20171018 AM2MIAMIBEACH
Gity Commission Meeting
ADDENDUM MATERIAL 2
Gity Hall, Commission Chambers, 3'd Floor, 1700 Convention Center Drive
October 18,2017
Mayor Philip Levine
Commissioner John Elizabeth Alemdn
Commissioner Ricky Arriola
Commissioner Michael Grieco
Comm issioner Joy Malakoff
Comm issioner Kristen Rosen Gonzalez
Comm issioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrsrt 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 Gode 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 Gommittee, or any personnel as defined in the subject Gode
sections. Copies of the City Code 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 Gity
Attorney.
ADDENDUM AGENDA
C4 - Gommission Committee Assiqnments
C4 Q REFERRAL TO THE PLANNING BOARD - PROPOSED CODE AMENDMENT REGARDING
PARKING FOR HOTEL UNITS IN ARCHITECTURAL DISTRICT.
Planning
Commissioners John Elizabeth Aleman and Joy Malakoff
Addendum added on 10/1 612017
C4 R REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND THE
NEIGHBORHOOD/COMMUNITYAFFAIRS COMMITTEE OF A DISCUSSION ON WHETHER THE
CITY SHOULD TAX SUGARY DRINKS.
Commissioner Kristen Rosen Gonzalez
Addendum added on 10/1 612017
1
Addendum 2, October 18,2017 Commission Meeting
C7 - Resolutions
C7 AF A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SUPPORTING THE SOUTH FLORIDA COLLEGE FOOTBALL CHAMPIONSHIP GAME
TASK FORCE ("TASK FORCE"), tN CONNECTTON WITH THE TASK FORCE',S BID TO SECURE
THE COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP GAME, TO BE HELD IN
SOUTH FLORIDA IN JANUARY OF 2021,2023,OR2024, BYAUTHORIZING THE FOLLOWING IN
CONNECTION WITH ANY AWARDED COLLEGE FOOTBALL PLAYOFF NATIONAL
CHAMPIONSHIP GAME: A) THE WAIVER OF RENTAL FEES FOR THE MIAMI BEACH
CONVENTION CENTER, lN AN AMOUNT NOT TO EXCEED $857,540.80; B) THE WAIVER OF
SPECIAL EVENT PERMIT FEES, INCLUDING APPLICATION FEE, PERMIT FEE, VEHICLE
ACCESS PASS FEE, SQUARE FOOTAGE FEE, USER FEE, AND POLICE AND FIRE
ADMINISTRATIVE FEES, lN AN AMOUNT NOT TO EXCEED $150,000.00; C)ALL DEFINED FEE
WAIVER AMOUNTS TO BE DETERMINED AND RETURNED TO THE CITY COMMISSION FOR
APPROVAL; D) A SPONSORSHIP AGREEMENT BETWEEN THE TASK FORCE AND THE CITY
OF MIAMI BEACH IN A FORM ACCEPTABLE TO THE CITY MANAGER AND CITY ATTORNEY;
AND, E) ALL SPONSORSHIPS AND WAIVED FEES SHALL BE SUBJECT TO APPROVAL AND
APPROPRIATION VIA THE CITY'S FISCAL YEAR 201712018 BUDGET PROCESS.
Tourism, Culture, and Economic Development
Addendum added on 10/1 612017
C7 AG A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS
CoMMITTEE AND (1) APPROVING THE ATTACHED NON-B|NDING QUESTTONNATRE
REGARDING THE POTENTIAL CREATION OF SPECIAL ASSESSMENT DISTRICTS TO FUND
THE UNDERGROUNDING OF UTILITIES ALONG ALTON ROAD BETWEEN MICHIGAN AVENUE
AND 41ST STREET; ALTON ROAD BETWEEN 41ST STREET AND 63RD STREET; AND NORTH
BAY ROAD BETWEEN 44TH STREET AND 64TH STREET/PINE TREE DRIVE CIRCLE;AND (2)
APPROPRIATING ALL NECESSARY FUNDS TO MAIL THE QUESTIONNAIRE TO RESIDENTS
AND BUSINESS OWNERS IN THE SUBJECT NEIGHBORHOODS, AND TO TABULATE THE
RESULTS.
