A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE OCEAN DRIVE ASSOCIATION'S REQUEST FOR A CONTRIBUTION, IN THE AMOUNT OF $15,000.00, TO FUND THE FIREWORKS DISPLAY IN LUMMUS PARK FOR THE ANNUAL 4TH OF JULY CELEBRATION, AND AUTHORIZING THE CITY ADMINISTRATION TO ALLOCATE $15,000.00 IN FURTHERANCE OF AND CONSISTENT WITH THE PURPOSE OF THE AFORESTATED EVENT.

COMPREHENSIVE PLAN AMENDMENT - PORTIONS OF OCEAN TERRACE AND 75TH STREET

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE CITY OF MIAMI BEACH 2025 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY PURSUANT TO SECTION 118-166 OF THE CITY CODE, AND PURSUANT TO SECTIONS 163.3181 AND SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FOR A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE OCEAN TERRACE RIGHT OF WAY (BETWEEN THE CENTERLINE OF 74TH STREET AND THE NORTHERN RIGHT OF WAY LINE OF 75TH STREET AS SHOWN ON THE PLAT OF THE TOWNSITE OF HARDING, RECORDED IN PLAT BOOK 34, PAGE 4 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY), AND LOCATED IN THE 75TH STREET RIGHT OF WAY BETWEEN OCEAN TERRACE AND COLLINS AVENUE, AND WHICH IS COMPRISED OF LESS THAN 10 ACRES, FROM THE CURRENT DESIGNATIONS OF PF, "PUBLIC FACILITY," AND ROS, "RECREATION AND OPEN SPACE," TO THE FUTURE LAND USE CATEGORIES OF CD-2, "COMMERCIAL MEDIUM INTENSITY," AND MXE, "MIXED-USE ENTERTAINMENT"; AND PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

REZONING - PORTIONS OF OCEAN TERRACE AND 75TH STREET

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, CONSISTENT WITH THE REQUIREMENTS OF CITY CODE SECTION 142-72, "DISTRICT MAP," AND PURSUANT TO CITY CODE SECTION 118-162, "PETITIONS FOR CHANGES AND AMENDMENTS," BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE OCEAN TERRACE RIGHT OF WAY (BETWEEN THE CENTERLINE OF 74TH STREET AND THE NORTHERN RIGHT OF WAY LINE OF 75TH STREET AS SHOWN ON THE PLAT OF THE TOWNSITE OF HARDING, RECORDED IN PLAT BOOK 34, PAGE 4 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY), AND LOCATED IN THE 75TH STREET RIGHT OF WAY BETWEEN OCEAN TERRACE AND COLLINS AVENUE, AND WHICH IS COMPRISED OF LESS THAN 10 ACRES, FROM THE CURRENT ZONING CLASSIFICATION OF GU, "GOVERNMENT USE DISTRICT," TO CD-2, "COMMERCIAL MEDIUM INTENSITY DISTRICT," AND MXE, "MIXED-USE ENTERTAINMENT," AND EXTENDING THE BOUNDARY OF THE OCEAN TERRACE OVERLAY ZONE TO ENCOMPASS SAID PARCEL OF LAND; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “ENVIRONMENT,” BY CREATING ARTICLE VIII, TO BE ENTITLED “SALE OR USE RESTRICTIONS FOR SINGLE-USE PLASTIC BEVERAGE STRAWS AND SINGLE-USE PLASTIC STIRRERS,” TO ESTABLISH REGULATIONS FOR THE SALE AND USE OF SINGLE-USE PLASTIC BEVERAGE STRAWS AND SINGLE-USE PLASTIC STIRRERS, AND TO PROVIDE FOR ENFORCEMENT, PENALTIES, AND WAIVERS FOR FINANCIAL HARDSHIP; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

