SM and AM 7-20-2016SUPPLEMENTAL = BLUE
ADDENDUM = RED
MIAMI BEACH
Commbsion lt/heting (Prcsentations & Awads)
City Hall, Cornmbsion Ghambers, 3rd Floor, 1700 Convention Genter Drive
July 20, 2016 - 5:00 PM
Mayor Phitip Levine 'JUL 2 0 20118
Commissioner John Elizabeth Aleman
Commissio ner Ricky Ariola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gorzalez
Commissioner Micky Steinberg
City ManagerJimmy L. Morales
City Attomey Raul J. Aguila
City Clerk Rafael E. Granado
Vrsif us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach, entitled "Lobbldsts," requires the
regbtration of all lobbybts with the Offtce of the City Glerk prior to engaging in any lobffng 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 arc available in the Office of the City Clerk.
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 ErBlish 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 altemate meeting. ln addition, the Mayor and City Commission may, at their discretion, adjoum the
Commission Meeting withorrt reaching allagenda items.
presentations and Awards:
AGENDA KEY
RegularAgenda:
PA - Presentations and Awards R2 - Competitive Bid Reports
R5 - Ordinarrces
ConsentAgenda: R7 - Resolutions
C2 - Competitive Bid Reports R9 - New Businesses & Commission Requesl
C4 - Commission CommitteeAssignments R10 - CityAftomey Reports
C6 - Commission Committee Reports
C7 - Reso[.fiions Reports and lnformational ltems
Page 'l of 375
1.
2.
3.
PA1
PA2
PA3
PA4
PA5
AGENDA
CALLTO ORDER
INSPIRATIONAL MESSAGE AND PLEDGE OF ALLEGIANCE
REQUESTS FOR ADDITIONS, WITHDRAWALS, AND DEFERRALS
Prcsentations and Awards
EMPLOYEE PERFORMANCE RECOGNITION.
Organization Development Performance lnitiatives
THE AMERICAN HEART ASSOCIATION RECOGNIZES THE MIAMI BEACH FIRE DEPARTMENT
FOR ACHIEVING THE 2016 MISSION: LIFELINE EMS GOLD LEVEL RECOGNITION AWARD AND
IMPLEMENTING QUALITY IMPROVEMENT MEASURES FOR THE TREATMENT OF PATIENTS
WHO EXPERIENCE SEVERE HEART ATTACKS.
Fire Department
Commissioner Joy Malakoff
CERTIFICATES OFAPPRECIATION TO BE PRESENTED TO: SGT. ANDY LOZANO, DETECTIVE
RICHARD CORTON, DETECTIVE ALBERTO PORRO, DETECTIVE GRANT REID, DETECTIVE
WILSON ROMERO, DETECTIVE ROBERT I-ANIER 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
CERTIFICATE OF APPRECIATION TO BE PRESENTED TO ISAAC CRUZ, OUR HUMANA
WELLNESS REPRESENTATIVE.
Commissioner Joy Malakoff
PROCLAMATION TO BE PRESENTED TO DEPUTY CHIEF IAURETTA HILL FROM THE POLICE
DEPARTMENT FOR HER SERVICE TO THE CITY OF MIAMI BEACH.
Mayor Philip Levine
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
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
PROCLAMATION TO BE PRESENTED TO DWIGHT KRAII FOR HIS LIFELONG DEDICATION TO
AND ACHIEVEM ENTS IN ENVIRONM ENTAL AWARENESS AND ACTIVISM.
Commissioner Kristen Rosen Gomalez
PA6
PA7
PA8
PA 9 PROCLAMATION TO BE PRESENTED TO MOLLIE HORWITZ IN CELEBRATION OF HER LIFE.
Co mmissioner Ricky Arriola
PA 10 CERTIFICATES 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 375
pA 11 cERrFrcArES oF RECocNrroN ro BE pRESENTED ro oFHcAkbHbffiqgffAd+ltreRf
AND OFFICER ARTHUR MARTINEAU.
Commissioner Rosen Gorzalez
New ltem added on 711912016
PA12 SWEARING IN OF DEPUTY CHIEF OF POLICE RICK CLEMENTS.
Police
New ltem added on 711912016
PA 13 RECOGNIZE ROGELIO MADAN, NICK KALLERGIS, EVE BOUTSIS, AND FLAVIA TONIOLI, WHO
WORKED ON THE CITY OF MIAMI BEACH SUSTAINABILITY AND RESILIENCY ORDINANCE,
WHICH HAS WON THE STATE AWARD FROM THE FLORIDA CHAPTER OF THE AMERICAN
PLANNING ASSOCIATION FOR BEST PRACTICES AND WILL BE SUBMITTED TO APA
NATIONAL FORAN AWARD.
Commissioner M icky Steinberg
New ltem added on 711912016
PA14 PROCLAMATION TO BE PRESENTED TO BRUCE MOWRY FOR BEING AWARDED THE
GOVERNMENT ENGINEER OF THE YEAR AWARD, AND PROCLAIMING IT BRUCE MOWRY
DAY
Mayor Philip Levine
New item added on 7119116
c4A
04B
c4c
c4D
CONSENTAGENDA
@l - Commissbn Gonmittee Assignrnents
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
Commissioner Joy Malakoff & Co-Sponsored by
Commissioner Ricky Aniola
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 and co-sponsored by
Commissioners Michael Grieco & Ricky Aniola
REFERML TO FINANCE & CITY'WIDE PROJECTS COMMITTEE TO PROVIDE MORE
HANDICAP PARKING IN THE PUBLIC PARKING LOT AT ALLISON PARK FOR SABRINA COHEN
FOUNDATION'S ADAPTIVE BEACH DAYS TWO SATURDAYS PER MONTH.
Commissioner Joy Malakoff
REFERML TO LAND USE AND DEVELOPMENT COMMITTEE - DISCUSSION REGARDING
AMENDMENT TO CHAPTER 6. ENTITLED "ALCOHOLIC BEVERAGES,- TO PRECLUDE ANY
NEW ENTERTAINMENT ESTABLISHMENT IN THE CITY FROM OPERATING LATER THAN 2:OO
A.M.
Planning Department
Commissioner Ricky Arriola
Addendum added on 712012016
REGULARAGENDA
Page 3 of 375
R5 - Ordinances
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.
Office of the CityAftomey
Mayor Philip Levine and Co-Sponsored by
Commissioner Joy Malakoff
R7A
Firct Reading
R7 - Resolutions
A RESOLUTION ADOPTING THE SEVENTH AMENDMENT TO THE CAPITAL BUDGET FOR
FISCAL YEAR 2015/16.
Budget & Performarrce 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 CONTMCT; PARTIALLY UTILIZING
PREVIOUSLY APPROPRIATED FUNDS, AND SEEKING FUTURE FUNDING AS PROPOSED
UNDER THE 7TH AMENDMENT TO THE FY 15/16 CAPITAL BUDGET.
Capital lmprovement Projects
A RESOLUTTON RATTFYTNG A THREE (3) YEAR I_ABOR AGREEMENT BETWEEN THE C|TY OF
MtAMt BEACH AND THE FRATERNAL ORDER OF POLTCE (FOP) W|LLIAM NTCHOLS LODGE
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
5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN
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)
B|-DTRECTTONAL ROUTE rN SOUTH BEACH FOR A TERM OF S|XTY (60) MONTHS,
COMMENCING AS OF THE ROLL-OUT DATE FOR THE LOW-FLOOR TROLLEY VEHICLES; (2)
THE ADDTTTON OF TWELVE (12) NEW LOW-FLOOR TROLLEY VEHTCLES FOR USE tN ALL C|TY
TROLLEY ROUTES; (3)A NEGOTIATED NEW HOURLY RATE FOR THE LOW-FLOOR TROLLEY
VEHICLES AND ADDITIONAL ASSOCIATED SERVICES; (4) AUTHORIZING THE CITY
MANAGER TO APPROVE THE PURCHASE OF ADDITIONAL OPTIONAL EQUIPMENT FOR THE
LOW-FLOOR TROLLEY VEHICLES, AS MAY BE NEEDED IN THE ADMINISTMTION 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 TERMINATE THE
R7B
R7C
R7D
Page 4 of 375
R7E
R7F
R7G
R7H
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
MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED INTERLOCALAGREEMENT
AND THEAMENDMENT.
