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20081007con_title City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive Tuesday, October 7, 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 October 7, 2008 City of Miami Beach Presentations and Awards PA1 Certificates Of Recognition To The Following Miami Beach Public Schools And Their Principals: Biscayne Elementary, North Beach Elementary, South Pointe Elementary, Feinberg/Fisher K-8 Center, Nautilus Middle School And Miami Beach Senior High For A Fantastic Achievement On The 2008 FCAT Score. (Page 1) (Requested by Mayor Matti Herrera Bower) PA2 Certificate Of Recognition To "Tapas & Tintos Bar" For Their Delicious Wine, Tapas, Main Courses, Live Entertainment, And Moderate Prices Offered Every Night To Our Residents And Visitors. (Requested by Mayor Matti Herrera Bower) PA3 Proclamation Recognizing The Month Of October As National Arts And Humanities Month. (Requested by Mayor Matti Herrera Bower) PA4 Proclamation Recognizing Vice Mayor Richard L. Steinberg For His Dedication And Service To The City Of Miami Beach. (Requested by Mayor Matti Herrera Bower) PA5 Certificate Of Appreciation To Bay Drive West, A Newly Formed Homeowners Association. (Requested by Commissioner Jerry Libbin) PA6 Keys To The City To City Employees Char Rodriguez And Victor Rybalka, For Their Service In The War. (Requested by Commissioner Jerry Libbin) Consent Agenda October 7, 2008 City of Miami Beach CONSENT AGENDA Action: Moved: Seconded: Vote: C2 - Competitive Bid Reports C2A Request For Approval To Issue A Request For Proposals (RFP) For Community Satisfaction Survey Services. (Page 2) (Budget and Performance Improvement) C2B Request For Approval To Issue A Request For Proposals (RFP) To Select A Qualified Financial Institution To Provide A Revolving Bank Line Of Credit For Capital Improvements Projects Related To The City’s Stormwater Utility System. (Page 7) (Finance Department) C2C Request For Approval To Issue A Request For Proposals (RFP) To Select A Qualified Financial Institution To Provide A Revolving Bank Line Of Credit For Capital Improvements Projects Related To The City’s Water/Sewer System. (Page 12) (Finance Department) C2D Request For Approval To Award Contracts To Southland Printing, Toledo Tickets Co., And Rydin Decal For An Estimated Total Annual Amount Of $88,783.20, Pursuant To Invitation To Bid No. 29- 07/08 For The Purchase Of Spitter Tickets, Scratch-Off Hang Tags And Two Parts Tickets. (Page 17) (Parking Department) C2E Request For Approval To Award Contract To Club Car, Inc., Pursuant To Invitation To Bid No. 38- 07/08, For The Lease Of Golf Carts And Other Miscellaneous Golf Equipment/Vehicles, For The Normandy Shores Golf Club, In The Total Amount Of $209,330.28 For A Period Of Thirty-Six (36) Months, With Monthly Installments Of $5,814.73; And The Miami Beach Golf Club, In The Total Amount Of $237,850.20, For A Period Of Thirty-Six (36) Months, With Monthly Installments Of $6,606.95. (Page 20) (Parks and Recreation) Consent Agenda October 7, 2008 City of Miami Beach C4 - Commission Committee Assignments C4A Referral To The Neighborhoods/Community Affairs Committee Of October 22, 2008 – Discussion Regarding Request By Hialeah’s Representative Eddy Gonzalez To Designate 71st Street In Miami Beach As Rosendo Rosell Way. (Page 31) (Requested by Mayor Matti Herrera Bower) C4B Referral to Finance And Citywide Projects Committee – Discuss Construction Of The 23rd Street Parking Garage In The Collins Park Neighborhood. (Page 33) (Requested by Commissioner Jerry Libbin) C4C Referral To The Finance And Citywide Projects Committee To Discuss A Management Agreement With The Boys And Girls Clubs Of Miami-Dade, Inc., To Operate A Children’s Club At Flamingo Park. (Page 35) (City Manager’s Office) C6 - Commission Committee Reports C6A Report Of The Finance And Citywide Projects Committee On August 21, 2008: 1) Police/Fire “Me Too” Clause; 2) A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency, Florida Authorizing The Chairperson And Secretary To Execute A New Retail Lease Agreement With Liquor Lounge Café, Inc. For Suite A In The Anchor Shops Located At 1550 Collins Ave, Miami Beach Florida 33139; Determine Market Rate Per Square Foot And Include A Pass Through Rate Over Base Year And An Annual Increase; 3) Discussion Regarding The Authorization Of A SHIP Program Agreement Between The City And MBCDC To Provide $836,209 Pursuant To The Notice Of Funding Availability For FY 2006/07; 4) Discussion Of Fiscal Year 2007/08 Water Consumption And Fiscal Year 2008/09 Water And Sewer Rates; 5) Discussion Of Fiscal Year 2008/09 Stormwater Rates; 6) Discussion Of An Amendment To Chapter 90 Of The City Code Relative To Franchise Renewal And Recycling; 