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SM and AM 7-18-2016MIAMIBEACH SUPPLEMENTAL = BLUE ADDENDUM = RED Commission ltlleeting (Presentations & Awards) City Hall, Gommbsion Chambers, 3rd Floor, 1700 Convention Genter Drive July20, 2016 - 5:00 PM Mayor Philip Levine Commissioner John Elizabeth Aleman Commissiorer Ricky Aniola Commissioner Michael Grieco Commissioner Joy Malakoff Commissio ner Kristen Rosen Gomalez Commissioner Micky Steinberg City Manager Jimmy L. Morales City Aftorney Raul J. Aguila City Clerk Rafael E. Granado VIsff us at www.miamibeachfl.gov for agendas and video sfieaming of City Commission Meetings. ATTENTION ALL LOBBYISTS Chafier 2, Article Vll, Division 3 of the City Code of Mami Beach, entitled "Lobbyists,' requires the regbtration of all lobbyists with the Office of the City Chrk prior to engaging in any lobbying activity with the City Commission, any City Board or Cornmittee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbybts hws are available in the Office of the City Glerk. Questions regarding the provisions of the Ordinance should be directed to the Office of the GityAttomey. To request this material in aftemate format, sign larguage interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for Erglish or 21or Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). ln order to ensure adequate public consideration, if necessary the Mayor and City Commission may move any agenda item to an aftemate meetirg. ln addition, the Mayor and City Commission may, at their discretion, adjoum the Commission Meeting without reachirg allagenda items. AGENDAKEY Presentations and Awards: RegularAgenda: PA - Presentations and Awards R2 - competitive Bid Reports R5 - Ordinances Corsent Agenda: R7 - Resolutions C2 - Competitive Bid Reports R9 - New Businesses & Commission Requesl c4 - commission CommitteeAssignments R10 - cityAttorney Reports C6 - Commission Committee Reports c7 - Resoh.rtions Reports and lnformational ltems Page 1 of235 PA4 CERTIFICATE OF APPRECIATION TO BE PRESENTED TO WELLNESS REPRESENTATIVE. AGENDA 1. CALLTOORDER 2. INSPIRATIONAL MESSAGE AND PLEDGE OF ALLEGIANCE 3. REQUESTS FORADDITIONS, WITHDRAWALS,AND DEFERRALS Presentations and Avards PA 1 EMPLOYEE PERFORMANCE RECOGNITION. Organization Development Performance lnitiatives PA2 THE AMERICAN HEART ASSOCIATION RECOGNIZES THE MIAMI BEACH FIRE DEPARTMENT FORACHIEVING THE 2016 MISSION: LIFELINE EMS GOLD LEVEL RECOGNITION AWARDAND IMPLEMENTING QUALITY IMPROVEMENT MEASURES FOR THE TREATMENT OF PATIENTS WHO EXPERIENCE SEVERE HEART ATTACKS. Fire Department Commissioner Joy Malakoff PA 3 CERTIFICATES OF APPRECIATION TO BE PRESENTED TO: SGT. ANDY LOZANO, DETECTIVE RICHARD CORTON, DETECTIVE ALBERTO PORRO, DETECTIVE GRANT REID, DETECTIVE WILSON ROMERO, DETECTIVE ROBERT LANIER AND DETECTIVE MARTIN GARCIA, FOR PROTECTING OUR TOURISTS DURING AN ARMED ROBBERY INCIDENT ON OCEAN DRIVE; AND MARINE PATROL OFFICER DUANE REZENDE, FOR SAVING TWO BURN VICTIMS FROM A BOAT FIRE. Mayor Philip Levine ISAAC CRUZ, OUR HUMANA Commissioner Joy Malakoff PA 5 PROCLAMATION TO BE PRESENTED TO DEPUTY CHIEF LAURETTA HILL FROM THE POLICE DEPARTMENT FOR HER SERVICE TO THE CITY OF MIAMI BEACH. Mayor Philip Levine PA 6 CERTIFICATE OF APPRECIATION TO BE PRESENTED TO OFFICER CATHY TIGHE FOR HER DEDICATION TO OUR STUDENTS AND FOR H E R YEARS OF SERVICE AS A SCHOOL RESOURCE OFFICER. Commissioners Micky Steinberg and John ElizabethAleman PA 7 PROCLAMATION TO BE PRESENTED TO JACKSON PRESIDENT AND CEO CARLOS MIGOYA FOR HIS CONTRIBUTIONS TO THE MODERNIZATION OF THE HEALTH SYSTEM AND HIS TIRELESS EFFORTS TO CHANGE THE PUBLIC PERCEPTION OF IT. Commissioner Kristen Rosen Gonzalez PA 8 PROCLAMATION TO BE PRESENTED TO DWIGHT KRAI FOR HIS LIFELONG DEDICATION TO AND ACH I EVEM ENTS I N ENVI RONM ENTAL AWARENESS AND ACTIVISM. Commissioner Kristen Rosen Gorwalez PA 9 PROCLAMATION TO BE PRESENTED MOLLIE HORWITZ IN CELEBRATION OF HER LIFE. Commissioner Ricky Aniola PA 10 CER,TIFICATES OF COMPLETION TO BE PRESENTED TO CITY OF MIAMI BEACH NEIGHBORHOOD