July16_reg_small
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City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
July 16, 2008
Mayor Matti Herrera Bower
Vice-Mayor Richard L. Steinberg
Commissioner Saul Gross
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
REGULAR AGENDA
R5 - Ordinances
R5A An Ordinance Amending Chapter 106 Of The City Code Entitled “Traffic And Vehicles”; By Amending
Article I, Entitled “In General,” By Amending Section 106-1, Entitled “Definitions,” By Amending The
Definitions Of Bicycle And Bicycle Path; By Amending Section 106-3, Entitled “Vehicles Prohibited
On Portion Of Lincoln Road; Exceptions” By Prohibiting Pedicabs On Portions Of Lincoln Road; By
Creating Article VII, To Be Entitled “Pedicabs,” Of Chapter 106, Entitled “Traffic And Vehicles,” Of
The Miami Beach City Code To Provide Regulations For Pedicabs By Creating Sections 106-262
Through 106-267 To Provide Definitions; Business Tax Receipt Requirements; Regulations
Regarding The Operation Of Pedicabs; Enforcement Provisions; And Fines And Penalties; Providing
For Repealer, Severability, Codification, And An Effective Date. 11:00 a.m. Second Reading Public
Hearing
(Page 303)
(City Manager’s Office)
(First Reading on June 25, 2008)
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code 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 City Attorney.
Regular Agenda, July 16, 2008
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R5 - Ordinances (Continued)
R5B An Ordinance Amending Chapter 46 Of The Miami Beach City Code Entitled “Environment,” By
Amending Article IV Entitled “Noise” By Amending Section 46-157 Entitled “Exemptions” By
Amending The Exemptions In Subsection (4) Relative To Activities On Or In Publicly Owned
Properties And Facilities And Clarifying The Exemption In Subsection (11) Regarding Eastward
Oceanfront Noise; By Amending Section 46-158 Entitled “Enforcement By Code Inspectors; Notice
Of Violation; Warnings” By Amending The Provisions Regarding Warnings In Zoning Districts Other
Than Single Family Zoning Districts And The Responsibility To Provide The Current Addresses Of
Premises Owners And Business Tax Receipt Holders; By Amending Section 46-159 Entitled “Fines
And Penalties For Violation; Appeals; Alternate Means Of Enforcement” By Amending The Period Of
Time For The Resetting Of Fines And Penalties For Violations From 18 To 12 Months; By Creating
Section 46-162 Entitled “Administrative Policies And Procedures” To Authorize The City Manager To
Establish Such Policies And Procedures In Accordance With Article IV And Administrative Guidelines
Approved By Resolution Of The City Commission; By Substituting The New Terminology Of
“Business Tax Receipts” For “Occupation Licenses” Where Appropriate In The Amendments To
Article IV, And Providing For Repealer, Severability, Codification, And An Effective Date. 5:05 p.m.
Second Reading Public Hearing (Page 330)
(City Manager’s Office)
(First Reading on June 25, 2008)
R5C An Ordinance Amending Miami Beach City Charter Section 6.03 “Qualifying” By Changing The
Qualifying Period For The November 4, 2008 City Of Miami Beach Special Election (If Scheduled)
From September 2 Through September 5, 2008 To August 12, 2008 Through August 15, 2008;
Amending Charter Section 6.04 “Vacancy In Candidacy” To Reflect Change In Qualifying Period;
Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
(Page 345)
(Requested by Commissioner Jerry Libbin/City Attorney’s Office)
R5D An Ordinance Amending Chapter 106 Of The City Code Entitled “Traffic And Vehicles”; By Amending
Article X, Entitled “Pedicabs” By Amending Section 106-465 Entitled “Operations” To Require
Pedicab Driver’s Permits And Providing Regulations, Enforcement Provisions, And Fines And
Penalties Relative Thereto And Renumbering The Subsections In Section 106-465, Accordingly;
Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
(Page 351)
(City Manager’s Office)
R7 - Resolutions
R7A A Resolution Approving On First Reading, In Accordance With Chapter 163, Florida Statutes (The
Florida Local Government Development Agreement Act), A Development Agreement Between The
City Of Miami Beach And Berkowitz Development Group, Inc., For The Construction Of Public Right-
Of-Way Infrastructure Improvements, Including Curb, Gutter, Sidewalks And Drainage, On Lenox
Avenue And On Sixth Street. 10:20 a.m. First Reading Public Hearing (Page 364)
(Community & Economic Development)
(Continued from June 25, 2008)
Regular Agenda, July 16, 2008
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R7 - Resolutions (Continued)
R7B A Resolution Approving, On First Reading, A Lease Agreement Between The City And Mystery Park
Arts Company, Inc. (D/B/A Sobe Music Institute), As Top Ranked Proposer Pursuant To Request For
Proposals (RFP) No. 03-07/08, For Use Of The Carl Fisher Clubhouse, Located At 2100 Washington
