January132010RegTitlesCity Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
January 13, 2010
Mayor Matti Herrera Bower
Vice-Mayor Deede Weithorn
Commissioner Jorge Exposito
Commissioner Michael Góngora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
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
R5 - Ordinances
R5A Fee-In-Lieu Of Providing Parking
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 130, “Off-
Street Parking,” Article V, “Parking Impact Fee Program,” Clarifying That This Is A Fee In-Lieu Of
Providing Parking, And Permitting More Flexibility In The Use Of Fees Collected By The City As Part
Of This Program By Allowing Funds Collected By This Program To Be Used For Alternative
Transportation And Mobility Projects In Addition To Construction Of Parking Garages; Providing For
Codification, Repealer, Severability And An Effective Date. 10:15 a.m. First Reading Public
Hearing
(Page 155)
(Planning Department)
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, January 13, 2010
R5 - Ordinances (Continued)
R5B An Ordinance Amending Chapter 18 Of The Miami Beach City Code Entitled “Businesses,” By
Amending Article XV, Entitled “Street Performers And Art Vendors” By Amending Section 18-901,
Entitled “Definitions,” By Expanding Geographical Definitions And Areas Relating To Street
Performers And Artist Vendors; By Amending Section 18-903, Entitled “Artist Vendor Certificate
Required,” By Amending The Procedures For The Processing Of Applications; By Amending Section
18-905, Entitled “Permit Application,” By Amending The Procedures Relative To Permits, The
Payment Of Fees, And Lottery Procedures; By Amending Section 18-906, Entitled “Regulations And
Prohibitions” By Amending The Provisions Concerning Lottery Proxies, Zone Locations, Expanding
The Number Of Zones And Splitting Permit Assignments In Certain Areas Of The City, And
Amending Provisions Regarding The Maintenance Of Artist Vendor Or Street Performer Zones; By
Amending Section 18-909, Entitled “Disclaimer, Display, And Expiration Permit Or Certificate” To
Correct A Typographical Error And To Require That Permits Be Displayed On The Permittees’
Tables; Providing For Repealer, Severability, Codification, And An Effective Date.” 10:35 a.m.
Second Reading Public Hearing (Page 169)
(Code Compliance)
(First Reading on December 9, 2009)
R5C An Ordinance Amending Chapter 30, Entitled “Code Enforcement,” By Amending Article III Thereof,
Entitled “Enforcement Procedure,” By Amending Section 30-74, Entitled “Fine,” By Amending The
Provisions Relating To The Mitigation Of Fines And The Reduction Of A Fine Cap Due To Partial
Compliance; By Amending Section 30-76, Entitled “Rehearings; Mitigation,” By Requiring That
Mitigation Must Be Requested Within Three Years From The Filing Of An Affidavit Of Compliance
From A City Inspector With The Clerk Of The Special Master; Providing For Repealer; Severability;
Codification; And An Effective Date. 10:45 a.m. Second Reading Public Hearing (Page 193)
(City Manager’s Office)
(First Reading on December 9, 2009)
R5D An Ordinance Amending Chapter 70 Of The Miami Beach City Code Entitled “Miscellaneous
Offenses”; By Amending Article III, Entitled “Graffiti”; By Amending Division I, Entitled “Generally”; By
Amending Section 70-126, Entitled “Responsibility Of Property Owner(s) To Remove Graffiti; Graffiti
Removal And Notice; Enforcement” By Amending The Responsibilities Of Property Owners With
Regard To The Abatement Of Graffiti And Amending Enforcement Provisions; Providing For
