060309_Regular_Titles
i
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
June 3, 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.
REGULAR AGENDA
R2 - Competitive Bid Reports
R2A Request For Approval To Award Contracts Pursuant To Invitation To Bid (ITB) No. 30-08/09, For
Concrete Curbing/Sidewalk Construction And The Purchase Of Asphaltic Concrete Related
Materials, And The Striping Of City Streets And Parking Lots; Awards Shall Be Based On Firms’ Unit
Prices As Follows: Group I: For Concrete Curbing/Sidewalk Construction, F&L Construction, Inc. As
Primary Vendor And GC Works As Secondary Vendor; Group II: For Milling And Resurfacing Of
Asphalt Concrete And The Purchase Of Asphaltic Related Materials, H& R Paving, Inc. As Primary
Vendor And Metro Express As Secondary Vendor; Group III: For Asphaltic Concrete/Related Material
To Be Picked-Up Or Delivered To The City, H&R Paving, Inc. As Primary Vendor And Community
Asphalt As Secondary Vendor; And Group IV: For Striping Of City Streets And Parking Lots, High
Tech Striping, Inc. As Primary Vendor And GC Works As Secondary Vendor In The Estimated Total
Annual Amount Of $1,000,000. (Page 209)
(Public Works)
R2B Request For Approval To Reject All Bids Received Pursuant To Invitation To Bid No. 17-08/09, For
The Construction Of The City Of Miami Beach Right Of Way Infrastructure Improvement Program,
Neighborhood No. 12D/E/F, South Pointe Phase III, IV, And V; And The Re-Issuance Of A New
Invitation To Bid. (Page 215)
(Capital Improvement Projects)
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, June 3, 2009
ii
R5 - Ordinances
R5A An Ordinance Amending Miami Beach City Code Chapter 2, Article III, Division 27 Entitled “Beach
Preservation Committee” By Changing The Committee’s Name To The “Waterfront Protection
Committee” And Expanding Upon The Committee’s Advisory Powers So As To Include Baywalk,
Beachwalk And Cutwalk Review/Recommendation Within Its Jurisdiction; Providing For Repealer,
Severability, Codification, And An Effective Date. 10:20 a.m. Second Reading Public Hearing
(Page 231)
(Requested by Commissioner Saul Gross/City Attorney’s Office)
(First Reading on May 13, 2009)
R5B An Ordinance Amending Miami Beach City Code Chapter 2, Article III, Section 2-22 Thereof
Regarding General Requirements Related To Membership On City Of Miami Beach’s Agencies,
Boards And Committees, By Adding Thereto Subsection (19) To Provide That At-Large Appointment
Of Board Members To Fill Categories Shall Be By Separate Vote For Each Category; Providing For
Repealer, Severability, Codification, And An Effective Date. First Reading (Page 235)
(Requested by Commissioner Victor M. Diaz, Jr./City Attorney’s Office)
R5C An Ordinance Amending Miami Beach City Code Chapter 2, Article III, By Adding Section 2-27
Entitled: “Commission Committee Draft Minutes -- City Commission Approval,” Reciting Applicable
Parliamentary Procedure Concerning City Commission Review And Acceptance Of Draft Minutes
From Commission Committee Meetings; Providing For Repealer, Severability, Codification, And An
Effective Date. First Reading (Page 239)
(Requested by Mayor & Commission/City Attorney’s Office)
R5D An Ordinance Amending Section 82-385(L) Of The City’s Sidewalk Café Ordinance, As Codified In
Chapter 82, Article IV, Division 5, Sections 82-366 Through 82-385 Of The City Code; Said
Amendment Allowing Sidewalk Café Operators/Permittees For Sidewalk Cafes On Lincoln Road Mall
To Maintain Tables, Chairs, And Closed-Up Umbrellas Within The Permit Area When The Café Is Not
In Operation; And Closed-Up Umbrellas Within The Permit Area When The Café Is Not In Operation;
Also Creating And Adding A New Section 82-387, Entitled “Prohibited ‘No Table’ Zones,” And
Subsection (A) Thereof, Prohibiting Sidewalk Cafes From Being Permitted And Placed In A Pre-
Defined Area On The 1100 Block Of Lincoln Road, Between Lenox Avenue And Alton Road;
Providing For Repealer, Codification, Severability, And An Effective Date. First Reading
(Page 245)
(Requested by Mayor Matti Herrera Bower/City Attorney’s Office/Public Works)
Regular Agenda, June 3, 2009
iii
R5 - Ordinances (Continued)
R5E Ethics Proposal Ordinances (Page 259)
