Consent Agenda titles April 14 2010We 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 14, 2010
Mayor Matti Herrera Bower
Vice-Mayor Jerry Libbin
Commissioner Jorge Exposito
Commissioner Michael Góngora
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
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 R6 Commission Committee Reports
C2 Competitive Bid Reports R7 Resolutions
C4 Commission Committee Assignments R9 New Business and Commission
C6 Commission Committee Reports R10 City Attorney 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 14, 2010
PA1 Proclamation To Be Presented To The Holocaust Museum Of Miami Beach In Recognition Of The
National Days Of Remembrance. (Page 3)
(Requested By Mayor Matti Herrera Bower)
PA2 Proclamation To Be Presented To Miami Beach Sr. High School In Recognition Of The Completion Of
Its New Campus And For Officially Becoming An Authorized IB School.
(Requested By Mayor Matti Herrera Bower)
PA3 Certificate Of Appreciation To Be Presented To The Garden Tour Participants.
(Requested by Commissioner Jorge Exposito)
PA4 Certificates Of Appreciation To Be Presented To The FBLA Winners At The 2010 District XXV
Conference.
(Requested by Commissioner Deede Weithorn)
PA5 Certificates Of Appreciation To Be Presented To LEO Awards Nominees.
(Requested by Vice-Mayor Jerry Libbin)
Presentations and Awards
PA6 Certificates Of Appreciations To Be Presented To The Miami Beach Teen Club For Their Participation
In The 2010 Earth Day Project.
(Requested By Commissioner Michael Góngora)
PA7 Certificates Of Recognition To Be Presented The Participants Of Playing The Game Of Life In The
2010 Earth Day Project.
(Requested By Commissioner Michael Góngora)
PA8 Certificate Of Recognition To Be Presented To Dr. Baruch Jacobs For His Longstanding Contribution
To Miami Beach.
(Requested By Commissioner Michael Góngora)
PA9 Certificates Of Appreciation To Be Presented To The Volunteers Of The 2010 Women's Exhibit.
(Requested by Mayor Matti Herrera Bower)
PA10 Certificate Of Appreciation To Be Presented To The Southern Florida Concierge Association.
(Requested by Mayor Matti Herrera Bower)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
Consent Agenda, April 14, 2010
C2A Request For Approval To Purchase Three (3) 2010/2011 Ford F-450 Cab & Chassis Crew Cab
Models, One (1) 2010 Ford Explorer 4x4 And Two (2) 2010 Ford Explorer Sport Trac 4x4, From Duval
Ford, Pursuant To Florida State Contract No. 09-17-0908, In The Amount Of $194,075.00.
(Page 7)
C2 - Competitive Bid Reports
(Fleet Management)
C2B Request For Approval To Purchase, Two (2) Medtec Ambulances From Ten-8 Fire Equipment, Inc.,
Pursuant To Florida State Contract No. 08-08-0909, In The Amount Of $391,698.00. (Page 13)
(Fleet Management)
C4F Referral To The Neighborhoods/Community Affairs Committee - Comprehensive Citywide Traffic
Calming Study. (Page 35)
(Requested by Commissioner Edward L. Tobin)
C4 - Commission Committee Assignments
C4A Referral To The Finance And Citywide Projects Committee – Discussion Regarding Budget
Recommendations. (Page 21)
(Requested by Vice-Mayor Jerry Libbin)
C4B Referral To The Land Use And Development Committee - Discussion Regarding An Ordinance That
Would Limit Rooftop Business Operations Citywide. (Page 25)
(Requested by Commissioner Jonah Wolfson)
C4C Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding Resolution
2008-26908 Pertaining To Product Promotion / Temporary Sampling. (Page 27)
(Requested by Vice-Mayor Jerry Libbin)
C4D Referral To The Sustainability Committee - Presentations by Big Belly Solar Company And Lean
Green Enterprises On Self-Powered Trash Receptacles. (Page 31)
(Requested By Commissioner Michael Góngora)
C4E Referral To The Neighborhoods/Community Affairs Committee - Discussion On The Possibility Of
Placing A Plaque On The Board Walk In Honor Of Norman Ciment. (Page 33)
(Requested By Commissioner Michael Góngora)
Consent Agenda, April 14, 2010
C6 - Commission Committee Reports
C6A Report Of The Neighborhoods/Community Affairs Committee Meeting On February 16, 2010: 1)
Follow-Up Discussion Concerning The Potential Operational Issues Related To The Newly
Constructed South Pointe Park; 2) Update Regarding The Status Of Efforts Made By The
Administration To Encourage FDOT To Re-Stripe The Lanes In The Mid-Beach Area Along Alton
Road; 3) Discussion Of Process Improvement And Management Studies; 4) Discussion Regarding An
Ordinance Requiring Automated External Defibrillators (AED) In Certain Public Facilities; 5)
Discussion Regarding Redesigning The Ocean Rescue Lifeguard Stands A) Redesign Of The
Lifeguard Stands, And B) Life Safety Issues; 6) Discussion Regarding Street Conditions On 6th Street
Near Las Olas Café; 7) Discussion Regarding An Amendment To The Management Agreement
Between The City Of Miami Beach, Florida And Altos Del Mar Sculpture Park, Inc. For The Operation
Of A Sculpture Park In Altos Del Mar Park; 8) Discussion Regarding Pedestrian Safety For Residents
In South Of Fifth Neighborhoods; 9) Discussion Regarding Proposals By Mr. Tony A. Trujillo And Mr.
