Regular Agenda Titles April 14 2010City 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
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REGULAR AGENDA
R2 - Competitive Bid Reports
R2A Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 16-09/10, For The
North Shore Bandshell Facility Renovations Project, Authorizing The Mayor And City Clerk To
Execute An Agreement With OAC Action Construction Corp., At The Not-To-Exceed Amount Of
$934,262.81, For The Construction Of The Project, Plus Approve A Project Contingency In The
Amount Of $93,426.28 For A Grand Total Of $1,027,689.09 From Funds Previously Appropriated In
The Capital Budget; Further Authorizing The Administration To Engage In Value Engineering To
Further Reduce The Cost And Time For Completion Of Said Project. (Page 247)
(Procurement/Capital Improvement Projects)
R5 - Ordinances
R5A An Ordinance Amending Section 90-230 Of Chapter 90 Of The City Code, Entitled “Solid Waste;”
Said Amendment Increasing The Term Of The City’s Franchise Waste Contractors/Franchise Waste
Contractor Agreements From Three (3) To Five (5) Years; Amending Section 90-231, Entitled
“Recycling Requirements For Franchise Waste Contractors; Protest Procedures;” And Further
Amending Various Non-Substantive Definitions And Terms Throughout Chapter 90 To Update And
Clarify Same (As Well As Deleting Various Definitions And Terms For The Same Corresponding
Purposes Of Update/Clarification); And Providing Further For Codification, Severability, And An
Effective Date. 10:15 a.m. Second Reading Public Hearing
(City Manager’s Office)
(Page 263)
(First Reading on March 10, 2010)
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, April 14, 2010
R5 - Ordinances (Continued)
R5B An Ordinance Amending Chapter 86 Of The Miami Beach City Code Entitled “Sales,” By Amending
Article III, Entitled “Non-Profit Vending And Distribution,” By Amending Division 1, Entitled “Generally,”
By Amending Section 86-141, Entitled “Definitions,” By Clarifying The Definition Of Message-Bearing
Merchandise; By Amending Section 86-143, Entitled “Area Reserved For Non-Profit Vending And
Distribution,” By Clarifying Permit Requirements And Amending The Provisions Regarding The
Relocation Or Suspension Of Non-Profit Vending Under Certain Circumstances; By Amending
Section 86-145, Entitled “Prohibitions,” By Amending The Activities And Actions Prohibited By A
Permit Holder; By Amending Section 86-148, Entitled “No Permit; Penalty,” By Amending The
Activities Prohibited Without A Permit; By Amending Section 86-152, Entitled “Disclaimer, Display,
And Expiration Of Permit,” By Creating Provisions And Requirements Regarding The Content Of
Permits And Display Requirements; By Amending Division II Of Chapter 86, Entitled “Permit,” By
Amending Section 86-172, Entitled “Application,” By Amending Requirements Relative To The
Content Of Permit Applications; By Amending Section 86-173, Entitled “Processing Fee,” By
Amending The Requirements For Processing Fees For Permits; By Amending Section 86-174,
Entitled “Administrative Rules,” By Amending The Provisions Regarding Administrative Rules And
Setting Forth Fines And Penalties For Non-Compliance With The Administrative Rules; Providing For
Repealer, Severability, Codification, And An Effective Date. 10:20 a.m. Second Reading Public
Hearing (Page 313)
(City Manager’s Office)
R5C 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 329)
(Code Compliance)
(Continued from March 10, 2010)
R5D An Ordinance Amending Chapter 142 Of The City Code, “Zoning Districts And Regulations,” Article
IV, “Supplementary District Regulations,” Division 3, “Supplementary Use Regulations,” By Creating
New Ordinance Section 142-1111, “Short Term Rental Of Apartment Units Or Townhomes,” Providing
For Repealer, Severability, Codification, And An Effective Date. First Reading (Page 333)
(Planning Department)
R5E An Ordinance Amending Miami Beach City Code Chapter 2, Article III, Section 2-22(20) Establishing
Procedure Applicable To The City Commission At-Large Appointments Of Board Members By
Providing That With Regard To The City Of Miami Beach Visitor And Convention Authority, Any
Vacancy Remaining After City Commission Appointment(s) Under The Established Categories May
Be Filled By Applicants From Either Or Both (Combined) “Hotel Industry” Or “Community At Large”
Category; Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
(Page 353)
(Requested by Commissioner Deede Weithorn/City Attorney’s Office)
Regular Agenda, April 14, 2010
R6 - Commission Committee Reports
R6A Report Of The Finance And Citywide Projects Committee Meeting On February 18, 2010: 1)
Discussion Regarding The Basis Of Design Report (BODR) For The Lincoln Park Project With
Funding Provided From The Previously Appropriated City Center RDA Funds; 2) Discussion
Regarding The Potential Garage Project And Joint Venture In The Collins Park Neighborhood; 3)
Discussion Regarding The Fiscal Impact Of Amending The City’s Living Wage Ordinance To Revise
The Minimum Wage Requirements; 4) Discussion Regarding Temporary Storefront Signs; 5)
Discussion Regarding The City Of Miami Beach Endorsement Of Disability Awareness Day 2010; 6)
Discussion Regarding The Current Status Of The City’s Planned Red Light Camera Program As Well
As Use Of Funds Generated; 7) Discussion Regarding The Issue Of Back-Billing Of Storm Equivalent
Units. (Page 359)
(Deferred from March 10, 2010)
R7A A Resolution Authorizing An Appropriation Of Previously Appropriated RDA Funds From The Right Of
Way (ROW) Infrastructure Improvements Project For Neighborhood No. 9A, City Center Historic
District; In The Negotiated Amount Of $646,031, To Provide For Construction And Contingency Of
The 24-Inch PVC Sanitary Sewer Improvements Capital Project From The FY 2009/10 Capital
Budget, Within The City Center Historic District; With Funding For Same Available From Construction
Savings From The Neighborhood No. 9A, City Center Historic District ROW Project, Fund 365,
Originally Appropriated As Part Of The FY 2007/08 And FY 2008/09 Capital Budgets.
