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20100310_Con_titles_Agenda 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 March 10, 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 R7 Resolutions C2 Competitive Bid Reports R9 New Business & Commission Requests 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, March 10, 2010 ii Presentations and Awards PA1 Certificates Of Appreciation To Be Presented To The Volunteers For Project Holiday Clean Up. (Page 3) (Requested by Mayor Matti Herrera Bower & City Manager) PA2 Certificates Of Appreciation To Be Presented To The Murano At Portofino, The Bath Club, The Parking Department For The 81st Street Parking Lot And Special Recognition To The Miami Beach Fire Department/Ocean Rescue For Life Guard Stand No. 1, By The City Of Miami Beach Beautification Committee For Their Efforts In Contributing Significantly To The Beautification Of The City. (Parks & Recreation) PA3 Certificate Of Recognition To Be Presented To Jesus Rios For His Driving Skills And Success In The 13th Annual Skip Barber Karting Scholarship Shoot-Out. (Requested by Mayor Matti Herrera Bower) PA4 Proclamation To Be Presented To The Tuesday Morning Breakfast Club For Its Longstanding Contribution To The Vibrant Civic Life Of Miami Beach. (Requested By Mayor Matti Herrera Bower) PA5 Certificate Of Appreciation To Be Presented To The Aetna Foundation For Their Continuing Contribution To Obesity Prevention And Nutrition Education For Miami Beach Elementary School Children Via A Third Grant To UNIDAD Of Miami Beach, Inc. (Requested By Mayor Matti Herrera Bower) PA6 Certificate Of Recognition To Be Presented To Jacob Stern For Being A Distinguished Finalist In The 2010 Prudential Spirit Of Community Awards. (Requested By Mayor Matti Herrera Bower) PA7 Brief Report And Recognition Of The Miami Beach Police Department For Their Quick Response And Follow Up To The February 18th Stabbing Incident Involving Local High School Students. (Requested By Mayor Matti Herrera Bower) PA8 Certificate Of Appreciation To Be Presented To Jose Garcia For His Leadership Role In The Success Of The 2010 MiaGreen Expo And Conference. (Requested By Commissioner Michael Góngora) PA9 Certificates Of Recognition To Be Presented To King Rafael Aguilo And Queen Carmen San Roman Of The South Pointe Plaza And Rehab Center In Miami Beach. (Requested By Commissioner Michael Góngora) PA10 Certificate Of Appreciation To Be Presented To The Electric Bicycle Store For Playing A Pivotal Role In Helping Miami Beach To Become A "Greener" Community. (Requested by Commissioner Jonah Wolfson) Consent Agenda, March 10, 2010 iii Presentations and Awards (Continued) PA11 Certificate Of Appreciation To Be Presented To Mr. Luis C. Hernandez, Commemorating His 80th Birthday And His Contributions To The City Of Miami Beach. (Requested by Commissioner Jonah Wolfson) CONSENT AGENDA Action: Moved: Seconded: Vote: C2 - Competitive Bid Reports C2A Request For Approval To Award Contract To Franmar Corporation, Pursuant To Invitation To Bid (ITB) No. 19 - 09/10, For The Rental Of 65-Passenger Air Conditioned School Buses With Drivers For The City’s Parks And Recreation Summer Programs; Senior Enhanced Transportation Program Services (SETS); And Shuttle Service For Special Events, In The Annual Amount Of $55,000. (Page 7) (Procurement/Parks & Recreation) C2B Request For Approval To Reject All Proposals Received Pursuant To RFP No. 10-25/91, Issued By Gallagher Benefit Services, For A Voluntary Benefits Program. (Page 11) (Human Resources) C2C Request For Approval To Purchase Two (2) 2010 Freightliner Chassis With 12 Cubic Yard Dump Body, From Atlantic Truck Center, Pursuant To Florida State Contract No. 09-17-0908, In The Amount Of $163,834.00. (Page 15) (Fleet Management) C2D Request For Approval To Issue A Purchase Order In The Total Amount Of $38,120 To International Surveillance Technology, Inc., For The Purchase Of Surveillance Equipment Products For The Police Department, Utilizing