2007-3583 OrdinanceORDINANCE NO. 2007-3583
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA AMENDING CHAPTER 2 OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA,
ENTITLED "ADMINISTRATION," BY AMENDING
ARTICLE III THEREOF, ENTITLED "AGENCIES,
BOARDS AND COMMITTEES," BY AMENDING
DIVISION 6 THEREOF, ENTITLED "CULTURAL
ARTS COUNCIL," BY AMENDING SECTION 2-58;
AND CREATING NEW SECTIONS 2-58(a) AND 2-
58(b); SAID AMENDMENTS RELATED TO
ASSIGNING THE POWERS AND DUTIES OF THE
COMMUNITY BENEFIT FUND TO THE MIAMI
BEACH CULTURAL ARTS COUNCIL; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Chapter 2, Article III, Division 6, Sections 2-5t3, of the Code of the
City of Miami Beach, Florida, is hereby amended as follows:
Chapter 2
***
Article III
***
DIVISION 6. CULTURAL ARTS COUNCIL
Sec. 2-58. Powers and duties.
~ The cultural arts council shall have all legal powers necessary and
appropriate to effectuate its objectives and the purposes as set forth in this
division, subject to the approval of the mayor and city commission. The council
does not have the power to contract with any person or corporation, or pledge
any revenues or monies appropriated and invested to it by the mayor and city
commission as collateral.
(b) To assume the powers and duties of the community benefit fund for
the performing arts, as follows: Advise and recommend to the city commission
the most efficient allocation of the city of endowment funds for the purchase of
two (2) tickets for the general performances to be held at The Filmore Miami
Beach at the Jackie Gleason Theater and resale to senior citizens and students
residing in the city at discounts of fifty (50Zpercent or more; and further to review
requests for rent subsidy grants for not-for-profit groups booking the theater and
to make recommendations for same.
(Ord. No. 97-3075, § 4(F), 3-5-97)
SECTION 2. REPEALER
All ordinances or parts of ordinances 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are hereby repealed.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 of competent jurisdiction, then said
holding shall in no way affect the validity of the remaining portions 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 a 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.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect the 22nd day of December , 2007.
PASSED and ADOPTED this 12th day of December , 2007.
ATTEST:
7
MAYOR
Matti H. Bower
CITY CLERK APPROVED AS TO
Robert Parcher FORM & LANGUAGE
F:\infol$ALL1Max1TCD\Commission MemoslCBF_CAC Ord Amend.doc ~ FOR ~(i/~~ON ,
7
69
COMMISSION ITEM SUMMARY
r~
:ondensed ~ ~t~e:
An Ordinance amending chapter 2 of the Code entitled "administration," by amending article III thereof, entitled
"agencies, boards and committees," by amending division 6 thereof, entitled "cultural arts council," by
amending section 2-58; and creating new sections 2-58(a) and 2-58(b); and further amending division 5
thereof, entitled "convention center advisory board," by amending sections 2-46(b) and 2-46(c)(1) and 2-
46(c)(9) and 2-46(f); said amendments related to the powers and duties of the community benefit fund;
providing for repealer severability, codification and an effective date.
Key Intended Outcome Supported:
Increase community rating of cultural activities
Supporting Data (Surveys, Environmental Scan, etc.): In the 2007 Community Satisfaction Survey 2/3 of
residents said they go to the Convention Center or Jackie Gleason at least once a month.
Issue:
Shall the City Commission amend the City Code transferring the powers and duties of the community benefit
fund to the Cultural Arts Council from the Convention Center Advisory Board?
Item Summary/Recommendatiion:
SECOND READING PUBLIC HEARING
Since 1998, the powers and duties of the Community Benefit Fund were assigned to the Convention Center
Advisory Board (CCAB), primarily due to the fact that the Jackie Gleason Theater and Miami Beach
Convention Center were both managed by SMG. In light of the management change at the Jackie Gleason
Theater and the fact that the CCAB's primary role is the oversight of the Miami Beach Convention Center, the
Administration is recommending that the Commission transfer this function from the CCAB to the Cultural Arts
Council (CAC), as the CAC is the City's arts and culture advisory board. The CAC's insight and input would be
especially helpful given the set number of dates (12) that a waiver would be possible.