Transportation
Supplemental - Last updated on 7 I 1912016
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE CITY MANAGER S RECOMMENDATION OF AECOM TO MODIFY
THE METHODOLOGY FOR CALCULATTNG THE EQUTVALENT RESTDENTTAL UNrr (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, APPROVING THE INDIAN CREEK STORM WATER IMPROVEMENTS FROM 26TH TO
41ST STREET (PROJECT), HAVTNG AN ESTTMATED CONSTRUCTTON COST OF $3,000,000,
INCLUDING A 10 PERCENT CONTINGENCY AND FURTHER AUTHORIZING THE CITY
MANAGER TO PROCURE PROJECT CONSTRUCTION SERVICES UTILIZING THE
ooMPETTTTVELY BrD NATTONAL JO|NT POWERS ALLTANCE (NJPA) COOPEMTTVE
CONTRACT FOR CONSTRUCTION SERVICES WITH THE GORDIAN GROUP.
Public Works
Deferred 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 BEVEMGES AT 2:00 A.M., INSTEAD OF 5:00 A.M., FOR
ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON OCEAN DRIVE BETWEEN sTH
AND 15TH STREETS, EXCEPT FOR INDOOR PORTIONS OF ALCOHOLIC BEVERAGE
ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND LOCATED ENTIRELY WITHIN
HOTELS.
Office of the City Attomey
Mayor Philip Levine
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA CALLING FORA 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 NONBINDING STRAW BALLOT QUESTION ASKING WHETHER THE MAYOR
AND CITY COMMISSION SHOULD WAIT FOR MIAMI-DADE COUNTYAND STATE OF FLORIDA
APPROVAL OF A RAIL CONNECTION ACROSS THE MACARTHUR CAUSEWAY PRIOR TO
ENTERING INTO A FINALAGREEMENT WITH THE STREETCAR DEVELOPER.
Office of the CityAttomey
Vice-Mayor Michael Grieco
Addendum added on 711912016
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 NONBINDING STRAW BALLOT QUESTION ASKING WHETHER THE MAYOR
AND CITY COMMISSION SHOULD APPROVE A MONTHLY STORMWATER UTILITY FEE
R7t
Page 5 of 375
R7J
R7K
R7L
R7M
INCREASE OFAPPROXTMATELY $6 PER RESTDENTTAL UN|T (OR EQUTVALENT RESTDENTTAL
UNIT), TO FUND A PORTION OF THE CITYS PROGRAM TO RAISE STREETS AND INSTALL
STORMWATER PUMPS TO ADDRESS FLOOD MITIGATION AND SEA LEVEL RISE.
Office of the City Attomey
Vice-Mayor Michael Grieco
A RES.LUT.N oF rHE MAyoR AND crry coMMrssro^, "r +E"J'1T;:';ffili:iiL:
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 AN
ADVISORY NONBINDING STRAW BALLOT QUESTION ASKING WHETHER THE MAYOR AND
CITY COMMISSION SHOULD ADOPT AN ORDINANCE REQUIRING THAT ANY INCREASE IN
ZONED BUILDING HEIGHT, EXCEPT FOR VARIANCES NO GREATER THAN THREE FEETAND
HEIGHT REGUI-ATION EXCEPTIONS IN CITY CODE SECTION 142-1161, BE SUBJECT TO
6/7THS APPROVAL BY VOTE OF THE CITY COMMISSION, AND FURTHER THAT SUCH
ORDINANCE SHALL NOT BE REPEALED OR AMENDED UNLESS ALSO APPROVED BY 6/7THS
VOTE OF THE CITY COMMISSION.
Office of the CityAttomey
Vice-Mayor Michael Grieco
A RES.LUT.N oF rHE MAyoR AND crry coMMrssro- "r *H"J,1T;:';ffili:iT.,:
FLORIDA CALLING FORA 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 NONBINDING STRAW BALLOT QUESTION ASKING WHETHER THE CITY
SHOULD CONTINUE TO DISCUSS THE DEVELOPMENT OF A HEADQUARTER CONVENTION
HOTEL IN THE VICINITY OF THE MIAMI BEACH CONVENTION CENTER.
Office of the City Attomey
Vice-Mayor Michael Grieco
A RESoLUT.N oF rHE MAyoR AND crry coMMrssro- "r #,8"Jfl1l;:t;ffili:iiL:
FLORIDA CALLING FORA 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 NONBINDING STRAW BALLOT QUESTION ASKING WHETHER THE CITY
sHouLD CoNSTRUCT A NEW FIRE STATTON ('F|RE STATTON PROJECT) ON THE SOUTH
PARKING LOT OF FLAMINGO PARK TO REPLACE THE EXISTING FIRE STATION NO. 1,
LOCATED AT 1O5O JEFFERSON AVENUE, WHICH FIRE STATION PROJECT WOULD ALSO
INCLUDE PARKING AND THE CONSTRUCTTON OF A NEW POLTCE ATHLETTC LEAGUE ('pAL)
FACILITY REPI-ACING THE EXISTING PAL FACILITYAT 999 11TH STREET.
Office of the City Attomey
Vice-Mayor Miclnel Grieco
A RES.LUT.N oF rHE MAyoR AND crry coMMrssro- "r +,H"J'1T;:';fJIi:iilr:
FLORIDA CALLING FORA 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 NONBINDING STRAW BALLOT QUESTION ASKING WHETHER THE MAYOR
AND CITY COMMISSION SHOULD ENACT AN ORDINANCE REQUIRING THAT ANY INCREASE
lN zoNED BUILDING HETGHT EXCEPT FOR (1) VARTANCES NO GREATER THAN THREE
FEET, (2) HEIGHT REGULATION EXCEPTTONS tN Crry CODE SECTTON 142-1161, AND (3)
FUTURE HEIGHT INCREASES TO MITIGATE OR PROTECT AGAINST THE IMPACTS OF
INCREASED FLOODING DUE TO SEA LEVEL RISE, REQUIRE A 6/7TH VOTE OF THE CITY
COMMISSION, AND FURTHER THAT SUCH ORDINANCE SHALL NOT BE REPEALED OR
AMENDED UNLESS ALSO APPROVED BY A 6/7 VOTE.
Office of the CityAttomey
Commissioner Ricky Aniola
Page 6 of 375
R7N
R9A
R9B
R9C
R9D
R9E
R9F
R9G
Addendum added on 711912016
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH.
FLORIDA. ACCEPTING THE RECOMMENDATION OF THE SUSTAINABILITY AND RESILIENCY
REDUCTIONS ON SOLAR ENERGY EQUIPMENT AND PROMOTE THE USE OF SOLAR
ENERGY IN FLORIDA.
Commissioner M icky Steinberg
Addendum added on 7-20-16
R9 - New Business and Commission Requests
RECONSIDERATION OF AGENDA ITEM R7S (LIGHT RAIL MODERN STREETCAR PROJECT)
APPROVEDAT THE JULY 13. 2016 CITY COMMISSION MEETING.