Office of the City Attorney
Addendum added on 10/1 612017
2
Addendum 2, October 18,2017 Commission Meeting
R10 - Citv Attornev Reports
R10 C PURSUANT TO 5286.01 1 , FLORTDA STATUTES, THE C|TY ATTORNEY HEREBYADVISES THE
MAYOR AND CITY COMMISSION THAT HE DESIRES ADVICE CONCERNING THE FOLLOWING
PENDING LITIGATION MATTERS:
NORMANDY LIVING. LLC V. CITY OF MIAMI BEACH, ET AL.
CASE NO. 17-2060-CA-10
CIRCUIT COURT, 11TH JUDICIAL CIRCUIT
NORMANDY LIVING. LLC V. CITY OF MIAMI BEACH. ET AL.
sEcTtoN 504 CASE NO.04-17-7816-4
ADA CASE NO. O4-17-7816-D
SECT|ON 109 CASE NO.04-17-7816-9
THEREFORE, A PRIVATE CLOSED ATTORNEY-CLIENT SESSION WILL BE HELD DURING THE
LUNCH RECESS OF THE CITY COMMISSION MEETING ON OCTOBER 18, 2017,IN THE CITY
MANAGER'S LARGE CONFERENCE ROOM, FOURTH FLOOR, CITY HALL TO DISCUSS
SETTLEMENT NEGOTIATIONS AND/OR STRATEGY RELATED TO LITIGATION EXPENDITURES
WITH REGARD TO THE ABOVE-REFERENCED LITIGATION MATTER.
THE FOLLOWING INDIVIDUALS WILL BE IN ATTENDANCE:MAYOR PHILIP LEVINE;MEMBERS
OF THE CITY COMMISSION MICKY STEINBERG, JOY MALAKOFF, MICHAEL GRIECO, RICKY
ARRIOLA, KRISTEN ROSEN-GONZALEZ, AND JOHN ELIZABETH ALEMAN; JIMMY L. MORALES,
CITY MANAGER; RAUL J. AGUILA, CITY ATTORNEY; EVE A. BOUTSIS, CHIEF DEPUTY CITY
ATTORNEY; MARGARET MEVERS, ESQ.; AND STEPHEN HUNTER JOHNSON, ESQ.
Office of the City Attorney
Addendum added on 10/1 612017
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Commission Committee Assionments - C4 Q
COMMISSION MEMORANDUM
Honorable Mayor ard Members of the City Commission
Jimmy L. Morales, City Manager
October 18,2017
MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT: REFERRAL TO THE PLANNING BOARD - PROPOSED CODE AMENDMENT REGARDING
PARKING FOR HOTEL UNITS IN ARCHITECTURAL DISTRICT.
RECOMMENDATION
Refer the proposed Ordinance Arnendrnent to the Planning Board for consideration and reconrnendation.
ANALYSIS
HISTORY
On Septenber 25, 2017 , at the request of Conmissioner Joy Malakoff, the subject ordinance was referred to the Land Use and
Developnent Cornnfttee for consideration and reconrnendation (ltem C4M).
On October 11,2017, the Land Use Gonrnittee discussed the proposed Ordinance, as well as a companion Ordinance refened
by the City Commission on September 25,2017 (ltem C4X, sponsored by Commissioner Malkoff). The Land Use Committee
recomrnended that the 2 Ordinances be combined into a single Ordinance and that the City Conmission refer the item to the
Planning Board. Commissioner John Elizabeth Alenran is the co-sponsor of the proposed Ordinance.
PLANNING ANALYSIS
The attached draft ordinance, which was prepared by the representative of affected property owners in the RM-3 district. The
proposed legislation would rnodify Sec. 130-32 of the City Code, pertaining to Off-street parking requirenents for oceanfront lots
zoned RM-3 in the architectural district. Specifically, for properties located between 1Sth Street and 23rd Street on the east side
of Collins Avenue, which contains a contributing structure and where the prinary use is a hotel, the following revised parking
requirernents would apply to new mnstruction:
. Hotel Units: No parking requirenent for new construction containing hotel units where the total number of hotel units is not
increased from the eisting license.
. Retail, Meeting roolrs or other places of assembly: No parking requirernent for individual acressory use establishnents of
5,000 square feet or less. For individual accessory use establishments over 5,000 square feet, there shall be one space for
every 300 square feet of floor area. Acovenant running with the land, approved by the City Attorney, shall be recorded to ensure
that individual accessory use establishnents will not be reconligured internally in a way that would increase the minirrum parking
requirernent without conditional use approval and paynent of a one-tinre parking impact fee for each required parking space.