Grant Funds For The Urban Areas Security Initiative (UASI) Program. (Page 21) (Police Department) Consent Agenda, March 10, 2010 iv C2 - Competitive Bid Reports (Continued) C2E Request For Approval To Purchase One (1) 2010 Ford Explorer Sport Trac, Two (2) 2010 Ford F-250 Crew Cab With Stake Body, One (1) 2010 Ford F-350 Aluminum Bed, From Duval Ford, Pursuant To Florida State Contract No. 09-17-0908, In The Amount Of $92,046.00. One (1) 2010 Ford Focus, Two (2) 2010 Ford F-150, One (1) 2010 Ford Ranger, Two (2) 2010 Ford F-350 Aluminum Bed, From Duval Ford, Pursuant To Florida State Contract No.09-17-0908, In The Amount Of $101,719.00. One (1) 2010 Ford F-150, Four (4) 2010 Ford F-250 Utility Body, One (1) 2010 Ford F-250 Extended Cab, One (1) 2010 Ford F-250 Regular Cab, From Duval Ford, Pursuant To Florida State Contract No. 09- 17-0908, In The Amount Of $140,862.00. One (1) 2010 Ford F-250 Regular Cab, One (1) 2010 Ford F-250 Utility Body, From Duval Ford, Pursuant To Florida State Contract No. 09-17-0908, In The Amount Of $40,410.00. One (1) 2010 Ford Focus And Two (2) 2010 Ford F-150, From Duval Ford, Pursuant To Florida State Contract No. 09-17-0908, In The Amount Of $46,954.00. (Page 29) (Fleet Management) C2F Request For Approval To Issue A Request For Proposals (RFP) To Provide Unarmed Security Guard Services. (Page 35) (Procurement/Parking/Police Department) C4 - Commission Committee Assignments C4A Referral To The Land Use And Development Committee To Discuss The Placement Of A Plaque At The Flamingo Park Tennis Facility Commemorating Mr. Morry Moss And His Tremendous Contribution To Tennis On Miami Beach. (Page 55) (Requested By Commissioner Jonah Wolfson) C4B Referral To The Land Use And Development Committee To Discuss An Ordinance Amendment That Would Require Notice To Be Given To Residents Within A Certain Distance Of Any Proposed Movie Or Film Permit. (Page 57) (Requested By Commissioner Jonah Wolfson) C4C Referral To The Sustainability Committee - Discussion Regarding The Issue Of Restricting Plastic Bags In Miami Beach. (Page 59) (Requested by Commissioner Michael Góngora) C4D Referral To The Sustainability Committee - Discussion Regarding The Issue Of Banning Leaf Blowers. (Page 61) (Requested by Commissioner Michael Góngora) C4E Referral To The Finance And Citywide Projects Committee - 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. (Page 63) (Parks & Recreation) Consent Agenda, March 10, 2010 v C4 - Commission Committee Assignments (Continued) C4F Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding Whether Miami Beach Should Require Naming Rights When It Gives A Substantial Gift To An Organization. (Page 65) (Requested by Mayor Matti Herrera Bower) C4G Referral To The Finance And Citywide Projects Committee - Discussion Regarding The Proposed Sunset Islands 3 And 4 Entryway Improvements. (Page 67) (Capital Improvement Projects) C4H Referral To The Finance And Citywide Projects Committee Of An Amendment To A Resolution Regarding Assignment Of A Police Officer To The Police Athletic League (PAL). (Page 69) (City Manager’s Office) C4I Referral To The Finance And Citywide Projects Committee - Discussion Regarding Global Spectrum’s Fiscal Year End 2009 Performance And Potential Adjustments/Amendments To The Existing Management Agreement. (Page 73) (Tourism & Cultural Development) C4J Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding Miami Beach Youth Camps And The Different Ages Served By These Camps As Well As Programs Available For Children With Disabilities. (Page 75) (Requested By Commissioner Jonah Wolfson) C4K Referral To The Finance And Citywide Projects Committee - Discussion Regarding The Process For City Of Miami Beach License Renewals, Including Notices Provided To License Holders. (Page 77) (Requested By Commissioner Jonah Wolfson) C6 - Commission Committee Reports C6A Report Of The Finance And Citywide Projects Committee On January 26, 2010: 1) Selection Of A Chair And Vice-Chair For The Finance And