Larry Wyman, South Pointe Neighborhood Residents, For The Placement Of A Memorial Plaque In
The Washington Avenue Dog Park In Memory Of Their Dog(s), In Conjunction With A Donation To
The City By Mr. Trujillo, And Mr. Wyman, In The Amount Of $3,000 Each, For The Purchase Of A
Bench In The Dog Park; 10) Discussion Regarding How The City Can Send Funds To Help Haiti In
The Aftermath Of The Disastrous Earthquake; 11) Discussion Regarding A Report From The
Transparency, Reliability, Accountability Committee; 12) Discussion Regarding The Bayshore
Neighborhood GO Bond And Changes To The Original BODR Specifications, As Well As Review
Current Plans; 13) Discussion Regarding The Green Waste Facility And The Curbside Automated
Pickup; 14) Discussion Regarding Miami Beach Red Sidewalks; 15) Discussion Regarding The
Proposed Lincoln Road Median Between Washington And Collins Avenues; 16) Discussion
Regarding Tennis Courts For The Flamingo Park Project. (Page 39)
C6B Report Of The Land Use And Development Committee Meeting On March 22, 2010: 1) Discussion Of
A Proposed Amendment To The Land Development Regulations, Clarifying And Defining “Institutional
Uses”; 2) Discussion Regarding The Consideration Of A New “Town Center” Zoning District To Be
Applied To The North Beach Town Center, Bounded By 72nd Street, Collins Avenue, 69th Street And
Indian Creek Waterway; 3) Discussion Regarding The Following Board Of Adjustment Related
Issues: 1. Consideration Of Alteration Of Variance Criteria; And 2. Review Of Types Of Applications
Which May Be Heard By The Board 4) Discussion Regarding The Relationship Between Production
Sud And The City Of Miami Beach; 5) Beach Location Signage On The Boardwalk; 6) Discussion
Regarding A Proposed Ordinance To Require Construction Staging Plans; 7) Discussion Regarding
Whether Members Of Land Use Boards Should Make Site Visits Prior To Approval Of Applications
Likely To Have Neighborhood Impacts; 8) Discussion On The Blighted Condition Of The 300 Block Of
Ocean Drive. (Page 57)
Consent Agenda, April 14, 2010
C6 - Commission Committee Reports
C6C Report Of The Finance And Citywide Projects Committee Meeting On March 25, 2010: 1) Discussion
Regarding The Potential Garage Project And Joint Venture In The Collins Park Neighborhood; 2)
Status Of A Land Easement Purchase Agreement With The Miami Beach Housing Authority For The
Proposed West Avenue Bridge; 3) Discussion Regarding The Federal Legislative Services
Agreement; 4) Living Wage/Proposed Ordinance Amendment; 5) Discussion Regarding Requested
Right-Of-Way, Entryway, And Public Safety Improvements To Sunset Drive/North Bay Road At The
Entryway To Sunset Islands 3 & 4; 6) Discussion Regarding Property Management Division Cost
Savings Recommendation; 7) Discussion Regarding The Management Agreement To Provide
Professional Tennis Management And Operations Services At The City’s Flamingo Park And North
Shore Park Tennis Centers; 8) Discussion Regarding An Amendment To A Resolution Regarding
Assignment Of A Police Officer To The Police Athletic League (PAL); 9) Discussion Regarding Global
Spectrum’s Fiscal Year 2009 Performance And Potential Adjustments/Amendments To The Existing
Management Agreement; 10) Discussion Regarding The Process For City Of Miami Beach License
Renewals, Including Notices Provided To License Holders; 11) Update On Ameresco Water
Reclamation Plant Project. (Page 61)
C7A A Resolution Accepting A Donation To The City, In The Amount Of $7,000, From The Miami Beach
Chamber Of Commerce, To Be Appropriated By The City To Offset Annual Fees For The
International Baccalaureate Program Authorized Schools, For The 2010-2011 School Year.