Notwithstanding the above, when the total aggregate square footage of the above-rnentioned accessory uses in this subsection
(2) exceeds 10% ofthe gross floor area on the property, then parking shall be required for all ofthe uses.
. Restaurant, dining area, lounge, outdoor cafe or bar: No parking requirenent for individual accessory establishrnents of 5,000
square feet per hotel. For individual ac@ssory establishrnents over 5,000 square feet there shall be one space per four seats or
one space per 60 square feet of space not used for seating. A covenant running with the land, approved by the City Attorney,
shall be recorded to ensure that individual accessory establishnrents will not be reconfigured internally in a way that would
increase the mininum parking requirernent without conditional use approval and paynent of a one{inre parking inpact fee for
each required parking space. Notwithstanding the above, when the total aggregate square footage of the above-rnentioned
accessory uses in this subsection (2) exceeds 20o/o of the gross floor area on the property, then parking shall be required for all
of the uses.
. Gymnasiuns, Spas or Saunas: No parking requirenent for accessory gynnsiuns, spas or saunas.
CONCLUSION
Pursuant to the reconnrendation of the Land Use and Developnrent Conmittee, the Administration reconrnands that the Mayor
and the Citv Conmission refer the attached draft ordinance to the Plannino Board.
5
Legislativelfracking
Planning
Sponsor
Commissioners John Elizabeh Aleman and Joy Malakoff
ATTACHMENTS:
Description
o Draft Ordinance
6
RM.3 HOTELS - ARCHITECTURAL DISTRICT PARKING
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130..OFF.STREET PARKING," ARTICLE II, "DISTRICTS;
REQUIREMENTS," BY AMENDING THE OFF.STREET PARKING
REQUIREMENTS FOR OGEANFRONT HOTELS ZONED RM.3 IN THE
ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, cunent paking requirements for hotels, and for convention hotels contiain a
requirement for parking spaces based upon the number of rooms within the hotel and
additional parking requirements for accessory uses within hotels; and
WHEREAS, changes in pattems and norms regarding the use of automobiles in
urban areas such as Miami Beach, has changed the need for excessive parking in hotels;
and
WHEREAS, existing parking requirements for hotels have not kept up with these
aforementioned changes in automobile usage; and
WHEREAS, the proposed changes are ne@ssary in orderto promote god hotel
development and the preservation of certain contributing hotels in the Architectural
District.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
Section 1. That Section 130-32, "Off Street parking requirements for Parking District No. 1 ,"
is hereby amended as follows:
Section 130-32 - Off-street parking requirements for parking district no. 1
or oceanfront lots zoned RM-3 in the architectural d
followinq should apolv to new construction:
(1) Hofel Unifs. There shall be no oarkino reouirement for new construction
containinq hotel units where the total number of hotel units is not increased from
the existino license.
7
(2) Refail. Meefino rooms or ofher places of assemb/y. There shall be no oarkinq
requirement for individual accessorv use establishments of 5,000 square feet or
less. For individual accessorv use establishments over 5.000 souare feet. there
shall be one space for everv 300 square feet of floor area. A covenant runninq
with the land, approved bv the Citv Attornev, shall be recorded to ensure that
individual accessorv use establishments will not be reconfiqured internallv in a
wav that would increase the minimum parkinq reouirement without conditional
use approval and pavment of a onetime parking impact fee for each required
parkinq space. Notwithstandinq the above, when the total aqqreqate square
footage of the above-mentioned accessorv uses in this subsection (2) exceeds
10% of the qrossfloorarea on the propertv. then parkino shall be reouired forall
of the uses,
(3) Restaurant. dininq area, lounoe. outdoor cafe or bar: There shall be no aarking
reouirement for individual accessorv establishments of 5.000 square feet per
hotel. For individual accessorv establishments over 5,000 souare feet there
shall be one space per four seats or one space per 60 square feet of space not
used for seatinq. A covenant runnino with the land. approved bv the Citv
Attornev, shall be recorded to ensure that individual accessorv establishments
will not be reconfiqured internallv in a wav that would increase the minimum
parkinq requirement without conditional use approval and pavment of a onetime
oarkinq impact fee for each required parkinq space. Notwithstandinq the above.
when the total aqqreqate square footaoe of the above-mentioned accessorv
uses in this subsection (2) exceeds 20% of the qross floor area on the propertv.
then parkinq shall be required for all of the uses.