Commissioner John Elizabeth Aleman
Supplemental - updated on 7 120116
DISCUSSION ITEM ON COLLINS PARK PARKING GARAGE OPTIONS.
Office of the City Manager
DISCUSSION REGARDING FUNDING FOR THE AIR AND SEA SHOW.
Tourism, Culture, and Economic Development
Mayor Philip Levine
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.
Office of the City Clerk
Supplemental - updated on 7 I 1812016 & 7 I 1912016
DISCUSSION REGARDING PLACING A BALLOT QUESTION ON THE NOVEMBER 8, 2016
SPECIAL ELECTION, REGARDING A CHARTER AMENDMENT REQUIRING APPROVAL OF
6/7TH VOTE OF THE CITY COMMISSION BEFORE ALLOWING ANY INCREASE TO ANY
MAXIMUM ZONED BUILDING HEIGHT.
Office of the CityAttomey
Commissioner Kristen Rosen Gomalez & Co-
Sponsored by Commissioner Michael Grieco
Supplemental - Last updated on 7 11812016
DISCUSSION REGARDING THE STATUS OF THE LITTLE HAUANA ACTIVITIES AND
NUTRITION CENTER'S ELDER MEALS PROGRAM AT STELLA MARIS HOUSE.
Housing & Community Services
Commissioner John Elizabeth Aleman
Addendum added on 711812016
DISCUSSION REGARDING OCEAN DRIVE PROPOSAL SUBMITTED BY THE CLEVELANDER.
Vice Mayor Michael Grieco
,,r"r.r,o* *=oo*o,*o r*ororro rr** ro,-ro, or.r,il3lndum
added on7t1et2016
Commissioner Kristen Rosen Gotualez
R9H
Page 7 of 375
Addendum added on 7-20-2016
R9t
R1O A
A.
Addendum added on 7-20-2016
R10 - CityAttorney Reports
NOTICE OF CLOSED EXECUTIVE SESSION
PURSUANT TO SECTION 2147.605, 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, C|TY
HALL, FORA DISCUSSION RELATIVE TO COLLECTIVE BARGAINING.
Human Resources
4:30 p.m.
NOTICES
PUBLTC HEARTNG ADVERTTSEMENT(S).
Office of the City Clerk
DISCUSSION REGARDING RECONSIDEMTION OFAGENDA ITEM R7S (LIGHT RAIL MODERN
Page 8 of 375
Gommission Gommiftee Assignments - C4 D
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Commissioner Ricky Arriola
July 20,2016
MIAMI BEACH
TO:
FROM:
DATE:
SUBJECT: REFERRAL TO LAND USE AND DEVELOPMENT COMMITTEE - DISCUSSION (
REGARDING AMENDMENT TO CHAPTER 6, ENTITLED ''ALCOHOLIC
BEVERAGES,'' TO PRECLUDE ANY NEW ENTERTAINMENT ESTABLISHMENT
lN THE CITY FROM OPERATING LATER THAN 2:00 A.M.
ANALYSIS
Please place on the July 20,2016 City Commission meeting agenda an item referring the
above-titled Ordinance to the Land Use and Development Committee.
Leoislative Trackino
Planning Department
Sponsor
Commissioner Ricky Aniola
Page '12 of 362
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda ltem R9A
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO:
FROM:
DATE:
RE:
Rofoel Gronqdo, City Clerk
John Elizobeth Alemdn, Commissioner
July I gth, 2016
Streetcqr Project ltem R9A A712012016
I withdrow my motion to reconsider with respect to ihe Lighkoil/Modern Streetcor
Projecl (ltem R9A on our 07/2012016 Commission Agendo),
I hove recelved lhe oltoched letler dqled 0711?/2016 from Greoter Mioml lromllnk
Pqrlners (GMTP) lhql oddresses the concerns lhot I hod subsequenl to our July '13, 2016
Ciiy of Mloml Beoch Commission Meellng.
Let me reiterote thot I om 100% supportive of the light roil initiotive. lndeed, it wos one
of the reosons thot I ron for office: to help ensure thot the work of the Moyor ond
Commission, City Monoger ond Stoff wos oble to come to fruition to oddress our #l
quolity of life issue in Miomi Beoch, which is troffic ond congestion, through the
implementotion of vioble world-closs mqss ironsii.
The Light Roil Skeetcor project is just the first step in our long term vision. Meonlngful
regionol lroffic relief will only fully moteriolize wlth the connection over the MocArlhur
Cousewoy ond inlo Miqmi.
After our 7/13116 Commission meeting, lspoke with Miomi Moyor Regolodo ond
leorned thol Miomi could possibly reject the Memorqndum of Understonding for inltiol
funding from Miomi-Dode County, FDOT, ond the cities of Miomi ond Miomi Beoch for
the preliminory work for o roil project ocross the MqcArthur Cousewoy ("Boylink") if
(l)issues of interoperobility were not resolved ond (2) stote ond federol funding were
jeopordized. Prlorilizolion of lhe "Boylink" ls crilicol. Therefore, system interoperobillly
belween the citles of Mioml Beoch ond Miomi ls crltlcol, ond federol funding ellglblllty
is q necessory elemenl for ony provlder ullimotely selecled for lhe Boylink ond Mioml
mqlnlqnd roll portlons of lhe projeci.
lnteroperobility con toke two forms: (1) technicol compotibility wherein trock, chorging
ond other infrostructure operofe effectively between two seporofe operotors, or (2) o
sole operotor ocross the entire system. The implicotion of the former is thot there would
be Miomi Beoch looping troins on q schedule, ond seporote troins thqt would go bqck
ond forth between'the two cities on the some trocks. This would drive voriotions in troin
ssion Agendo
Page 306 of 362
Rofoel Grqnodo, City Clerk
July 1 9,2016
Poge 2
cors os well os scheduling constroints. The lotter (sole operotor) would be o truly unified
system with consistent equipment, ond here it is relevont thot only GMTP con provide o
solution over the cousewoy completely free of overheod cobles.
AII of these considerotions led me lo conclude thol it wqs necessory ol lhls time lo
obtoin commllmenls from GMTP to obloin federol fundlng eligibllity & prove
interoperobllity. lf ossuronces could not be obtoined on those 2 items, then q different
opprooch would be needed. I om sotisfied thot GMTP hos provided such qssurqnces in
their letter lo me, qnd would request thot lhe spirit of lhese considerotions corry
throughout lhe inlerim qgreemenl negotiotions.
I would odd thot federol funding eligibility hos furiher implicotions for Miomi Beoch os
well, Our obiliiy to expond the Miomi Beoch light roil system up Collins Avenue, ocross
the Julio Tuttle Cousewoy, or other such extensions will depend on our occess to
county, stote qnd federol funding dollors in the future. Becouse GMIP hos commltted to
pursuing federol funding eligibilily, the Clty of Mloml Beoch will be oble to pursue
federol dollqrs for future extensions, even though the Clty Commission delermlned lhot
ihe proposed initiol loop will not be subJect lo federol requirements.
Of course, if GMTP ond the City connot sotisfoctorily negotiote terms for on interim
ogreement, or if GMTP connot demonstrote interoperobility or federol funding eligibility
for projecl extensions during the interim ogreement period, the City should consider
toking the necessory steps to negotiote wilh the second-ronked proposer.
Finolly, I om pleosed to leorn thot os of iodoy, boih the City of Miomi ond the County
hove opproved the MOU reloted to the brooder interoperoble progrom, demonstroting
the necessory initiol support from our regionol portners for o roil connection ocross the
Mocorthur Cousewoy thot will provide o meoningful troffic solution for our City ond
Miomi-Dode County.
lf you hove ony questions pleose do not hesitote to coll our office of ext.64Z3.
