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2007-3562 Ordinance Second Reading 6-6-07 ORDINANCE NO. 2007-3562 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, ENTITLED "PUBLIC PROPERTY", BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENTS OF MONUMENTS AND MEMORIALS", BY AMENDING SECTION 82-501, ENTITLED "GENERALLY", TO PROVIDE THAT THE CITY OWNED CULTURAL FACILITY CURRENTLY NAMED THE "JACKIE GLEASON THEATER OF THE PERFORMING ARTS," LOCATED AT 1700 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, SHALL BE EXEMPT FROM THE PROVISIONS OF SAID ARTICLE VI; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICTION AND EFFECTIVE DATE. WHEREAS, on September 6, 2006, pursuant to Resolution No. 2006-26320, the Mayor and City Commission approved a process and guidelines for soliciting and reviewing proposals from 1) Cirque du Soleil (CDS); 2) AEG Live; and 3) Live Nation, with regard to possible alternatives for the future use of the City-owned cultural facility, known as the "Jackie Gleason Theater of the Performing Arts," and located at 1700 Washington Avenue, Miami Beach, Florida (the Theater); and WHEREAS, a Special City Commission meeting was held on October 18, 2006, at which time the Mayor and City Commission heard presentations by 1) AEG Live and 2) Live Nation; prior the commencement of the meeting, CDS voluntarily withdrew its proposal from consideration; and WHEREAS, at the conclusion of the aforestated parties' respective presentations, the Mayor and City Commission heard additional public comment, and having heard and considered the 1) presentation and recommendations by the City Administration; 2) the respective presentations by AEG Live and Live Nation; and 3) the aforestated public comment, the Mayor and City Commission authorized the City Administration to proceed with negotiations with Live Nation and, if such negotiations were unsuccessful, proceed to negotiate with AEG Live; and WHEREAS, the City and Live Nation have negotiated a Management Agreement for the Theater, which Agreement was approved, pursuant to 5/7ths vote of the City Commission, on May 16, 2007; and 1 Second Reading 6-6-07 WHEREAS, pursuant to the terms and conditions of the Management Agreement, and in consideration of the parties' desire to maximize the profitability of the Theater and to maximize attendance, Live Nation has requested to 1) include the name "Fillmore" in the name of the Facility (referencing the historic Fillmore Theater in San Francisco, California, which is also owned and operated by Live Nation), and 2) to have certain additional discretion, subject to City approvals, for future naming (or renaming, as the case may be) of interior or exterior portions of the Theater; and WHEREAS, Chapter 82, Article VI, Sections 82-501 through 82-505, of the City Code, establishes certain procedures for the naming of public facilities and establishment of monuments and memorials on City property (the City's Naming Ordinance); and WHEREAS, the Administration would therefore recommend that the Theater be exempted from the provisions of the City's Naming Ordinance, as hereinafter set forth in this Amendment. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AMENDMENT TO ARTICLE VI OF CHAPTER 82 OF THE CITY CODE. A That Section 82-501, Chapter 82 of the Miami Beach City Code is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY * * * ARTICLE VI. Naming of Public Facilities and Establishment of Monuments and Memorials. * * * Sec. 82-501. Generally. No public facility located in or owned by the city shall be named except in accordance with the procedures set forth in this article. 2 Second Reading 6-6-07 No monument or memorial shall be established within the city except in accordance with the procedures set forth in this article. Effective upon adoption of this article, no street located in the city shall be hereafter named, renamed, or co-named after any person or persons, living or deceased. The Bass Museum of Art~ aM the City-owned building, located at 2200 Liberty Avenue, Miami Beach, Florida (the Miami City Ballet Building), and the City-owned cultural facility referred to as the "Jackie Gleason Theater of the Performinq Arts", located at 1700 Washinqton Avenue, Miami Beach. Florida, shall be exempt from the provisions of this Article, as hereinafter provided: The Miami City Ballet Building shall only be exempt for so long as (i) said Building is occupied, operated and maintained by Miami City Ballet, Inc., a not for profit corporation; (ii) the Building is used as the principal headquarters, administrative offices, and studio and teaching facilities of the Miami City Ballet; and (iii) Miami City Ballet, Inc. remains in good standing and free from defaults under that certain Lease Agreement for the Miami City Ballet Building between the City, as landlord, and Miami City Ballet, Inc., as tenant. The exemption for the Miami City Ballet Building shall automatically terminate upon the earlier of the expiration or other termination of the aforestated Lease Agreement between the parties. (Ord. No. 2000-3266, S 1,9-27-00) SECTION 2. REPEALER All ordinances or parts in conflict herewith be and the same are hereby repealed. SECTION 3 SEVERABILITY If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court or competent jurisdiction, then said holding shall in no way affect the validity of the remaining portion of this Ordinance. SECTION 4. 