Repealer; Severability; Codification; And An Effective Date. 10:50 a.m. Second Reading Public
Hearing (Page 201)
(Code Compliance)
(Continued from December 9, 2009)
R5E An Ordinance Amending Chapter 62 Of The City Code, Entitled, "Human Relations;" Amending
Article II, Section 62-32 Therein, To Formally Name And Also Hereinafter Refer To The Provisions Of
Said Article (And Sections Thereto) As The "City Of Miami Beach Human Rights Ordinance;" Further
Amending Article II, Sections 62-31 Through 62-66, To Amending The Existing Provisions And,
Where Noted, Creating New Provisions Pertaining To The Procedures For Filing And Investigating
Complaints, Mediation Of Complaints, Hearing Procedures, And Penalties; And Providing Further For
Codification, Severability, And An Effective Date. 11:00 a.m. Second Reading Public Hearing
(Page 209)
(Requested by Former Commissioner Victor M. Diaz, Jr./City Attorney’s Office)
(Continued from December 9, 2009)
Regular Agenda, January 13, 2010
R5 - Ordinances (Continued)
R5F Ordinances Amending Building Development Process Fees (Page 247)
1. An Ordinance Amending Chapter 14 Of The City Of Miami Beach Code By Deleting Division I
Section 14-31 Thru 14-38 Thereof In Its Entirety; And Amending Division 2 Thereof Entitled,
"Permit Fees"; Amending Sections 14-61 Through 14-70 Thereof; And Amending Appendix A
Thereto, Entitled “Fee Schedule”; Said Amendments Providing For A Modification In Permit
And Inspection Fees, Effective February 1, 2010 For Building, Plumbing, Electrical, And
Mechanical Work, And For Other Building Department Activities; Providing For Repealer,
Severability, Codification, And An Effective Date. 3:15 p.m. Second Reading Public
Hearing
(Page 321)
(Building Department)
(First Reading on December 9, 2009)
2. An Ordinance Amending Chapter 50 Of The City Of Miami Beach Code By Amending Section
50-1, Entitled “Adoption By Reference; Short Title,” By Amending Section 50-2 Entitled “Life
Safety Code Adoption By Reference,” By Amending Section 50-3, Entitled “Plans
Examination, Inspection, Permits”, And By Amending Appendix A, Entitled “Fee Schedule” By
Modifying Fee Schedule For Fire Department; Providing For A Repealer, Severability,
Effective Date, And Codification. 3:15 p.m. Second Reading Public Hearing (Page 371)
(Fire Department)
(First Reading on December 9, 2009)
3. An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 14,
Article II, Division 2, Section 14-430 “General Information,” Section 14-430(5) To Reference A
Separate Zoning Review Fee Associated With The Building Process Being Created In
Chapter 15; Creating Chapter 15, To Add A Zoning Review Fee Associated With The Building
Process; And Amending Appendix A Thereof To Include Charges For Zoning Review
Associated With The Building Process And To Adjust And Revise Fees For Administration Of
Land Development Regulations, Providing For Repealer, Severability, Codification, And An
Effective Date. 3:15 p.m. Second Reading Public Hearing (Page 395)
(Planning Department)
(First Reading on December 9, 2009)
4. An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 98,
Streets And Sidewalks, Article III “Excavations” Division 2, “Permit” Section 98-92.
“Application; Amount Of Deposit; Use Of Deposit To Replace Surface; Permit Fees;” By
Amending, Section 98-92 To Add A Surcharge For Permit Processing, Plans Review And
Inspection Services Rendered By The Department Of Public Works; And Amending Appendix
“A” Thereto; Providing For Repealer, Codification, Severability And An Effective Date.