Thonk you!
MIAMIBEACH
Commlsslo ner John Ellzabelh Alemdn
OFFICE OF MAYOR AND COMMISSION
I 700 Convention Center Drive, Miomi Beoch, FL 33139
Tel: 305-673-7102 / Fox: 305-673-7096 / www.miomibeochfl.gov
Page 307 of 362
tlEllI nAll/l,l0DItlll ,.[SEItIE,iR rtil0Jt cf
j,i .l: .i":' li,lti "l i3 i:i .f+. {:: .,rtiii rrnmflfrfll$1ff&fr:!.ffir$]tiif#8ffi;r'
GrIE[TEN MIAMI T]lllMLIilI( PANTil E[$
ALsrffirM *ilth A lnflgHed Jnc$Es sercg W-
July 19,20,l6
Commissioner John Elieaheth,{l,nrnan
City of Mlami Beach Commlssionsr
1700 Gonventlon Centsr Drlve, 4th Filoor
MlamlBeEch, FL 33139
Dear Commiesioner Alomanr
Tharrk you for taklng the time to meet wilh Greaier Miami Tramlink Partners {'lCIMTP') last Friday iluly 15) to
discuss lhe Mlami Beach Streetcar Project Duttng our conver$atlon, you naleed a numher of lmportant
questions rregardlng seversl key aspects of this project, including the lntorplay betwsen thu Mlami Eeeoh
$treelcar Project and ttre la,rger Eeabh Corridor Transit Conneclion Proiect that wlll connEut tho Clty of Mlarnl
Beach to the City of lvlial"nil At your request, we submit this lottsr to summarize soms nf the hey polnts
discussed during our meeting, We look iorward rto continuing our dlalogua with the Clty Commission snd
Adminlotration {n- ths months to come, and dlscusdng these polnts ln thE sonte)d of the lntetim Agresmant
andlor the Comprohnntlve Agmnment,
. Euarantssd fnnnpctlvifyt Wo undsrstand thBre ls a strong deshe for thE *lreetsar system to
cqilnect wlth tho Clty of Miami vla tho MacArthur Causeway as part of the broader Beach f;orridor
Translt Connectlon Proj*ct or Bayllnk (thB 'Piuiecf'! ln oder to achieve maxlmum ridershlp and
proulde meanlngfiul replnnrJ traffic r*lief, We alsn aoknowledge that the City of Miami Eeach le keon
on ensuring tliat the 0ity of Mtami and Miami-Dade County applovo a Msmorsndurn of
Understanding ("M0U') cohcerning [he Frcfect. lt is our understanding that tl]e Clty of Mlaml
appruvod me ItllOU during lart week's City Cornmlssion moellng and .lhe Board of County
C-orrrmlsslonars approued ths MOU durilng today's County Comrnlsslon meetlng,
r tnteroperabilityt We sra fully conrmitted 1o ensuring that riders of the Miaml Beach $treetcar enfoy
a seamless jprirney acro$s the causeirvay into the City of Mlaml, and vlce.versa. This requlles-that
our system he fullv lnterouerable wlth any lrains or teohnotogy used for futurc expanslons of tltg
proieit. Rs staffi ln our proposal and reaffirmed during oul rec€rt conversatlon, our propoted
sysiern ls fully lnteroperabie. ;it ris an "open soulce" nystem that can be used by othot tralns uslng
a'daptiue equlpment inat is auailable through third-parties, Wo I'oolt forward to provldtng edditionaN
lnformation'regardlng the mechanlcs of Alstum's lnteroperahle teohnology'that the Clty of Miarnl
BEach and lts advls'ors may raquost durlng the lnterim Agreement phaee,
ilE}lr fif,lL/r,100[nn $[nIElntfl pRIlEEl
ll,rin.#i r-.{. I I'i i; ffi (:i; }:1i
'|
j {fl il$ltfiJ.nkilil lmffiilmft[X]t$J,S&i;#
GA EAT ER ilIIIMI TNA[,l1IIII( PIRTI{ ER$
AhsrOM *#tt+ At tnftnHed rgf,ogs sercQ qffiil
r Federal Eligibility: Whlla the City ut Miarrri Bsach has declded nolto pursut foderalfunds beoause
of the len$thy and spncula(iv* application prnco$s! r,ve understand that olh$r portlons of the ProJect
may be partially funded r,rrith federal dollars, Wo aro also senslllvs to your mncern lhat the team
oelected for the lMiami Beach Slrqetcar Prdect ehould, at a minlmum, be eligihle to cornpete fot any
future federally-fundod sxpanolono of the streetcar system, lnoluding the cautoway connoation.
Ploaee accapt our assurancss that, a$ any federally,funded expansions of lhs FroJect move
forward, GMTP's rolllng stock prouider, Alstom, will lake appropriate actlons to pureue ellsibllity fut
tfieee fedarally-fundnd expansions of the Project,
n Prica Eomparlson: ttllE undgrstand thal ths Mayor and Gity Comrnission, as stewardg of the Fuhllc
trust, are adamant thst tho Eily ruust trecelue a verifiably fak price ptoposal hefore exocutlng e
Comprehonslve Agreement for the Miarni Beach Streetcar pnoJecl As dlscugeed, oun team must
inyest at least six months - and rnillions of dollars -prnparing prollrninary deslgn and conducting
due dillgenue to arrlve at a lixed price proposal. We fully expect that the Adnninistration will
uompare our price proposal to lhe oost for slmllar wlreless syslems throughout ihe world ln order to
ensurts o fair prica, ln addition, uil6 0ndourege the City of Miami Eeach lo conduct and/or ohtain a
benchmark analysls hassd on any lndustry prloe shndards that may ba availabtre,
We hopo thlE letlor provldeu the addltlonal clarifloalions you requeeted on sevoral ltoy aepects of thls impofiani
ptojed, ll you have rnore questions 0r reqfire futlher clarification, ploaso lEt us know, We fully appreciate lho
tremendous reeponslbility that comes wlth out partnershlp wlth tho City of li4laml Eeaoh and look forward to
working together to delivera world"class transit snlution to the resldenls of Miarnl Beach.
Kevin Healy . Authorked Reprosuntaltiuo of Greafar Miarni Tramllnh PailnerslnvesmqntDlrsstor \
lnfraRed CapltalPertners (US) LLC
I\/{IAMIBEACH
TO:
FROM:
DATE:
SUBJECT: DISCUSSION REGARDING PROPOSED STRAW BALLOT QUESTIONS.
ANALYSIS
Due to the fact, that the election on November 8,2016 is a Presidential Election, and that the
current ballot would include State and County ballot questions, as well as two previously
approved City questions, I would like to make a motion that no straw ballot questions be placed
on the November Election ballot.
Although the Miami-Dade County Election Department does not place a limit on municipalities
on the number of ballots it may place, I would like to remind my colleagues that the lengthy ballot
in the 2012 Presidential Election is what led to long lines. The Miami-Dade County Elections
Department has made great strides over the past few years to expedite the voting process in
this election cycle, and being mindful of this, I would ask that you consider the ballot length to
ensure that our voters have the opportunity to complete their ballot in a timely manner, whenever
possible.