Avenue, For The Purpose Of Providing Cultural Programming For The Residents Of The City, Said
Lease Having An Initial Term Of One (1) Year, Commencing Retroactively On September 1, 2008,
And Ending On August 31, 2010, With One (1) Additional One (1) Year Renewal Term, At The City’s
Sole Discretion; Further Waiving By 5/7ths Vote, The Appraisal Requirement, As Required By
Section 82-39 Of The Miami Beach City Code, Finding Such Waiver To Be In The Best Interest Of
The City; And Further Setting A Public Hearing On September 10, 2008, For The Second Reading
(And Final Approval) Of The Lease Agreement. First Reading (Page 367)
(Community & Economic Development)
R7C A Resolution Of Authorizing The City Manager, Or His Designee, To Select, Negotiate, Award And
Reject All Bids, Contracts, Agreements, Purchase Orders, Change Orders And Grant Applications;
Renew Existing Contracts Which May Expire; And Terminate Existing Contracts, As Needed, From
The Last Commission Meeting On July 16, 2008, Until The First Regularly Scheduled Meeting On
September 10, 2008, Subject To Ratification By The City Commission At Its First Regularly
Scheduled Meeting On September 10, 2008. Joint City Commission And Redevelopment Agency
(Page 390)
(Procurement)
R7D A Resolution Authorizing The Mayor And The City Clerk To Execute A State Housing Initiatives
Partnership (SHIP) Program Agreement Between The City And Miami Beach Community
Development Corporation, In The Amount Of $836,209 From Fiscal Year 2006/2007, To Continue An
Affordable Housing Rehabilitation Component For The Scattered-Site Home Ownership Program,
Providing Rehabilitation, Down Payment Assistance, And Home Ownership Counseling For Units
Purchased By Eligible Home Buyers, And For The Rehabilitation Of Vacant Multi-Family Buildings
To Be Converted Into Rental Units For Income Eligible Participants Under The Rules Of The Ship
Program And The City’s Local Housing Assistance Plan. (Page 393)
(Community & Economic Development)
R7E A Resolution Adopting Administrative Guidelines For The Administration Of Article IV Entitled “Noise”
Of Chapter 46 Entitled “Environment,” Of The Miami Beach City Code As Provided For In Section 46-
162 Therein. (Page 414)
(City Manager’s Office)
R7F A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For
Proposals (RFP) No. 19-07/08, For The Lease Of The Facility Known As “Colony Theatre Café”
Located At 1040 Lincoln Road; Authorizing The Administration To Enter Into Negotiations With The
City Manager’s Top-Ranked Proposer, Colony Theatre Café Inc., D/B/A Segafredo, And Should The
Administration Not Be Able To Negotiate An Agreement With The Top-Ranked Proposer, Authorizing
The Administration To Negotiate With The Second-Ranked Proposer, South Beach Café, LLC, D/B/A
Touch. (Page 425)
Regular Agenda, July 16, 2008
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(Community & Economic Development)
R7 - Resolutions (Continued)
R7G A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For
Proposals (RFP) No. 04-07/08, For Janitorial Services; Authorizing The Administration To Enter Into
Negotiations With The Following Firms: 1) Vista Building Maintenance Services, Inc., 2) Diamond
Contract Services, Inc., And 3) Omarcio Cleaning Services, Inc.; Further Or Agreements With The
Firm(s) Authorizing The Mayor And City Clerk To Execute An Agreement(s), Upon Conclusion Of
Successful Negotiations, For An Amount Not To Exceed $1,275,771.36 Annually. (Page 462)
(Public Works)
R7H A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For
Proposals (RFP) No. 20-07/08, For The Management And Operation Of The Miami Beach
Convention Center, Colony Theatre And Byron Carlyle Theatre; Authorizing The Administration To
Enter Into Negotiations With The Top-Ranked Firm Of SMG, And Should The Administration Not Be
Able To Negotiate An Agreement With SMG, Authorizing The Administration To Negotiate With The
Second-Ranked Firm, Global Spectrum, L.P. (Page 491)
(Tourism & Cultural Development)
R7I A Resolution Setting The Proposed Millage Rates For Fiscal Year (FY) 2008/09, The Calculated
“Rolled-Back” Rate, And The Date, Time, And Place Of The First Public Hearing; Further Authorizing
The City Manager To Transmit This Information To The Miami-Dade County Property Appraiser In
The Form Required By Section 200.065, Florida Statutes. (Page 506)
(Budget & Performance Improvement)
R7J A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood
Improvement District Setting 1) The Proposed General Operating Millage Rate For The Normandy
Shores Neighborhood Improvement District; 2) The Calculated Rolled-Back Rate; And, 3) The Date,
Time And Place Of The First Public Hearing To Consider The Operating Millage Rate And Budget
For Fiscal Year (FY) 2008/09; Further Authorizing The City Manager To Transmit This Information To
The Miami-Dade County Property Appraiser In The Form Required By Section 200.065, Florida
Statutes.