1. An Ordinance Amending Miami Beach City Code Chapter 2, Article VII Thereof, By The
Addition Of City Code Section 2-450.1 To Be Entitled “AC Weinstein Service Above Profit Act:
Prohibited Employment Or Compensation Of Mayor And City Commissioners With City
Vendors, Bidders Or Proposers,” Prohibiting Said Elected Officials From Directly Or Indirectly
Having An Employment Relationship With Or Receiving Compensation From Any City
Vendor, Bidder Or Proposer, Prohibiting City Vendors, Bidders Or Proposers From Directly Or
Indirectly Having An Employment Relationship With Or Providing Compensation To Any
Member Of The City Commission; Establishing Definitions, Waiver Of Prohibition And
Prospective Application; Providing For Repealer; Severability; Codification; And An Effective
Date. First Reading
2. An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Section 2-458
Thereof Entitled “Supplemental Abstention And Disclosure Requirements” By Requiring
Public Officers To Disclose Compensation Received By Public Officer And/Or Public Officer’s
Employer Or Firm Related To Subject Conflicting Relationship, Said Disclosures To Be Made
From Three Years Preceding Original Date Of Election/Appointment Of Public Officer;
Providing For Repealer; Severability; Codification; And An Effective Date. First Reading
(Requested by Commissioner Jonah Wolfson/City Attorney’s Office)
R5F An Ordinance Amending In Part Miami Beach City Code Chapter 2, Article VII, Division 5 Entitled
“Campaign Finance Reform”, Sections 2-487 Through And Including 2-490, By Prohibiting “Vendors”
And “Real Estate Developers” From Soliciting Campaign Contributions For Candidates For The
Office Of Mayor Or Commissioner, Expanding Upon The Definitions Of “Vendor” And “Real Estate
Developer” And Conforming As Housekeeping Matter Certain Language To Existing Text; Providing
For Repealer, Severability, Codification, And An Effective Date. First Reading (Page 267)
(Requested by Commissioner Saul Gross/City Attorney’s Office)
(Deferred from May 13, 2009)
R5G An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 5 Entitled “Campaign
Finance Reform,” By Adding Thereto Section 2-491 Entitled “Prohibited Lobbying By Campaign
Consultants,” Prohibiting Campaign Consultants And Certain Affiliated Persons Or Entities From
Lobbying City Commission For 12 Months Subsequent To Swearing In Of Subject Elected Official(S),
Establishing Definitions And Prospective Application Of This Ordinance; Providing For Repealer,
Severability, Codification, And An Effective Date. First Reading (Page 277)
(Requested by Commissioner Deede Weithorn/City Attorney’s Office)
(Deferred from May 13, 2009)
R5H An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, By Adding Section 2-461
Entitled: “City Commission: Automatic Removal Due To Excessive Recusals,” Providing That
Commencing December 1, 2011, Any Member Of The City Commission Who Has Not Voted On Any
Commission Matter Due To Conflict More Than Four Times Within A One Year Period Shall Be
Automatically Removed From Office; Providing For Repealer, Severability, Codification, And An
Effective Date. First Reading (Page 281)
(Requested by Commissioner Jonah Wolfson/City Attorney’s Office)
Regular Agenda, June 3, 2009
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R5 - Ordinances (Continued)
R5I An Ordinance Amending Chapter 46 Of The Miami Beach City Code, Entitled “Environment,” By
Amending Article III, Entitled “Litter,” By Amending Section 46-92, Entitled “Throwing Litter In Public
Places; Possession Of Glass Or Metal Containers On Beaches Unlawful; Sweeping Or Throwing
Litter In Gutters; Garbage Containers Required For Take-Out Restaurants; Rebuttable Presumptions;
Civil Fines For Violations; Seizure; Removal; Definition Of Litter,” By Clarifying The Prohibitions On
Litter And Amending The Definition Of Litter, Amending The Fines And Penalties For A Violation Of
Section 46-92, And Amending The Provisions Regarding Enforcement By Code Compliance Officers;
By Repealing Division 2 Entitled “Handbills,” But Incorporating Provisions Relative To Special Master
Appeals And Additional Means Of Enforcement Into Section 46-92; Providing For Repealer;
Severability; Codification; And An Effective Date. First Reading (Page 285)