3:15 p.m. Second Reading Public Hearing (Page 415)
(Public Works)
(First Reading on December 9, 2009)
Regular Agenda, January 13, 2010
R7 - Resolutions
R7A A Resolution To Consider Revocable Permit Request By The Betsy Ross Owner LLC, Owner Of The
Betsy Hotel Southbeach Located At 1440 Ocean Drive, To Retain A Built Pre-Fabricated Canvas
Awning That Extends Approximately Fourteen Feet, Three Inches (14’-3”) Over And Into The Public
Right Of Way With A Minimum Vertical Height Of Seven Feet, Six Inches (7’-6”) As Measure From
The Finished Sidewalk Grade. 10:05 a.m. Public Hearing (Page 429)
(Public Works)
R7B A Resolution To Consider A Revocable Permit Request By The Fresh Market Located At 1800 West
Avenue, To Retain Two (2) Architectural Elements (Canopies) That Project Over And Into The Public
Right-Of-Way (Row), The Lowest Extension At A Maximum Horizontal Dimension Of Four Feet,
Eleven Inches (4’-11”) And Placed Sixteen Feet (16’) Above The Row Of West Avenue Directly
Above The Finish Sidewalk Grade, The Tallest Extension At A Maximum Horizontal Dimension Of
Seven Feet, One Inch (7’-1”) And Placed Fifty Five Feet (55’) Above West Avenue Finish Sidewalk
Grade. 10:10 a.m. Public Hearing (Page 433)
(Public Works)
R7C A Resolution Following A Duly Noticed Public Hearing, Granting A Certificate Of Appropriateness For
The Demolition Of The Boys & Girls Club Structure, Located At 1200 Michigan Avenue, Pursuant To
Miami Beach City Code Section 118-563. 10:25 a.m. Public Hearing (Page 439)
(Real Estate, Housing & Community Development)
R7D A Resolution Approving, On Second And Final Reading, Following A Duly-Noticed Public Hearing, A
Lease Agreement Between The City And Mystery Park Arts Company, Inc., For Use Of The Two
City-Owned Buildings, Commonly Known As The Carl Fisher Clubhouse And Little Stage Theater,
Located At 2100 Washington Avenue, Miami Beach, Florida; Said Lease Having An Initial Term Of
Five Years, With Two (2) Renewal Terms Of Two Years (2) Each, At The City’s Sole And Absolute
Discretion.
10:30 a.m. Second Reading Public Hearing (Page 443)
(Real Estate, Housing & Community Development)
R7E A Resolution Following A Duly Noticed Public Hearing, Approving A Modification To The New World
Symphony Master Plan, To Allow For The Closing Of Vehicular Access On The Extension Of Drexel
Avenue, From Lincoln Lane North To 17th Street; And Authorizing The City Manager Or His
Authorized Designees To Meet With Miami–Dade County Officials To Request That The County,
Through Its Public Works Department, Approve Traffic Flow Modifications On Drexel Avenue,
Between Lincoln Road And Lincoln Lane North (As Required By The Miami-Dade Public Works
Traffic Flow Modification / Street Closure Procedures). 3:00 p.m. Public Hearing (Page 481)
(Public Works)
R7F A Resolution Approving On First Reading, A Lease Agreement Between The City And Immunity, Inc.,
For Use Of Approximately 3,036 Square Feet Of City-Owned Property, Located At 1130 Washington
Avenue, 7th And 8th Floors, Miami Beach, Florida; Said Lease Having An Initial Term Of Three
Years, With Two Additional Three Year Renewal Terms, 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 February 3, 2010, For The Second
Reading (And Final Approval) Of The Lease Agreement. First Reading (Page 509)
Regular Agenda, January 13, 2010
(Real Estate, Housing & Community Development)
R7 - Resolutions (Continued)
R7G A Resolution Approving On First Reading, A Lease Agreement Between The City And Paul A. Sack,
For Use Of Approximately 660 Square Feet Of City-Owned Property, Located At 1130 Washington
Avenue, 3rd Floor West, Miami Beach, Florida; Said Lease Having An Initial Term Of Three Years,
With Two Additional Three Year Renewal Terms, 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 February 3, 2010, For The Second
Reading (And Final Approval) Of The Lease Agreement. First Reading (Page 539)
(Real Estate, Housing & Community Development)
R7H A Resolution Approving All Material And Substantive Terms Of The Agreement Between The City
And The Superlative Group (TSG), As The Successful Proposer Pursuant To Request For Proposals
(RFP) No. 06-04/05, For The Implementation Of Phase II Of A Municipal Marketing Program;
Authorizing The City Manager And City Attorney (Or Their Respective Designees) To Finalize The
Agreement, Based On The Terms In The Attached Term Sheet; And, Should The City And TSG
Successfully Negotiate And Finalize Said Agreement, Authorizing The Mayor And City Clerk To
Execute The Final Agreement. (Page 569)
(City Manager’s Office)
R7I GSA Collective Bargaining Agreement and Pension Adjustments (Page 583)
1. A Resolution Ratifying A Three Year Labor Agreement Between The City Of Miami Beach
And The Government Supervisors Association Of Florida/OPEIU Local 100, For The Period
From October 1, 2009 Through September 30, 2012, And Authorizing The Mayor And City
Clerk To Execute The Agreement.