LEADERSHIP ACADEMY GRADUATES FOR SPRING 2016. Office of the City Manager Page 2 of 235 c4A New ltem added on 711812016 CONSENT AGENDA C4 - Gornmissbn Committee AssignnBnts REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE REGARDING RESCINDING THE NOISE ORDINANCE EXEMPTION FOR OCEAN FACING CAFES IN THE MXE DISTRICT. Commissioner Joy Malakoff REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE A PROHIBITION ON THE OPENING OF ANY NEW OPEN AIR ALCOHOL ENTERTAINMENT ESTABLISHMENTS AND PACKAGE STORES IN THE MXE DISTRICT OF OCEAN DRIVE. Commissioner Joy Malakoff REFERRAL TO FINANCE & CITYWIDE PROJECTS COMMITTEE TO PROVIDE MORE HANDICAP PARKING IN THE PUBLIC PARKING LOT AT ALLISON PARK FOR SABRINA COHEN FOUNDATION'SADAPTIVE BEACH DAYS TWO SATURDAYS PER MONTH. Commissioner Joy Malakoff c4B c4c REGUI.ARAGENDA R5 - Oldinances R5A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BYAMENDINGARTICLE IV ENTITLED "NOISE,'BYAMENDING SECTION 46- 157, ENTITLED "EXEMPTIONS,'WHICH MODIFIES THOSE IDENTIFIED EXEMPTIONS THAT WOULD CONSTITUTE UNNECESSARYAND EXCESSIVE NOISE THAT IS PROHIBITED WITHIN SECTION 46-152: AND PROVIDING FOR REPEALER, SEVERABILITY CODIFICATION, AND AN EFFECTIVE DATE. R7A Office of the CityAftorney Mayor Philip Levine First Reading R7 - Resoh.rtions A RESOLUTION ADOPTING THE SEVENTH AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2015/16. Budget & Performance lmprovement 5:01 p.m. Public Hearing A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE A WORK ORDER WITH METRO EXPRESS, lNC. (CONTRACTOR), lN THE AMOUNT OF $1,691,134.67; PLUS TEN PERCENT OWNERS CONTINGENCY IN THE AMOUNT OF $169,113.47 FOR A TOTAL OF $1,860,248.14, FOR THE CONSTRUCTION OF THE ESPANOLA WAY CONVERSION OF THE STREET TO A PERMANENT PEDESTRIAN MALL PROJECT UTILIZING THE COMPETITIVELY BID NATIONAL JOINT POWERS ALLIANCE (NJPA) COOPERATIVE CONTRACT; PARTIALLY UTlLlzlNG PREVIOUSLY APPROPRIATED FUNDS, AND SEEKING FUTURE FUNDING AS PROPOSED UNDER THE 7TH AMENDMENT TO THE FY 15/16 CAPITAL BUDGET. Capital lmprovement Projects A RESOLUTION RATIFYING A THREE (3) YEAR TABOR AGREEMENT BETWEEN THE CtTy OF MIAMI BEACH AND THE FRATERNAL ORDER OF pOLtCE (FOp) W|LL|AM NTCHOLS LODGE R7B R7C Page 3 of 235 R7D R7E R7F R7G NO. 8., FOR THE PERIOD FROM OCTOBER 1,2015 THROUGH SEPTEMBER 30, 2018; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. Human Resources A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BEIN THE BEST INTEREST OF THE CITY AND APPROVING AMENDMENT NO. 4, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, TO THE AGREEMENT, DATED MAY 8, 2014, BETWEEN THE CITY AND LIMOUSINES OF SOUTH FLORIDA, INC., FOR TURN-KEY OPERATIONS AND MAINTENANCE SERVICES OF A MUNICIPAL TROLLEY SYSTEM FOR THE CITY OF MIAMI BEACH; SAID AMENDMENT, AMONG OTHER THINGS, INCREASING THE SCOPE OF THE AGREEMENT TO INCLUDE THE FOLLOWING: (1) THE ADDITION OF ONE (1)BI-DTRECTTONAL ROUTE rN SOUTH BEACH FORATERM OF StXTy (60) MONTHS, COMMENCING AS OF THE ROLL-OUT DATE FOR THE LOW-FLOOR TROLLEY VEHICLES; (2) THE ADDITION OF TWELVE (12) NEW LOW-FLOOR TROLLEY VEHICLES FOR USE lN ALL CITY TROLLEY ROUTES; (3) A NEGOTIATED NEW HOURLY RATE FOR THE LOW- FLOOR TROLLEY VEHICLES AND ADDTTTONAL ASSOCTATED SERVTCES; (4) AUTHOR|Z|NG THE CITY MANAGER TO APPROVE THE PURCHASE OFADDITIONAL OPTIONAL EQUIPMENT FOR THE LOW-FLOOR TROLLEY VEHICLES, AS MAY BE NEEDED IN THE ADMINISTRATION S DISCRETION, SUBJECT TO FUNDING AVAILABILITY; (5) INCREASING THE ANNUAL COST OF THE AGREEMENT, FROM A NOT TO EXCEED COST OF $6,700,000 TO A NOT TO EXCEED COST OF $12,000,000; AND AUTHORIZING THE CITY MANAGER TO TERMTNATE THE CURRENT INTERLOCALAGREEMENT WITH MIAMI-DADE COUNTY FOR THE SOUTH BEACH LOCAL SERVICE IN CONNECTION WITH THE NEGOTIATION OF A NEW INTERLOCAL AGREEMENT FOR THE SOUTH BEACH TROLLEY ROUTE; AND FURTHERAUTHORIZING THE MAYORAND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED INTERLOCALAGREEMENT AND THEAMENDMENT. Transportation A RESOLUTION ACCEPTING THE CITY MANAGER S RECOMMENDATION OF AECOM TO MODIFY THE METHODOLOGY FOR CALCULATING THE