20170208 AM2MIAMI BEACH
City Gommission Meeting
ADDENDUM MATERTAL 2 (2t6t2017)
Gity Hall, Gommission Chambers, 3'd Floor, 1700 Convention Genter Drive
February 8,2017
Mayor Philip Levine
Commissioner John Elizabeth Alemdn
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Com missioner Kristen Rosen Gonzalez
Com missioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visff 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 "Lobbyists" requires the
registration of all lobbyists with the City Clerk priorto engaging in any lobbying activitywith the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Gode sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA
R7 - Resolution
R7 R A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SUPPORTING EFFORTS CHALLENGING AND OPPOSING EXECUTIVE ORDER
13,768,ISSUED BY PRESIDENT DONALD TRUMP ON JANUARY 25, 2017 , THAT DIRECTS THE
FEDERAL GOVERNMENT TO WITHHOLD FEDERAL FUNDS FROM STATE AND LOCAL
GOVERNMENTS THAT PREVENT OR HINDER THE ENFORCEMENT OF FEDERAL
IMMIGRATION LAWS; AND, FURTHER, URGING MIAMI-DADE COUNTY MAYOR CARLOS
GIMENEZ TO RESCIND HIS MEMORANDUM DATED JANUARY 26,2017, DIRECTING THE
MIAMI-DADE CORRECTIONS AND REHABILITATION DIRECTOR TO HONOR ALL IMMIGRATION
DETAINER REQUESTS FROM THE DEPARTMENT OF HOMELAND SECURITY.
Office of the City Attorney
Commissioner Kristen Rosen Gonzalez
Addendum added on 21612017
1
Addendum 2, February 8,2017
R7 S A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, RE-AFFIRMING THE CITY OF MIAMI BEACH'S FIRMLY ESTABLISHED POLICIES OF
DIVERSITY, INCLUSIVENESS, AND NON-DISCRIMINATION, AND SUPPORTING
COLLABORATION AMONG ITS MUNICIPAL, COUNTY, STATE, AND FEDERAL PARTNERS TO
ENSURE THAT POLICIES INSTITUTED RESPECT THE DIVERSITY OF OUR COMMUNITIES.
Office of the City Attorney
Mayor Philip Levine
Addendum added on 21612017
R9 - New Business and Commission Requests
R9 R DISCUSS WAIVING THE PERMIT FEES FOR THE GROUNDUP MUSIC FESTIVAL, IN THE
AMOUNT OF $13,480.
Commissioner Ricky Arriola
Addendum added on 21612017
R9 S REQUEST FOR A REPORT ON THE COST OF DEFENDING THE MINIMUM WAGE LAWSUIT
AGAINST THE STATE OF FLORIDA AND THE FLORIDA RETAIL ASSOCIATION.
Commissioner Kristen Rosen Gonzalez
Addendum added on 21612017
2
Resolutions - R7 R
COM]vIISS ION ME IrcRAN D U M
Honorable Mayor and Members of the City Commission
Raul J. Aguila, CityAttorney
February 8,2017
AAIAAAI BEACH
TO:
FROM:
DATE:
SUBJECT: A RESOLUTION OF THE MIAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SUPPORTING EFFORTS CHALLENGING AND
OPPOSING EXECUTIVE ORDER 13,768, ISSUED BY PRESIDENT DOMLD
TRUMP ON JANUARY 25, 2017, THAT DIRECTS THE FEDERAL GOVERNMENT
TO WITHHOLD FEDERAL FUNDS FROM STATE AND LOCAL GOVERNMENTS
THAT PREVENT OR HINDER THE ENFORCEMENT OF FEDERAL
IMMIGRATION LAWS;AND, FURTHER, URGING MIAMI.DADE COUNTY MAYOR
CARLOS GIMENEZ TO RESCIND HIS MEMORANDUM DATED JANUARY 26,
2017, DIRECTING THE MIAMI.DADE CORRECTIONS AND REHABIL]TATION
DIRECTOR TO HONOR ALL IMMIGRATION DETAINER REQUESTS FROM THE
DEPARTMENT OF HOMELAND SECURITY.