(4) Gvmnasiums. Soas or Saunas: There shall be no parkinq requirement for
accessorv qvmasiums. spas or saunas.
SECTION 2. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. Codification.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida, as amended. The sections of this ordinance may
be renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section" or other appropriate word.
SECTION 4. Severability.
8
lf any section, sentence, clause or phrase of this ordinance 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 this ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the _ day of ,2018.
PASSED and ADOPTED this day of 2018.
Mayor
ATTEST:
Rafael E. Granado City Clerk
First Reading:,2017
Second Reading: ,2018
Verified by:
Thomas Mooney, AICP
Planning Director
T:\AGENDA\20.17\10 - October\Planning\Ref to PB - Parking Ordinance Oceanfront Hotels in the RM-3 Architectural District - DRAFT
ORD.docx
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Commission Committee Assignments - C4 R
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissiorer Kristen Rosen Gowalez
DATE: October 18,2017
SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE OF A DISCUSSION ON
WHETHER THE CITY SHOULD TAX SUGARY DRINKS.
ANALYSIS
Please add to the October 18th agenda, a referral to Finance and Citywide Projects Conrnittee and the
Neighborhood/Conrrunity Affairs Conmittee of a discussion on whether the City should tax sugary drinks.
As nentioned in the New York Tines article, "How to Win Against Bid Soda," consuning one to two sugary drinks a day
increases a person's risk of developing diabetes by 26 percent. By taxing sugary drinks, it is anticipated that the purchase of
healthier drinks will go up and the sales of soda will go down. The tax raised could be utilized to fund nutrition and health
prograns in the City.
See attached article from New York Tines:
https://www.nytirnes.con/2017110/l5lopinion/soda-taxchicago-sugar.htnil?snprod=nytcore'ipad&smid=nytcore-ipad-share
Leo'rslative Trackino
Commissioner Kristen Rosen Gonzalez
ATTACHMENTS:
Description
o Article
11
How to Win Against Big Soda - The New York Times Page 1 of3
Ste |{gtu Sork tsi*r*r : https://nyti. msi2zbEweB
Opinion I oP-ED coNrRrBuroRS
How to Win Against BiS Soda
By ANNA Leppg and CHRISTINA BRONSING-LAZALDE oCt. t5, zotT
The soda industry won big in Chicago this week when county commissioners voted
to scrap the r-cent-per-ounce tax on sugary drinks that had been in place for just two
months.
This is a stark turn for the effort to tax these drinks, which has been making
headway as voters and City Councils in at least a half-dozen other cities, including
San Francisco and Philadelphia, in recent years approved measures in favor of soda
levies. The sudden about-face in Chicago, after a battle in which both sides spent
millions on TV and radio ads, offers an important lesson for advocates of these taxes,
ourselves included, as the industry we call Big Soda takes aim at other communities:
We can't forget the grass roots.
While we are longtime healthy-food advocates, we have only recently awakened
to the alarm bell of sugary drinks. For years, these drinks were flagged for "empty
calories" that lead to weight gain. Today, the public health community understands
that consuming sugar - particularly in liquid form - increases risks of serious
health conditions, such as heart disease, Type z diabetes and nonalcoholic fatty liver
disease, not to mention tooth decay. A zoro study found that consuming just one to
two sugary drinks a day increases your risk of developing diabetes by z6 percent.
While sugar is everywhere - in cookies and crackers, breads and pasta sauce -
the single largest source in the American diet is sugary drinks. A zo-ounce Coca-Cola
g contains 65 grams of added sugar, significantly exceeding the Anaerican Heart
ARrcLEs REMATNTNG ] sge MY oPTloNs subscriber login
https://www.nytimes.com/20l7ll0ll5lopinion/soda-tax-chicago-sugar.html?smprod:nytcore-ipa... 101161201712
How to Win Against Big Soda - The New York Times Page 2 of3
Association's daily maximum recommendation for adult women, z5 grams, and
adult men, 36 grams.
It's not hyperbolic to claim that sugary drinks pose a major public health threat.
