20081105_reg_titles
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
November 5, 2008
Mayor Matti Herrera Bower
Vice-Mayor Jonah Wolfson
Commissioner Saul Gross
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Vacant Seat Group III
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 18 Of The Miami Beach City Code Entitled “Businesses,” By
Amending Article XV Thereof, Entitled “Street Performers And Art Vendors On Lincoln Road And
Ocean Drive,” By Amending Section 18-901 Entitled “Definitions”; By Amending Section 18-902,
Entitled “Intent Of Article,” To Add Collins Avenue, Washington Avenue And The City’s Beachwalks
To The List Of Locations Where The Provisions Of Article XV Apply; By Creating Section 18-903, To
Be Entitled “Artist Vendor Certificate Required,” To Provide Application Requirements, Procedures,
Fees, And Regulations For Artist Vendor Certificates For All Artist Vendors In The City And
Amending And Renumbering Sections 18-903 Through 18-911 Accordingly; By Amending Section
18-904, Entitled “Permit Application,” To Include Collins Avenue, Washington Avenue, And The
City’s Beachwalks As Locations In The City Where Permits Are Required And Amending Permit
Requirements; By Amending Section 18-905, Entitled “Permit Regulations And Prohibitions,” To
Amend The Provisions Relative To Zone Locations And The Regulations Relative To Artist Vendors
And Street Performers; By Amending Section 18-908, Entitled “Disclaimer, Display And Expiration,”
To Amend The Provisions Relative To Artist Vendor Certificates And Permits; By Amending Section
18-909, Entitled “Enforcement, Suspension/Revocation Of Permit,” By Amending The Fines And
Penalties For Artist Vendor Permit And Certificate Holders; By Creating Section 18-912, To Be
Entitled “No Permit Or Certificate; Penalty,” To Provide Penalties For Artist Vendors And Street
Performers Without A Permit Or Certificate; Providing For Repealer, Severability, Codification, And
An Effective Date. 1:20 p.m. Second Reading, Public Hearing. (Page 248)
(City Manager’s Office)
(First Reading on October 7, 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 November 5, 2008 City of Miami Beach
R5 – Ordinances - Continued
R5B An Ordinance Amending Article VI Of The City Code, Entitled "Naming Of Public Facilities And
Establishment Of Monuments Or Memorials"; Amending Section 82-501(c) Thereof, Entitled
"Generally"; Amending Section 82-502 Thereof, Entitled "Definitions"; And Amending Section 82-503
Thereof, Entitled "Naming Of Public Facilities"; Said Amendments Providing And Establishing Criteria
For The Co-Naming Of Streets In The City Of Miami Beach In Honor Of Miami Beach Police Officers
Who Died Or Were Killed In The Line Of Duty; And Providing For Repealer, Severability, And An
Effective Date. 1:15 p.m. Second Reading, Public Hearing. (Page 281)
(Police Department)
(First Reading on October 7, 2008)
R5C An Ordinance Creating Article XI, To Be Entitled “Dangerous Intersection Safety,” Of Chapter 106,
Entitled “Traffic And Vehicles,” Of The Miami Beach City Code, By Creating Sections 106 - 480
Through 106 - 494 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 For Enforcement Procedures And Regulations, Including
Notice, Violations, Vehicle Owner Responsibilities, Appeal Hearings, Penalties, The Imposition Of
Administrative Charges, Fines, And Liens, And The Collection Thereof; Providing For Exceptions;
And Providing For Codification; Severability; Repealer; And An Effective Date. First Reading.
