20080910_Con_title We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 10, 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.
Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City Commission
may move any agenda item to the alternate meeting date which will only be held if needed. In addition, the
Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all
agenda items.
Call to Order - 9:00 a.m.
Inspirational Message, Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
Presentations and Awards Regular Agenda
PA Presentations and Awards R2 Competitive Bid Reports
R5 Ordinances
Consent Agenda R7 Resolutions
C2 Competitive Bid Reports R9 New Business and Commission
C4 Commission Committee Assignments R10 City Attorney Reports
C6 Commission Committee Reports
C7 Resolutions Reports and Informational Items
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.
Consent Agenda, September 10, 2008
ii
Presentations and Awards
PA1 Certificate Of Recognition To Be Presented To Gabriel Fort In Recognition Of A Perfect Season For
The Miami Beach Rowing Club. (Page 1)
(Requested by Mayor Matti Herrera Bower)
PA2 Certificate Of Recognition To Be Presented To Harold Fort In Recognition Of A Perfect Season For
The Miami Beach Rowing Club.
(Requested by Mayor Matti Herrera Bower)
PA3 Presentation Of Over-Sized Checks From The Dade County Federal Credit Union Executive Vice
President John Holt To The Winners Of Dade County Federal Credit Union Student Essay Contest:
"How Do I Believe My Education Will Contribute To Creating A Better Society."
(Requested by Mayor Matti Herrera Bower)
PA4 Certificates Of Recognition To Be Presented To Lauren Vargas And Jaclyn Duenas, Student Winners
Of Dade County Federal Credit Union Essay Contest: "How Do I Believe My Education Will
Contribute To Creating A Better Society.”
(Requested by Mayor Matti Herrera Bower)
PA5 Certificates Of Recognition To Be Presented To The Following Information Technology Interns:
Melanie Candela, Bryan Matamoros, Carlos Vazquez And Ciara Vazquez Who Contributed
Significantly In Redesigning The Miami Beach Kids Internet Portal "The Zone" During The Summer.
(Requested by Mayor Matti Herrera Bower)
PA6 Key To The City To Be Presented To Zacory Ruiz, In Appreciation For His Military Service In The
U.S. Marines.
(Requested by Commissioner Jerry Libbin)
PA7 Presentation Of Over-Sized Check From The Blue Foundation For A Healthy Florida To UNIDAD Of
Miami Beach, Inc., In The Amount Of $100,000 To Be Used To Support The Miami Beach Children’s
Oral Health Initiative For Low-Income Children.
(Requested by Mayor Matti Herrera Bower)
PA8 Certificate Of Recognition To Be Presented To The Blue Foundation For A Healthy Florida For
Granting The Amount Of $100,000 To Be Used To Support The Miami Beach Children’s Oral Health
Initiative For Low-Income Children.
(Requested by Mayor Matti Herrera Bower)
PA9 Proclamation To Be Presented To Former Miami Beach Commissioner Burnett Roth (Posthumously).
(Requested By Vice-Mayor Richard L. Steinberg)
PA10 Proclamation To Be Presented To Romero Britto For His Sculpture Contribution To The Summer
Olympic Games In Beijing, China. (Page)
Consent Agenda, September 10, 2008
iii
(Requested by Commissioner Jerry Libbin)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Competitive Bid Reports
C2A Request For Approval To Issue A Request For Proposals (RFP) For A Concession Agreement Of A
Shared-Car Program For Residents And Visitors Of The City Of Miami Beach. (Page 3)
(Public Works)
C2B Request For Approval To Issue A Request For Proposals (RFP) For A Concession Agreement For A
Self-Service Bicycle Rental Program For Residents And Visitors Of The City Of Miami Beach.
(Page 10)
(Public Works)
C2C Request For Approval To Award A Contract To Christmas Designers, Inc., Pursuant To Invitation To
Bid (ITB) No. 33-07/08 For Installation, Removal And Storage Of Holiday Decorations For A Not To
Exceed Amount Of $125,000 For Fiscal Year 2008/09; And Further Referring The Matter Of Selecting
What Displays Are To Be Installed With The Funding Available To The Finance And Citywide
Projects Committee For Discussion And Recommendations. (Page 21)
(Parks & Recreation Department)
C4 - Commission Committee Assignments
C4A Referral To The Capital Improvement Projects Oversight Committee - A Report On The Status And
Community Developments Regarding The Stillwater Area Of The Biscayne Point Right Of Way
Improvements Project. (Page 30)
(Capital Improvement Projects)
C4B Referral To The Land Use And Development Committee - Discussion Of An Ordinance Regarding
Green Building Requirements And Procedures And LEED Certification. (Page 32)
(City Manager’s Office)
C4C Referral To The Land Use And Development Committee - Discussion Regarding The Mayor’s
CANDO Committee’s Request For Support Of The Artistic Character Of The CANDO District.