(Requested by Commissioner Jerry Libbin/City Attorney’s Office)
R7 - Resolutions
R7A A Resolution Following A Duly Noticed Public Hearing To Hear Public Comment On Same, And
Having Considered The City Administration’s Recommendation And The Criteria Pursuant To Section
82-94 Of The Miami Beach City Code, Granting A Revocable Permit To Mr. Ira M. Elegant, As Owner
Of The Residential Property (Single Family Residence) Located At 1360 North View Drive; Said
Permit To Retain The Northeastern Portion Of A Carport, Built Within And Over A Portion Of The
Public Right-Of-Way Along North View Drive; Further Approving A One-Time Only Assignment Of
Said Permit To Sun Trust Bank As Trustee For Land Trust U/A/D 01/01/2003 Trust Agreement, As
The Buyer/New Owner Of The Property At 1360 North View Drive; Such Assignment Subject To And
Contingent Upon The Closing Of The Sale Of The Property Occurring On Or Before June 5, 2009.
10:15 a.m. Public Hearing (Page 295)
(Public Works)
R7B A Resolution Approving On Second Reading (And Final Approval), Following A Duly Noticed Public
Hearing, An ATM Lease Agreement Between The City And SunTrust Bank, For Use Of
Approximately Sixteen (16) Square Feet Of City-Owned Property, Located At 1700 Convention
Center Drive (A.K.A. City Hall), Miami Beach, Florida; Said Lease Having An Initial Term Of Five
Years, With An Additional Renewal Term Of Four (4) Years And Three Hundred Sixty Four (364)
Days, At The City’s Sole Discretion; Authorizing The Mayor And City Clerk To Execute The Lease
Agreement. 10:30 a.m. Second Reading Public Hearing (Page 313)
(Real Estate, Housing & Community Development)
(First Reading on May 13, 2009)
R7C A Resolution Waiving The Development Regulations For An Addition To A Temporary Parking Lot In
Collins Park To Temporarily Replace Lost Parking While The East Parking Lot, Located On Collins
Avenue Between 21st And 22nd Streets, Is Renovated, Pursuant To Section 142-425(D) Of The City
Code. 10:35 a.m. Public Hearing (Page 333)
(Capital Improvement Projects)
Regular Agenda, June 3, 2009
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R7 - Resolutions (Continued)
R7D A Resolution Approving On Second Reading (And Final Approval), Following A Duly Noticed Public
Hearing, A Lease Agreement Between The City And Damian J. Gallo & Associates, Inc. (D/B/A
Permit Doctor), For Use Of 1,802.89 Square Feet Of City-Owned Property, Located At 1701 Meridian
Avenue, Unit 2 (A/K/A 767 17th Street), Miami Beach, Florida; Said Lease Having An Initial Term Of
Three Years, With An Additional Three Year Renewal Term, At The City’s Sole Discretion; Waiving
By 5/7ths Vote, The Competitive Bidding And Appraisal Requirements, As Required By Section 82-
39 Of The Miami Beach City Code And Authorizing The Mayor And City Clerk To Execute The Lease
Agreement. 10:45 a.m. Second Reading Public Hearing (Page 343)
(Real Estate, Housing & Community Development)
(First Reading on May 13, 2009)
R7E A Resolution Approving, Following Second Reading And Public Hearing On June 3, 2009, A First
Amendment To That Certain Development Agreement Between The City Of Miami Beach, Florida,
And UIA Management, LLC (Developer), Dated April 11, 2007, As Required Pursuant To Sections
163.3220-163.3243, Florida Statutes (The “Florida Local Government Development Agreement Act”);
Said Amendment Pertaining To The Developer’s Art In Public Places (AIPP) Contribution And
Prescribing Further Terms And Conditions For The Design, Fabrication, Installation And Maintenance
Of The Artwork. 11:50 a.m. Second Reading Public Hearing (Page 373)
(Tourism & Cultural Development)
(Firs Reading Public Hearing on May 13, 2009)
R7F A Resolution Approving On First Reading, A Lease Agreement Between The City And Roma Waxing,
Inc. (D/B/A Uni.K Wax), For Use Of 1,290.59 Square Feet Of City-Owned Property, Located At 1701
Meridian Avenue, Unit 3 (A/K/A 771 17th Street), Miami Beach, Florida; Said Lease Having An Initial
Term Of Three Years, With An Additional Three Year Renewal Term, At The City’s Sole Discretion;
Waiving By 5/7ths Vote, The Competitive Bidding And Appraisal Requirements, As Required By
Section 82-39 Of The Miami Beach City Code; Further Setting A Public Hearing On July 15, 2009,