Legislative Tracking
Commissioner Kristen Rosen Gonzalez
New Business and Commission Requests - R9 H
GOMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Commissioner Kristen Rosen Gonzalez
July 20, 2016
Page 360 of 375
THIS PAGE INTENTIONALLY LEFT BLANK
MIAAAI BEACH
TO:
FROM:
DATE:
SUBJECT: DISCUSSION REGARDING RECONSIDERATION OF AGENDA ITEM R7S
(LIGHT RAIL MODERN STREETCAR PROJECT) APPROVED AT THE JULY 13,
2016 CITY COMMISSION MEETING.
ANALYSIS
On July 13, 2016, the City Commission approved Agenda ltem R7S, and authorized
negotiations for an interim agreement with the top-ranked firm, Greater Miami Tramlink Partners
for a Light Rail/Modern Streetcar Project. I was not on the prevailing side, and therefore cannot
make a motion to reconsider. However, I would strongly urge one of my colleagues who
voted in favor of the Resolution to make a motion to reconsider, which I will second.
Legislative Tracking
Commissioner Kristen Rosen Gonzalez
ATTACHMENTS:
Description
o Alennn's Memo
n Emailfrom David Custin
New Business and Commission Requests'R9 I
GOMMISSION MEMOMNDUM
Honorable Mayor and Members of the City Commission
Commissioner Kristen Rosen Gonzalez
July 20, 2016
Page 361 of375
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO:
FROM:
DATE:
RE:
Rqfoel Gronodo, City Clerk
John Elizobeth Alem6n, Commissioner
July 1gth,2016
Streetcqr Project ltem R9A 07120/2016 mission Agendo
I withdrow my motion to reconsider with respect to the Lightroil/Modern Sireetcor
Project (ltem R9A on our 0712012015 Commission Agendo).
I hqve received lhe oltoched leller doted 07/1?/2016 from Greoter Mioml lrqmllnk
Porlners (GMTP) lhol qddresses lhe concerns thot I hod subsequenl to our July 13, 2016
City of Mioml Beoch Commission Meeling.
Lei me reiterofe thot I om 100% supportive of the light roil initiotive. lndeed, it wos one
of the reosons thot I ron for office: to help ensure thot the work of the Moyor ond
Commission, City Monoger ond Stoff wos oble io come to fruition to oddress our #l
quolity of life issue in Miomi Beoch, which is troffic ond congestion, through ihe
implemeniotion of viqble world-closs moss tronsii.
The Light Roil Streetcor project is just the first step in our long term vision. Meonlngful
regionol hofflc relief will only fully moterlollze wlth lhe connection over the MocArlhur
Cousewoy ond inlo Miomi.
After our 7113116 Commission meeting, I spoke with Miqmi M.oyor Regolodo ond
leorned ihot Miomi could possibly reject the Memorqndum of Understonding for initiol
funding from Miomi-Dode County, FDOT, qnd the cities of Miomi ond Miomi Beoch for
the preliminory work for: o roil project ocross the MocArthur Cousewoy ("Boylink") if
(l)issues of interoperobility were not resolved ond (2) stote ond federol funding were
jeopordized. Priorilizolion of lhe "Boyllnk" ls crlllcol. Therefore, system interoperoblllly
between the cltles of Mloml Beoch ond Mlomi is criticol, ond federol funding ellglblllty
is q necessory elemenl for ony provider ulllmotely selecled for lhe Boylink ond Miomi
molnlqnd roll portlons of lhe proiecl.
lnteroperobility con toke two forms: (1) technicol compotibility wherein trock, chorging
ond other infrostructure operote effectively between two seporote operotors, or (2) o
sole operotor ocross the entire system. The implicotlon of the former is thot there would
be Miorni Beoch looping troins on o schedule, qnd seporote troins thot would go bock
ond forth between the two cities on the some trocks. This would drive voriotions in troin
Page 362 of 375
Rofqel Grqnodo, City Clerk
July 1 9,2016
Poge 2
cors os well os scheduling constroints. The lotter (sole operotor) would be o truly unified
system with consistent equipment, ond here it is relevont thot only GMTP con provide o
solution over the cousewoy completely free of overheod cobles.
All of these considerolions led me lo conclude thot it wos necessory ol lhis time lo
obtoln commllmenls from GMTP lo obtoin federol fundlng eligibility & prove
interoperobllily. lf ossuronces could not be obtoined on those 2 items, ihen o different
opprooch would be needed. I om sotisfied thot GMTP hos provided such ossuronces in
their letler lo me, ond would request thot lhe spirit of lhese conslderotions corry
lhroughout lhe inlerim ogreemenl negotiotions.
I would odd thot federol funding eligibility hos further implicotions for Miorni Beoch os
well. Our obiliiy to expond the Miomi Beoch light roil system up Collins Avenue, ocross
the Julio Tuttle Cousewoy, or other such extensions will depend on our occess to
county, stote ond federol funding dollors in the future. Becquse GMTP hos committed to
pursuing federol tunding ellglblllty, the Clty of Mlomi Beoch will be oble lo pursue
federol dollors for future extensions, even though the City Commission delermlned thol
the proposed initiql loop wil! not be subject lo federqlrequirements.
Of course, if GMTP ond the City connot sotisfoctorily negotiote terms for on interim
ogreemenl, or if GMTP connot demonstrote interoperobility or federql funding eligibility
for project extensions during the interim ogreement period, the City should consider
toking the necessory steps to negotiote wilh the second-ronked proposer.
Finolly, I om pleosed to leorn thot os of todoy, both the City of Miomi ond the County
hove opproved the MOU reloted to the broqder inleroperoble progrom, demonstrcrting
the necessory initiol suppori from our regionol poriners for o roil connection ocross the
Mocorthur Cousewoy thot will provide o meoningful troffic solution for our City ond
Miomi-Dode County.
lf you hove ony questions pleose do noi hesitote to coll our office of ext.64Z3.
Thonk youl
MIAMIBEACH
Commlsslo ner John Ellzobeth Alemdn
OFFICE OF MAYOR AND COMMISSION
I 700 Convention Center Drive, Miomi Beoch, FL 33139
Te I : 305-573-7 1 02 I F ox: 30 5- 67 3-7 096 / www. m io m ibeochf l. g ov
Page 363 of 375
LrEHr nfrttrlll0DIIlt $r8[[IiltR pilgIE EI
}ri i *:ii I'.'J^ I .ffi :f; ,l{ {: i{
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sfiEATEn Mt*lil Infilililil[ pA8THtfi8
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Juty'19,2016
Commln sjoner iohn Elieabeth Alsrnan
Cig of Mlam1 Boach Cornmlsoioner
170n C$\rffitlon Cefier Drlve, 4th Fiorr
MlamlBssch, FL 33139
Bear Sommig*lonu Aloman:
Thank you hr tahlng fia tlme to meet wllh Breaier MiamiTramllnk Parlnera t'SIrtrIP'1 lasl Frlday (July 15)to
disouss lhe Mlaml Beach Streetcar Projeot 0mtng 0$ oonyer$f,llon, you ralsed a number-oi lmporfant
quentions regarding several key aspects of thls poioot, including the lntorplay betwssn tho Mlami'Beaoh
$keshar Ft{ec{ snd the larger Beach Corridor Transil Conneulion ProJocr thil wlll connecl tho Clty of Mkrrrl
Eea* to the City of Miami. At your mquest, rr'ru rubmlt this latter h *umrmrko eome of the key potnts
discussed durlng our meeting. We hok funuard to continulng our dlatrngua wlth tle Clty Commksion and
Admlnlstratlon 'ln flts month t0 00m$ and dlsruselng the*e polnts ln the context of the lnterim Agreoment
andlor the Comprahonnlve Agrorrnont.
