042209_consent_titles 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
April 22, 2009
Mayor Matti Herrera Bower
Vice-Mayor Edward L. Tobin
Commissioner Victor M. Diaz, Jr.
Commissioner Saul Gross
Commissioner Jerry Libbin
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
The City Commission will recess for lunch at approximately 1:00 p.m.
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, April 22, 2009
ii
Presentations and Awards
PA1 Certificate Of Appreciation To Be Presented To Larry Marrero, Police Officer Of The Month.
(Page 2)
(Requested by Vice-Mayor Edward L. Tobin)
(Deferred from March 18, 2009)
PA2 Certificate Of Appreciation To Be Presented To Jaime Rojas For Saving A Child In Miami Beach
From Drowning.
(Requested by Commissioner Saul Gross)
PA3 Proclamation To Be Presented In Honor Of Water Conservation Month In April 2009.
(Requested by Commissioner Saul Gross)
PA4 Certificate Of Recognition To Be Presented To Robbie Weiss, NASCAR's Vice President Of
Broadcasting.
(Requested by Commissioner Jerry Libbin)
PA5 Certificates Of Appreciation To Be Presented To Members Of The Mayor's Gay Business
Development Committee For Outstanding Leadership In Organizing The First Annual Miami Beach
Pride 2009.
(Requested by Commissioner Victor M. Diaz, Jr.)
PA6 Certificate Of Recognition To Be Presented Recognizing Local Legend Robert "Raven" Kraft As He
Marked The Milestone Of Running 100,000 Miles On Miami Beach And Running Eight Miles On
Miami Beach Every Single Day Since January 1, 1975.
(Requested by Commissioner Jonah Wolfson)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Competitive Bid Reports
C2A Request For Approval To Award Contracts To The Following Vendors: Miami Elevator Inspection,
Dade Elevator Inspection & Consulting Services, And Vertical Assessment Associates As The
Lowest And Best Bidders, Pursuant To Invitation To Bid No. 13-08/09, For Elevator Inspection
Services In The Estimated Annual Amount Of $240,000. (Page 5)
(Building Department)
Consent Agenda, April 22, 2009
iii
C2 - Competitive Bid Reports (Continued)
C2B Request For Approval To Purchase Five (5) 2009 Ford F-250 Crew Cabs, Two (2) 2009 Ford F-150
4x2, One (1) 2009 Ford Escape, One (1) 2009 Ford E-150 Eight Passenger Van, Two (2) 2009 Ford
Focus, Six (6) 2009 Ford Fusions, Five (5) 2009 Ford F- 250 And One (1) 2009 Ford Ranger, From
Duval Ford, Pursuant To Florida State Contract No. 08-16-0908, In The Amount Of $437,618.00.
(Page 12)
(Fleet Management)
C2C Request For Approval To Award A Contract To Rolling Shield, Inc., Pursuant To Invitation To Bid 45-
07/08, For The Purchase And Installation Of Accordion Storm Shutters At City Hall, Fire Station #1,
And Fire Station No. 3, In The Amount Of $119,316. (Page 17)
(Public Works)
C4 - Commission Committee Assignments
C4A Referral To The Finance And Citywide Projects Committee To Discuss Proposed Agreements
Governing Use Of Space In The South Shore Community Center. (Page 25)
(Real Estate, Housing & Community Development)
C4B Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding Potential
Amendment To The Sidewalk Café Regulations, Concerning The Storage Of Sidewalk Café
Furniture. (Page 27)
(Requested by Mayor Matti Herrera Bower)
C4C Referral To The Finance And Citywide Projects Committee - Discussion Regarding Proposed
Changes To The Rental Rates At The Byron-Carlyle And Colony Theaters. (Page 29)