1.  A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, TO CONSIDER APPROVAL, FOLLOWING FIRST READING/PUBLIC HEARING, OF A DEVELOPMENT AGREEMENT AS AUTHORIZED UNDER SECTION 118-4 OF THE CITY CODE, AND SECTIONS 163.3220 – 163.3243, FLORIDA STATUTES, BETWEEN THE CITY AND 7400 OCEAN TERRACE, LLC, 7410 OCEAN TERRACE, LLC, 7420 OCEAN TERRACE INVESTMENT, LLC, 7436 OCEAN TERRACE, LLC, 7450 OCEAN TERRACE, LLC, 7441 COLLINS AVENUE INVESTMENT, LLC, 7439 COLLINS AVENUE INVESTMENT, LLC, 7433 COLLINS AVENUE INVESTMENT, LLC, 7421 COLLINS AVENUE INVESTMENT, LLC AND 7409 COLLINS AVENUE INVESTMENT, LLC (COLLECTIVELY, THE “DEVELOPER”), WHICH DEVELOPMENT AGREEMENT: (1) DELINEATES CONDITIONS FOR THE DEVELOPMENT OF THE PROPERTIES LOCATED AT 7409, 7421, 7433, 7435, 7437, 7439, 7441, AND 7449 COLLINS AVENUE, AND 7400, 7410, 7420, 7430, 7436, AND 7450 OCEAN TERRACE (COLLECTIVELY, THE “DEVELOPMENT SITE”), WITH SUCH DEVELOPMENT SITE TO BE DEVELOPED IN ACCORDANCE WITH THE REQUIREMENTS OF THE CITY’S OCEAN TERRACE OVERLAY DISTRICT, AS SET FORTH IN SECTIONS 142-870 AND 142-870.1 OF THE CITY CODE; (2) MEMORIALIZES THE CONDITIONS FOR VACATING THE CITY’S RIGHT-OF-WAY AT OCEAN TERRACE, BETWEEN 74TH STREET AND 75TH STREET, AS WELL AS PORTIONS OF 74TH STREET AND 75TH STREET, BETWEEN OCEAN TERRACE AND COLLINS AVENUE (COLLECTIVELY, THE “CITY RIGHT-OF-WAY AREAS”); (3) GRANTS TO THE CITY A PERPETUAL ROADWAY EASEMENT ACROSS THE VACATED CITY RIGHT-OF-WAY AREAS FOR UTILITIES AND PUBLIC VEHICULAR AND PEDESTRIAN USE AND ACCESS; (4) PROVIDES FOR THE DEVELOPER’S DESIGN  AND CONSTRUCTION OF CERTAIN PUBLIC PARK AND STREETSCAPE IMPROVEMENTS IN THE VICINITY OF OCEAN TERRACE, BETWEEN 73RD STREET AND 75TH STREET, AT DEVELOPER’S COST AND EXPENSE (WITH THE EXCEPTION OF CERTAIN CITY FEES); AND (5) WITH THE FOREGOING SUBJECT TO AND CONTINGENT UPON DEVELOPER’S SATISFACTION OF THE CONDITIONS SET FORTH IN THE DEVELOPMENT AGREEMENT AND THE CITY COMMISSION’S VACATION OF THE CITY RIGHT-OF-WAY AREAS AND ENACTMENT OF CERTAIN AMENDMENTS TO THE CITY’S FUTURE LAND USE MAP AND ZONING MAP, AT ITS SOLE DISCRETION; AND FURTHER, SETTING THE SECOND AND FINAL READING OF THE DEVELOPMENT AGREEMENT FOR A TIME CERTAIN.

2.  A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, ON FIRST READING OF THIS RESOLUTION, THE VACATION OF THAT PORTION OF (1) OCEAN TERRACE, BETWEEN THE CENTERLINE OF 74th STREET AND THE NORTHERN RIGHT-OF-WAY LINE OF 75th STREET, WHICH CONSISTS OF A 60-FOOT WIDE RIGHT-OF-WAY CONTAINING APPROXIMATELY 25,200 SQUARE FEET IN TOTAL LOT AREA; (2) THE NORTH HALF OF 74th STREET, BETWEEN OCEAN TERRACE AND COLLINS AVENUE, WHICH CONSISTS OF A 30-FOOT WIDE RIGHT-OF-WAY CONTAINING APPROXIMATELY 8,880 SQUARE FEET IN TOTAL LOT AREA; AND (3) A PORTION OF 75th STREET, BETWEEN OCEAN TERRACE AND COLLINS AVENUE, WHICH CONSISTS OF A 40-FOOT WIDE RIGHT-OF-WAY CONTAINING APPROXIMATELY 11,840 SQUARE FEET IN TOTAL LOT AREA (COLLECTIVELY, THE “CITY RIGHT-OF-WAY AREAS”), IN FAVOR OF THE ABUTTING PROPERTY OWNERS, 7400 OCEAN TERRACE, LLC, 7410 OCEAN TERRACE, LLC, 7420 OCEAN TERRACE INVESTMENT, LLC, 7436 OCEAN TERRACE, LLC, 7450 OCEAN TERRACE, LLC, AND 7441 COLLINS AVENUE INVESTMENT, LLC (COLLECTIVELY, THE “DEVELOPER”) AND G & V REALTY, LLC, THE OWNER OF 7401 COLLINS AVENUE; CONDITIONING THE VACATION UPON THE CITY COMMISSION’S APPROVAL OF, AND DEVELOPER’S SATISFACTION OF, CERTAIN TERMS AND CONDITIONS, TO BE SET FORTH IN A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, WHICH CONDITIONS SHALL, AMONG OTHER TERMS, REQUIRE THE DEVELOPER TO (1) GRANT TO THE CITY A PERPETUAL UTILITY, ROADWAY AND PEDESTRIAN ACCESS EASEMENT OVER, ACROSS AND UNDER THE CITY RIGHT-OF-WAY AREAS; AND (2) OBLIGATE THE DEVELOPER TO DEVELOP, DESIGN, AND CONSTRUCT, AT THE DEVELOPER’S SOLE COST AND EXPENSE (EXCEPT FOR PAYMENT OF CERTAIN CITY FEES), CERTAIN PUBLIC PARK AND STREETSCAPE IMPROVEMENTS IN THE VICINITY OF OCEAN TERRACE, BETWEEN 73RD STREET AND 75TH STREET, WITH SUCH PUBLIC IMPROVEMENTS HAVING A VALUE OF APPROXIMATELY FIFTEEN MILLION DOLLARS ($15,000,000); FURTHER, WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, PURSUANT TO SECTION 82-38 OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND SETTING THE PUBLIC HEARING, PURSUANT TO SECTION 82-39(A) OF THE CITY CODE, FOR THE SECOND AND FINAL READING OF THE VACATION RESOLUTION.