Nationally, w€ spent $z+S billion on diabetes medical costs in zorz. By zo3o we
could be spending as much as $8r8 billion on the direct medical costs of heart
disease. Both illnesses are associated with the consumption of sugary drinks.
Fortunately, we have effective tools for addressing this crisis. Taxes on sugary drinks
are one. As a peer-reviewed study published this spring found, since the tax went
into effect in Berkeley, Calif., in March 2015, purchases of healthier drinks have gone
up and sales of soda have gone down, all without consumer grocery bills increasing
or the local food sector losing money. The tax raised about $r.5 million last year for
nutrition and health programs in a city of rr3,ooo people.
Since Berkeley passed its tax, seven municipalities have followed suit, and many
others, even some states, are interested in doing the same. This has Big Soda scared
because these taxes - with the awareness they create about the health effects of
sugar and the consumption they reduce - threaten the industry's bottom line.
How scared? Leaked internal Coca-Cola emails last year revealed a "coordinated
war" against policies like these, says a public health advocate, Kyle Pfister, who has
studied these documents. This war, waged by the American Beverage Association
and sugary drink manufacturers like Coca-Cola, includes a slew of duplicitous
tactics, like funding research to give a hue of legitimacy to their anti-tax claims,
pursuing social media influencers, lobbying at every level of government and
targeting key journalists for persuasion. These time-tested tactics have been used by
the tobacco industry in its fight against cigarette taxes.
The industry also starts and funds faux grass-roots organizations. In another
email, a trade group representative boasted about the impact of Philadelphians
Against the Grocery Tax, an industry-funded group, which deployed an aggressive
media strategy that achieved a "significant shift in public attitudes away from initial
majority support for the discriminatory tax" in Philadelphia. In the end, the industry
9 lost there.
ARTICLES REMAINING
https://www.nytimes.com/20l7ll0l15lopinion/soda-tax-chicago-sugar.html?smprod:nytcore-ipa... l0ll6l20l713
How to Win Against Big Soda - The New York Times
In Cook County, which includes Chicago, the industry's "Can the Tax" campaign
spent millions on local TV ads and pressured commissioners, in particular critiquing
the use of the soda tax revenue to help cover budget deficits. (In other cities, the
money has been directed to public health concerns or, in the case of Philadelphia, to
fund universal pre-K.) When Jesus Garcia, a Cook County commissioner, signaled he
would vote to repeal the tax, he acknowledged that the beverage industry used its
financial power to shape public opinion before supporters of the tax were able to
craft their own message for a public debate.
There is an important lesson here: When efforts for sugary-drinks taxes are
driven and supported by community coalitions that build public awareness early on,
they're better able to withstand industry attacks. Strong coalitions are vital both to
adopt new taxes and to ensure they remain to curb consumption and generate funds
for public health programs.
In Berkeley, the industry waged a $z million anti-tax campaign. We credit the
success of the tax effort there to a broad-based community coalition - a united front
of the local N.A.A.C.P., Latinos Unidos, teachers unions and many more groups. This
compact was strong enough to withstand the industry's onslaught. We won
decisively, with 76 percent of the vote. Community engagement is key.
While the Cook County decision is a setback, it's a clear reminder of what it will
take to win. There's no substitute for good, old-fashioned community building. We
know we will be outspent. Let's not be outnumbered.
Anna Lapp6 and Christina Bronsing-Lazalde run Real Food Media.
Follotu The Netu York Times Opinion section on Facebook and Twitter (@NYTopinion),
and sign up for the Opinion Today neusletter.
A version of this op-ed appears in print on October 16, 2A17 , on Page A21 af the New York edition with
the headline: How to Win Against Big Soda.