For The Second Reading (And Final Approval) Of The Lease Agreement. First Reading (Page
399)
(Real Estate, Housing & Community Development)
R7G A Resolution Authorizing An Amendment To The FY 2008 One Year Action Plan To Include The Use
Of Federal Community Development Block Grant Funds From Title Xii Of Division A Of The American
Recovery And Reinvestment Act Of 2009 (“CDBG-R”) To Be Used For The Following Two Activities:
1) The North Beach Senior Center Project Capital Improvements; And 2) The Teen Job Corps
Program, As Approved By HUD; Authorizing That In The Event That HUD Disapproves Of The
Aforestated Uses Of The CDBG-R Funding, Then The City Manager Is Authorized To Identify, With
The Assistance Of The Local HUD Field Office, HUD-Eligible Project(s) Which Will Be Reported Back
To The City Commission By Letter To The Commission; Authorizing The City Manager To Execute
An Agreement And Any And All Necessary Documents Between The City And The Department Of
Housing And Urban Development In Order To Receive The Grant Funds; Authorizing The Mayor And
City Clerk To Execute Agreements With Providers Of Activities; And Further Authorizing The
Appropriation Of CDBG-R Federal Funds In The Amount Of $467,896. (Page 429)
(Real Estate, Housing & Community Development)
Regular Agenda, June 3, 2009
vi
R7 - Resolutions (Continued)
R7H A Resolution Approving (Following The Expiration Of The Initial Term On July 12, 2009), A Month To
Month Extension Of The Contract With Standard Parking, Inc. For Parking Meter Collection Services
For The City’s Parking System; Said Extension Is Not To Exceed Six (6) Months, Commencing On
July 13, 2009, And Terminating No Later Than January 12, 2010. (Page 485)
(Parking Department)
R7I A Resolution Approving And Authorizing The City Manager To Execute A Letter Agreement Between
The City And 1 Washington Avenue Corp. (Smith And Wollensky Restaurant) Granting The
Restaurant A Temporary Revocable Use Of An Approximately 581 Square Foot Paved Area In South
Pointe Park, Adjacent To The Restaurant Building, For The Operation Of A Food And Beverage
Concession And Outdoor Dining Area; With The Term Of Said Agreement Commencing On May 13,
2009, And Terminating On The Earlier Of 1.) Final Action By The City Commission As To A Proposed
Concession Agreement Between The City And 1 Washington Avenue Corp. For The Use Of Said
Area, Or 2.) September 30, 2009. (Page 491)
(Real Estate, Housing & Community Development)
R7J A Resolution Authorizing The Installation Of A “Dog Park” In South Pointe Park As Recommended By
The Neighborhoods/Community Affairs Committee, To Be Located In The Area Of The Park West Of
The Washington Avenue Fountain/Plaza And South Of Apogee, As Delineated In The Attached
Concept Plan (See Attachment); And Further Appropriating $60,836 From The South Beach Quality
Of Life Fund - 161 (To Be Repaid In The Future From The South Pointe Capital Fund 389) For The
Design And Construction Of The Dog Park And Amenities. (Page 503)
(Parks & Recreation)
R7K A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Management
Agreement With Altos Del Mar Sculpture Park, Incorporated, A Florida Not-For-Profit Corporation, As
The Successful Proposer In Response To Request For Proposals No. 02-07/08 For Establishing A
Cultural Arts Themed And/Or Passive Recreational Activities Program In Altos Del Mar Park; Said
Agreement Having An Initial Term Of Ten (10) Years With Two (2) Additional Five (5) Year Renewal
Options, At The City’s Sole And Absolute Discretion. (Page 513)
(Tourism & Cultural Development)
Regular Agenda, June 3, 2009
vii
R9 - New Business and Commission Requests
R9A Board And Committee Appointments. (Page 571)
(City Clerk’s Office)
R9A1 Board And Committee Appointments - City Commission Appointments. (Page 577)
(City Clerk’s Office)
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (1:30 p.m.) (Page 597)
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
R9C Discussion Regarding A Proposed Settlement Agreement Between Club Madonna, Inc., The City Of
Miami Beach, And Certain Named Individual Defendants, Involving Litigation Between These Parties
In The U.S. District Court, Southern District Of Florida, Case No. 08-23469-CIV-MOORE/TURNOFF.