This matter was also referred to the CAC for their review and consideration. In particular, the CAC was asked
for feedback on the concept of the CAC assuming the task of reviewing waiver requests for the Fillmore Miami
Beach at the Jackie Gleason Theater. As was explained to the CAC, they would follow the established process
to facilitate their consideration of requests for waivers. At their meeting of September 7, 2007, the CAC
unanimously approved a motion acknowledging their willingness to assume the management of the CBF for
The Fillmore Miami Beach at the Jackie Gleason Theater, should the Commission elect to assign this program
Advisory Board Recommendation:
Neighborhoods and Community Affairs Committee reviewed the matter on September 19, 2007. The
Committee recommended in favor of assigning the powers and duties to the CAC. The CAC considered and
approved this at their meeting of September 7, 2007.
Financial Information:
Source of Amount Account
Funds: 1 N/A
2
3
OBPI Total
Financial Impact Summary: The proposed Ordinance amendment is not expected to have any fiscal
im act.
Ci Clerk's Office Le islative Trackin
Max A. Sklar, Tourism and Cultural Development Director
Agenda Item l~Sg
A A I A A A l n r A /~ i ~ Date ! 2-! Z-y~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City C mission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 12, 2007 S OND READING PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING CHAPTER 2 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, ENTITLED "ADMINISTRATION," BY
AMENDING ARTICLE III THEREOF, ENTITLED "AGENCIES, BOARDS AND
COMMITTEES," BY AMENDING DIVISION 6 THEREOF, ENTITLED"
CULTURAL ARTS COUNCIL," BY AMENDING SECTION 2-58; AND CREATING
NEW SECTIONS 2-58(A) AND 2-58(B); AND FURTHER AMENDING DIVISION 5
THEREOF, ENTITLED "CONVENTION CENTER ADVISORY BOARD," BY
AMENDING SECTIONS 2-46(B) AND 2-46(C)(1) AND 2-46(C)(9) AND 2-46(F);
SAID AMENDMENTS RELATED TO REMOVING THE COMMUNITY BENEFIT
FUND AND THE JACKIE GLEASON THEATER FROM POWERS AND DUTIES
OF THE CONVENTION CENTER ADVISORY BOARD; SAID AMENDMENTS
RELATED TO THE POWERS AND DUTIES OF THE COMMUNITY BENEFIT
FUND; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
The Administration recommends in favor of the subject ordinance amendments that transfer
the powers and duties of the Community Benefit Fund to the Cultural Arts Council from the
Convention Center Advisory Board.
ANALYSIS:
In 1983, pursuant to Resolution 83-17447, the City established a $1.00 surcharge on all
tickets sold at the Jackie Gleason Theater of the Performing Arts (JGT), to provide better
access to cultural programming for its senior citizen population. Such surcharge was to be
deposited in a fund administered by the Community Benefit Committee of the City of Miami
Beach, said committee having been created pursuant to the same Resolution. The monies
in this fund are used to subsidize not less than 50°/o of the cost of theater tickets up to a face
value of $35.00, for senior citizen residents of the City of Miami Beach. Pursuant to
Resolution 93-20871, accounting and management of the fund was assigned to SMG, the
City's managing agent for the JGT. In 1998, the Community Benefit Committee (CBC)
sunseted and the City Commission assigned its duties, including policy administration of the
Community Benefit Fund (CBF), to the Miami Beach Convention Center Advisory Board
(CCAB). Subsequent to its original formation, actions by the CBC, CCAB and City
Commission, including Resolution No. 97-22543, increased the level of subsidy to 80°/a of
face value up to $35.00. Historically, users of the JGT have provided a minimum of sixty
(60) and a maximum of eighty (80) tickets per performance for sale to senior citizens and
students, whom have been included in subsequent actions expanding the availability of the
reduced price tickets.