Page 3 of3
@ 2017 The New York Times Company
I
ARTICLES REMAINING
Subscriber login
https://www.nytimes.com/20lT ll0ll5lopinionlsoda-tax-chicago-sugar.html?smprod:nytcore-ipa... 101161201714
Resolutions - C7 AF
MIAMI BEACH
TO:
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 18,2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SUPPORTING THE SOUTH FLORIDA COLLEGE FOOTBALL CHAMPIONSHIP
GAME TASK FORCE ("TASK FORCE"), tN CONNECTTON W|TH THE TASK FORCE'S BID TO
SECURE THE COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP GAME, TO BE
HELD IN SOUTH FLORIDA IN JANUARY OF 2021,2023, OR 2024, BY AUTHORIZING THE
FOLLOWING IN CONNECTION WITH ANY AWARDED COLLEGE FOOTBALL PLAYOFF
NATIONAL CHAMPIONSHIP GAME: A) THE WAIVER OF RENTAL FEES FOR THE MIAMI
BEACH CONVENTION CENTER, lN AN AMOUNT NOT TO EXCEED $857,540.80; B) THE
WAIVER OF SPECIAL EVENT PERMIT FEES, INCLUDING APPLICATION FEE, PERMIT FEE,
VEHICLE ACCESS PASS FEE, SQUARE FOOTAGE FEE, USER FEE, AND POLICE AND FIRE
ADMINISTRATIVE FEES, lN AN AMOUNT NOT TO EXCEED $150,000.00; C)ALL DEFINED FEE
WAIVER AMOUNTS TO BE DETERMINED AND RETURNED TO THE CITY COMMISSION FOR
APPROVAL; D) A SPONSORSHIP AGREEMENT BETWEEN THE TASK FORCE AND THE CITY
OF MIAMI BEACH IN A FORM ACCEPTABLE TO THE CITY MANAGER AND CITY ATTORNEY;
AND, E) ALL SPONSORSHIPS AND WAIVED FEES SHALL BE SUBJECT TO APPROVAL AND
APPROPRIATION VIA THE CITY'S FISCAL YEAR 201712018 BUDGET PROCESS.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The College Football Playoff (CFP) is a postseason tournarnent in Anrerican college football for the National Collegiate Athletic
Association (NCAA) Division I Football Bowl Subdivision, having replaced the prior Bowl Chanpionship Series rnodel to
detern{ne a College Football Chanpion. The CFP championship game is played on the first Monday that is six or more days
after the CFP semifinals, which take place in the first week of January, and the gar€'s venue is selected based on bids
submitted by cities, similar to the National Football League's Super Bowl or NCAA Final Four basketball tournarnent. The South
Florida College Football Championship Task Force ("Task Force"), which includes the Orange Bowl Committee, is leading the
effort to bid for upcoming opportunities for South Florida to host the CFP Charrpionship Ganes in 2021,2423, or 2424. As part
of CFP Chanpionship Gane bids, the selected destination would be required to host a series of ancillary events for the CFP.
As such, the South Florida College Football Championship Task Force has identified Miani Beach as a community focal point
for hosting the CFP National Chanpionship activations events for visiting fans, including, but not limited to the following:
. Playoff Fan Central: Multi-day ticketed event for fan interactive experiences;' Playoff Playlist Live: Multi-day ticketed event featuring outdoor concerts. Watch Pa(y: Event for patrons not attending the Ganre to observe the Garne broadcast in a festival setting.
The South Florida College Football Championship Task Force has support from the City conparable to large scale sporting
events that requested support from the City in the past, including the Super Bowl and WrestleMania. The Task Force requests,
in relation to activations and events associated with any South Florida awarded CFP National Championship Garne events, the
following: A) waiver of the rental fees associated with use of the Miami Beach Convention Center, not to exceed $857,540.80; B)
waiver of special event fees, including special event application fee, permit fee, vehicle acress pass fee, square footage fee,
user fee and Police and Fire administrative fees, not to exceed $150,000.00; C) conrnitnent to identifying additional sources of
funds, conparable to the City's support for the 2020 Super Bowl Host Comnittee, to help defray other related epenses. The
final anpunts of such waivers are to be determined following award of such bids and the subndssion of relevant plans, schedules
and event requirenents. Once determined, the Task Force nust relum to the City Comn{ssion for approval of the final waiver
anpunt, which will be defined with a sponsorship agreement in a form acceptable to the City Manager and City Attorney.
The CFP National Championship Game is annually one of the top rated television events, with the gann and ancillary events
15
epected to bring over one hundied thousand fans to the City. Hosting the CFP National Championsiip Gane in South Florida
further provides a tremendous boost to tourism, with the Ganre expected to generate several hundred million dollars in direct and
indirect positive economic inpact.