7) Discussion Regarding A Development Agreement Between The City Of Miami Beach And Berkowitz Development Group, Inc.; 8) Discussion Regarding Contracted Parking Enforcement Services. (Page 37) C6B Report Of The Finance And Citywide Projects Committee Meeting Of September 16, 2008: 1) Discussion Regarding Sunset Islands 1 & 2 Flooding, Drainage, Capital Improvements And Nautilus Neighborhood Flooding Remediation; 2) Discussion On CWA Local 3178’s Request To Include A Drop Plan In Their Collective Bargaining Agreement; 3) Discussion Of Water, Sewer And Stormwater Rates For FY 2009; 4) Discussion Of The Capital Renewal And Replacement Fund Budget And 5) Emergency Discussion Of The South Pointe Master Wastewater Booster Pump Station And The South Pointe Phase II Streetscape Improvements. (Page 51) Consent Agenda October 7, 2008 City of Miami Beach C6 - Commission Committee Reports - Continued C6C Report Of The Capital Improvement Projects Oversight Committee Meeting On September 15, 2008: 1) Items Referred To CIPOC From July 16, 2008 City Commission Meeting; 1a) “Request For Authorization To Award A Contract, Pursuant To Invitation To Bid (ITB) No. 13-07/08; For The South Pointe Phase II Right Of Way Infrastructure Improvements Project, Neighborhood No. 12c, To RIC- Man International, Inc. (RIC-Man), Subject To And Conditioned Upon The Administration Being Able To Negotiate Further With RIC-Man; And Provided Further That, Upon Conclusion Of These Further Negotiations With RIC-Man, The City Manager Will Bring The Bid Back For Consideration By The City Commission, With A Recommendation For Award Of Contract Or For Rejection Of All Bids.”; 1b) Sub- Committee Report: South Pointe Ph. II Right Of Way Infrastructure Improvement Project; 2) Public Comments; 3) Sub-Committee Meeting Reports: 3a) South Pointe Master Booster Pump Station; 3b)Sunset Islands Iⅈ 3c) Normandy Shores Golf Course; 4) Discussion On Placement Of Normandy Shores Entrance Sign At Biarritz And South Shore Drive; 5) Old Business. (Page 59) C6D Report Of The Neighborhoods/Community Affairs Committee Meeting On Wednesday, September 24, 2008: 1) Discussion Regarding A Proposed Amendment To Chapter 18 Article XV Street Performers And Art Vendors On Lincoln Road And Ocean Drive 2) Discussion Of How The City Can Assist Our Elderly Obtain Extra Income Through Part Time Jobs 3) 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 Implement The Use Of Unmanned Cameras/Monitoring Devices For Red Light Violations; Providing Enforcement Procedures, Including Notice, Appeal Hearing, Penalties, The Imposition Of Administrative Charges, And The Collection Thereof; Proving For Exceptions; And Providing For Codification; Severability; Repealer; And An Effective Date 4) Discussion Regarding Resolution 2006-26174 Which Approved The Selection Of A Public Art Commission For South Pointe Park, Entitled “Drift”, And Authorized The Mayor And City Clerk To Execute A Contract With The Artist, Iñigo Manglano-Ovalle, In The Amount of $500,000, For Design, Creation, And Installation Of The Aforestated Work Of Art. (Page 63) C6E Report Of The Land Use And Development Committee Meeting Of September 22, 2008: 1) Short Term/Seasonal Rentals, A. Discussion Regarding The Proposed Ordinance Amendment To The Land Development Regulations Concerning Short Term/Seasonal Rentals In Single Family Districts, B. Discussion Regarding Consideration Of An Ordinance Amendment Of The Land Development Regulations Amending Or Adding New Regulations Concerning Short Term Rentals In Zoning Districts That Do Not Permit Hotels Or Transient Occupancies. 2) Discussion Regarding The Noise Ordinance In Regards To Building Owner Responsibilities And Violation Schedule. 3) Discussion Regarding 39th Street Street-End. 4) Discussion Regarding Mechanical and Robotic Parking Systems. 5) Discussion Of The Ways To Improve The City's Current Board And Committee System. 6) Discussion Pertaining to Ocean Terrace Market – Request For Approval To Issue A Request For Proposals (RFP) For The Management And Operation Of An Outdoor Market On Ocean Terrace. (Page 69) Consent Agenda October 7, 2008 City of Miami Beach C7 - Resolutions C7A A Resolution Electing Commissioner Jonah Wolfson, Group IV As Vice-Mayor For A Term Commencing On November 1, 2008, And Terminating On February 28, 2009 Or On Such Date When A New Vice-Mayor Is Thereafter Elected. (Page 73) (City Clerk’s Office) C7B A Resolution Granting And Authorizing The Mayor And City Clerk To Execute An Easement In Favor Of Florida Power And Light (FPL) For The Placement Of A Switch Cabinet, Two Transformers And Associated Underground Electrical Conduits That Will Serve The 10th Street Auditorium / Beach Patrol Headquarters. (Page 76) (Capital Improvements Office) C7C