r OuarantEod ErnnsctMfyi W0 under$tand thwo [s a elrong deohe for the *feetcar system b
connect wlth tho Clty sf Mieml vla ths MaqArthur Causeway as part of ths bnoader Bsach"0orridor
Tmnsll Conneotlon ,ProJmt or Bayllnk (the 'ProJecf') ln order to achisve maxlmum rldarehlp and
poulde mennlngful rogional tralfrs relisf, We slso aokror,rrledge tlst the Cg of Miaml fiearh le ksen
on ensuring lhat the 0ity of Mlnmi and Miami-Dada County 0ppr0v0 a MEmorandum sf
Understanding ("M0U') concernlng frc Profect. lt is our understanding thal the Clty of Mlaml
apprnvod tha MOU durlng lasl woskts frty Commlssion rrtaetlng and lhs Board of County
Commlsslonsre npproued tho lv!0U dudng today's County Comrnlsslan meetlng.
r lnleroF$rabflltyl ttr/e sra fully commllted to ensffiing lhat dders of the Mlamt Beach $lreetcar ugoy
a seamlsnp journey auo$il tha oans*way into lhe City rf Mlarnl, and vlce"versa. Thls requlras thal
our ayrtem bB fullv interouerahle wllh any lnains or technology used tor futum expanslons oithe
Propct. As slated in our proposal and reaffirmed during nur ,recent uonversaton, our propoood
systam ls ftllly lnteroperable. lt ls an "open sourse" try$lem lhal can ba used by othsr lrslm uslng
adapliue equipmonl that ls available thrnugh third-par$ss, IYe look forward to pnwHlng additlonal
information regardlng ths rnechanlns of Alstom's lnlerop*rebls tsahnology that the Clty of Miaml
Bsach and lls advleers may mquost durlnu ths lntorlm Agreemsnt phaee"
LtB}lr ftrtL/rd[0linll [[nlElnAtl pn[,EBI
M.[.r1i r#1l I hi hJJ"lr. il ]::i
1:r,l 6'0tt{itf;fl hhllll:Ul ft il1fti.Etltffi{}lttt$riJ
GI EAT E II MIAffi I T TIAML II'I I{ PIRTI{ ER$
Ahsr6,M fiil,I+ dt fnflgHed JAroBs $Brf,p @ffitt
r Federal Eligibllity: Whlle the Ctty of Miami Beach has doclded notto pursue foderalfunds beoause
of the lengthy and spec,ulative application pmco$s, r,tre undorstand that other portlons of the FroJect
rnay be partially funded with fedenal dollars, We are also seneltlye to your 00n0em thal the team
seleuied for the lVliarni Beach Strqetcar ProJact ehoutd, at a minlmum, be eligihle to compote for any
future federally.fundsd *xpanslons of lhe streetcar system, lncluding the cauteway sofinsctlorl.
Pleaeo accapt our as$urances that, as any federally,funded expansiona of the Projeet move
forward, GMTP's rplllng slock proulder, Alsiom, will lake appropriate actlons to puruue ellgibllity for
these fedgrally-fundnd expansions of the Project.
r Prics Gornparlson: We undgrstand that the Mayor and City Comrnission, as stewardu of the puhllc
trust, are adamant that ths ffity rnust recelue a verifiably fah price proposal helore axocutlng 6
Comprahpnslve Agreement for the Miarni Beach Btreetcar pmJect, As discuesed, outr team mu$t
inyest at lenst six rnonths - and rnillions of dollars -prnparing prellrninary desilgn and oonducilng
due diligence to ardue at u lixed price proposal, Wo fr.tlly expeot that the Admlnistration wlll
sompare our prlce proposal to tha cnst for slmllar wlteleus syslems throughnut ihe world in ordsr to
ensuro a fair prico, ln addition, r!0 tndourege the Clty of Miami Beach to conduct andior ohtain a
benchmark an'alysls hassd nn any lnduslry prloe shndards that may be available,
We hopo thls letlsr provldes ths additional plariflcalions you requeetod on sevsral ltey aspects of thls irnpodant
proJect, ll you have more questions or require further clarification, pleaso lst us knovu. We futly appreciato the
tremendous responslbillty that comes wilh our partnershfp with the City of lidlaml Beach and loott forwaH to
working togelher to deliver a world.class tranEit sollrtiour to the resldenls of Mlarnl Beach.
K+vln Healy, Aulhorked Representatiue of Gmatnr Miarni TtamUnh Partflers
lnvestrnont DlrEctor \
lnfraRed CapllalPartners (US) LLC
Granado, Rafael
From: Rosen Gonzalez, Kristen
Sent: Wednesday, luly 20,20L61:27 PM
To: Granado, Rafael
Subject: Fwd:July 20 Agenda ltem #R9A Reconsideration of Recc. Related To Proposal
Requirements Document (PRD) No. 20L6-071-KB
Please attach this email to my item.
Kristen Rosen Gonzalez
City of Miami Beach Commissioner
305-965-4725
Begin forwarded message:
From: David Custin <custindr@davidrc >
Date: July 19,201,6 at 9:54:37 AM EDT
To: " Morales, Jimmy" <JimmvMorales@miamibeachfl.eov>, "Aguila, Raul"
<RaulAeuila@miamibeachfl.sov>, "Philip Levine (City)" <PhilipLevine@mia >, "Micky
Steinberg (City)" <Mickv@miamibeach >, "Michael Grieco (City)"
<m ichaelsrieco@ mia m ibeachfl,sov>, "Joy Ma la koff (City)" <j@>,
"kristenrosengonzalez@miamibeachfl.gov" <kristenrosengonzalez@miamibeachfl,gov>, "Ricky Arriola
(City)" <rickvarriola@miamibeachfl,eov>, "John Aleman (City)" <iohnaleman@miamibeachfl.eov>
Cc: "Denis, Alex" <@>, "Granado, Rafael"
<RafaelGranado@miamibeachfl.gov>,"Paz, Rafael" <RafaelPaz@miamibeachfl.eov>, "Gloria Baez (City)"
<GloriaBaez@miamibeachfl.sov>, "Tathiane Trofino (TathianeTrofino@miamibeachfl.sov)"
<TathianeTrofino@miamibeachfl.eov>, "Danila Bonini(DanilaBonini@miamibeachfl.sov)"
<DanilaBonini@miamibeachfl.eov>, "Bonnie Stewart (BonnieStewart@miamibeachfl.gov)"
< Bo n nieStewa rt@ miam ibeachfl.gov>, " David Za ret" <@>, E rick Ch i ro les
<Erickchiroles@miamibeachfl,eov>, Cilia Maria Ruiz-Paz <cmruiz-paz@miamibeachfl.sov>, Mark
Alhadeff <mark@alhadefflaw,com>, "Gonzalez, Alfredo" <agonzalez@gib-law.com>
Subject: July 20 Agenda ltem fRgA Reconsideration of Recc. Related To Proposal Requirements
Document (PRD) No. 2016-071-KB
City Manager Morales:
Thank for your email reply below dated July 18, 2016 concerning the above referenced matter,
The attorneys for Miami Beach Mobility Partners (MBMP) have reviewed same and respectfully
disagree with your factual and legal conclusions. The City Administration already factored in a
form of price. The Evaluation Committee ranked and scored MBMP in a virrual tie with Greater
Miami Tramlink Partners (Alstom). Nevertheless, in your recommendation to the City
Commission, the Administration attempted to eliminate MBMP from the process based, in large
part, upon Connect Miami Beach's (CMB) cost proposal as follows:
"I base my recommended ranking on the fact that Connect Miami Beach stated in its
proposal, and during oral presentations, that it would fund its development costs during
the interim agreement phase at its sole risk (other than for items such as early works
construction activities, or the environmental clearance process), whereas the other teams
indicated that funding for their development activities would require further discussion
eage SO6lor azS
with the City. I believe that whichever team is selected, the City should require such
proposer to fund its development costs during the interim agreement phase."