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. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. 3 2007-3562 Second Reading 6-6-07 SECTION 5. EFFECTIVE DATE This Ordinance shall take effect on the ,2007. PASSED and ADOPTED this 6th 2007 ATTEST: ~ MAYOR JIkr rClMk CITY CLERK David Dermer Robert Parcher F:\atto\AGUR\RESOS-ORD\Jackie Gleason Theater - Naming of Public Facilities Ordinance (Second Reading - Final 5-22-07).doc APPROVED AS TO FORM & LANGUAGE 6 F EXECUTION 4 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amending Chapter 82 Of The City Code, Entitled "Public Property", By Amending Article VI, Entitled "Naming Of Public Facilities And Establishments Of Monuments And Memorials", By Amending Section 82-501, Entitled "Generally", To Provide That The City Owned Cultural Facility Currently Named The "Jackie Gleason Theater Of The Performing Arts," Located At 1700 Washington Avenue, Miami Beach, Florida, Shall Be Exempt From The Provisions Of Said Article VI; Providing For Repealer, Severability, Codification and Effective Date. Ke Intended Outcome Su orted: Increase community ratings of cultural facilities. Issue: I Should the City adopt the Ordinance? Item Summary/Recommendation: SECOND READING PUBLIC HEARING Pursuant to Resolution No. 2007-26548, on May 16, 2007, the City Commission approved a Management Agreement with Live Nation, Inc., to manage and operate The Jackie Gleason Theater of the Performing Arts. Pursuant to the terms and conditions of the approved Management Agreement, Live Nation has requested to 1) include the name "Fillmore" in the name of the Facility (referencing the Fillmore Theater in San Francisco, California, which is also operated by Live Nation), and 2) to have certain additional discretion, subject to City approvals, for future naming (or renaming, as the case may be) of interior or exterior portions of the Theater. In order to maintain the ability for the City Commission to name the facility as it deems appropriately, the Administration is recommending an exemption from the City's naming ordinance (as codified in Chapter 82, Article VI, Sections 82-501 through 82-505 of the City Code). Adviso Board Recommendation: Adopt the Ordinance. Financial Information: Source of Amount Account Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Carla Gomez n-Offs: Department Director City Manager lD ....,. MIAMIBEACH AGENDA ITEM DATE R5D ~-h-O/ lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission DATE: June 6, 2007 SECOND READING PUBLIC HEARING FROM: Jorge M. Gonzalez, City Manager SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, ENTITLED "PUBLIC PROPERTY", BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENTS OF MONUMENTS AND MEMORIALS:, BY AMENDING SECTION 82-501, ENTITLED "GENERALLY", TO PROVIDE THAT THE CITY OWNED CULTURAL FACILITY CURRENTLY NAMED THE "JACKIE GLEASON THEATER OF THE PERFORMING ARTS," LOCATED AT 1700 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, SHALL BE EXEMPT FROM THE PROVISIONS OF SAID ARTICLE VI; PROVIDED FOR REPEALER, SEVERABILITY, CODIFICATION AND EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANAL YSIS The Jackie Gleason Theater of the Performing Arts, originally named the Miami Beach Municipal Auditorium, has been instrumental in creating an iconic reputation for the City of Miami Beach. The Auditorium was built in the 1950's and was the home of many "Golden Era" legends and major sporting events. In the early 1960's, the Auditorium began hosting the Jackie Gleason Show, which was a smash-hit for seven years. The TV show's success helped garner the attention of famous Hollywood celebrities and inevitably helped propel Miami Beach's tourist industry. Beginning in the 1970's, the Theater became an active venue for touring Broadway shows. During this era, the Theater was renamed to the Miami Beach Theater of the Performing Arts. Numerous renovations throughout the 1980's enhanced the Theater's reputation as a first class entertainment venue. In 1987, the City of Miami Beach honored the many contributions of Jackie Gleason by renaming the Miami Beach Theater of the Performing