(Tourism & Cultural Development)
C4D Referral To The Finance And Citywide Projects Committee – Review And Discussion Of The
Ameresco Preliminary Report And List Of Energy Savings Projects. (Page 33)
(City Manager’s Office)
C4E Referral To The Finance And Citywide Projects Committee - Discussion Regarding Transitioning
Certain Operating Activity And The Associated Funding For The Bass Museum Of Art To The Friends
Of The Bass Museum, Inc., A Florida Not-For-Profit Corporation. (Page 35)
(Tourism & Cultural Development)
Consent Agenda, April 22, 2009
iv
C6 - Commission Committee Reports
C6A Report Of Neighborhoods/Community Affairs Committee On March 11, 2009: 1) Discussion
Regarding City Code Provisions Regarding Lobbyist Participation On City Boards; 2) Discussion
Regarding The Issue Of Dogs Off Leash In City Parks And Other Public Properties In General; 3)
Discussion Regarding Requests Of The Alton Road Homeowners Association Regarding Desired
Upgrades; 4) Discussion Regarding A Requested Lease Agreement Renewal Between The City Of
Miami Beach And Sunrise Community, Inc. For The Lease Of The “Classroom Building” And/Or
“Training Center”, A 2,500 Square Foot One-Story Building Thereon Located At 8128 Collins Avenue,
Miami Beach, Florida; 5) Discussion Regarding The City’s Application For Neighborhood Stabilization
Program Funds; 6) Discussion Regarding Proposed Amendments To City’s Human Relations,
Domestic Partnership, And Equal Benefits Legislation. (Page 38)
C6B Report Of The Capital Improvement Projects Oversight Committee Meeting On March 2, 2009: 1)
Attendance; 2) Review And Acceptance Of Minutes; 3) Public Comments; 4) Old Business: a) Report
On Flooding Conditions At 44th Street And Royal Palm Avenue; b) Construction Update: Normandy
Shores Neighborhood Improvement Project; c) Venetian Island Neighborhood Improvement Project
Update; 5) Sub-Committee Meeting Reports: a) Flamingo Neighborhood Sub-Committee: b) Unit
Pricing Sub-Committee; c) Flood Mitigation Sub-Committee; 6) Project Status Reports: a) CIP Office-
Managed Projects; b) Public Works-Managed Capital-Funded Projects; c) Committee Members’
Requests; 7) Discussion: Chen & Associates Construction Administration And RPR Services For
Sunset Islands I & II Neighborhood Improvement Project; 8) Construction Update: Scott Rakow
Youth Center New Construction, Remodeling And Renovation; 9) Update On City’s I/I Pipe Lining
Project: Deferred; 10) Staff Action Report; 11) Calendar; And 12) Adjournment. (Page 56)
C6C Report Of The Finance And Citywide Projects Committee On March 10, 2009: 1) Discussion
Regarding Status, Design And Budget For The New World Symphony Parking Garage And Park; 2)
Discussion Of Flamingo Park Draft Master Plan Including Alternatives For A New Tennis Center; 3)
Discussion Regarding The Implementation Of A Municipal Marketing (Corporate Sponsorship)
Program For The City; 4) Update On The RFP For The Management And Operation Of The Byron
Carlyle Theater; 5) Little Stage Theater Complex Basis Of Design Report; 6) A) Discussion
Regarding The City’s Overall Plan For Space Occupied By City Staff And A Historical Analysis Of
The Space Occupied, As Requested; B) Discuss The Process For The Future Leasing Of
Commercial Ground Floor Retail Space In The City Owned Building Located At 1701 Meridian
Avenue; 7) Discussion Regarding A Concession Agreement With One Washington Avenue, Corp.