Simply stated, the Administration cannot have it both ways. It cannot consider CMB's cost
proposal in usurping the Evaluation Committee's rankings in the Managet's Recommendation to
the City Commission (i.e. elevating CMB from third ranked proposer to number two ranked
proposer), but simultaneously take the position that the City Commission is handcuffed and must
select one of the three proposers without considering which proposff would give the City's
taxpayers the best financial value and design option.
Further, as stated in the Manager's latest recommendation, the ultimate goal of this process is to
enter into a comprehensive agreement that will determine a fixed price for the delivery of the
project. In fact, at page 976,the Manager's Recommendation states that a "key element of the
draft Interim Agreement Term Sheet" requires a Project Financial Plan which, based on
informationtobeprovidedbytheCity,focuseson@andfinancingto
advance the project." This fuither highlights why the City wisely reserved the right (as explained
below) to negotiate with more than one Proposer so as to allow for oompetition in regards to the
final price to be accepted as a part of the comprehensive agleement. D-oing otherwise. and
nesotiatinq with iust one nronoser at this stase of the process, uniustiliably limits
competition for this important comnonent of the PRI),
Critical to this analysis is a review of Sections 8 & 9 of the PRD document. The PRD document
and Florida law make clear that the City Commission does have the ability to consider proposals
thatmay..,,andse1ectfroma]ternativeooursesofactionas
permitted under the PRD.
In fact, Section 8 of the PRD document states clearly that "[t]he City Commission may also, at
its option, reject the City Manager's recommendation and select another Proposal or Proposals
which it deems to be in the best interests of the Citv, or it may also reject all Proposals."
Scction 8 further states that negotiations can move forward between the "City and the selected
Proposer(s)." Consequently, the City has the clear right and complete discretion to select more
than one Proposer for negotiations of the interim and comprehensive agreement. In fact, the City
Commission's discretion to select more than one Proposer to negotiate interim and
comprehensive agreements ensures that it is acting in the "best interests of the City." See
Berbusse v. North Broward Hospital District, 117 So. 2d 550 (Fla. 2d DCA 1960) (municipal
discretion will not be disturbed unless exercised arbitrarily and capriciously); and see Wester v.
Belote, 1 03 Fla. 97 6, 985 (Fla. 1 93 1) (cornmission may act as long as it has a "reasonable basis"
ofsupport for its action).
The "best interests of the City" can be achieved only by negotiating with the three proposers and
waiting to execute a comprehensive final agreement until the City knows the exact final price to
complete this project from the proposer providing the best total value. To the contrary, what is
not in the 'obest interests of the Cify" is to simply sive Alstom a proverbial blank check,
without price competition, and essentially selecting them as the wirming proposer before they
have committed to what the price of their Proposal will be. If the City doesn't require
competition as to price, it will assuredly result in a higher total cost for the completion of this
project.
This option is not prohibited under Florida Statute Section 287.05712 (renumbered as Fla, Stat.
287 ,065) (the "P3 Statute"). In fact, the P3 Statute specifically states that before approval the
'oresponsible public entity must determine that the proposed project is in the public's best
Page 36?ot 375
interest." See Fla. Stat. 287.0571,2(4)(d) (renumbered as Fla. Stat. 287.065). Further, the P3
Statute requires that it be "liberally construed...and construed cumulatively and supplemental to
any other authority or power vested in or exercised by the governing board of any municipality."
Fla. Stat. 287.05712(15). Thus, the requirements of the PRD, which allow for negotiation by the
City with more than one Proposer, are applicable to the City and all proposers.
Aocordingly, we will be respectfully urging the City Commission to do what is in the best
interests of the City as articulated above. Thank you for all your work on this PRD to date.
Dear Mayor Levine and Honorable City Commissioners:
I encourage you to read the emails below and the reply above regarding PRD 2016-071-KB
("PRD"). This PRD is a high profile solicitation and rnajor city taxpayer investment. It also
impacts one of the top issues that will impact your constituents' quality of life, now and in the
future - transportation, local and to the mainland.
We applaud Commissioner Aleman's moral compass, sound business judgment, good
govemment sensibility, and courage to place the above referenced item on the July 20,2016
Commission agenda for reconsideration. As it stands, the City's Administration is
recommending you improvidently go down a path that would give Alstom carte blanche to
design, build, and operate your light rail project without the ability to factor in and consider the
TOTAL FINAL COST from each of the three proposers. That this procurement process began
with an unsolicited bid from Alstom (whose team is now exclusively rankecl number one by the
City Manager), and that the Administration is recommending you exclusively negotiate with
Alstom (thereby preventing a competitive pricing competition with the other two highly qualified
proposers) prior to entering into a final comprehensive agreement, should be sufficient to cause
you alarm.
If you follow the present coursp of action and allow last week's City Commission vote to stand,
you are essentially instructing the Manager to commence exclusive nesotiations with a non-Buy
America proposer (whilh paidjhs laf,gest-ever criminal foreien briberv fine to the U.S.
Denartment of Justice ($772 million) for violations of the Foreisn Corrupt Practices Act),
and to deprive the City's taxpayers of the benefit of negotiating with MBMP and Connect Miami
Beach for a less expensive total final price for this project. In this regard, it is vital to note
MBMP is on record, multiple times, that it believes its total final price for the project will be $40
to $60 million less than the City's estimated budget.
Therefore, we suggest you have at least the following two options in order to arrive at the goal of
selecting and entering into a final agreement with ateamonly after you have received and
considered the total final price from all three proposers. Either approach is the only way you can
remove any cloud of scandal or stain from this procurement process and look your.constituents
in their eyes and honestly say, "We selected the be
the best price for th ty of Miami Beach's taxpavers."
Option A:
Instruct and authorize the City Manager to enter into negotiations for an interim agreement with
all three proposers, and continue with the procurement process until such time that the City
Administration may receive a Best and Final Offer (BAFO) that includes technical and price
considerations with which to base a final recommendation to the City Commission.
3
Page 368 of 375
Option B
Instruct the City Manager to meet with and negotiate with all tluee proposers frorn now through
September 2016. The purpose of which is to fuilher his due diligence on the proposers, and
negotiate and receive the best project design and price options for the City. Then have issued a
City Manager recommendation during the October 2016 City Commission meeting that includes
both the best total final price and the best wireless light rail design option,
In the end, we would submit to you it is in the best interests of the City of Miami Beach to follow
a transparent, prtrdent, and legal procurement process that includes a total price comparison
between all three teams before you arrive at an agreement (interim or final) with just one of
them. In good conscience, we hope you decide to do what is right for Miami Beach's taxpayers,
NOT what is right and best for A1stom's Greater Miami Tramlink Partners team.
Thank you for your time and consideration.
David R. Custin, President
David R. Custin & Associates, Ino,
Designated Profes s ional Lobbyist, FAP L Certi/i cation
C:305-607-85?6
E-mail : CustinDR@DavidRCustin.com
www.DavidRCustin.com
From: Morales, Jimmy [mailto:JimmvMorales@miamibeachfl,gov]
Sent: Monday, July 18,2016 1:48 PM
To: Aguila, Raul <RaulAeuila@miamibeachfl.sov>; David Custin <custindr@davidrcustin,com>
Cc: Rafael Granado (SilviaPrieto@miamibeachfl,eov) <SilviaPrieto@miamibeachfl.eov>; Denis, Alex
<AlexDenis@miam >; Granado, Rafae| <RafaelGranado@mia >; Paz, Rafael
<RafaelPaz@miamibe >
Subject: RE: ltem #RgA Reconsideration of Recc. Related To Proposal Requirements Document (PRD) No.