(Page 533)
(Budget & Performance Improvement)
Regular Agenda, July 16, 2008
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R9 - New Business and Commission Requests
R9A Board And Committee Appointments. (Page 540)
(City Clerk’s Office)
R9A1 Board And Committee Appointments - City Commission Appointments. (Page 546)
(City Clerk’s Office)
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (1:30 p.m.) (Page 558)
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
R9C Discussion Regarding Sunset Islands 1 & 2 Flooding, Drainage, Capital Improvements And Nautilus
Neighborhood Flooding Remediation. (Page 560)
(Requested by Commissioner Edward Tobin)
R9D Discussion Regarding The Status Of Bay Drive Sidewalk And ROW Improvements. (Page 562)
(Requested by Commissioner Jonah Wolfson)
R9E Discussion Regarding The Status Of The Normandy Isle Right-Of-Way Neighborhood Project,
Specifically In The Vicinity Of Maimonides Street/Vichy Drive. (Page 580)
(Requested by Commissioner Jonah Wolfson)
R9F Discussion Regarding A Resolution Adding U.S. Senate Bill S.2279 And U.S. House Of
Representatives Bill H.R. 5979, Also Known As The “International Violence Against Women Act Of
2008,” To The City’s Federal Legislative Agenda; And Further Directing The City’s Federal Lobbyists
To Lobby Congress In Support Of Both Bills. (Page 586)
(Requested by Mayor Matti Herrera Bower)
R9G Discussion Regarding A Resolution Of The Mayor’s Gay Business Development Committee
Recommending That The Mayor And City Commission Urge Miami-Dade County, By And On Behalf
Of Its Consumer Services Department, To Include And Emphasize The City Of Miami Beach Human
Rights Ordinance As Part Of Its Training And Orientation Program For Taxi Cab Drivers Doing
Business In The County, And, In Particular, In The City Of Miami Beach. (Page 590)
(Requested by Mayor Matti Herrera Bower)
R9H Discussion Regarding A Resolution Of The Mayor’s Gay Business Development Committee Urging
The Mayor And The City Commission To Adopt A Resolution And/Or Otherwise Issue A Declaration
Of Policy Opposing “Amendment 2,” Which Will Be Considered By Florida Voters On The November
4, 2007 Election Ballot. (Page 594)
(Requested by Mayor Matti Herrera Bower)
Regular Agenda, July 16, 2008
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R9I Discussion And Referral To The Planning Board And Finance And Citywide Projects Committee -
Mayor’s CANDO Committee’s Proposal For Collins Park. (Page 598)
(Requested by Mayor Matti Herrera Bower)
Reports and Informational Items
A City Attorney’s Status Report. (Page 600)
(City Attorney’s Office)
B Parking Status Report. (Page 604)
(Parking Department)
C Status Report On The Rehabilitation Of The Existing Building And Construction Of The New Fire
Station No. 2. (Page 624)
(Capital Improvement Projects)
D Status Report On The Construction Of The Normandy Shores Golf Course And Facilities.
(Page 626)
(Capital Improvement Projects)
E Status Report On 28th Street Pump Station And 51st Street Pump Station. (Page 628)
(Public Works)
F Informational Report To The Mayor And City Commission, On Federal, State, Miami-Dade County,
U.S. Communities, And All Existing City Contracts For Renewal Or Extensions In The Next 180 Days.
(Page 632)
(Procurement)
End of Regular Agenda