(Page 73)
(Budget & Performance Improvement)
C7 - Resolutions
C7B A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 3 As
A Guaranteed Maximum Price (GMP) Adjustment To The Agreement For Pre-Construction Services
Between The City Of Miami Beach, Florida, And KVC Constructors, Inc., For Construction
Management At Risk Services, Dated December 6, 2006, Pursuant To Resolution 2006-26416,
Entitled “Construction Management At Risk Pre-Construction Services For The Renovation Of The
Scott Rakow Youth Center Phase II Project”. This Amendment In The Amount Not-To-Exceed
$568,089, For The Provision Of Additional Scope, To Include The Removal And Replacement Of The
Roof And To Install A Reflective Coating On The Ice Rink Portion Of The Roof, In The Amount Of
$297,774; With Previously Appropriated Funding From The Capital Renewal And Replacement
Budget, For The Fiscal Year 2009-2010 Under Account Number 125-6856-000676 And The
Replacement Of The Six Lane Bowling Alley, In The Amount Of $270,315 From Previously
Appropriated Funding In The Pay As You Go Fund 302 For Equipment Fiscal Year 2008 Capital
Budget. (Page 79)
(Capital Improvement Projects)
C7C A Resolution Proclaiming May 2, 2010 Through May 8, 2010 “Municipal Clerk’s Week.” (Page 83)
(City Clerk’s Office)
Consent Agenda, April 14, 2010
C7 - Resolutions
C7E A Resolution Approving And Authorizing The City Manager To Execute (Following The Expiration Of
The Initial Term, Which Occurred On March 31, 2010) A Month To Month Extension Of The Lease
Agreement With Fort Lauderdale Harley Davidson, Inc. For The Lease Of Fifteen (15) Police
Motorcycles Plus Two (2) Spare Motorcycles For The City’s Police Department; Said Extensions
(Upon The Same Terms And Conditions As The Original Lease) Not To Exceed Beyond March 31,
2011. (Page 109)
(Fleet Management)
(Continued)
C7D A Resolution Waiving, By 5/7ths Vote, The Competitive Bidding Requirement, And Approving And
Authorizing The Mayor And City Clerk To Execute An Agreement For Governmental Services
Between The City And MWW Group, In The Amount Of $102,800, To Provide Lobbying And
Consulting Services In Washington D.C., Commencing On October 1, 2010 And Ending On
September 30, 2013, With Two (2), Two Year Renewal Options To Be Exercised At The City’s Sole
Discretion. (Page 87)
(Economic Development)
C7F A Resolution Approving A Parking Lease Agreement With The National Marine Manufacturers
Association (NMMA) Boat Show For The Preferred Parking Lot And Other City Property Adjacent To
The Boat Show Exhibition Space/Premises; Said Lease For The Boat Show Dates In February 2011,
2012, And 2013, Respectively, And Running Concurrently With The Boat Show Lease Agreement For
Use Of The Miami Beach Convention Center. (Page 117)
(Parking Department)
C7G A Resolution Authorizing The City Manager Or His Designee, And City Clerk To Execute The
Coalition Involvement Agreement With The Miami Beach Coalition, Which Authorizes The Miami
Beach Police Department Personnel, When Available, To Attend The Miami Beach Coalition
Meetings And Training Seminars, And To Participate In Strategic Planning Relative To Juvenile Drug
Prevention, Pursuant To The Drug Free Communities Support Program Grant For The Prevention Of
Drug And Alcohol Abuse In The City Of Miami Beach. (Page 123)
(Police Department)
C7H A Resolution Authorizing The City Of Miami Beach To Accept Monetary Donations In Order To Fund
The City Of Miami Beach “Take Your Child To Work Day” (The “Event), And Further Approving The
Appropriation Of The Donated Funds For The Event. (Page 127)
(Police Department)
C7I A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Locally Funded
Agreement With The Florida Department Of Transportation (FDOT) For The Construction Of Bi-