EQUIVALENT RESIDENTIAL UNIT (ERU) FOR STORMWATER UTILITY USAGE, AND DIRECTING THE CITYADMINISTRATION TO DRAFT AN ORDINANCE AMENDING CHAPTER 110 OF THE CITY CODE TO IMPLEMENT THE MODIFIED ERU CALCULATION FROM 791 TO 849 SQUARE FEET OF IMPERVIOUS AREA. Public Works Defened from July 13,2016 - RTGG A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE THE INDIAN CREEK STORM WATER IMPROVEMENTS FROM 26TH TO 41ST STREET PROJECT UTILIZING THE ooMPETITIVELY BID NATIONAL JOTNT POWERS ALLTANCE (NJPA) COOPERATTVE CONTRACT FOR CONSTRUCTION SERVICES WITH THE GORDIAN GROUP. Public Works Defened from July 13, 2016/ RTEE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA AN ADVISORY NON-BINDING STRAW BALLOT QUESTION ASKING WHETHER THE MAYOR AND CITY COMMISSION SHOULD ADOPT AN ORDINANCE STOPPING THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT 2:00 A.M., INSTEAD OF 5:00 A.M., FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON OCEAN DRIVE BETWEEN 5TH AND 15TH STREETS, EXCEPT FOR INDOOR PORTIONS OF ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND LOCATED ENTIRELY WITHIN HOTELS. Office of the CityAttomey Mayor Philip Levine Page 4 of 235 R9A R9B R9C R9D R9E R9F R1O A R9 - New Business and Commissbn Requests RECONSTDEMTION OF AGENDA |TEM R7S (L|GHT RA|L MODERN STREETCAR PROJECT) APPROVED AT THE JULY 13, 2016 CITY COMMISSION MEETING. Commissioner John Elizabeth Aleman DISCUSSION ITEM ON COLLINS PARK PARKING GARAGE OPTIONS. Office of the City Manager DISCUSSION REGARDING FUNDING FOR THE AIRAND SEA SHOW. Tourism, Culture, and Economic Development Mayor Philip Levine UPDATE REGARDING THE CERTIFICATION OF SIGNED PETITIONS SUBMITTED BY'SAVE Office of the City Clerk Supplemental - Last updated on 7 11812016 Office of the CityAttomey Commissioner Kristen Rosen Gorualez & Co- Sponsored by Commissioner Michael Grieco Supplemental - Last updated on7 11812016 DISCUSSION REGARDING THE STATUS OF THE LITTLE HAN/ANA ACTIVITIES AND NUTRITION CENTER'S ELDER MEALS PROGRAM AT STELLA MARIS HOUSE. Housing & Community Services Commissioner John Elizabeth Aleman Addendum added on 711812016 R10 - CityAttorney Reports NOTICE OF CLOSED EXECUTIVE SESSION PURSUANT TO SECTION 447.605, FLORIDA STATUTES, A CLOSED EXECUTIVE SESSION WILL BE HELD PRIOR TO THE CITY COMMISSION MEETING OF WEDNESDAY JULY 20,2016, AT 4:30 P.M., lN THE CITY MANAGER'S LARGE CONFERENCE ROOM, FOURTH FLOOR, CITY HALL, FORA DISCUSSION RELATIVE TO COLLECTIVE BARGAINING. Human Resources 4:30 p.m. NOTICES PUBLTC HEARTNG ADVERTTSEMENT(S). Office of the City Clerk A. MIAMI BEACH CITY CHARTER. Page 5 of 235 THIS PAGE INTENTIONALLY LEFT BLANK /\AIAMI BEACH TO: FROM: DATE: SUBJECT: UPDATE REGARDING THE CERTIFICATION OF SIGNED PETITIONS SUBMITTED BY "SAVE MIAMI BEACH 2016," A POLITICAL COMMITTEE, PETITIONING THE CITY COMMISSION TO SUBMIT TO THE ELECTORS OF MIAMI BEACH AN AMENDMENT TO SECTION 1 .03 OF THE MIAMI BEACH CITY CHARTER. ANALYSIS Pursuant to Section 7.04 of the Miami Beach City Charter and Section 6.03(A) of the Code of Miami- Dade County, on July 5, 2016, the City Clerktransmitted the original signed petitions submitted by "Save Miami Beach 2016," a Political Committee, to the Miami-Dade County Elections Departnent to determine if the petitions had been signed by ten percent (10%) of the qualified electors of the City of Miami Beach. According to the Miami-Dade County Elections Department, as of November 3,2015, the City of Miami Beach had 44,576 registered voters, thus requiring the signatures of 4,458 qualified electors to call for an election to amend the City Cf'arter.