(Page 40)
(Requested by Mayor Matti Herrera Bower)
Consent Agenda, September 10, 2008
iv
C4 - Commission Committee Assignments (Continued)
C4D Referral To The Land Use And Development Committee And The Planning Board For Consideration
Of An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Amending The Land Development Regulations By Amending Or Adding New Regulations
Concerning Short Term Rental Of Multifamily Units In Zoning Districts That Do Not Permit Hotels Or
Transient Occupancies. (Page 42)
(City Attorney’s Office)
C4E Referral To The Neighborhoods/Community Affairs Committee - A Proposed Amendment To Chapter
18 Article XV. Street Performers And Art Vendors On Lincoln Road And Ocean Drive. (Page 44)
(City Manager’s Office)
C4F Referral To The Land Use And Development Committee - Discussion Regarding 39th Street Street-
End. (Page 46)
(Requested by Commissioner Jonah Wolfson)
C4G Referral To The Neighborhoods/Community Affairs Committee - Discussion On Complaints From
Residents Regarding The Towing Companies. (Page 48)
(Requested by Commissioner Jerry Libbin)
C4H Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding An Ordinance
Creating Article XI, To Be Entitled “Dangerous Intersection Safety,” Of Chapter 106, Entitled “Traffic
And Vehicles,” Of The Miami Beach City Code, Providing For Intent And Definitions; Establishing An
Enforcement Program Within The City; Authorizing The City To Permit And Implement The Use Of
Unmanned Cameras/Monitoring Devices For Red Light Violations; Providing Enforcement
Procedures, Including Notice, Appeal Hearings, Penalties, The Imposition Of Administrative Charges,
And The Collection Thereof; Proving For Exceptions; And Providing For Codification; Severability;
Repealer; And An Effective Date. (Page 50)
(Requested by Commissioner Jerry Libbin/City Attorney’s Office)
C4I Referral To The Finance And Citywide Projects Committee To Discuss A Potential Parking Project As
Part Of The North Beach Town Center Plan. (Page 62)
(Requested by Commissioner Saul Gross)
Consent Agenda, September 10, 2008
v
C6 - Commission Committee Reports
C6A Report Of The Special Finance And Citywide Projects Committee Meeting On June 30, 2008: 1)
Capital Projects Priorities Workshop; 2) Discussion Regarding The Capital Improvement Project
(CIP) Department Budget; And 3) Discussion Regarding The Code Compliance Budget. (Page 64)
C6B Report Of The Neighborhoods/Community Affairs Committee Meeting On July 2, 2008: 1) Discussion
On Pedicabs; 2) Discussion Regarding Noise Ordinance Administrative Guidelines; 3) Discussion
Regarding The Shared Car Concept In The City Of Miami Beach; 4) Discussion Of Placing A Tot Lot
On One Of The Biscayne Point Grass Triangles; 5) Discussion Regarding How The City Can Assist
Our Elderly Obtain Extra Income Through Part-Time Jobs; 6) Discussion Regarding An Ordinance
Creating A Standing Committee For Community Sustainability (Green Committee); And 7) Discussion
Regarding Co-Naming Of Streets In Honor Of Fallen Miami Beach Police Officers. (Page 74)
C6C Report Of The Special Finance And Citywide Projects Committee Meeting On July 8, 2008: 1)
Discussion Item: FY 2008/09 Proposed Operating Budget. (Page 82)
C6D Report Of The Finance And Citywide Projects Committee Meeting On July 10, 2008: 1) Discussion
On The South Point Pier; 2) Discussion Regarding The FY 2008/09 Proposed Operating Budget –
Opened And Continued From July 8, 2008; 3) Discussion Regarding The Proposed West Avenue
Bridge Project; And 4) Discussion Regarding A Development Agreement Between The City Of Miami
Beach And Berkowitz Development Group, Inc. (Page 102)
C6E Report Of The Special Neighborhoods/Community Affairs Committee Meeting On July 14, 2008: 1)
Discussion Regarding Proposed Change To The Charter To Require Elections For Any Open Seat
On The Commission That Would Result In A Minimum Of Nine (9) Months Of Unexpired Term
Following The Election; And 2) Discussion Regarding A Charter Amendment That Would Modify Our