R7 - Resolutions
Joint City
Commission And Redevelopment Agency
R7B A Resolution Approving And Adopting Operational Guidelines For South Pointe Park Relating To Park
Hours, Bicycles And Skateboards, Motorized Vehicles, Fishing And Swimming In The Park, The
Rental Of The Recreational Center (Community Room), Fields And Pavilion (Rooftop), And Special
Events In The Park As Recommended By The Neighborhoods/Community Affairs Committee At Its
Meeting Of February 16, 2010. (Page 373)
(Parks & Recreation)
(Deferred from March 10, 2010)
(Page 367)
(Public Works)
R7C A Resolution Approving Amendment No. 1 To The Service Agreement By And Among The City Of
Miami Beach And Waste Services Of Florida, Inc.; Choice Environmental Services Of Miami, Inc.;
Waste Management Of Dade County North; And General Hauling Services, Inc. For Additional Solid
Waste Collection Services, And Collection Of Recycling Materials At City Owned Properties, Parks,
Rights Of Way, And Other Public Facilities And Property(ies). (Page 387)
(City Manager’s Office)
Regular Agenda, April 14, 2010
R7 - Resolutions
R7D A Resolution Approving The Substantive Terms (As Set Forth In This Resolution) Of A Purchase And
Sale Agreement Between The City (Purchaser) And American Riviera Real Estate, LLC. (Seller), For
The Real Property Located At 340 23rd Street, Miami Beach, Florida, In The Amount Of $4,975,000,
To Be Funded From Parking Operations Fund 480 Previously Appropriated In The Capital Budget For
The Cultural Campus Parking Garage I; Further Authorizing The City Manager And City Attorney’s
Office To Negotiate A Final Purchase And Sale Agreement With Seller, Based Upon The Terms Set
Forth Herein; Authorizing The City Manager To Execute The Agreement On Behalf Of The City;
Provided, However, That If There Are Any Terms Which Materially Alter The Substantive Terms Set
Forth Herein, Then Requiring The City Manager To Bring The Agreement Back To The Full City
Commission, For Its Consideration; If An Agreement Is Executed, Further Authorizing The City
Manager And City Attorney To Execute All Closing Documents And Other Agreements, As Required,
Necessary To Effectuate Said Purchase In Accordance With The Terms And Conditions Of This
Resolution And Of The Purchase And Sale Agreement. (Page 403)
(Economic Development)
R7E A Resolution Approving Pursuant To Section 2-367 (D) Of The Miami Beach City Code, The Sole
Source Purchase And Installation Of Pay On Foot (POF) Stations At Municipal Parking Garages From
Consolidated Parking Equipment In The Amount Of $750,038 And Further Appropriating The Amount
Of $750,038 From Funds Previously Appropriated In Parking Fund 480 For The Master Meter Phase
3 Capital Project. (Page 413)
(Parking Department)
(Continued)
R9D Discussion Regarding Public Sidewalk Finishes And Colors. (Page 443)
(City Manager’s Office)
(Deferred from March 10, 2010)
R9 - New Business and Commission Requests
R9A Board And Committee Appointments. (Page 423)
(City Clerk’s Office)
R9A1 Board And Committee Appointments - City Commission Appointments. (Page 429)
(City Clerk’s Office)
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (1:30 p.m.) (Page 439)
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
R9C Discussion On The Current Status Of The Entire Baywalk Project. (Page 441)
(Requested by Commissioner Edward L. Tobin)
(Deferred from March 10, 2010)
Regular Agenda, April 14, 2010
R9 - New Business and Commission Requests
R9I Discussion Regarding The Lack Of Enforcement Of City Ordinances. (Page 485)
(Requested by Vice-Mayor Jerry Libbin)
R9J Discussion Regarding A Resolution Urging President Barack Obama And The United States
Congress To Adopt The Military Readiness Enhancement Act Of 2009 (H.R. 1283), Which Eliminates
The “Don’t Ask, Don’t Tell” Policy And, Among Other Things, Adopts A Policy Of Non-Discrimination
On The Basis Of Sexual Orientation Within The United States Armed Forces; Directing The City Clerk
To Transmit A Certified Copy Of This Resolution To President Barack Obama, Speaker Of The
House Nancy Pelosi, Senate Majority Leader Harry Reid, Senators Bill Nelson And George Lemieux,
And The Miami-Dade County United States Congressional Legislative Delegation. (Page 487)
(Requested by Commissioner Deede Weithorn)
R9K Discussion Regarding A Resolution In Support Of The United American Families Act (UAFA, S.
424/H.R. 1024). (Page 495)
(Requested By Commissioner Michael Góngora)
(Continued)
R9E Discussion On An Amendment To The Flamingo Park Master Plan Relative To The Tennis Center
Facility. (Page 459)
(Parks & Recreation)
(Deferred from March 10, 2010)
(Memorandum to be Submitted in Supplemental)
R9F Report By The Florida Department Of Transportation (FDOT) On The Port Of Miami Tunnel
Construction Project And The Related Community Outreach Efforts. (Page 461)
(Public Works)
R9G Discussion Regarding Belle Isle Traffic And Parking Conditions. (Page 481)
(Requested by Commissioner Jonah Wolfson)
R9H Discussion Regarding An RFP Or RFQ For Claims Auditing Services. (Page 483)
(Requested by Vice-Mayor Jerry Libbin)
Reports and Informational Items (see LTC 098-2010)
Reports and Informational Items
End of Regular Agenda