2016-071-KB
David,
The procurement documents, as ultimately revised and approved by the Commission earlier this year,
do not contemplate price. Any effort to introduce price at this point would represent changing the rules
in midstream, which we certainly cannot do without opening the city up to legal
challenge. Furthermore, as I am sure you and your client know, there can be no meaningful analysis of
price until the project is further developed, The specifications and details that would be required to
accurately price will not be available during the time period to negotiate the interim agreement. We are
where we are at this point in the process. Thanks
MIAMIBEACH
Jimmy Morales
Glty Manager
OFFICE OF THE CITY MANAGER
1700 Gonventlon Centor Drlvo, Mlaml Boach, FL 33130
Tel: 305.673.70'10 / Fax: 305473-7782 / htto://wwwmlamlbeachfl.oov
We ore commltted to provtdlng excellent publtc sewlce ond sotety to alt who tlve, wo* ond ptoy ln out vlbront, toplca!, htstortc commun$,
From: Aguila, Raul
Sent: Monday, July 18,2016 12:12 PM
Page sodot:zs
To: 'David Custin'; Morales, Jimmy
Cc: Rafael Granado (SilviaPrieto@miamib€achfl.gov); Denis, Alex; Granado, Rafael; Paz, Rafael
Subject: RE: Item #R9A Reconsideration of Recc. Related To Proposal Requirements Document (PRD)
No. 2016-071-KB
David:
I was advised by the City Administration that price/cost WILL NOT be negotiated as part of the interim
, agreement phase; that discussion will not be had until the comprehensive agreement phase. lt is noti counter to my e-mail below, however, but rather receives information received after subsequent
i analysis.
i Again, I am told that price will not be a factor for the interim agreement.
i,i rhanks,
from: David Custin [mailto:custindr@davidrcustin.com]
i Sent: Monday, July 18, 2016 11:48 AMi fo: Aguila, Raul; Morales, Jimmy
Cc: Rifael Granado (SilviaPrietobmiamibeachfl,oov); Denis, Alex; Granado, Rafael; Paz, Rafael
I Subject: Item #R9A Reconsideration of Recc. Related To Proposal Requirements Document (PRD) No.I zolo-o71-KB
:,
Raul:
. There seems to be a very wicked rumor being spread that runs counter to your email below.
II It is "alleged" that you have issued an opinion to City Commissioners that their hands are tiecl to
I recommend to the City Manager to negotiate with all three proposers and receive their price/costI proposals for this project, so that the City Manager may then submit in September or October of
this year to the City Commission a holistic and complete recommendation that includes total cost
to the City's taxpayers for this project.
i Please clarify if that rumor is incomect, or if somehow the City Commission's hands are tied on
i this matter (which would run counter to the email reply below and past City Commission leeway
, and actions on procurement items).
I Your prompt reply is greatly appreciated.
David R. Custin, President
i David R. Custin & Associates, Inc.
I Designated Professional Lobbyist, FAPL Certffication
C:305-607-8576
E-mail: CustinDR@DavidRCustin.com, www.DavidRCustin,com
From : Aguila, Ra u I [ma ilto : RaulAsu ila @ mia mi beachfl.eov]
Sent: Thursday, July 07,20L6 5:58 PM
To: David Custin <custindr@davidrc >; Morales, Jimmy <JimmvMorales@miamibeachfl.qov>
Cc: Rafael Granado (SilviaPrieto@miamibeachfl.qov)<SilviaPrieto@mia >; Denis, Alex
<AlexDenis@miamibeachfl.sov>; Granado, RafaeI<RafaelGranado@mia >; Paz, RafaeI
<RafaelPaz@m ia mibeachfl.eov>
Subject RE: ltem #R7S Resolutions Related To Proposal Requirements Document (PRD) No. 2016-071-KB
eage szt'ot ezs
David:
The below title refers to the City Manage/s recommendation to the City Commission, which is different
than the Committee's rankings.
Remember that the Evaluation Committee is advisory to the C.M. He may adopt their recommendation
or make a different one (which he has chosen to do in this instance).
Similarly, the Manager's recommendation is advisory to the City Commission; they may adopt his
recommendation ; make a different recommendation; or do nothing and reject.
The Manager's memo sets forth the basis for his recommendation.
Thanks,
Raul
From: David Custin tmaitto:custinarOOa l
Sent: Thursday, July 07,2076 5:18 PM
To: Aguila, Raul; Morales, Jimmy
Cc: Rafael Granado (SilviaPrieto@miamibeachfl.gov); Denis, AleE Granado, Rafael
Subject: Item #R7S Resolutions Related To Proposal Requirements Document (PRD) No. 2016-071-KB
Gentlemen:
Sending the email below one last time.
Please reply to confirm receipt.
Thank you.
David R. Custin, President
David R, Custin & Associates,Inc.
D e s i gnat e d P r ofe s s ional Lob byis t, FA P L C er tifi c ati o n
C:305-607-8576
E-mail: CustinDR@DavidRCustin,com
www.DavidRCustin,com
From: David Custin
Sent: Thursday, July 07, 2Ot6 5:09 PM
To: RaulAguila (RaulAeuila@miamibeachfl.eov)<RaulAeuila@miami >; Jimmy Morales
(iimmvmora les@miamibeachfl.eov) <iimmvmorales@miamibeachfl.sov>
Cc: RafaelGranado (SilviaPrieto@miamibeachfl.eov)<SilviaPrieto@miamibeachfl.eov>; Alex Denis
(AlexDenis@rniamibeachfl.eov) <AlexDenis@miamib >
Subject: ltem #R7S Resolutions Related To Proposal Requirements Document (PRD) No. 20L6-071-KB
Mr. Manager &lor Mr. City Attorney:
With regard to the above referenced item, with the full Individual Item agenda text that is
presently online and pasted below, is there a misprint written?
The Evaluation Committee had scored my client's team (Nzliami Beach Mobility Partners)
second, but in this agenda it lists a different proposer as second (Connect Miami Beach).
Page 3716of 375
Is that a typo or misprint, or was the Evaluation Committee scoring changed by the City
Manager since then?
Please clarify.
R7S Resolutions Related To Proposal Requirements Document (PRD) No. 2016-071-KB Notice
Of Unsolicited Proposal And Request For Altemative Proposals For Light Rail Modern Streetcar
Project In Miami Beach.
1. A Resolution Accepting The Recommendation Of The City Manager With Respect To The
Rarking Of Proposals, Pursuant To Proposal Requirements Document (PRD) No. 2016-071-KB,
Notice Of Receipt Of Unsolicited Proposal For Light Rail/lVtodern Streetcar Project In Miami
Beach; And AuthorizingNegotiations For An Interim Agteement With The Top-Ranked
, Proposer, Greater Miami Tramlink Partners, And Should Negotiations With The Top-Ranked
Proposer Not Be Successful, Authorizing Negotiations For An Interim Agreement With The
Second Ranked Proposer, Connect Miami Beach.
(ProcuremenVTransportation)
2. A Resolution Approving The Interim Agreement Term Sheet And Key Conoepts For A
Comprehensive Agreement For A Light Rail/Modern Streetcar Project In Miami Beach Pursuant
To Section 255.065 Of The Florida Statutes And Proposal Requirements Document (PRD) No.
2016-071-KB.
(ProcuremenUTransp ortation)
Also, Manager Morales, approximately how soon will your full recommendation memo/wite up
be posted online?
Thank you and respectfully,
David R. Custin, President
David R. Custin & Associates, fnc.
D e s i gnate d P r ofe s s io nal Lo bby is t, FA P L C er tifi c ati on
C:305-607-8576
E-mail: CustinDR@DavidRCustin. com
www.DavidRCustin.com
Page 37/oI 375