Citywide Projects Committee For A One Year Term; 2) Discuss Franchise Hauler Status And Options For The City; 3) Discussion Regarding The Fiscal Impact Of Amending The City’s Living Wage Ordinance To Revise The Minimum Wage Requirements; 4) Discussion Regarding An Ordinance To Amend The CMB Living Wage Ordinance To Eliminate The Option For Companies To Not Provide Health Benefits To Employees Of Companies Contracting With City Government; 5) Discussion Regarding A Request For Proposal (RFP) For A New Security Guard Contract; 6) Discussion Regarding Amending And Restating The City’s Bass Museum Agreement To Allow For Replacement Of The Museum’s Current Board Of Trustees By A New Governing Entity; 7) Discussion Regarding Establishing The Mayor And Commission Arts Ball; 8) Discussion Regarding Issues Related To The Port Dredging Project; 9) Discussion Regarding The Internal Audit Division’s Audited Areas For Fiscal Year 2008/09 And FY 2009/10 Risk Assessment Areas. (Page 81) Consent Agenda, March 10, 2010 vi C6 - Commission Committee Reports (Continued) C6B Report Of The Land Use And Development Committee Meeting On January 28, 2010: 1) Selection Of A Chair And Vice-Chair For The Land Use And Development Committee; 2) The Following Items: a. Discussion Of Potential Amendment To The Land Development Regulations Permitting Short Term Rentals Of Apartment Units Or Townhomes In A Specific Area District; b. Discussion Regarding Possible Expansion Of Bed And Breakfast Definition; 3) Discussion Of An Amendment To Section 142-902 Of The Land Development Regulations, To Permit Additional Accessory Uses In Buildings Adjacent To, And Providing Access To A Public Baywalk. (Page 89) C6C 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 93) C6D Report Of The Capital Improvement Projects Oversight Committee Meeting On February 1, 2010: 1) Attendance; 2) Review and Acceptance of Minutes; 3) Public Comments; 4) Discussion Items: 4a) Residential Irrigation Sub-meter Process; 5) Requested Reports: 5a) Status Report: Peak-flow Analysis Summary; 5b) Status Report: Wastewater Infiltration & Inflow; 5c) Construction Update: South Pointe Ph II Neighborhood Improvement Project; 5d) Status Report: South Pointe Ph III/IV/V Neighborhood Improvement Project; 6) Old Business: 6a) CIP Project Status Report; 6b) Construction Update: Normandy Shores Neighborhood Improvement Project; 6c) Status Report: Venetian Islands Neighborhood Improvement Project; 6d) Status Report: Sunset Islands I & II; 6e) Status Report: Sunset Islands III & IV; 6f) Status Report: Royal Palm Avenue and 44th Street Flooding Mitigation; 6g) Status Report: Palm & Hibiscus Island Ungdergrounding; 6h) Status Report: Flamingo/West Avenue Neighborhood Improvement Project; 7) Staff Action Report; 8) Calendar; 9) Adjournment. (Page 99) C6E Report Of The Land Use And Development Committee Meeting On February 25, 2010: 1) RFLI For Parking Garage In The North Beach Town Center; 2) Ordinance Amendment – Expanding The Use Of Parking Impact Fees (Fee In-Lieu Of Providing Parking) Monies To Have More Flexibility An Ordinance Amending Chapter 130 Of The City Code, “Off-Street Parking,” Article V, “Parking Impact Fee Program,” By Expanding The Scope Of Projects Able To Be Funded By The Program To Include Transportation And Mobility Related Improvements And Programs, By Making Minor Changes In Language To Reflect That The Program Is A Fee-In-Lieu Of Providing Parking, And Providing For Repealer, Nonseverability, Codification, And An Effective Date; 3) a. Discussion Of Potential Amendment To The Land Development Regulations Permitting Short Term Rentals Of Apartment Units Or Townhomes In A Specific Area District; b. Discussion Regarding Possible Expansion Of Bed And Breakfast Definition; 4) Discussion Regarding The Pending Ordinance To Permit Entertainment In The Sidewalk Café Permit Area At 1200 Ocean Drive; 5) Referral To The Land Use And Development Committee: Discussion Of A Proposed Historic District Buffer Overlay Zoning District