REGOMMENDAIION
Pursuant to the request of Commissioner Kristen Rosen Gonzalez, the above-referenced Resolution
is submitted for consideration by the Mayor and City Commission at the February 8, 2A17
Commission meeting.
Legislative Tracking
Office of the CityAttomey
Sponsor
Commissioner Kristen Rosen Gonzalez
AfiACHMENTS:
Description
u Resolution
Page 789 ol 914
3
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SUPPORTING EFFORTS
CHALLENGING AND OPPOSING EXECUTIVE ORDER 13,768,
ISSUED BY PRESIDENT DONALD TRUMP ON JANUARY 25, 2017,
THAT DIRECTS THE FEDERAL GOVERNMENT TO WITHHOLD
FEDERAL FUNDS FROM STATE AND LOCAL GOVERNMENTS
THAT PREVENT OR HINDER THE ENFORCEMENT OF FEDERAL
IMMIGRATION LAWS; AND, FURTHER, URGING MIAMI.DADE
COUNTY MAYOR CARLOS GIMENEZ TO RESCIND HIS
MEMORANDUM DATED JANUARY 26, 2017, DIRECTING THE
MIAMI.DADE CORRECTIONS AND REHABILITATION DIRECTOR
TO HONOR ALL IMMIGRATION DETAINER REQUESTS FROM THE
DEPARTMENT OF HOMELAND SECURITY.
WHEREAS, on January 25,2A17, President Donald Trump issued Executive
Order No. 13,768 entitled "Enhancing Public Safety in the Interiorof the United States"
that declared the Executive Branch's policy is to withhold federalfunds from "sanctuary
jurisdictions" that prevent or hinder the enforcement of federal immigration law; and
WHEREAS, in response to Executive Order 13,768, mayors in major cities
across America, such as Chicago, New York, and San Francisco, have expressed
opposition to the Executive Order and, in fact, San Francisco has filed a Complaint for
Declaratory and lnjunctive Relief in the United States District for the North District of
California challenging the constitutionatity of the Executive Order; and
WHEREAS, in solidarity with other local governments across this nation, and the
lnternational Association of Chiefs of Police, the City Commission of the City of Miami
Beach, hereby supports those efforts that challenge and oppose Executive Order
13,768; and
WHEREAS, contrary to the actions of mayors across the nation that oppose
President Trump's Executive Order, Miami-Dade County Mayor Carlos Gimenez issued
a Memorandum on January 26,2017 directing the Miami-Dade County Corrections and
Rehabilitations Department Director "to honor all immigration detainer requests received
from the Department of Homeland Security"; and
)r
WHEREAS, on January 27,2A17, following the issuance of his Memorandum,
Mayor Gimenez issued a Statement that Miami-Dade County "has never been a
sanctuary comm unih/'; and
WHEREAS, the Memorandum and Statement issued by Mayor Gimenez
contradict Resolution No. R-1008-13, adopted by the Miami-Dade County Board of
County Commissioners on December 3, 2013, directing that the County Mayor, or his
designee, implement a policy whereby the County's Corrections and Rehabilitation
Page 790 of 914
4
q
Department may, in its discretion, honor federal immigration detainer requests only if
the federal government agrees to reimburse the County for its costs relating to
compliance, and only when the inmate has a prior conviction for a forcible felony or a
pending charge for a non-bondable offense; and
WHEREAS, on January 1, 2014, Miami-Dade County began honoring federal
immigration detainer requests only when the above conditions were met; and
WHEREAS, Mayor Gimenezs recently issued Memorandum and Statement are
also inconsistent with Resolution No. R-77-16, adopted by the Miami-Dade County
Board of County Commissioners on January 20,2A16, which opposed legislation set
forth in SB 872 and HB 675 filed in the 2016 Florida Legislative Session that would have
preempted local policies regarding immigration detainer requests; and
WHEREAS, the Memorandum and Statement issued by Mayor Gimenez militate
against the perception that Miami-Dade County is a welcoming community and have
engendered fear among members of the County's significant and diverse immigrant
population; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach support
the policy setforth in Miami-Dade County Resolution No. R-'1008-13, and urge Mayor
Gimenez to rescind his Memorandum dated January 26,2017, which effectively nullifies
Miami-Dade County's policy since December 2013 and Miami-Dade County's practice
with regard to federal immigration detainer requests since January 1 ,2A14.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
GOMMISSION OF THE CIry OF MIAMI BEAGH, FLORIDA, that the Mayor and City
Commission hereby support those efforts that chaltenge and oppose Executive Order
13,768, issued by President Donald Trump on January 25,2A17; and, further urge
Miami-Dade County Mayor Carlos Gimenez to rescind his Memorandum to the Director
of the Miami-Dade County Conections and Rehabilitation Department dated January
26,2A17.