Election Process, So As To Eliminate The Group Seats And Have Candidates All Run At Large To
Be Done Either With, Or Without A Runoff. (Page 122)
C6F Report Of The Neighborhoods/Community Affairs Committee Meeting On July 30, 2008: 1)
Discussion Regarding House Bill 7123 Requiring City Facilities Built After July 2008 To Meet
National Standards For Conserving Resources; 2) Discussion Regarding Scooter, Specifically
Regulations For Parking And Noise Management; 3) Discussion Regarding Parking Rates To
Include Citywide Parking Discounts For Residents; 4) Discussion Regarding A Request To Honor
Marvin Green By Placing A Significant Piece Of Artwork In The Ocean Terrace Area, With A Small
Plaque In His Recognition; 5) Consideration Of A Public Art Project By Artist Dan Graham To Be
Commissioned For Placement In The 1100 Block Of Lincoln Road, As Recommended By The Art In
Public Places Committee; And 6) Emergency Item Added: Discussion Regarding Miami-Dade
County Public Schools Consideration Of The Reduction Of The Number Of Class Periods From
Eight To Six. (Page 128)
Consent Agenda, September 10, 2008
vi
C6 - Commission Committee Reports (Continued)
C6G Report Of The Land Use And Development Committee Meeting On August 14, 2008: 1) Discussion
Of The Ways To Improve The City's Current Board And Committee System; 2) Discussion Regarding
Ways To Address Problems Related To Condo Buildings And Elevator Repairs, Breakdowns, Etc.; 3)
Discussion Regarding The Mayor’s CANDO Committee’s Proposal For Collins Park; 4) Mechanical
And Robotic Parking Systems - An Ordinance Amending The Land Development Regulations Of The
City Code By Amending Chapter 130 “Off-Street Parking,” Article II “Districts, Requirements,” By
Creating Section 130-38 “Mechanical And Robotic Parking Systems” To Permit Mechanical Parking
Devices And Robotic Parking Systems To Be Used In Order To Satisfy Parking Requirements:
Providing For Repealer; Codification; Severability And An Effective Date; 5) Discussion Regarding A
Resolution Of The Mayor’s Gay Business Development Committee Recommending That The Mayor
And City Commission Adopt An Amendment To The City Code To Permit And Allow The Display Of
The Rainbow “Pride” Flag As A Cultural Symbol Of Diversity. (Page 136)
C7 - Resolutions
C7A Approval And Authorization Of (4) Professional Service Agreements (Page 140)
1. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A
Professional Services Agreement With Guardian Quest, To Provide Citywide Training
Services On An ‘As Needed’ Basis For Ethics, Diversity, Sexual Harassment, Customer
Service And Teambuilding, For The Fiscal Year 2008/2009, In The Amount Of $40,000, With
The Option, At The City's Sole Discretion, To Extend Said Agreement For One Additional
Year, Contingent Upon Funding Availability.
2. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A
Professional Services Agreement With Nugrowth Partners, To Provide Citywide Training
Services On An ‘As Needed’ Basis For Ethics, Diversity, Sexual Harassment, Customer
Service And Teambuilding, For The Fiscal Year 2008/2009, In The Amount Of $40,000, With
The Option, At The City's Sole Discretion, To Extend Said Agreement For One Additional
Year, Contingent Upon Funding Availability.
3. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A
Professional Services Agreement With Barry University, To Provide Citywide Training
Services On An ‘As Needed’ Basis For Ethics and Diversity, For The Fiscal Year 2008 /2009,
In The Amount Of $30,000, With The Option, At The City's Sole Discretion, To Extend Said
Agreement For One Additional Year, Contingent Upon Funding Availability.
4. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A
Professional Services Agreement With Influens, To Provide Citywide Training Services On An
‘As Needed’ Basis For Sexual Harassment and Focus Group Sessions, For The Fiscal Year
2008/2009, In The Amount Of $30,000, With The Option, At The City's Sole Discretion, To
Extend Said Agreement For One Additional Year, Contingent Upon Funding Availability.