[1] The Miami-Dade County Elections Departnent has completed the comparison of signatures on the submitted petitions against signatures on the voter rolls for the City of Miami Beach, and has determined that out of the total 4,812 signatures submitted, 2,300 are certified as matching the signatures on the voter rolls of the City of Miami Beach. Acopy of the Certification is attached hereto. Accordingly, I hereby present the attached Elections Departnent Certificate evidencing that the subject initiative petition does not contain the requisite anrcunt of signatures. [1] fh" benchnnrk date for the Supervisor to nrake the catculation regarding signature sufficiency is November 3,2015, which is the date of the City's last General Election - this date conforms to Florida Statute Section 166.031, which reads "...The governing body of a municipality may... by petition signed by 10 percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed arnendrnent to its charter...". As indicated by the Official Results of the November 3,2015 General Election, the number of Registered Voters on that day was 44,576. Thus, 4,458 valid signatures are necessary. New Business and Commission Requests - R9 D COMMISSION MEIVPRANDUM Honorable Mayor and Members of the City Commission Rafael E. Granado, City Clerk July 20,2016 Page 212 of 235 Legislative Tracking Office of the City Clerk ATTACHMENTS: Description o Certification Page 213 oi 235 ffi@ mlamidade.gov July 18,2016 Elections 2200 NW BTth Avenue Miaml, Floricla 33122 T 305-499.86S3 F 305-499.8547 TTY 30s-4e9"8480 Rafael E. Granado City Clerk City of Miamt Beach 1700 Convention Center Drive Miaml Beach, FL Og,t39 Dear Mr. Granado: The Miami-Dade Elections D-epartment has,comploted the verificaflon of Batch 1 of thepetltions submitted bv save Miaml Be;cl,-^401{d, ; i.'liii,i"icommittee to amend $ection1'03 of the cltv charter. A totai ot i,an p;int$; wi; reviewed for verificauon; ofwhioh 2,300 were certified. As suoh, please flnd the certlflcation for the petiilon enclosed.. $hould you have anyquestions or cone,erns, please feelfree to coniact nri.r,Jrie rra.crain,' riui,itvblpervlsorof Electlons for Voter Stirvices at 305-4gg-gg02. Enclosure (1) Supervlsor of Elections Page 214 of 235 ffi@ mlamidade.gov STATE OF FLORTDA) couNTY OF MIAM|-DADE) l, Christlna White, Supervisor of Elections of Miami-Dade gognty, Florlda, do herebycertify that ?.3,Q0 signatures submitted !V slgnatures on the voter files. WITNESS MY HAND AND OFFICIAL SEAL, AT MIAMI, MIAMI.DADE COUNTY, FLORIDA, ON THIS 18th DAY OF JULY,2016 Ilections 2200 NW B7tlr Avenue Mianrl, Florida 33172 T 305-499"8683 F 305-499.8547 TTY 30s-499-S480 CERTIFICATION Batch # 1 Christina Whlte Supervlsor of Elections Page 215 ot 235 New Business and Commission Requests - R9 E MIAMI BEACH COMMISS ION ]I/IE IT'IORAN DU M TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Kristen Rosen Gonzalez DATE: July 20,2016 SUBJECT: DISCUSSION REGARDING PLACING A BALLOT QUESTION ON THE NOVEMBER 8, 2016 SPECIAL ELECTION, REGARDING A CHARTER AMENDMENT REQUIRING APPROVAL OF 6NTH VOTE OF THE CIry COMMISSION BEFORE ALLOWING ANY INCREASE TO ANY MAXIMUM ZONED BUILDING HEIGHT. Legislative Tracking Office of the CityAttomey Sponsor Commissioner Kristen Rose n Gonzalez ATTACHMENTS Description o Option 1 (Rosen GonzalezProposal) o Option 2 (City Attorney's Redraft of Option 1) D Option 3 (CityAttorney's Recomnended draft) Page 216 of 235 OPTION 1: COMMISSIONER ROSEN GONZALEZ'S PROPOSAL SUBJECT: RESOLUTION CALLING CITY'S NOVEMBER 8, 2016 SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER SECTION 1.03 SHOULD BE AMENDED BY ADDING A NEW SECTION 1.03(0 REQUTRING ANY TNCREASE !N ZONED BUtLDtNG HEtcHT FROM ITS MAXIMUM HEIGHT AS OF ADOPTION OF THIS CHARTER AMENDMENT, EXCEPT FOR VARIANCES GREATER THAN THREE FEET AND HEIGHT REGULATION EXCEPTIONS IN CITY CODE SECTION 142-1161 IN EXISTENCE ON JANUARY 1,2016, UNLESS ANY SUCH INCREASE IN ZONED HEIGHT IS ENACTED BY AN AFFIRMATIVE VOTE OF SIX-SEVENTHS OF ALL MEMBERS OF THE CIry COMMISSION. The attached Resolution has been prepared calling for a City of Miami Beach Special Election to be held on November 8, 2016 for the purpose of submitting to the City's voters the following ballot question: CITY CHARTER AMENDMENT Sec. 1.03 of the Miami Beach City Charter shall be amended as follows (underscore denotes additions; strike through denotes deletions) : Sec. 1.03. - Powers of city. **,1. (fl The maximum building height in any zonine district within the City of