Arts to the Jackie Gleason Theater of the Performing Arts, in permanent recognition of ''The Great One". Throughout the 1990's to present day, the Jackie Gleason Theater (JGT) maintains its adaptive approach to an ever-changing entertainment environment, and continues to attract a variety of programming. The Jackie Gleason Theater of the Performing Arts currently operates as a "Single Night/Limited Run Live Entertainment Rental Facility". The Facility accepts booking from live entertainment acts on a "first come, first serve" basis. Commission Memorandum - JGT Name Change Ordinance June 6, 2007 Page 2 of 3 Despite the Theater's success, recently, the JGT has found itself struggling in a highly competitive market for live entertainment in the local area. Some of these competing venues include: the Seminole Hard Rock Cafe; the Gusman Theater; American Airlines Arena; Waterfront Theater at the American Airlines Arena; Bank Atlantic Center; the James L. Knight Center/Miami Convention Center Auditorium; and the Frank Sinatra Theater at the Bank Atlantic Center. The recently opened Carnival Center of the Performing Arts ("PAC") has demonstrated to be a tremendous impact on the JGT's declining success. After opening its doors in October of 2006, the Carnival Center of the Performing Arts has prompted the migration of three major companies; the Miami City Ballet; the Concert Association, and the Broadway Series, which accounted for 33% of total revenue and one-third of the available use days of the JGT in 2005. In an effort to continue to sustain the viability of the Jackie Gleason Theater of the Performing Arts, the City began considering possible options for the Venue. During a Special Commission Meeting on October 18, 2006, the City Commission made its decision to maintain the Facility as a single night or limited run rental venue that would be managed by an international live entertainment company that would incur the risk of programming the facility, while guaranteeing the City a base return. Resolution No. 2006-26377 authorized the Administration to negotiate with Live Nation Worldwide, Inc., a publicly-traded company that manages and operates live venues and promotes and produces live entertainment events. The City and Live Nation have negotiated a Management Agreement for the Theater. This agreement was approved on May 16, 2007, pursuant to 5/7ths vote of the City Commission. The City, together with Live Nation Worldwide, Inc., intends to enhance the Facility's infrastructure and overall interior design. Pursuant to the terms and conditions of the Management Agreement, upon completion of all major renovations, Live Nation has requested to include the name "Fillmore" in the name of the Facility (referencing the historic Fillmore Theater in San Francisco, California, which is also owned and operated by Live Nation) and requests to have certain additional discretion, subject to City approvals, for future naming (or renaming, as the case may be) of interior or exterior portions of the theater. The Management Agreement does not deed any ownership rights to Live Nation. The Jackie Gleason Theater of the Performing Arts continues to be City-owned property, and therefore falls under the purview of the City's Naming Ordinance as a "public facility," This Ordinance would require that any current and future names in the interior and/or exterior portion(s) of the Building either comply with the provisions therein, or be exempted. FISCAL IMPACT This Ordinance is considered in conjunction with the proposed Live Nation Management Agreement. Live Nation has stated that a change of the name of the Facility to "The Fillmore Miami Beach at the Jackie Gleason Theater" is necessary for the success of the Venue. The Management Agreement, approved on May 16th with the first reading of this Ordinance, contains an opt-out provision if the name is not changed in accordance with the forgoing. The Management Agreement, as proposed, would take the Venue from being a heavily subsidized operation, to one that both covers its operations and generates an income of at least $1,000,000 annually. Commission Memorandum - JGT Name Change Ordinance June 6, 2007 Page 3 of 3 CONCLUSION In order to maintain the ability to change the Venue's name, the Administration is recommending an exemption from the City's naming ordinance (as codified in Chapter 82, Article VI, Sections 82-501 through 82-505 of the City Code). This exemption would allow the City Commission to pursue naming rights opportunities at the Theater, and offer an additional potential revenue source, which would benefit the facility in offsetting operation costs and the costs for future capital maintenance and renovations. Additionally, this will also assist in the offsetting