PASSED AND ADOPTED this _ day of February, 2017.
I\TTEST:Philip Levine, Mayor
Rafael E. Granado, City Clerk
ft\ATToITURNIRESoS\ county lmmlgration Poilcy 20 1 7.doc
APPROVED AS TO
FORM & LANGUAGE
r-r & FORIXEQUTION
dJ*Q"/- z'Q-17
Page 791 of914
.trT*, E(Dote
5
THIS PAGE INTENTIONALLY LEFT BLANK
6
Resolutions - R7 S
MIAMI BEACH
COMMISSION ME tt,PRAN D U M
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, Citylftorney
DATE: February 8,2017
SUBJECT: A RESOLUTION OF THE I\IIAYOR AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, RE.AFFIRMING THE CITY OF MIAMI BEACH'S
FIRMLY ESTABLISHED POLICIES OF DIVERSIry, INCLUSIVENESS, AND NON.
DISCRIMINATION, AND SUPPORTING COLLABORATION AMONG lTS
MUNICIPAL, COUNTY STATE, AND FEDERAL PARTNERS TO ENSURE THAT
POLICIES INSTITUTED RESPECT THE DIVERSITY OF OUR COMMUNITIES.
RECOMMENDATION
Pursuant to the request of Mayor Philip Levine, the above-referenced Resolution is submitted for
consideration by the City Commission at the February 8,2017 Commission neeting.
Legislative Tracking
Office of the CityAttomey
Soonsor
It/ayor Philip Levine
ATTACHMENTS:
Description
o Resolution
Page792 of 914
7
tf.-..,)\r.ir:, 1:E
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RE.AFFIRMING THE CITY OF
MIAMI BEACH'S FIRMLY ESTABLISHED POLICIES OF DIVERSITY,
INCLUSIVENESS, AND NON-DISCRIMINATION, .AND SUPPORTING
COLLABORATION AMONG ITS MUNICIPAL, COUNTY, STATE, AND
FEDERAL PARTNERS TO ENSURE THAT POLICIES INSTITUTED
RESPECT THE DIVERSITY OF OUR COMMUNITIES.