Miami Beach shall not be increased by zonins or land development regulation. text or map amendment. transfer. or anl/ other means from its current maximum building heieht as it exists on the date of adoption of this Charter Amendment. exceot for variances no sreater than three feet. and height reeulation exceotions in Citv Code section 142-116l in existence on January 1.2016. unless any such increase in maximum buildine heieht eilffieaeF is enacted bv an affirmative vote of six-sevenths of all members of the citv commission. This orovision is effective on the date of its approval bv the electors of Miami Beach. Examples: Subpart A - CI{ARTER Sec. 1.03. - Powers of city. Page217 o1235 (b) Alienability of property. 4. The sale, exchange, conveyance or lease of ten years or longer of all remaining City-owned property (other than public beach rights-of-way - see (d) herein below, and other than those properties addressed more specifically in this Charter section 1.03) shall, as provided by Ordinance, require approval by a majority 4/7 vote of all members of the Planning Board and 617 vote of the City Commission. The sale, exchange, conveyance or lease of ten years or longer of property owned by the Miami Beach Redevelopment Agency (Agency) shall require approval by a majority 417 vote of all members of the Planning Board andT/8 vote of the Agency. LDRs ARTICLE III. - AMENDMENT PROCEDURE Sec. 118-164. - Action by city commission. (4) An affirmative vote of five-sevenths of all members of the city commission shall be necessary in order to enact any amendment to these land development regulations. Page 2'18 ot 235 OPTION 2: CITY ATTORNEY'S REDRAFT OF OPTION 1 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION ON NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER SECTION 1.03 OF THE CITY CHARTER SHOULD BE AMENDED TO REQUIRE THAT ANY INCREASE IN ZONED BUILDING HEIGHT, EXCEPT FOR VARIANCES NO GREATER THAN THREE FEET AND HEIGHT REGULATION EXCEPTIONS !N CITY CODE SECTION 142-1161, BE SUBJECT TO 6/7THS APPROVAL BY VOTE OF THE CITY COMMISSION. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: sEcTtoN 1. ln accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 8, 2016, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the said voting precincts in the City of Miami Beach of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Page 219 of 235 Officials. All electors shall vote at the polling determined by the Miami-Dade County Election Exhibit "A".1 SECTION 4. places and the voting precincts as Officials as set forth in the attached Not less than thifi days' notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shal! be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. sEcTtoN 5. The Notice of Election ("Notice") shal! be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 8th DAY OF NOVEMBER, 2016, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: Gitv Charter Section 1.03 Establish Requirement of 6/7ths Vote to Approve lncreases in Buildinq Heiqht Should Gity Charter Section 1.03 be amended to require that any increase in zoned building height, except for variances no greater than three feet and height regulation exceptions in City Code Section 142-1161, be subject to 6/7ths approval by vote of the City Commission? 1 As of date, the Ci$ of Miami Beach has not received from Miami-Dade County Elections Department the linal list of polling places for the City's November 8, 2016 Special Election. Accordingly, attached to this Resolution is a list of polling places from the City's March 2016 Special Election, which upon receipt from the County, will be superseded by the Department of Elections' list of polling places for the City's subject November 8, 2016 Special Election, which list of polling places for the City's November 8, 2016 Special Election will be publicly noticed by the City. Page 220 ot 235 YES NO Said Notice shall further set forth the several polling places in the election precincts as established in accordance with Section 3 hereof, and shall further set