Due to concerns over the declining balance of the fund, and in an effort to ensure the
continuing viability of the program, on June 9, 2004 the City Commission approved
Resolution 2004-25583, revising the subsidy of these tickets from 80% to 71 % (allowing for
rounding to the nearest $1.00) of face value up to $35.00, and to raise the surcharge on
tickets from the original $1.00 per ticket up to $1.50 per ticket.
As you know, on May 16, 2007, the City Commission approved a Management Agreement
with Live Nation for the Jackie Gleason Theater. That Agreement stipulates that Live Nation
will continue the current Community Benefit Fund discounted ticket program. Live Nation will
continue to collect the surcharge and pay amounts collected to the City on a monthly basis
for deposit into the Fund. Live Nation will also continue to make available the discount ticket
program for senior citizen and student residents of the City for any events which are open to
the general public. Furthermore, the CBF will also be used to subsidize rent for twelve (12)
events per year for not-for-profit community groups that wish to book the Fillmore Miami
Beach at the Jackie Gleason Theater.
Since 1998, the powers and duties of the CBF were assigned to the Convention Center
Advisory Board (CCAB), primarily due to the fact that the Jackie Gleason Theater and Miami
Beach Convention Center were both managed by SMG. In light of the management change
at the Jackie Gleason Theater and the fact that the CCAB's role is the oversight of the Miami
Beach Convention Center, the Administration is recommending that the Commission
consider transferring the oversight of the CBF from the CCAB to the Cultural Arts Council
(CAC), as the CAC is the City's arts and culture advisory board. The CAC's insight and input
would be especially helpful given the set number of dates (12) that a waiver would be
possible.
This matter was also referred to the CAC for their review and consideration. In particular, the
CAC was asked for feedback on the concept of the CAC assuming the task of reviewing
waiver requests for the Fillmore Miami Beach at the Jackie Gleason Theater. As was
explained to the CAC, they would follow the established process to facilitate their
consideration of requests for waivers. At their meeting of September 7, 2007, the CAC
unanimously approved a motion acknowledging their willingness to assume the
management of the CBF for The Fillmore Miami Beach at the Jackie Gleason Theater,
should the Commission elect to assign this program to the CAC for their oversight.
On September 19, 2007, the Neighborhoods and Community Affairs Committee met and
passed a motion recommending in favor of assigning the powers and duties of the
Community Benefit Fund to the Cultural Arts Council. The City Commission approved this
item on first reading at the October 17, 2007 City Commission Meeting.
CONCLUSION:
The Administration recommends in favor of the subject ordinance amendment which assigns
the powers and duties of the Community Benefit Fund to the Cultural Arts Council.
T:\AGENDA\2007\dec1207\Regular\CAC Ord Amend Memo.doc
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEHEBtl given that a second reading and public hearings will be held by the Mayor and City Commission of the Cit; of
Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. on
Wednesday, December 12, 2007, to consider the following:
10:20 a.m.
An Ordinance Amending Chapter 2 0f The Code Oi The City Of Miami Beach, Florida, Entitled "Administration.' By Amending
Article III Thereof, Entitled "Agencies, Boards And Committees," By Amending Division 6 Thereof, Entitled "Cultural Arts Council,'
By Amending Section 2-58; And Creating New Sections 2-58(A) And 2-58(B); Said Amendments Related To Assigning The Powers
And Duties Of The Community Benefit Fund To The Miami Beach Guttural Arts Council.
Inquiries may be directed to the Tourism and Cultural Development at (305) 673-7577.
10:20 a.m.