For The Alton Road Corridor; 6) An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 82, “Public Property,” Article IV, “Uses In Public Rights-Of-Way,” Division 6, “Prohibited Signs Over Public Property,” Section 82-414 “Permitted Signs, Shelters And Advertising In Public Rights-Of-Way”, To Permit Advertising On Rental Bicycles As Part Of A City Bike Sharing Program; Providing For Codification, Repealer, Severability And An Effective Date. (Page 103) Consent Agenda, March 10, 2010 vii C7 - Resolutions C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit The Following Applications: 1) Transportation Enhancement Funds From Miami-Dade County’s Metropolitan Planning Organization For Funding In An Amount Not To Exceed $1,000,000 For Phase 2 Of The Middle Beach Recreation Corridor; 2) National Endowment For The Arts For Funding In An Amount Not To Exceed $100,000 For The City’s “Mermaid” Sculpture; 3) American Recovery And Reinvestment Act Funding Through The United States Department Of Commerce For The Broadband Technology Opportunity Program In An Amount Not To Exceed $5 Million For The City’s Broadband Initiative; 4) Florida Inland Navigation District For Funding In An Amount Not To Exceed $1,000,000 For The Construction Phase Of South Pointe Pier, And For Funding In An Amount Not To Exceed $200,000 For The City’s Seawall Improvement Project; And, 5) Retroactively, To The State Of Florida, Department Of Health, For Funding In An Amount Not To Exceed $15,000 For Equipment Related To Pre-Hospital Emergency Services; Appropriating The Above Funds, If Approved And Accepted By The City, And Authorizing The Execution Of All Necessary Documents Related To These Applications. (Page 109) (Budget & Performance Improvement) C7B A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For Qualifications (RFQ) No. 10-09/10, For Planning, Design, Bid, Award And Construction Administration Services For The Property Management Facility Project; And Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm, Wolfberg Alvarez; And Should The Administration Not Be Able To Successfully Negotiate An Agreement With The Top-Ranked Firm, Authorizing The Administration To Negotiate With The Second-Ranked Firm, Zyscovich; And Should The Administration Not Be Able To Negotiate An Agreement With The Second-Ranked Firm, Authorizing The Administration To Negotiate An Agreement With The Third-Ranked Firm, Borrelli & Partners. (Page 123) (Procurement/Capital Improvement Projects) C7C A Resolution Approving And Authorizing The Transfer Of $157,000 In Unused Funds From Account Number 480-2448-061357 For Design, To Account Number 480-2448-069357 For Construction, To Fund Construction Activities For The Interior Build-Out Of The City Owned 30,000 SF Of Tenant Space In The Multi-Purpose Parking Facility (City Hall Garage) Pursuant To The Construction Contract Between The City And Link Construction Group Inc., With Funding From Previously Appropriated Funds From FY 06/07 Capital Budget In The Parking Operating Fund 480. (Page 131) (Capital Improvement Projects) C7D A Resolution Approving A Preconstruction Application For Historic Ad Valorem Tax Exemption For A Single-Family Property At 4431 Alton Road, And Authorizing The Miami-Dade County Property Appraiser’s Office To Grant This Tax Exemption For The City’s Portion Of Ad Valorem Property Taxes For Qualifying Improvements To The Subject Property Following Substantial Completion Of The Project And Compliance With Certain Conditions. (Page 137) (Planning Department) C7E A Resolution Adopting And Appropriating The First Amendment To The Police Confiscation Trust Fund Budget For Fiscal Year 2009/10 In The Amount Of $6,161 To Be Funded From The Proceeds Of State Confiscated Funds. (Page 161) (Police Department) Consent Agenda, March 10, 2010 viii C7 - Resolutions (Continued) C7F A Resolution Approving And Authorizing The City Manager Or His Designee To Respond To A Request For Information (RFI) By Google, Inc., For Consideration Of Miami Beach As