WHEREAS, ihe City of Miami Beach celebrates its ethnic diversity and its
multicultural community; and
WHEREAS, the City of Miami Beach supports the values and principles of our
American democracy as set forth in the United States Constitution and The Bill of
Rights; and
WHEREAS, the City of Miami Beach has a long history of anti-discrimination
legislation, and is committed to supporting inclusiveness in its laws and policies; and
WHEREAS, as stated in Section 62-33 of the City of Miami Beach Human Rights
Ordinance, the City finds and declares that prejudice, intolerance, bigotry and
discrimination, and the disorder occasioned thereby, threaten the rights and proper
privileges of its inhabitants and menace the very institutions, foundations, and bedrock of
a free, democratic society; and
WHEREAS, on January 25,2017, President Trump issued Executive Order 13,768
directing that the Federal Government withhold federal funds from "sanctuary"
jurisdictions that willfully refuse to comply with the enforcement of federal immigration
Iaws; and
WHEREAS, the Miami Beach Potice Department utilizes the best practices of
community policing and relies on all members of the comrnunity it serves-visitors and
residents alike-to continuously build trust and to partner in solving crimes, thereby
improving quality of life, and maintaining a safe City; and
WHEREAS, any policy or practice that makes any person fearful of contact with the
Miami Beach Police Departrnent is inconsistent with the Department's vision and the City's
interest to ensure witnesses and victims of criminal conduct fully cooperate with the police
so that criminals can be arrested and successfully prosecuted and that justice is
administered and served in the City; and
WHEREA$, the Miami Beach Potice Department is determined to provide quality
police services to all residents and visitors, regardless of their immigration status with the
United States of America; and
Page 793 ot 914
8
WHEREAS, the Miami Beach Police Department maintains an excellent working
relationship with its federal law enforcement counterparts and, through this collegial
relationship, works cooperatively to investigate crime, track down fugitives, and prevent
terrorism; and
WHEREAS, it must be acknowledged, hovrrever, that the Miami Beach Police
Department merely transports those individuals taken into custody to the Corrections and
Rehabilitaiion Department of Miami-Dade County, and the City of Miami Beach neither
controls nor maintains any detention facilities for holding those persons which may have an
immigration detainer; and
WHERE,AS, furthermore, the International Association of Chiefs of Police strongly
opposes any initiative that mandates that state and local law enforcement agencies play a
role in the enforcement of federal immigration law; and
WHEREAS, on January 26,2A17, Miami-Dade County Mayor Carlos Gimenez
issued a Memorandum directing the Miami-Dade Corrections and Rehabilitation Director to
honor all immigration detainer requests received from the Department of Homeland
Security; and, in a Statement issued on January 27,2017, Mayor Gimenez re-affirmed that
Miami-Dade County has never been a sanctuary community; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach encourage
Miami-Dade County to seek input from community stakeholders, and County residents with
regard to the adverse implications, and possible unintended consequences, that the
Mayor's January 26,2017 Memorandurn could have in Miami-Dade County-particularly
with regard to the fostering of a negative perception arnong the County's diverse residents
and visitors.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby re-affirm the City of Miami Beach's firmly established policies of
diversity, inclusiveness, and non-discrimination, and seek to foster collaboration among
its municipal, county, state, and federal partners to ensure that policies instituted respect
the diversity of our communities.
PASSED AND ADOPTED this _---day of February,2017.
ATTEST:Philip Levine, Mayor
Rafael E. Granado, City Clerk
F:IATTO\TURNIRESOS\ Reso Re-aftrmlng Diversity and Nondiscrimlnatlon 2017.doc
APPROVED ASTO
FORM & LANGUAGE
& FOR EXECIJTION
fl<- 0" L )-L't?
Page794 ot 914
citvfttonev
*
9
THIS PAGE INTENTIONALLY LEFT BLANK
10
New Business and Gommission Reouests - R9 R
MIAMI BEACH
GOMMISS ION ME]'JPRAN D U M
TO: Honorable Mayor and Members of the City Commission
FROM: CommissionerRickyAniola
DATE: February 8,2017
SUBJECT: DISCUSS WAIVING THE PERMIT FEES FOR THE GROUNDUP MUSIC
FESTIVAL, IN THE AMOUNT OF $13,480.
ANALYSIS
Please place this as a discussion item on the February 8,2018 City Commission agenda.