(Budget & Performance Improvement)
Consent Agenda, September 10, 2008
vii
C7 - Resolutions (Continued)
C7B A Resolution Retroactively Approving And Authorizing The City Manager Or His Designee To Submit
The Following Grant Funding Requests: 1) The State Of Florida Cultural Facilities Grant Program,
For Funding, In The Amount Of $500,000, For Renovation Of The North Shore Band Shell Facility; 2)
United States Golf Association (USGA), For Funding, In An Amount Not To Exceed $15,000, For A
Youth Golf Clinic At Normandy Shores Golf Club; 3) The Edward Byrne Memorial Justice Assistance
Grant Program, For Funding, In An Amount Not To Exceed $38,000, For The City’s Technology
Needs; 4) State Of Florida E911 Grant Program, For Funding, In An Amount Not To Exceed
$1,000,000, For 911 Equipment; 5) Miami-Dade County, For Funding, In An Amount Not To Exceed
$64,000, For The City’s Homeless Outreach Program; 6) Burger King Foundation, For Funding, In An
Amount Not To Exceed $14,000, For Food Assistance For Families, Elder Residents And Youth In
Our Community; 7) U.S. Department Of Justice Child Sexual Predator Program, In The Amount Of
$500,000, For Community Oriented Policing Services; 8) National Endowment For The Arts, In An
Amount Not To Exceed $150,000, For The City’s Sleepless Night 2009 Event; And, 9) Barbara Bush
Foundation For Family Literacy Program, For An Early Childhood Literacy Program, In An Amount
Not To Exceed $65,000; Further Appropriating All The Above Grants And Matching Funds, If
Approved And Accepted By The City; And Authorizing The Execution Of All Necessary Documents
Related To These Applications By The City Manager Or His Designee. (Page 147)
(Budget & Performance Improvement)
C7C A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For
Qualifications (RFQ) No. 36-07/08, For Planning, Architectural, Engineering And Landscape
Architectural Services In Connection With The Planning, Design, Bid And Award, And Construction
Administration Services At A Cost Not To Exceed $125,000 For Certain Landscape Improvements To
The Miami Beach Botanical Garden Project; With Funding Provided From The Previously
Appropriated Series 2000 General Obligation Bond Fund 383; And Authorize The Administration To
Enter Into Negotiations With The Top-Ranked Firm, Raymond Jungles; Should The Administration
Not Be Able To Successfully Negotiate An Agreement With The Top-Ranked Firm, Authorizing The
Administration To Negotiate With The Second-Ranked Firm, Savino & Miller; And Should The
Administration Not Be Able To Negotiate An Agreement With The Second-Ranked Firm, Authorizing
The Administration To Negotiate An Agreement With The Third-Ranked Firm Of Arquitectonica;
Further Authorizing The Mayor And City Clerk To Execute An Agreement, Upon Conclusion Of
Successful Negotiations. (Page 160)
(Capital Improvement Projects)
C7D A Resolution Adopting The Certificate Of The Results Of The August 26, 2008 Special Election For
The City Of Miami Beach, And Declaring Results Thereof. (Page 169)
(City Attorney’s Office/City Clerk’s Office)
C7E A Resolution Accepting The Recommendation Of The City Manager Pursuant To Request For
Proposals (RFP) No. 27-07/08 For The Provision Of Governmental Consulting Services In
Tallahassee, Florida; Authorizing The Administration To Enter Into Negotiations With Rutledge,
Ecenia & Purnell, P.A., Gomez Barker Associates, Inc., And Robert M. Levy Associates, Inc.; And
Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon The Completion Of
Successful Negotiations By The Administration. (Page 175)
Consent Agenda, September 10, 2008
viii
(Community & Economic Development)
C7 - Resolutions (Continued)
C7F A Resolution Ratifying The Predevelopment Agreement Dated August 18, 2008 Between The City Of
Miami Beach And SRC Properties Regarding The Sharing Of Approved Predevelopment Costs
Related To The Development Of A Public Parking Garage On Purdy Avenue; Further Appropriating
Funds In The Amount Of $108,000 From Parking Operations Fund 480. (Page 190)
(Community & Economic Development)
C7G A Resolution Approving And Adopting An Amendment To The Local Housing Assistance Plan In
Substantially The Attached Form, For The State Housing Initiatives Partnership (SHIP) Program For
Fiscal Years 2007/08, 2008/09, And 2009/10, To Increase The Maximum Award From $40,000 To
$60,000 For Very Low And Low-Income Sub-Recipients, And To Incorporate A New Strategy For
Disaster Mitigation, As Required By State Rule 67-37-005, To Provide Assistance To Very Low, Low,
And Moderate-Income Households Following A Natural Disaster; And Authorizing The Necessary
Certifications By The Mayor And The City Clerk; And Authorizing Submission Of The Amendment To
The Local Housing Assistance Plan For Review And Approval By The Florida Housing Finance