Directional Bike Lanes On 5th Street, From Lenox Avenue To Collins Avenue, And Stamped Asphalt
Crosswalks On 5th Street, From Alton Road To Collins Avenue, As Part Of The FDOT 5th Street
Roadway Improvement Project (Under Financial Project Number 414636-1); Further Approving And
Authorizing The City Manager To Execute A Maintenance Memorandum Of Agreement And A
Financial Memorandum Of Agreement With FDOT For The Crosswalks. (Page 131)
(Public Works)
Consent Agenda, April 14, 2010
C7 - Resolutions
C7L A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To
The Management Agreement Between The City Of Miami Beach, Florida And Altos Del Mar Sculpture
Park, Inc. For The Operation Of A Sculpture Park In Altos Del Mar Park; Said Amendment Defining
The “Possession Date” As The Date The City Allows ADMSP To Enter Upon And Take Possession
Of The Premises; And, Accordingly, Further Providing That ADMSP’s Obligations Under The
Agreement With Respect To Maintenance Of The Premises, And ADMSP’s Obligation To Provide
General Liability Coverage For The Premises, Shall Not Commence Until Said Possession Date.
(Page 215)
(Tourism & Cultural Development)
C7M A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To
The Management Agreement Between The City Of Miami Beach, Florida And Global Spectrum, L.P.
For The Miami Beach Convention Center, Colony Theater, And Byron Carlyle Theater; Amending
Section 8.4 (B) (3), Entitled Letter Of Credit; And Further Amending Section 8.4 (B) (2), Entitled
Messe Schweiz (M.S.) Guarantee. (Page 223)
(Tourism & Cultural Development)
C7N A Resolution Accepting The Recommendation Of The City Manager Pursuant To Request For
Proposals (RFP) No. 15-09/10, For Underwriter Services For A Five Year Period; Authorizing The
Administration To Enter Into Negotiations With The Following Firms: Bank Of America Merrill Lynch,
Citigroup Global Markets, Inc., First Southwest, Loop Capital Markets, LLC, Morgan Keegan &
Company, Inc., Morgan Stanley, Raymond James & Associates, Siebert Brandford Shank & Co.
L.L.C., Sterne Agee & Leach, Inc., Wells Fargo Securities, LLC., Estrada Hinojosa & Company, Fifth
Third Securities, J.P. Morgan, Mfr Securities, Inc., And Suntrust Robinson Humphrey; And Further
Authorizing The Mayor And City Clerk To Execute Agreements Upon Completion Of Successful
Negotiations By The Administration. (Page 237)
(Finance Department)
(Continued)
C7J A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Maintenance
Memorandum Of Agreement With The Florida Department Of Transportation (FDOT) For Pedestrian
And Landscape Improvements On 71st Street, From West Bay Drive To 50 Feet West Of Collins
Avenue, As Part Of The FDOT 71st Street Roadway Improvement Project (Under Financial Project
Number (FPN) 419825-1). (Page 167)
(Public Works)
C7K A Resolution Approving And Adopting The Attached Local Housing Assistance Plan For The State
Housing Initiatives Partnership (SHIP) Program For Fiscal Years 2010/11, 2011/12, And 2012/13, As
Required By The State Housing Initiatives Partnership Program Act, Subsections 120.907-420.9079,
Florida Administrative Code; Authorizing The Necessary Certifications By The Mayor And The City
Clerk; Authorizing Submission Of The Local Housing Assistance Plan For Review And Approval By
The Florida Housing Finance Corporation; Authorizing The Appropriation Of SHIP Program Funds For
Fiscal Year 2010/11, 2011/12, And 2012/13 In Amounts To Be Determined, Or Such Final Allocation
Amounts, As Adjusted By The Florida Housing Finance Corporation; And Authorizing The
Appropriation Of Any Interest Accrued Thereon, For Eligible Activities Under The SHIP Program
Rules. (Page 181)
(Real Estate, Housing & Community Development)
End of Consent Agenda