Legislative Tracking
Commissioner Ricky Aniola
AfiACHMENTS:
Description
o Line-Up
o Press Release
Page 883 o1914
11
,tl|,- \
GROUND
UP
I . t:::t uuut: uuuuuuuui t:t:*$ffisr HH{}UHCESa T$rffi p $IACE
12
Snarky Puppy Cap Triumphant Year With Third GRAMMY Nomination,
Announce Esperanza Spalding as "Artist At Large" At Their GroundUP Music Festival ln
Miami Beach, FL February L0-t22OL7
Esperonza Spalding loins Festivol Line-Up That lncludes Snorky Puppy, David Crosby,
Loura Mvulo, Chris Thile (Punch Brothers founder), lohn Medeski, Charlie Hunter,
Shelly Berg, Terence Blanchard, Pedrito Martinez,lacob Collier ond mqny others
December 7, 2Ot6 - Two-time GRAMMY Award winner Snarky Puppy - the
"barnstorming, groove-centric instrumental act with a rabid fan base" (New York Times)
- yesterday received their third GRAMMY nomination for their "big, rich and funky"
(NPR Music) album Culcho Vulclto (GroundUP Music/Verve Label Group) in the "Best
Contemporary lnstrumental Album" category. Also, as host of the first annual GroundUP
Music Festival in Miami Beach, FL on February 70-72,2017,Lhe band is excited to
announce the addition of four-time GRAMMY Award-winner Esperanza Spalding to the
incredible line-up. GroundUP Music's Executive Director Paul Lehr is thrilled to
announce Spalding will be "artist-at-large" for all 3 days at the festival, "with some
exciting surprises in store for the audience and some unique collaborations and
opportunities that should have people talking for a long time to come." The festival will
feature a set from Snarky Puppy each day along with performances from an eclectic list
of international superstars including two-time Rock & Roll Hall of Fame lnductee David
Crosby, the new A Prairie Home Componion host and founder of the Punch Brothers,
Chris Thile, mind-boggling guitar legend Charlie Hunter, Quincy Jones' London-based
phenom and multi-instrumentalist Jacob Collier (also just nominated for two Grammys),
and the most celebrated Cuban conguero, P6drito Martinez, along with dozens of other
remarkable artists.
The North Beach Bandshell's Amphitheater and sprawling adjacent Palm Grove Park and
beachfront complex will host the festival during the day with top local chefs serving
inspired food and libations in the park. Partner hotel, the Deauville Beach Resort - site
of the Beatles' first U.S. appearance after the Ed Sullivan Show - will serve as the venue
for late night concerts on two stages featuring new artists and surprises, with the
fantastic support of the Miami Beach Visitor and Convention Authority.
Since its inception 13 years ago, Snarky Puppy's grass-roots approach to the changing
music industry has met major critical and commercial success. The band's approach will
be no different as they debut their inaugural festival. The GroundUP Music Festival will
focus on creating the ideal environment for both listeners and performers. This will be
achieved by a limited capacity of 1,500 at the festival each day, a series of special events
led by the performers themselves to break down the barriers between audience and
artists (ranging from film screenings and music business panels to scavenger hunts), a
central hub for artists and attendees at The Deauville, and an integrated and informal
environment which will allow attendees to interact with the artists.
Page 885 of 914
13
Read the New York Times feature on the band from earlier this year here.
Watch a NPR Music documentary on the band here.
As "the most popular jazz band on the planet" (Downbeat), Snarky Puppy had a long list
of options for festival locations. They ultimately chose Miami for the ease
of international travel, climate, global feel of the city, and richness in musical culture,
with the goal of creating a lasting impact on the community. A global phenomenon,
Snarky Puppy's world tour took them to 22 countries and 5 continents in in 20L6,
and they will bring that international flavor to Miami with the GroundUP Music
Festival.
Reserve a space here: ground u pm usicfestiva l.com
Confirmed GroundUP Music Festival Performers lnclude:
Snarky Puppy, Esperanza Spalding, David Crosby, Terence Blanchard, Laura Mvula, Chris
Thiele & Michael Daves, Jacob Collier, Charlie Hunter feat. Jeff Coffin, John Medeski's
Mad Skillet, Carlos Malta & Pife Muderno, Bill Laurance, Maz, Shelly Berg, Lee Boys feat.