For An Outdoor Café In South Pointe Park As An Auxiliary Use To The Smith & Wollensky
Restaurant. (Page 60)
Consent Agenda, April 22, 2009
v
C6 - Commission Committee Reports (Continued)
C6D Report Of The Land Use And Development Committee On April 6, 2009: 1) Discussion Regarding A
Proposed Ordinance Expanding The Use Of The Parking Impact Fees Monies To Have More
Flexibility; 2) A Discussion Regarding Restrictions That Can Be Put Into Place So The City
Commission, By A Majority Vote, Can Not Give Away Public Land; 3) Discussion Regarding Voting
Procedures For Appointments To The Land Use Boards And Clarification Of Categories For
Membership On The Land Use Boards; 4) Discussion Of A Proposed Ordinance Regarding ADA Lifts
And Elevators An Ordinance Amending Chapter 14 Of The City Code, Entitled “Building Regulations,”
By Amending Article II, Entitled “Construction Standards,” By Amending Division 1, Entitled
“Generally,” By Amending Section 14-403, Entitled “Penalty For Violation Of Article,” To Provide For
The Enforcement Of Non-Functioning ADA Lifts And Single Elevators By Citation; And Amending
Section 14-444, Entitled “Schedule Of Violation Fines,” By Adding A Citation And Fine Schedule For
The Enforcement Of Non-Functioning ADA Lifts And Single Elevators In Multi-Story Buildings;
Providing For Codification, Repealed, Severability, And An Effective Date; 5) An Ordinance Relating
To The Jurisdiction Of The Special Master; Amending Chapter 30, “Code Enforcement,” Article III,
“Enforcement Procedure,” Section 30-73, “Powers Of The Special Master,” By Clarifying That The
Special Master Lacks Jurisdiction Over Appeals From Or Challenges To Interpretations Or Actions Of
The Building Official, Planning Director And Fire Marshal, Or Claims That An Act Of The City Is
Unconstitutional, Which Are By Applicable Law Vested In Other Authorities, Providing For Repealer;
Codification; Severability, Applicability, And An Effective Date; 6) Discussion On Temporary Parking
Lots – Amendment To The Ten Year Limit “2 Ordinances”; And 7) Discussion On How The City Can
Minimize The Negative Impacts Of Vacant Properties. (Page 68)
C7 - Resolutions
C7A A Resolution Authorizing The City Manager Or His Designee To Submit The Following Four Grants,
To Wit: American Recovery And Reinvestment Act (“Recovery Act”) Applications For Funding As
Necessary: 1) U.S. Department Of Justice, Recovery Act Local Youth Mentoring Initiative For
Success University And The Youth Empowerment Network; 2) National Oceanic And Atmospheric
Administration, Coastal Marine Habitat Restoration Project For Beachwalk II; 3) State Of Florida,
Division Of Cultural Affairs, Florida Arts Recovery Program For An Arts/Culture Related Position; And
4) Non-Recovery Act Applications For Florida Inland Navigation District For South Pointe Park
Construction And Pinetree Park Shoreline Improvements; Further Appropriating The Above 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 73)
(Budget & Performance Improvement)
C7B A Resolution Approving And Authorizing The Execution Of Contracts For The Purchase Of Recycling
Containers In The Amounts Of $104,000 With Landscapeforms, Inc. And $61,020 With The Fibrex
Group, Inc. With Funding For The Recycling Containers To Be Re-Appropriated From Unused Funds
Previously Appropriated For The Animal Waste Dispensers And Receptacles Project (Project
Number 2559) From Capital Budget Fiscal Year 06/07 Fund 301 In The Amount Of $50,000, Fund
365 In The Amount Of $25,000 And Fund 389 In The Amount Of $2,020 And The Appropriation Of
Solid Waste Franchise Hauler Contributions In The Amount Of $88,000. (Page 86)
(Public Works)
Consent Agenda, April 22, 2009
vi
C7 - Resolutions (Continued)
C7C A Resolution Adopting And Appropriating The Third Amendment To The Police Confiscation Trust
Fund Budget For Fiscal Year 2008/09 In The Amount Of $88,065 To Be Funded From The Proceeds
Of State Confiscated Funds. (Page 95)
(Police Department)
C7D A Resolution Adopting And Appropriating The First Budget Amendment To The Police Special
Revenue Account For Fiscal Year 2008/09 In The Amount Of $16,250, Such Account Funded By
Unclaimed Evidence Currently Held In The Police Special Revenue - Account. (Page 100)