Corporation. (Page 203)
(Housing & Community Development)
C7H A Resolution Approving And Authorizing The City Manager To Issue Certifications Of Consistency
With The City's Consolidated Plan For The Renewal Of Ongoing Funding From The U.S. Department
Of Housing And Urban Development (HUD) Through The Miami-Dade County Homeless Trust
(Trust) To Apply To The Following: A Certification Of Consistency To The City’s Office Of Community
Services To Continue Providing Supportive Services To Homeless Persons In Miami Beach; Two (2)
Certifications Of Consistency To Carrfour Supportive Services To Continue Providing Permanent
Supportive Services To 48 Formerly Homeless Residents Of The Harding Village Building, And To
Continue Providing Transitional Supportive Services To 24 Formerly Homeless Residents Of The
Harding Village Building; Five (5) Certifications Of Consistency To Douglas Gardens Community
Health Center Of Miami Beach, Inc. To Continue Providing Housing To Formerly Homeless Persons
With Disabilities At The Mayfair Residence, To Continue Providing Case Management Services And
Transitional Housing To Victims Of Domestic Violence Who Have Become Homeless At Successful
Investments, To Continue Operating Two Scattered Site Housing Programs At Another Chance And
My Choice, And To Continue Providing Supportive Services To Formerly Homeless Persons With
Disabilities Extra Help. (Page 232)
(Housing & Community Development)
C7I A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Memorandum Of
Agreement (MOA), With The Florida Department Of Transportation (FDOT) For The Turf And
Landscape Maintenance Services On I-195 (Julia Tuttle Causeway), From The East Side Of The
Intracoastal Bridge To Alton Road, At The Annual Cost Of $150,000 To Be Paid To The City Of
Miami Beach By The Florida Department Of Transportation; Said Agreement Commencing On
October 16, 2008, And Concluding On October 17, 2009, With An Option To Renew For Two Years,
On A Year-To-Year Basis. (Page 241)
(Parks & Recreation)
Consent Agenda, September 10, 2008
ix
C7 - Resolutions (Continued)
C7J A Resolution Authorizing The Accepting The Donation Of Five (5) Coconut Palms And Three (3) Key
Thatch Palms From 100 Ocean Investments, L.L.C., Said Palms Will Be Relocated From The Apple
Hotel Property Located At 100 Ocean Drive To A Single Location On City Property To Be Determined
By The City With All Cost To Remove, Relocate, Transplant And Maintain The Palms Until
Established To Be The Responsibility Of 100 Ocean Investments, L.L.C. (Page 258)
(Parks & Recreation)
C7K A Resolution Authorizing The City Manager And City Clerk To Execute Voluntary Cooperation And
Operational Assistance Mutual Aid Agreements With The Following Governmental Agencies: 1)
Village Of Bal Harbour; 2) Town Of Bay Harbor Islands; 3) Village Of Biscayne Park; 4) City Of Coral
Gables; 5) City Of Hialeah Gardens; 6) Town Of Medley; 7) City Of Miami Springs; And 8) City Of
Opa-Locka, Florida, For The Purpose Of Coordinating Law Enforcement Planning, Operations, And
Mutual Aid Benefit Between The City Of Miami Beach And The Village Of Bal Harbour, Town Of Bay
Harbor Islands, Village Of Biscayne Park, City Of Coral Gables, City Of Hialeah Gardens, Town Of
Medley, City Of Miami Springs And City Of Opa-Locka, Florida. (Page 263)
(Police Department)
C7L A Resolution Approving And Accepting An Easement Between The City, As Grantee, And The
Housing Authority Of The City Of Miami Beach (Housing Authority), As Grantor, For An
Approximately 8.6 Foot Wide Strip Of Land Abutting The West Side Of Alton Road At The Rebecca
Towers Property, 150 Alton Road, Miami Beach, Florida, (Said Easement Area As Further
Specifically Delineated In Attachment "1" To This Resolution); Said Easement Required By The City
For The Purpose Of Designing, Constructing, And Maintaining A New Bus Shelter. (Page
268)
(Public Works)
C7M A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For
Qualifications (RFQ) No. 31-07/08, For The Design Of A Miami Beach Convention Center Campus
Master Plan; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm
Of Arquitectonica, And Should The Administration Not Be Able To Negotiate An Agreement With The
Top-Ranked Firm, Authorizing The Administration To Negotiate With The Second-Ranked Firm Of
Spillis Candela & Partners Inc. D.B.A. Spillis Candela DMJM; And Should The Administration Not Be
Able To Negotiate An Agreement With The Second-Ranked Firm, Authorizing The Administration To
Negotiate An Agreement With The Third-Ranked Firm Of TVS Florida, Inc., Architecture, Further
Authorizing The Mayor And City Clerk To Execute An Agreement, Upon Conclusion Of Successful
Negotiations. (Page 275)
(Tourism & Cultural Development)
End of Consent Agenda