costs/funding for various "public benefits" (including, without limitation), City and charitable use of the Theater and discount ticket programs associated with the Theater. Accordingly, the City Attorney's Office and the Administration have drafted the attached Amendment to the City's Naming Ordinance, which like the Miami City Ballet and the Bass Museum of Art, would exempt the Jackie Gleason Theater of the Performing Arts from the provision of the Ordinance; provided that such exemption is valid only for so long as the building continues to be managed and operated by Live Nation; and further, that Live Nation remains in good standing pursuant to its Management Agreement with the City. Additionally, upon the earlier of either expiration of the Management Agreement or other termination, the exemption will automatically terminate. JMG:TH:cmg T:\AGENDA\2007~un0607\Regular\JGT Name Change Exemption Memo 06-06-07.doc ~ ,.., ~ ~ >- ic( 2: >>, '<( 0 ,~ I -0 ::z: , l- I \ -Jt 1 I I j ! ~ 0 .Q ;c; 01 'a; ~ E 0 u ~ ~ ::z: C. ':t\! 2: CD ;I: e MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the City of ,Miami Beach, Florida, In the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, June 6, 2007, to consider the following: 10:15 a.m. An Ordinance Amending Chapter 86 Of The Miami Beach City Code Entitled "Saies", By Amending Article III Entitied "Nan-Profit Vending And Distribution", By Deleting Section 86-144 Entitled "Rules And Requirements", And Amending Section 86-174 By Changing The Title From "Deadline Far Submittal Of Application" To "Administrative Rules"And Providing That The City Manager Or His Designee Shall Develop And Impose Administrative Rules, Inquiries may be directed to the Finance Department at (305) 673-7466, 10:16a.m, An Ordinance Amending Section 46-92, "Throwing Litter In Public Places; Possession Of Glass Or Metal Containers On Beaches Unlawful; Sweeping Or Throwing Litter In Gutters; Garbage Containers Required Far Take-Out Restaurants; Civil Fines Far Violation." Of Division 1, "Generally," Of Article III, "Litter," Of Chapter 46 Of The City Code, "Environment," By Creating Criteria Far Rebuttable Presumptions Conceming Littering With Commercial Handbilts; By Providing For Seizure Of Handbills Far Use As Evidence At Prosecution; By Providing For Removal Of Handbills At Violator's Expense; By Amending Definitions Sections; By Amending Provisions Providing For Fines And Penalties Far Violations. Inquiries may be directed to the Neighborhood Services Department at (305) 604-2489, 10:20 a.m. An Ordinance Amending Miami Beach City COde Chapter 2, Article VII, Division 2 Thereof Entitled "Officers, Employees And Agency Members," Section 2-459 "Certain Appearances Prohibited" By Including "Employee" And "Of Counsel" Relationships Within The Definition Of The Term "Associate". ~jUlrieS may be directed to the City Attorney's Office at (305) 673-7470. 10:25 a.m. , Ordinance Amending Chapter 62 Of The City Code, Entitled "Public Property", By Amending Article VI, Entitled "Naming Of Public Facilities And Establishments Of Monuments And Memorials", By Amending Section 82-501, Entitled "Generally", To Provide That The City Owned Cultural Facility Currenlfy Named The" Jackie Gleason Theater Of The Performing Arts," Located At 1700 Washington Avenue, Miami Beach. Florida, Shall Be Exempt From The Provisions Of Said Article VI, _ Inquiries may be directed to the City Manager's Office at (305) 673-7010. INTERESTED PARTIES are Invffed to appear at this meeting, or be represented by an agent, or to express their views In writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall. Miami Beach, Florida 33139, Copies of these ordinances are available for pUblic inspection during normal business hours In the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach. Florida 33139. This meeting may be continued and under such clrpumstances additional legal notice would not be provided, Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Sectfon 286,0105, Aa, Stat., the City hereby advises the public that: ff a person decides to appealany decision made by the City Commission with respect to any matter considered at I1s meeting or I1s hearing, such person must ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal Is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or Irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. . To request this material In accessible format sign language interpreters, Information on access for persons with dlsabllnles, and/or any accommodation to review any document or participate in any cl1y-sponsored Proceeding. please contact (305) 604-2489 (voice), (305) 673-7218(TTY) flve days In advance to initiate your request. TTY users may atso call 711 (Florida Relay Service). Ad 11439 .