2. A Resolution Authorizing An Additional Deduction Of Two-Percent (2%) Of Earnings For The
Employee Pension Contribution For All Employees Covered By The Government Supervisors
Association Of Florida/OPEIU Local 100, Who Participate In The Miami Beach Employees’
Retirement Plan (MBERP), Effective With The First Full Payroll Period Following The
Ratification Of A Three Year Labor Agreement Between The City Of Miami Beach And The
Government Supervisors Association Of Florida/OPEIU Local 100 .
3. A Resolution Authorizing An Additional Deduction Of Two-Percent (2%) Of Earnings For The
Employee Pension Contribution For All Employees Not Covered By A Bargaining Unit And
Known As The Groups “Unclassifieds” And “Others”, Who Participate In The Miami Beach
Employees’ Retirement Plan (MBERP), Effective With The First Full Payroll Period Following
The Ratification Of A Three Year Labor Agreement Between The City Of Miami Beach And
The Government Supervisors Association Of Florida/OPEIU Local 100.
(Human Resources)
R7J A Resolution Accepting The Recommendation Of The City Manager To Reject All Proposals
Received Pursuant To Request For Proposals (RFP) No. 56-08/09, For Parking Meter Collection
Services For The City’s Parking System; Further Authorizing The Administration To Exercise The
Remainder Of The First Renewal Term With The Existing Vendor, Standard Parking Corporation,
Which Commenced On July 13, 2009, And Terminates On July 12, 2010. (Page 589)
(Parking Department)
Regular Agenda, January 13, 2010
R9 - New Business and Commission Requests
R9A Board And Committee Appointments. (Page 597)
(City Clerk’s Office)
R9A1 Board And Committee Appointments - City Commission Appointments. (Page 605)
(City Clerk’s Office)
R9A2 Nomination For Appointment Of Elsa Urquiza To The Miami Beach Housing Authority. (Page 637)
(Requested by Mayor Matti Herrera Bower)
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (1:30 p.m.) (Page 639)
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
R9C Discussion Regarding Requiring All Aspiring City Leaders To Attend An Ethics Course. (Page 641)
(Requested by Commissioner Michael Góngora)
R9D Discussion Regarding The City Of Miami Beach Endorsement Of Disability Awareness Day 2010.
(Page 643)
(Requested by Commissioner Michael Góngora & Mayor Matti Herrera Bower)
R9E Discussion And Referral To The Finance And Citywide Projects Committee Regarding The Use Of
The Monies Generated By The Red Light Camera System. (Page 645)
(Requested by Mayor Matti Herrera Bower)
R9F Discussion Regarding Street Conditions On 6th Street Near Las Olas Café. (Page 647)
(Requested by Commissioner Michael Góngora)
R9G Discussion Of A Request By Miami-Dade County To 1) Renegotiate With The County Their Interlocal
Agreement With The Miami Beach Redevelopment Agency To Ensure That The Board Of County
Commissioners Has Representation On The Board Of The Miami Beach Redevelopment Agency;
And 2) To Amend The Interlocal Agreement To Return The Redevelopment Agency's Net Surplus
Revenues To Miami-Dade County For Fiscal Years 2009-10 And 2010-11. (Page 657)
(Economic Development)
R10 - City Attorney Reports
R10A Notice Of Closed Executive Session. (Page 673)
Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During
Recess Of The City Commission Meeting On Wednesday, January 13, 2010, In The City Manager’s
Regular Agenda, January 13, 2010
Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining.
Reports and Informational Items
A City Attorney’s Status Report. (Page 677)
(City Attorney’s Office)
B Parking Status Report - October 2009. (Page 689)
(Parking Department)
C 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 711)
(Procurement)
D Status Report On Palm And Hibiscus Islands Underground Utilities Project. (Page 713)
(Capital Improvement Projects)
E Non-City Entities Represented By City Commission:
1. Minutes From The Miami-Dade Metropolitan Planning Organization (MPO) For The Miami
Urbanized Area Governing Board Meeting On November 19, 2009. (Page 715)
(Requested by Mayor Matti Herrera Bower)
End of Regular Agenda