forth pertinent information regarding eligibility of electors to participate in said election. SECTION 6. That the official ballot to be used in the Special Election to be held on November 8,2016, hereby called, shall be in substantially the following form: OFFICIAL BALLOT Citv Charter Section 1.03 Establish Requirement of 6/7ths Vote to Approve lncreases in Buildinq Heiqht Should Gity Charter Section 1.03 be amended to require that any increase in zoned building height, except for variances no greater than three feet and height regulation exceptions in City Code Section 142-1161, be subject to 6/7ths approval by vote of the City Commission? YES NO SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, Page 221 of 235 City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of Elections will register voters for this Special Election until 5:00 p.m. on October 11,2016. All persons eligible to vote in this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami- Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Dora!, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 9. That the absentee voters participating in said cast their ballots in accordance with the provisions with respect to absentee voting. Special Election shall be entitled to of the laws of the State of Florida SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 11. lf any section, sentence, clause or phrase of the ballot measure set forth above in this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said ballot measure. Page 222 of 235 SECTION 12. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this day of ATTEST: Rafael E. Granado City Clerk (Sponsored by City Commissioner Kristen Rosen Gonzalez) F:\ATTO\1(ALN\BALLOT QUESTION\Maximum building height RESO (KRG).docx 2016. Philip Levine Mayor Page 223 ot 235 Citv Charter Section 1.03: PROPOSED BALLOT QUESTION AND AMENDED CITY CHARTER TEXT NOVEMBER 8, 2016 SPECIAL ELECTION I. PROPOSED BALLOT QUESTION: Citv Charter Section 1.03 Establish Requirement of 6/7ths Vote to Approve lncreases in Buildinq Heiqht Should City Charter Section 1.03 be amended to require that any increase in zoned building height, except for variances no greater than three feet and height regulation exceptions in City Code Section 142-1161, be subject to 6/7ths approval by vote of the City Commission? YES NO II. PROPOSED CITY CHARTER TEXT: City Charter Section 1.03 Sec. 1.03. - Powers of city. (fl Maxrmum burTdrnq heiohf. ihe maximu; buildinq neiiht in anv zoninq oistrict witnin the Citv of Miami Beach shall not be increased bv zoninq. transfer. or anv other means from its current zoned maximum buildino heiqht as it exists on the date of adoption of this charter amendment. except for variances no oreater than three feet. and heioht requlation exceptions in Citv Code section 142-1161. unless anv such increase in maximum buildinq heioht is enacted bv an affirmative vote of six-sevenths of the members of the citv commission. This provision shall be effective on the date of its approval bv the electors of the Citv of Miami Beach. Page 224 ol 235 OPTION 3: CITY ATTORNEY'S RECOMMENDED DRAFT TO OPTIONS 1 AND 2 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMT BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION ON NOVEMBER 8,2016, FOR THE PURPOSE OF SUBMTTTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDAAN ADVISORY, NONBINDING STRAW BALLOT QUESTION ASKING WHETHER THE MAYOR AND CITY COMTTIISSION SHOULD ADOPT AN ORDINANCE REQUIRING THAT ANY INCREASE IN ZONED BUTLDING HEIGHT, EXCEPT FOR VARIANCES NO GREATER THAN THREE FEET AND HEIGHT REGULATION EXCEPTIONS tN clTy coDE SECT|ON 142-1161, BE SUBJECT TO 6nTr{s AppRovAL By VOTE OF THE Ctty COUtutisstott-, AND FURTHER THAT SUCH ORDINANCE SHALL NOTBE REPEALED OR Ai'ENDED UI{LESS ALSO AppRovED By 6nrHs vorE oF THE ctry coMMtsstoN. NOW, THEREFORE, BE tT DULY RESOLVED BY THE MAYOR AND CITY COMi,llSSlON OF THE Clw OF MtAitt BEACH: sEcTtoN 1. ln accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 8, 2016, for the purpose of submitting