KEYINTENDED OUTCOMES SUPPORTED
Maximize The Miami Beach Brand As A World Class Destination
Legislative Tracking
Tourism, Culture, and Economic Delelopment
16
COMMISSION MEMORANDUM
Homrable Mayor and Members of the City Commission
MIAMI BEACH
TO:
FROM: RadJ. Aguila, CityAttorrey
DATE: October 18,2017
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE
PRoJECTS COMMTTTEE AND (1) APPROVTNG THE ATTACHED NON-BTNDTNG
QUESTIONNAIRE REGARDING THE POTENTIAL CREATION OF SPECIAL ASSESSMENT
DISTRICTS TO FUND THE UNDERGROUNDING OF UTILITIES ALONG ALTON ROAD
BETWEEN MICHIGAN AVENUE AND 41ST STREET; ALTON ROAD BETWEEN 41ST STREET
AND 63RD STREET; AND NORTH BAY ROAD BETWEEN 44TH STREET AND 64TH
STREET/PINE TREE DRIVE CIRCLE; AND (2) APPROPRIATING ALL NECESSARY FUNDS TO
MAIL THE QUESTIONNAIRE TO RESIDENTS AND BUSINESS OWNERS IN THE SUBJECT
NEIGHBORHOODS, AND TO TABULATE THE RESULTS.
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
o Resolution and Draft Questionnaire
17
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJEGTS COMMTTTEE AND (1) APPROVTNG THE
ATTAGHED NON.BINDING QUESTIONNAIRE REGARDING
THE POTENTIAL CREATION OF SPECIAL ASSESSMENT
DISTRICTS TO FUND THE UNDERGROUNDING OF UTILITIES
ALONG ALTON ROAD BETWEEN MICHIGAN AVENUE AND
41ST STREET; ALTON ROAD BETWEEN 41ST STREET AND
63RD STREET; AND NORTH BAY ROAD BETWEEN 44TH
STREET AND 64TH STREET/PINE TREE DRIVE GIRGLE; AND
(2) APPROPRTATTNG ALL NECESSARY FUNDS TO MAIL THE
QUESTIONNAIRE TO RESIDENTS AND BUSINESS OWNERS
IN THE SUBJECT NEIGHBORHOODS, AND TO TABULATE
THE RESULTS.
WHEREAS, on July 26,2A17, and as sponsored by Commissioner Joy Malakoff, the
City Commission referred a discussion to the Finance and Citywide Projects Committee (the
"Committee") regarding the potential formation of a special assessment district on Alton Road
for the purpose of undergrounding utilities; and
WHEREAS, the relocation underground of overhead utilities protects utility services
during severe weather conditions, and enhances the aesthetic appearance of neighborhoods;
and
WHEREAS, a number of City residents have expressed an interest in undergrounding
overhead utilities, in order to build a more resilient utility infrastructure; and
WHEREAS, on September 20, 2017 ,lhe Committee held a discussion regarding how to
gauge resident interest in potential underground utility districts along Alton Road between
Michigan Avenue and 41st Street; Alton Road between 41st Street and 63rd Street; and North
Bay Road between 44th Street and 64th StreeUPine Tree Drive Circle; and
WHEREAS, the Committee directed the City Attorney's Office to prepare a draft non-
binding questionnaire, in order to determine whether residents and business owners in these
neighborhoods desire to create a special assessment district to fund these improvements, and
WHEREAS, on October 13, 2017, the Committee voted to recomrnend that the City
Commission approve the proposed non-binding questionnaire, attached hereto as Exhibit'A",
and appropriate all necessary funds to mail the non-binding questionnaire to residents and
business owners in the subject neighborhoods.
NOW, THEREFORE, BE IT RESOLVED BY THE M,AYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
accept the recommendation of the Finance and Citywide Projects Committee and (1) approve
the attached non-binding questionnaire regarding the potential creation of special assessrnent
districts to fund the undergrounding of utilities along Alton Road between Michigan Avenue and
41st Street; Alton Road between 41st Street and 63rd Street; and No(h Bay Road between
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44th Street and 64th StreeVPine Tree Drive Circle; and (2) appropriate all necessary funds to
mail the questionnaire to residents and business owners in the subject neighborhoods, and to
tabulate the results.
PASSED and ADOPTED this
-
day of 2017.