(Police Department)
C7E A Resolution Approving A Federal Equitable Sharing Agreement With The United States Department
Of Justice And Department Of The Treasury, And Authorizing The Mayor And The City Clerk To
Execute The Agreement. (Page 105)
(Police Department)
C7F A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement
Between The City And 2201 Collins Fee, LLC, In An Amount Not To Exceed $525,000, Representing
The City’s Contribution Toward The Design, Development, And Construction By 2201 Collins Fee,
LLC Of The Beachwalk North Extension Behind The W-Hotel, At 2201 Collins Avenue, And Also
Including The Portion Of The Beachwalk Between The W-Hotel And The 21st Beachwalk Streetend;
Provided Further That, Notwithstanding The City’s Contribution Pursuant To The Agreement, 2201
Collins Fee, LLC Shall Be Solely Responsible For Any And All Additional Costs Associated With Said
Beachwalk Extension Design And Construction Through Completion. (Page 108)
(Public Works)
C7G A Resolution Approving A First Amendment To The Management Agreement By And Between The
City And UNIDAD Of Miami Beach, Inc., Dated September 6, 2006, For The Facility Formerly
Referred To As The North Shore Community Center And Hereinafter Referred To As The North
Beach Oceanfront Center, Located At 7251 Collins Avenue, Miami Beach, Florida. (Page 131)
(Real Estate, Housing & Community Development)
C7H A Resolution Approving The Renewal Of The Lease Agreement Between The City And Log Cabin
Enterprises, Inc. For Approximately 52,000 Square Feet Of City-Owned Property, Located On The
West Side Of Collins Between 81st And 82nd Streets, Miami Beach, Florida Said Term Commencing
On August 1, 2009 And Ending On July 31, 2012; And Further Authorizing The Mayor And City Clerk
To Execute A First Amendment Of The Lease Agreement Amending The Demised Premises To
Include The Adjacent 2,500 Square Foot One-Story Building Located At 8128 Collins Avenue;
Correct The Square Footage Of The Demised Premises; Increase The Base Rent; And Expand The
Use And Possession Of The Demised Premises. (Page 140)
(Real Estate, Housing & Community Development)
Consent Agenda, April 22, 2009
vii
C7 - Resolutions (Continued)
C7I A Resolution Approving A Consent To Assignment And Assumption Of Lease Agreement And A
Second Amendment To That Certain Lease Agreement By And Between The City And Miami Beach
Federal Credit Union, Dated July 30, 2003 (As Amended On January 11, 2006), For The Lease Of
1,268.87 Square Feet Of City-Owned Property, Located At 775 17th Street, Miami Beach, Florida,
Which Provides For Dade County Federal Credit Union (As Tenant/Assignor) To Assign Its
Leasehold Interest To Damian J. Gallo & Associates, Inc. (As The New Tenant/Assignee); Further
Authorizing The Mayor And City Clerk To Execute Same. (Page 153)
(Real Estate, Housing & Community Development)
C7J A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Rejection Of
All Proposals Pursuant To Request For Proposals (RFP) No. 39-07/08, For The Management And/Or
Development Of The Byron Carlyle Theater Complex; Authorizing The Administration To Issue The
RFP. (Page 192)
(Tourism & Cultural Development)
C7K A Resolution Approving An Emergency Contract With Edd Helms Electric For Repairs To The Buss
Duct In Hall C, In An Amount Not To Exceed Two Hundred And Fifty Thousand Dollars
($250,000.00); And Further Reappropriating Two Hundred And Fifty Thousand Dollars ($250,000) Of
Excess Funds From FY 08/09 Capital Budget Fund 442 – Escalator Replacement And Upgrade
Project For Said Repairs. (Page 207)
(Tourism & Cultural Development)
C7L A Resolution Declaring The Official Intent Of The City Of Miami Beach, Florida To Issue Tax-Exempt
Bonds In Order To, Among Other Things, Reimburse Itself From The Proceeds Of Such Bonds For
Funds Advanced By The City For Certain Expenses Incurred With Respect To A Parking Garage
Project; And Authorizing Certain Incidental Actions. (Page 212)
(Finance Department)
C7M A Resolution Consenting To The Appointment Of Charles Carreño As The Capital Improvement
Projects (CIP) Director For The City Of Miami Beach. (Page 217)
(Human Resources)
End of Consent Agenda