(Page 290)
(Public Works)
R7 - Resolutions
R7A A Resolution Setting The Dates For The Year 2009 City Commission Meetings. Joint City
Commission & Redevelopment Agency. (Page 317)
(City Clerk’s Office)
R7B Resolution Waiving, By 5/7ths Vote, The Competitive Bidding Requirement, Finding Such Waiver To
Be In The Best Interest Of The City, And Approving And Authorizing The Mayor And City Clerk To
Execute A Management And Operation Agreement Between The City And The Boys And Girls Clubs
Of Miami-Dade, Inc., A Florida Not-For-Profit Corporation, For The Management, Coordination,
Maintenance, And Operation Of A Facility Located In Flamingo Park As A Boys And Girls Club (To Be
Known As The Miami Beach Boys And Girls Club) Which Will Provide A Full Range Of Services For
Children To Achieve Enhanced Social, Educational, Health, Vocational, Character And Leadership
Development Benefits; And In Order To Allow The Boys And Girls Club To Maximize Its Eligibility And
Opportunities For Funding Assistance To Ensure That The Boys And Girls Club Achieves And
Maintains The Highest Level Of Service And Maximizes Its Goals And Priorities And Programming
Opportunities, Said Agreement To Have An Initial Term Of Thirty (30) Years, With Two (2) Ten (10)
Year Renewal Options; Provided Further That, As Consideration For The City’s Approval And
Execution Of This Agreement, And As A Condition Thereof, The Boys And Girls Clubs Of Miami-
Dade, Inc., Shall Commit To Manage, Operate, And Maintain The Boys And Girls Club Facility
Located In Flamingo Park, At Its Sole Cost And Expense, And Shall Further Commit To Fully Fund,
Design, And Construct, At Its Sole Expense, A New Facility In Flamingo Park (To Serve As The
Miami Beach Boys And Girls Club In Accordance With City Approved And Permitted Plans And
Specifications For The Proposed Improvements) Which (Like The Current Facility) Will Also Be
Owned By The City. (Page 324)
(City Manager’s Office)
Regular Agenda November 5, 2008 City of Miami Beach
R7 – Resolutions – Continued
R7C A Resolution Approving, On First Reading, A Lease Agreement Between The City And Colony
Theatre Cafe, Inc. (D/B/A Segafredo’s), Pursuant To Request For Proposals (RFP) No. 19-07/08, For
Use Of The Facility Known As The Colony Theatre Cafe, Located At 1040 Lincoln Road, Said Lease
Having An Initial Term Of Three (3) Years, Commencing Retroactively On November 1, 2008, And
Ending On October 31, 2011, With Two (2) Additional Three (3) Year Renewal Terms; Further Setting
A Public Hearing On December 10, 2008, For The Second Reading (And Final Approval) Of The
Lease Agreement. First Reading. (Page 371)
(Office of Real Estate, Housing & Community Development)
R9 - New Business and Commission Requests
R9A Board And Committee Appointments. (Page 378)
(City Clerk’s Office)
R9A1 Board And Committee Appointments - City Commission Appointments. (Page 382)
(City Clerk’s Office)
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (1:30 p.m.) (Page 394)
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
R9C Discuss Resolution Urging Florida State Legislature To Amend State Statute 718.116 On
Condominium Foreclosures. (Page 396)
(Requested by Commissioner Libbin)
R9D Status Update Regarding The Prairie Avenue Mitigation Measures. (Page 400)
(Requested by Commissioner Gross)
Regular Agenda November 5, 2008 City of Miami Beach
R10 – City Attorney Reports
R10A Notice of Attorney-Client Session (Page 402)
Pursuant To Section 286.011, Florida Statutes, The City Attorney Hereby Advises The Mayor And
City Commission That He Desires Advice Concerning The Following Pending Litigation Matter:
Frank Otero And Jeffrey Gibbs V. City Of Miami Beach, Florida, La Gorce Country Club, Inc. And DM
Fence Corporation. Eleventh Judicial Circuit Court, Case No. 05-17754 CA 30-FERNANDEZ.
Therefore, A Private Closed Attorney-Client Session Will Be Held During The Recess Of The City
Commission Meeting On November 5, 2008 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 Be In Attendance: Mayor Matti Herrera Bower; Members Of The City
Commission: Saul Gross, Jerry Libbin, Ed Tobin, Deede Weithorn, And Jonah Wolfson; City Attorney
Jose Smith, City Manager Jorge Gonzalez, And Special Counsel Jean Olin.
R10B Notice of Attorney-Client Session (Page 404)
Pursuant To Section 286.011, Florida Statutes, The City Attorney Hereby Advises The Mayor And
City Commission That He Desires Advice Concerning The Following Pending Litigation Matter:
10 Palm, LLC. And Villazzo, LLC. VS. City Of Miami Beach, Case No. 07-22752-CIV-
LENARD/TORRES, U.S. District Court, Southern District Of Florida
Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of The
City Commission Meeting On November 5, 2008 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 Be In Attendance: Mayor Matti Herrera Bower; Members Of The City
Commission: Saul Gross, Jerry Libbin, Ed Tobin, Deede Weithorn, And Jonah Wolfson; City Attorney
Jose Smith, City Manager Jorge Gonzalez, First Assistant City Attorney Debora Turner And First
Assistant City Attorney Gary Held.
Regular Agenda November 5, 2008 City of Miami Beach
Reports and Informational Items
A City Attorney’s Status Report. (Page 406)
(City Attorney’s Office)
B Parking Status Report. (Page 410)
(Parking Department)
C Status Report On The Rehabilitation Of The Existing Building And Construction Of The New Fire
Station No. 2. (Page 430)
(Capital Improvement Projects)
D Status Report On The Construction Of The Normandy Shores Golf Course & Facilities.
(Page 432)
(Capital Improvement Projects)
E Status Report on Palm & Hibiscus Island Undergrounding Project. (Page 436)
(Capital Improvement Projects)
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 456)
(Procurement)
End of Regular Agenda