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, TO CONSIDER APPROVAL, FOLLOWING FIRST READING/PUBLIC HEARING, OF A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT DATED JANUARY 9, 2019, BETWEEN THE CITY AND SOUTH BEACH HEIGHTS I, LLC, 500 ALTON ROAD VENTURES, LLC, 1220 SIXTH, LLC AND KGM EQUITIES, LLC (COLLECTIVELY, THE "DEVELOPER"), AS AUTHORIZED UNDER SECTION 118-4 OF THE CITY CODE, AND SECTIONS 163.3220 - 163.3243, FLORIDA STATUTES, WHICH FIRST AMENDMENT DELINEATES THE TERMS FOR THE DEVELOPER TO DESIGN, PERMIT, AND CONSTRUCT, ON BEHALF OF THE CITY, THE 5TH STREET PEDESTRIAN BRIDGE PROJECT, WHICH SHALL BE CONSTRUCTED WITHIN THE PUBLIC RIGHT OF WAY AREAS LOCATED NORTH AND SOUTH OF THE MACARTHUR CAUSEWAY AT THE ENTRANCE TO THE CITY ALONG THE EASTERN BOUNDARY OF BISCAYNE BAY, AND WHICH PEDESTRIAN BRIDGE SHALL SPAN OVER AND ACROSS (1) THE MACARTHUR CAUSEWAY, TO CONNECT THE BAYWALKS SOUTH OF 5TH STREET WITH THE AREA NORTH OF 5TH STREET, AND (2) WEST AVENUE ALONG 5TH STREET, TO CONNECT TO THE DEVELOPER'S PROPERTY AT THE SOUTHWEST CORNER OF THE 500 BLOCK OF ALTON ROAD (THE "PEDESTRIAN BRIDGE PROJECT"), WITH SUCH PEDESTRIAN BRIDGE PROJECT TO BE OWNED AND MAINTAINED BY THE CITY FOR PUBLIC PURPOSES; AND FURTHER, SETTING THE SECOND AND FINAL READING OF THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR A TIME CERTAIN.

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF CHRISTOPHER SARANDOS AS THE CHIEF INFORMATION OFFICER FOR THE CITY OF MIAMI BEACH.

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR OF THE CITY OF MIAMI BEACH TO TRANSMIT A LETTER TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP"), REQUESTING AN EXTENSION OF THE DEP'S "SPECIAL CONDITION" PERMIT TO RUN CONTINUOUSLY THROUGH OCTOBER 31, 2019, IN ORDER TO ADDRESS THE OVERABUNDANCE OF SEAWEED BEING DEPOSITED ON THE CITY'S BEACHES.

PURSUANT TO §286.011, FLORIDA STATUTES, THE CITY ATTORNEY HEREBY ADVISES THE MAYOR AND CITY COMMISSION THAT HE DESIRES ADVICE CONCERNING THE FOLLOWING PENDING LITIGATION MATTER:

CASE NO. 2011-26116 CA 24

ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE, FL

GENERAL JURISDICTION DIVISION

MIGUEL PEREZ ESCALONA,

PLAINTIFF,

V.

CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA,

DEFENDANT.

THEREFORE, A PRIVATE CLOSED ATTORNEY-CLIENT SESSION WILL BE HELD DURING THE COMMISSION MEETING ON JUNE 26, 2018 AT 4:00 PM 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 ATTEND: MAYOR DAN GELBER; MEMBERS OF THE CITY COMMISSION; MICKY STEINBERG, MICHAEL GONGORA, MARK SAMUELIAN, RICKY ARRIOLA, JOY MALAKOFF, AND JOHN ELIZABETH ALEMAN; CITY MANAGER JIMMY L. MORALES, CITY ATTORNEY RAUL J. AGUILA, CHIEF DEPUTY CITY ATTORNEY ALEKSANDR BOKSNER, AND FIRST ASSISTANT CITY ATTORNEY ROBERT ROSENWALD.