(Page 599)
(City Attorney’s Office)
R9D Discussion And Status Update On The 2009/10 Budget. (Page 609)
(Requested by Commissioner Deede Weithorn)
R9E The Committee Of The Whole Will Meet During Lunch Break In The City Manager’s Large
Conference Room To Discuss The City Attorney’s Performance Evaluation. (Page 611)
(City Attorney’s Office)
R9F The Committee Of The Whole Will Meet During Lunch Break In The City Manager’s Large
Conference Room To Discuss Fiscal Year (FY) 2009/10 Proposed Operating Budget Request For
The Office Of The Mayor And City Commission. (Page 613)
(Budget & Performance Improvement)
R9G Discussion Regarding A Request For A Special City Commission Meeting Re: Expansion Of Ethics
Reform/Transparency In Government. (Page 615)
(Requested by Commissioner Victor M. Diaz, Jr./City Attorney’s Office)
(Deferred from May 13, 2009)
R9H Discussion Regarding A Resolution Urging Florida Department Of Education To Maintain The
Existing Training Requirements For Teachers Of English Language Learners. (Page 617)
(Requested by Mayor Matti Herrera Bower)
Regular Agenda, June 3, 2009
viii
R10 - City Attorney Reports
R10A Notice Of Closed Executive Session. (Page 621)
Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held At The
Lunch Recess On Wednesday, June 3, 2009 In The City Manager's Large Conference Room, Fourth
Floor, City Hall, For A Discussion Relative To Collective Bargaining.
R10B Attorney-Client Session (Page 623)
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:
MCZ/Centrum Flamingo II, LLC, Et Al. V. City Of Miami Beach U.S. District Court, Southern District
Of Florida, Case No.: 08-22419-CIV-Altonaga/Brown
Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of The
City Commission Meeting On June 3, 2009 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, Victor Diaz, Ed Tobin, Deede Weithorn, And Jonah Wolfson;
City Attorney Jose Smith, City Manager Jorge Gonzalez, First Assistant City Attorney Gary Held,
Outside Counsel Richard Ovelmen And Jason Kairalla.
Reports and Informational Items
A City Attorney’s Status Report. (Page 625)
(City Attorney’s Office)
B Parking Status Report. (Page 629)
(Parking Department)
C Status Report Of The Normandy Shores Golf Course Club House. (Page 651)
(Capital Improvement Projects)
D 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 653)
(Procurement)
Regular Agenda, June 3, 2009
ix
E Status Update On Wireless Miami Beach Project. (Page 655)
(Finance Department)
Reports and Informational Items (Continued)
F Report On The 2009 Florida Legislative Session. (Page 659)
(City Manager’s Office)
G Status Report On Palm And Hibiscus Islands Underground Utilities Project. (Page 673)
(Capital Improvement Projects)
H Non-City Entities Represented By City Commission:
1. Minutes From The Miami-Dade County League of Cities Meeting On February 5, 2009.
(Page 677)
(Requested by Commissioner Deede Weithorn)
2. Minutes From The Wolfsonian-Florida International University Advisory Board Meeting On
April 3, 2009. (Page 691)
(Requested by Commissioner Deede Weithorn)
3. Minutes From The Miami-Dade Metropolitan Planning Organization (MPO) Meeting On April
30, 2009. (Page 699)
(Requested by Commissioner Deede Weithorn)
End of Regular Agenda