to the electorate the advisory, nonbinding straw ballot question as set forth hereinafter. sEcTtoN 2. That the appropriate and proper Miami-Dade County election officials shal! conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be perfonned by the City Commission. The official retums for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. Page 225 ol 235 sEcTtoN 3. That the said voting precincts in the City of Miami Beach of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts as determined by the Miami-Dade County Election ffidals as set forth in the attached Exhibit "A".r sEcTtoN 4. Not less than thifi days notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of genera! circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 1O0.U2, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. sEcTtoN 5. The Notice of Election ('Notice") shal! be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CIry OF MIAM! BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 8th DAY OF NOVEMBER,2016, AT WHICH TIME THERE SHALL BE SUBMI]TED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CIry OF MIAMI BEACH THE FOLLOWING ADVISORY, NONBINDING STRAW BALLOT QUESTION: 1 As of date, ths City of Miami Beach has not receivad frcm Mlami-Dade County Eledions Department the final list of polling places for the Cit/s November 8, 2016 Special Eleclion, Accordingly, attached to this Resohrtion is a list of polling places from the City's March 2016 Special Election, whlch upon receipt frcrn the County, will be superseded by the Department of Elec{ions' list of polling places for the City's subjed November 8, 2016 Special Elec;tion, whicfr list of polling places for the City's November 8, 2018 Special Election will be publicly noticed by the City. Page 226 of 235 Advisoru. Nonbindino Straw Ballot Question Establish -6flths Vote Requirement to Aoorove lncrsases in Buildino Heiqht Should the Mayor and City Commission adopt an Ordinance rcquiring that any increase in zoned building height except for variances no greater than three feet and height regulation exceptions in Gity Code Section 112-1161, be subfect to 6ffths approval by vota of the City Commission, and further that such Ordinance shall not be repealed or amended unless also approved by 6/7the vote of the City Commission? YES NO Said Notice shall further set forth the several polling places in the election precincts as established in accordane with Section 3 hereof, and shall further set forth pertinent information regarding eligibility of electors to participate in said election. sEciloN 6. That the officia! ballot to be used in the Special Election to be held on November 8, 2016, hereby called, shall be in substantially the following form: OFFICIAL BALLOT Advisorv. Nonbindins Straw Ballot Question Establish 6/7ths Vote Requirement to Aporove lncreases in Buildins Heioht Should the Mayor and City Commicsion adopt an Ordinance requiring that any increase in zoned building height except for variances no greater than three feet and height regulation exceptlons in City Code Section 112-1161, be subJect to 6Pthc approval by vote of the City Commission, and further that such Ordinance ehall not be repealed or amended unless aleo approved by 6/7the vob of the City Commission? YES NO Page 227 of 235 sEcTtoN 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. sEcTroN 8. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Oflice of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of Elections will register voters for this Special Election until 5:00 p.m. on Ostober 11,2016. All persons eligible to vote in this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and retuming it to the Miami- Dade County Elections Office. All questions conceming voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). sEcTtoN 9. That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the laws of the State of Florida with respect to absentee voting. sEcfloN 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. Page 228 ol 235 sEcTroN 11. !f any section, sentence, clause or phrase of the ballot measure set forth above in this Resolution is held to be invalid or unconstitutiona! by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said ballot measure. sEcTtoN {2. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this day of 2016. ATTEST: Philip Levine Mayor Rafae! E. Granado City Clerk (Sponsored by City Commissioner Kristen Rosen Gonzalez) APPROVED A.S TO FORM & LANGUAGE ^.^. & FOR 0KECUIION#.s$'CitY AttorneY l0K F:\ATTO\IGLNEALLOT OUESnON\Meximum building hcight (RJA) RESO.doo< Page 229 of 235 PROPOSED BALLOT QUESTTON NOVEMBER 8, 2016 SPECIAL ELECTION I. PROPOSED BALLOT QUESTION: Advisor. Nonbindino Straw Ballot Question Establish 6/7ths VotE Requirement to Aporove lncreases in Buildinq Heioht Should the Mayor and City Commission adopt an Ordinance requiring that any increase in zoned building height, except for variances no greater than three feet and height regulation exceptions in Crty Code Section 142-1161, be subject to 6/7ths approvat by vote of the City Commission, and further that such Ordinance shall not be repealed ol amended unless also approved by 6l7ths vote of the City Commission? YES NO Page 230 of 235 THIS PAGE INTENTIONALLY LEFT BLANK /\AIAMIBEACH TO: FROM: DATE: SUBJECT: DISCUSSION REGARDING THE STATUS OF THE LITTLE HAVANAACTIVITIES AND NUTRITION CENTER'S ELDER MEALS PROGRAM AT STELLA MARIS HOUSE. ANALYSIS This item addresses the closure of the elder congregate meal site located at Stella Maris House (Stella Maris), an adult living facility located at 8638 Harding Avenue. This item was originally raised at the June 8, 2016 City Commission meeting by Commission John Elizabeth Aleman. At the July 13,2016 Commission meeting, representatives of Little Havana Activities and Nutrition Centers of Dade County, lnc., the meal site provider, explained that the cause of the meal site's closure was the loss of Local Service Program (LSM)funding from the State of Florida. While the City has provided interim funding through July 22,2016 to ensure that meals continue uninterrupted at Stella Maris, the Alliance for Aging (Alliance), the agency that monitors elder meal services in Miami-Dade County, has advised the City that program participants have been advised that they can receive services at the South Shore Senior Center (Senior Center). The Senior Center's meal program is operated by Jewish Community Services of South Florida (JCS). Stella Maris residents are free to receive ongoing meal services at the Senior Center. While JCS can provide transportation from Stella Maris to the Senior Center, it must first obtain consent from a minimum of 15 Stella Maris residents who are willing to accept this service. As of this writing, the transportation component has not been resolved. ln addition to offering ongoing services at the Senior Center, the Alliance forAging has certified that12 of the Stella Maris residents cunently receiving congregate meal site services are in fact eligible to receive homebound services (which provides for the delivery of meals directly to the elder person's home). The Alliance has referred these eligible residents to the Miami-Dade County CommunityAction and Human Services Department (Miami-Dade County)to ensure that meal services remain unintemrpted with the service commencing wlren the Stella Maris congregate meal site officially closes. At the July 13th meeting, several Commissioners inquired as to when funding for the meal sites would next become available. According to the Alliance, the next funding opportunity is expected in2017. New Business and Commission Requests - R9 F COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimrny L. Morales, City Manager July 20,2016 Page231 o1235 CONGLUSION While the Stella Maris meal site will be closed after it serves its last med on Friday, July 22nd, the residents served by this site can receive ongoing meal seMces through JCS or Miami-Dade County. Legislative Tracking Housing & Community Services S onsor Commissioner John Elizabeth Aleman Page232 of 235