Roosevelt Collier, Pedrito Martinez Group, Banda Magda, Lucy Woodward, House of
Waters, Michelle Willis, FORQ, Funky Knuckles, Bokant6
ABOUT SNARKY PUPPY
Formed in 2013 by bandleader/bassist/composer Michael League, Snarky Puppy is a
"D.l.Y. juggernaut" (New York Times) that has won two GRAMMY awards in the last
three years. Through it all, the band has kept a rigorous touring schedule of 100-200
shows per year. They are a collective of sorts, with as many as 25 members in regular
rotation. Each maintains busy schedules as sidemen (with such artists as Erykah Badu,
Snoop Dogg, Kendrick Lamar, and D'Angelo), producers (for Kirk Franklin, and David
Crosby), and solo artists (many of whom are on the band's independent label,
GroundUP Music). At its core, the band represents the convergence of both black and
white American music culture with various accents from around the world. Japan,
Argentina, Canada, the United Kingdom, and Puerto Rico all have representation in the
group's membership. But more than the cultural diversity of the individual players, the
defining characteristic of Snarky Puppy's music is the joy of performing together in the
perpetual push to grow creatively.
ABOUT GROUNDUP MUSIC
GroundUP Music was created to serve as an artistic oasis in the ever-changing world of
independent music. The company was founded in 2010 by Michael League as a new
Page 886 of914
14
home for his band Snarky Puppy and other independent artist he respected. GroundUP
Music artists include David Crosby, Charlie Hunter, Michelle Willis, The Funky Knuckles,
FORQ, Bill Laurance, and House of Waters, to name a few. As of 2017, GroundUP has
continued to adjust to changing times by expanding beyond the traditional role of a
record label. lt is gradually changing into an artist services company with the aim of
guiding like-minded musicians through the label's tributaries, including a worldwide
distribution dealthrough Verve/Universal Music, a publishing company run through
Kobalt Music, an education foundation poised to redefine "music school" and the
company's debut music festival.
###
For more information on Snarky Puppy or GroundUP Music please contact Rob Krauser
at REK Room Media, rob(orekroommedia.com or 917.703.8361, or Olga Makrias at
Verve La bel G rou p, 212.333.1485 or olga. ma krias@u music.com.
For more information on GroundUP Music Festival, please contact Rob Krauser at REK
Room Media, rob@rekroommedia.com or 9L7.703.8361 or Karla Arguello at Rhythm
Fou ndation, ka rla @ rhvth mfou n dation.com or 305-67 2-5202.
http ://sna rkvpu ppv.com /
https ://www.face book.co m/sn a rkvpu o pv
https ://twitter.co m/rea lsn a rkvpu ppv
https://www. i nstaqra m.com/sn a rkvpu ppv/
http :l/srou nd u p m usic. net/
http:/lrekroommedia.com/snarkvpu opv
grou nd u pm usicfestiva Lcom
Page 887 of 914
15
THIS PAGE INTENTIONALLY LEFT BLANK
16
MIAMI BEACH
TO:
FROM:
DATE:
SUBJECT: REQUEST FOR A REPORT ON THE COST OF DEFENDING THE MINIMUM
WAGE LAWSUIT AGAINST THE STATE OF FLORIDA AND THE FLORIDA
RETAIL ASSOCIATION-
ANALYSIS
At the February 8,2016 Commission Meeting, I request for the City Commission to receive a
report on the cost of defending the minimum wage larasuit against the State of Florida and the
Florida Retail Association.
Leoislative Trackino
Commissioner Kristen Rosen Gonzalez
New Business and Commission Requests - R9 S
COMMISSION MEilORANDUM
Honorable Mayor and Members of the City Commission
Commissioner Kristen Rosen Gonzalez
February 8,2017
Page 888 of 914
17
THIS PAGE INTENTIONALLY LEFT BLANK
18