An Ordinance Amending Chapter 2 of the Code of the City Of Miami Beach, Florida, Entitled "Administration," By Amending Article
III Thereof, Entitled "Agencies, Boards And Committees," By Amending Division 5 Thereof, Entitled "Convention Center Advisory
Board," By Amending Sections 2-46(B) And 2-46(C)(1) And 2-46(C)(9) And 2-46(F); Said Amendments Related To Removing The
Jackie Gleason Theater Of Performing Arts. (Now The "The Filmore Miami Beach At The Jackie Gleason Theater") From The Powers
And Duties Of The Board And, Further, Removing The Powers And Duties Of The Community Benefit fund From The Powers And
Duties Of The Convention Center Advisory Board. '
Inquiries may be directed to the Tourism and Cuhural Development at (305) 673-7577.
10:30 a.m.
An Ordinance Amending Chapter 82 Of The Miami Beach City Code, Entitled "Public Property," By Amending Article I, Entitled "In
General,"By Amending Section 82-4 - 82-5, Enttled "Reserved," 8y Amending Section 82-4 To Prohibit Fonds Corrtaining ArtHicial
Trans Fat In Vending Machines On City Property And In Concession Facilities Subject To Concession Or Management Agreements
Wfth The City.
Inquiries may be directed to the Legal Department at (305) 673-7470.
10:31 a,m.
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, "Traffic And Vehicles" Article II.
"Metered Parking" By Amending Sections 106-55, "Parking Rates, Fees, And Penalties; Creating A New Subsection (N) Therein
Entitled "Hybrid/ILEV (Inherentry Low Emissions Vehicles) Vehicles Incentives.
Inquiries may be directed to the Parking Department at (305) 673-7275.
10:35 a.m.
An Ordinance Amending Sections 18-901-18-910, Enttled Street Performers And Art Vendors; Authorizing Street Performers And
Artist Vendors To Use Portable Tables On Ocean Drive Following Receipt Of A Permit Subject To Certain Conditions And Permit
Fees; Prohibiting Spray Pairding And Airbrushing; Providing Definltions, Setting Forth Terms, Conditions And Regulations For
Permits Issued To Street Vendors Performers And Artist Vendors; Providing For Enforcement, Suspension Or Revocation.
Inquiries may be directed to the Neighborhood Services Department at (305) 673-7077.
10:40 a.m.
An Ordinance Deleting The language In Sections 82-366 Through 82-388 (The City's Sidewalk Cafe Ordinance) In hs Entirety, And
Replacing lt Wfth New Language In Said Sections 82-366 Through 82-385, Adopting And Incorporating The City's New Sidewalk
Cafe Ordinance.
Inquiries may be directed to the Public Works Department at (305) 673-7080.
11:00 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Ot Miami Beach, By Amending Chapter 142,
"Zoning Districts And Regulations," Article II, "District Regulations," By Amending Division 3, "Residential Muhrfamily Districts."
By Amending Subdivision V, "RM-3 Residential Multifamily High Intensity," To Mod'dy The Maximum Building Height Requirements
For Oceanfront Properties Located In Historic Districts.
Inquiries may be directed to the Planning Department at (305) 673-7550.
11:00 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142,
"Zoning Districts And Regulations," Article II, "District Regulations," By Amending Division 3, "Residential Multifamily Districts,"
By Amending Subdivision V, "RM-3 Residential Muttrfamity Nigh IMenstty," To Modify The Maximum Building Height Requirements
For Properties Located In The Architectural District.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invfted 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 Officr„
1700 Convention Center Drive, 1st Floor, City Hall, and' Miami Beach, Florida 33139. This meeting may be continued and under
such circumstances additional legal notice would not be provided.
Robert E. Percher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stet., the City hereby advises the public that: lt a person decides to appeal any decision made
by the City Commission with respect to any matter considered at its meeting or its 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 lt authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language Interpreters, irdormation on access for persons with disabilities, and!
or any accommodation to review any documerd or part~ipefe In any city-s neared proceeding, please contact (305) 604-2489
Ad~cae)~, (3(305)673-7218(T'fY) five days in advance to inftiate your request. TTY users may also call 711 (Florida Relay Service),
i. m
MIAMIBEACH