A Resolution Approving An Assignment To The Existing Professional Services Agreement Between The City Of Miami Beach And BEA International, Inc., To BEA Architects, Inc., For Professional Architectural Between The City And BEA International, Inc. (As Assignor), Dated July 27th, 2005 To BEA Architects Inc. (As Assignee). (Page 81) (Capital Improvement Office) C7D A Resolution Approving And Authorizing The City Manager And City Clerk To Execute An Agreement With The Salvation Army, Inc., In The Amount Of $201,521, For The Provision Of Thirty-One (31) Emergency Shelter Beds For The City’s Homeless Population. (Page 108) (Community & Economic Development) C7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Professional Services Agreement With Emily Aus To Provide Television Production Services, On An As Needed Basis, To Research, Write And Perform Television Programs In Various Formats For MBTV-77, In The Not To Exceed Amount Of $51,000 Commencing Retroactively On October 1, 2008, And Ending On September 30, 2009, With An Option To Renew The Agreement, At The City Manager’s Sole Discretion, For One Additional Year. (Page 135) (Communications) C7F A Resolution Consenting To The Appointment Of Alex Rey As The Director Of The Building Department For The City Of Miami Beach. (Page 142) (Human Resources) C7G A Resolution Approving An Extension Of The Motorola Maintenance And Support Agreement For The Public Safety Computer Aided Dispatch System (CAD), Fire Record Management System (FRMS), And Law Records Manager System (LRMS), Finding Such Extension To Be In The Best Interest Of The City; Said Extension For A Six (6) Month Period, From October 1, 2008, Through March 31, 2009, At A Cost Of $126,000; And Additional Six (6) Months, Not To Exceed $126,000, If The Implementation Of The New World Public Safety Software Systems Are Not Complete, Or The Systems Are Not Fully Functional. (Page 149) (Information Technology Department) Consent Agenda October 7, 2008 City of Miami Beach C7 – Resolutions - Continued C7H A Resolution Approving A Month-To-Month Extension Of The City’s Current Valet Parking Services Agreement (Which Expires On October 31, 2008) With First Class Parking Inc, Upon The Same Terms And Conditions, And Until Such Time As The Competitive Bidding Process Has Concluded And An Agreement With The Successful Proposer/New Vendor Is Executed. (Page 180) (Parking Department) C7I A Resolution Setting A Public Hearing For The November Commission Meeting, For An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Chapter 142, “Zoning Districts And Regulations,” Article II, “District Regulations,” Division 5, CD-2 “Commercial, Medium Intensity District,” Section 142-303, “Conditional Uses,” By Providing For “Warehouses” As An Additional Conditional Use In This Zoning District; And Amending Section 142-302, “Permitted Uses,” By Prohibiting Residential Uses In The CD-2, “Medium Intensity District,” Solely On Property Known As “The South Shore Hospital Site;" And Referring The Matter To The Land Use And Development Committee. (Page 185) (Planning Department) C7J A Resolution Authorizing The City Manager, And City Clerk To Execute A Memorandum Of Understanding Between The City, On Behalf Of The Miami Beach Police Department, And The Metropolitan Police Department Of Washington D.C. To Participate In The Presidential Inauguration Task Force To Provide Crowd Control And Security For The 2009 United States Presidential Inauguration In Washington D.C. On January 20, 2009. (Page 196) (Police Department) C7K A Resolution Authorizing The City Manager And City Clerk To Execute A New Mutual Aid Agreement Between The City Of Miami Beach, On Behalf Of The Miami Beach Police Department And The State Attorney’s Office For The Eleventh Judicial Circuit In And For Miami-Dade County For The Purpose Of Utilizing The South Florida Money Laundering Strike Force To Facilitate State And Local Money Laundering Investigations. (Page 199) (Police Department) C7L A Resolution Adopting And Appropriating Funds From The Police Confiscation Trust Fund Budget For Fiscal Year 2008/09 In The Amount Of $77,895 To Be Funded From The Proceeds Of Federal- Treasury ($227,350) Confiscated Funds. (Page 202) (Police Department) C7M A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Professional Services Agreement With The Corradino Group, Pursuant To Request For Qualifications No. 26-07/08, For The Development And Update Of The Transportation Element Of The City Of Miami Beach Comprehensive Plan In Compliance With The Evaluation And Appraisal Report, In The Amount Of $165,000; And Appropriating $165,000 In FY 2007-08 Concurrency Mitigation (CMF) Funds From North, Middle And South Beach, Respectively. (Page 207) (Public Works) End of Consent Agenda