ATTEST:Philip Levine
Mayor
RafaelE. Granado
City Clerk
APPHO\ED AS TO
FORM &I.AhIGUAGE
& FORE{ECUnS.I
GityAttotrsy O&
\0L
F:\AfiO\KALN\RESOLUTIONS\Utility undergrounding questionnaire.docx
2
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IDRAFT LETTER]
IDate]
Dear Resident or Business Owner:
ln the aftermath of Hurricane lrma, a number of City residents have expressed the desire that
the City explore the undergrounding of utilities along Alton Road between Michigan Avenue and
41st $treet; Alton Road between 41st Street and 63rd Street; and North Bay Road between
44th Street and 64th Street/Pine Tree Drive Circle.
ln an effort to assist the City with our efforts, please kindly take a minute to complete the
following non-binding questionnaire and relurn it to City staff in the attached self-addressed
stamped envelope.
Thank you for your participation.
Jimmy L. Morales
City Manager
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NON.BTNDING QUESTIONNAIRE RE:
UNDERGROUNDING OF UTILITIES
Please answer each question by marking each response with an "X". Please mark only one
response to each question.
1. Are you in favor of undergrounding utilitiesl in your neighborhood?
Yes
No
2. lf you answered yes to Question No. 1, are you in favor of funding the undergrounding of
utilities through a special assessment2 on your property?
No; I am not in favor of funding the undergrounding of
utilities th roug h special assessments.
Yes; I am in favor of a special assessment on my
property to fund the cost of undergrounding utilities.
Yes; I am in favor of a special assessment on my
property, but only if the City contributes general funds
to pay for a portion of the project.
3. Please check one of the following responses:
I am a Miami Beach resident and I own a home on
Miami Beach.
I am a Miami Beach resident and I rent a home on
Miami Beach.
I am a Miami Beach business owner.
PLEASE RETURN THIS QUESTIONNAIRE TO THE CITY
IN THE ATTACHED SELF-ADDRESSED STAMPED ENVELOPE.
1 Whenever overhead utilities are relocated underground, regardless of how the project is
funded, individual property owners are responsible for coordinating and paying to connect their
properties to the underground utilities.
z A special assessment is a charge assessed against a property because that property derives
some special benefit from the expenditure of the money, which benefit is (1) pubtic and not
private, and (2) special to the property rather than general to the community. Special
assessments may be paid in one lump sum, or in annual installments.
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City Attorney Reoorts - Rl0 G
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aquila, City Attorney
DATE: October 18,2017
SUBJECT: PURSUANT TO 5286.011, FLORIDA STATUTES, THE CITY ATTORNEY HEREBY ADVISES THE
MAYOR AND CITY COMMISSION THAT HE DESIRES ADVICE CONCERNING THE
FOLLOWING PENDING LITIGATION MATTERS:
NORMANDY LIVING. LLC V. CITY OF MIAMI BEACH. ETAL.
CASE NO. 17-2060-CA-10
CIRCUIT COURT, 11TH JUDICIAL CIRCUIT
NORMANDY LIVING. LLC V. CITY OF MIAMI BEACH. ETAL.
SECT|ON 504 CASE NO. 04-17-78164
ADA CASE NO. M-1 7-7816-D
sEcfloN 109 CASE NO. 04-17-7816-9
THEREFORE, A PRIVATE CLOSED ATTORNEY.CLIENT SESSION WILL BE HELD DURING
THE LUNCH RECESS OF THE CITY COMMISSION MEETING ON OCTOBER 18, 2017, IN THE
CITY MANAGER'S LARGE CONFERENCE ROOM, FOURTH FLOOR, CIry HALL TO DISCUSS
SETTLEMENT NEGOTIATIONS AND/OR STRATEGY RELATED TO LITIGATION
EXPENDITURES WITH REGARD TO THE ABOVE-REFERENCED LITIGATION MATTER.
THE FOLLOWING INDIVIDUALS WILL BE IN ATTENDANCE: MAYOR PHILIP LEVINE;
MEMBERS OF THE CITY COMMISSION MICKY STEINBERG, JOY MALAKOFF, MICHAEL
GRIECO, RICKY ARRIOLA, KRISTEN ROSEN-GONZALEZ, AND JOHN ELIZABETH ALEMAN;
JIMMY L. MORALES, CITY MANAGER; RAUL J. AGUILA, CITY ATTORNEY; EVE A. BOUTSIS,
CHIEF DEPUTY CITY ATTORNEY; MARGARET MEVERS, ESQ.; AND STEPHEN HUNTER
JOHNSON, ESQ.
Legislative Tracking
Office of the City Attorney
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