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96-22214 RESORESOLUTION NUMBER 96-22214 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF BEACH, FLORIDA, APPROPRIATING $250,000 IN RESORT TAX PROCEEDS INTO THE GENERAL FUND SPECIAL PROJECTS ACCOUNT TO PROVIDE INITIAL FUNDING FOR THE CITY'S EMERGENCY SAND DUNE/FLOOD CONTROL DYKE REPAIR EFFOR*r, WAIVING THE FORMAL BIDDING PROCESS AND AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AND AWARD EMERGENCY PURCHASE ORDERS FOR THE RENTAL OF HEAVY EQUIPMENT, PURCHASE OF EMERGENCY FILL AND OTHER MATERIALS AND SERVICES NEEDED TO COMPLETE THE EMERGENCY REPAIRS. WHEREAS, the City's Middle Beach area has eroded to the point at that all of the dry b:.a, :h and almost all of the sand dune/flood control dyke have been lost; and WHEREAS, most of the middle beach dune cross-overs have been closed as safety ha2ar~:ls and the footings of the boardwalk itself are in immediate jeopardy of being undercut by the encroachinc, tides; and WHEREAS, if emergency measures are not taken, coastal flooding west of the dune line 'Nil occur in the 30th street to 35th street region of middle beach in the near future; and WHEREAS, in order to prevent the loss of the boardwalk and flooding of the coastal prope rti, ~s, the Administration proposes to immediately implement an emergency sand dune/flood control dyke repair project. WHEREAS, funding in the amount of $250,000 is available from Resort Tax Proceeds for this ,c pecial Project. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION O :" THE CITY OF MIAMI BEACH, FLORIDA, that the appropriation of $250,000 in Resort Tax Proceed,,:; ir to the General Fund Special Projects Account for use in the City's Emergency Sand Dune/Flood Contre Dyke Repair Efforts, is hereby approved. Passed and Adopted this 20th day of November, 1996. ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. "7 2"7 - ~ (.- TO: FROM: SUBJECT: DATE: November 20, 1996 Mayor Seymour Gelber and Members of the City Commission Jose Garcia-Pedrosa ~ ) City Manager FOUR RESOLUTION APPROPRIATING $250,000 IN RESORT TAX PROCEEDS INTO THE GENERAL FUND SPECIAL PROJEC'IFS ACCOUNT TO PROVIDE INITIAL FUNDING FOR THE CITY'S EMERGENCY SAND DUNE/FLOOD CONTROL DIKE REPAIR EFFOF T, WAIVING THE FORMAL BIDDING PROCESS AND AUTHORIZING TI.IE ADMINISTRATION TO NEGOTIATE AND AWARD EMERGENI;Y PURCHASE ORDERS FOR THE RENTAL OF HEAVY EQUIPMElt. T, PURCHASE OF EMERGENCY FILL AND OTHER MATERIALS AI.ID SERVICES NEEDED TO COMPLETE THE EMERGENCY REPAIFiS; AUTHORIZING THE ADMINISTRATION TO NEGOTIATE .~.,~N INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COLN'TY PROVIDING FOR THE REIMBURSEMENT OF THE CITY'S EXPEI~FISt!!-'.S FROM THE SAFE NEIGHBORHOOD PARKS BOND REVENUES, V~'HI!!!N THEY BECOME AVAILABLE, UNLESS REIMBURSEMENT IS RECEIVED FROM ANOTHER AGENCY; AND, AUTHORIZING TtlE ADMINISTRATION TO NEGOTIATE WITH THE FEDERAL AND S'I'A"'E AGENCIES TO TRY TO OBTAIN DISASTER RELIEF ASSISTANCE. ADMINISTRATION RECOMMENDATION Approve the resolutions. BACKGROUND Last September, the Federal Magistrate in the Town of Golden Beach et al. v. U.S. ,,~,r~'n_y Corps of Engineers (ACOE) case issued a recommendation that the ACOE's Moticn Summary Judgment be granted and that the injunction that has blocked the dredging, :}e immediately dissolved. The Judge has not yet issued her ruling in the case, and t'~e injunction is still in effect. Efforts between the parties to settle the case out of court ha ve been unsuccessful, and settlement negotiations have ceased. As it now stands, the ACOE is waiting for the Judge's ruling. As soon as the injunctior is lifted, the ACOE will re-start the process of awarding a contract for the renourishment of t'~e Middle Beach area. On an expedited basis, however, it will still take five to six months 'or the actual renourishment to begin. AGENDA ITEM ~2 .~L/L/ DATE/_~ As a direct result of the City's efforts, the ACOE has initiated plans to import aragonite s~:nds from the neighboring Caribbean islands to renourish an approximately one-mile sectior~ o" the City's North Beach area. However, because of the complex environmental, financial and poll ::ical issues associated with the Federal Govemment's acquisition of sand from a foreign govel nrlent for importation and placement on our beaches, it will be at least two years before the first aragonite arrives. Likewise, the ACOE has also initiated an effort to develop upland (inl~lnd) sand sources (quarries) for use in beach renourishment. Another section of North Beach wi I be utilized for the upland sand "test beach". While utilizing domestic upland sand soul'cE s is somewhat less complex than utilizing foreign sands, it will still be about two years befi:lrE the upland sands will be approved for application to our beaches. Unfortunately, in the three years since Golden Beach filed its lawsuit, our beaches I' ave continued to erode to well beyond the point at which the "state of emergency" was declare :'l by the ACOE in 1993. The interruption of Beach Patrol and Fire/Rescue vehicle access anc the loss of large sections of the planted dune were the justifications for the Commissi3n's authorization of the relocation of 7,500 tons of sand from Lummus Park to the Middle Beach area in June, 1996. As a result of the continuing erosion processes and more dramatically, last week's strong wi ~ds, all of the dry beach and almost all of the sand dune/flood control dike have been lost throug 'lout the Middle Beach segment. In addition, most of the Middle Beach dune cross-overs haw!.~ I: een closed as safety hazards, and the footings of the boardwalk itself are in immediate jeoparc y of being undercut by the encroaching tides. Further, if emergency measures are not taken, co~.stal flooding west of the dune line may occur in the 30th - 35th street region of Middle Beacl' ir the near future. In order to prevent the loss of the boardwalk and flooding of the coastal propertiE:;s, the Administration proposes to implement immediately an emergency sand dune/flood contrgl ::like repair project. The project will involve several steps including; 1 ) the recovery of wind -bl 3wn sand from areas west of the dunes and returning it to the beach. The City has airearl..! ~ een issued the necessary permit for this work from the Florida Department of Environ"n~! ntal Protection (FDEP). Elevated land scrapers, front-end loaders and off-road dump trucks wil be rented for the performance of this work. If approved, this work will begin on Thursday, No~, er ~ber 21, 1996; 2) The acquisition of approximately 25,000 tons of sand from an upland sourc,!; t :~ be used to repair the most badly eroded sections of the Middle Beach dune. The sand wil be trucked to the City parking lots at 23rd street and Collins Avenue and 46th Street and ..~c:llins Avenue where it will be transferred to off-road dump trucks, transported over the dur'e, and dumped at the repair locations. The fill will then be worked into place and compacted with front- end loaders and bulldozers. If approved, emergency bids will be solicited from suitable Iscal sand sources immediately. The delivery of sand is anticipated to begin next week. In aclct= tion to the acquisition of suitable fill, the City will also have to rent several pieces of heavy equipnent to facilitate the repairs; 3) .Concurrent with the emergency repair efforts, the Administrat~or will seek to negotiate an interlocal agreement with Metropolitan Dade County providing for the reimbursement of the City's expenses from the County's Safe Neighborhood Parks I:!!,.ond revenues, when they become available, unless the City is reimbursed by another agency; 4) The Administration will also be negotiating with the Federal and State agencies to try to obtain disaster relief assistance. CONCLUSION The City Commission should approve the four attached resolutions appropriating $250: O[ 0 in Resort Tax Proceeds into the General Fund Special Projects account to provide initial f'urding for the City's emergency sand dune/flood control dike repair effort; waiving the formal Icid,:iing process and authorizing the Administration to negotiate and award the necessary emerge. ncy purchase orders; authorizing the Administration to negotiate an interlocal agreement w,th Metropolitan Dade County providing for the reimbursement of the City's expenses from th :3 County's Safe Neighborhood Parks Bond revenues, when they become available, unle:ss the City is reimbursed by another agency; and authorizing the Administration to negotiate witl i the Federal and State agencies to try to obtain disaster relief assistance. JGP/pl/bdh