A Trial Location For Development Of An Ultra-High Speed Broadband Network. (Page 167) (Economic Development) C7G A Resolution Approving The Realignments Of The South Beach Local Route Extensions To Belle Isle And Collins Park As Requested By Community Representatives Of Each Respective Neighborhood, And Request The Implementation Of The Realignments By Miami-Dade Transit, As Part Of The June 2010 Bus Route Selection Process. (Page 171) (Public Works) C7H A Resolution Authorizing The Mayor And City Clerk To Appropriate Funds In The Amount Of $496,498 To Establish Water Main Fire Flow Redundancy Outside The Neighborhood Improvements Program Along Collins Avenue From 41st To 44th Streets; From The 2010 Water And Sewer Bonds. (Page 185) (Public Works) C7I A Resolution Approving And Authorizing The City Manager To Issue A Time-Limited Certification Of Consistency With The City’s Consolidated Plan To The Housing Authority Of The City Of Miami Beach (HACMB) For Its Five-Year And Annual Plan For Fiscal Year 2010, To Be Submitted By HACMB To The U.S. Department Of Housing And Urban Development (U.S. HUD). (Page 189) (Real Estate, Housing & Community Development) C7J A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Neighborhood Stabilization Program 1 (NSP1) Agreement, Dated January 27, 2010, Between The City And Miami Beach Community Development Corporation (MBCDC); Said Amendment Approving A One Time Only Assignment Of The Madeleine Apartments, Located At 7871-7861 Crespi Boulevard (The Property, Acquisition And Rehabilitation Of Which Property Is Funded By NSP1 Funds Under The Forestated Agreement, In The Amount Of $2,376,181.53) From MBCDC To MBCDC: Madeleine Village, LLC, A Limited Liability Corporation Whose Sole Member (Agent) Is MBCDC. Further Approving And Authorizing The City Manager And City Clerk To Amend The Mortgage And Security Agreement To Reflect An Increase In The Affordability Period From Fifteen (15) Years To Thirty (30) Years. (Page 197) (Real Estate, Housing & Community Development) Consent Agenda, March 10, 2010 ix C7 - Resolutions (Continued) C7K A Resolution Approving An Amended And Restated Agreement Between The City And Dennis Alan Richard (As Testamentary Devisee Under The Will Of John Bass, On Behalf Of John And Johanna Bass), Which New Agreement Replaces And Supercedes The 1963 Agreement (And All Amendments Thereto) Between The City And John And Johanna Bass, And Hereinafter Sets Forth The Parties’ Respective Rights And Obligations With Respect To The Continued Administration, Operation And Maintenance Of The John And Johanna Bass Collection At The Bass Museum Of Art; Provided Further That The City And Mr. Richard Shall Not Execute And Effectuate The Said New Agreement Until Such Time As 1) The Friends Of The Bass Museum, Inc. Approves Its New By-Laws, Which By-Laws, In Part, Will Formally Rename The Friends To The Bass Museum Of Art, Inc.; And 2) The Transition From The Friends (And The Current Bass Museum Board Of Directors) To The Bass Museum Of Art, Inc., As The Intended New Governing Entity Of The Bass Museum, Is Accomplished. (Page 203) (Tourism & Cultural Development) C7L A Resolution Retroactively Accepting And Appropriating Contributions From The South Florida Super Bowl Host Committee, Ocean Drive Association And Motorola, Incorporated In An Amount Not To Exceed One Hundred And Eight Thousand Dollars ($108,000) Toward The Costs Associated With The Closure Of Ocean Drive During Super Bowl XLIV. (Page 247) (Tourism & Cultural Development) C7M A Resolution Authorizing The City Of Miami Beach To Submit An Application For Funding To The U.S. Department Of Homeland Security On Behalf Of Mount Sinai Medical Center For The Storm Surge Emergency Power Protection Project; Directing The City Manager To Sign All Corresponding Documents For The Submission Of The Application; And Acknowledging The Retained Accountability By The City Of Miami Beach For Those Funds That Are Awarded To The Project. (Page 251) (Economic Development) C7N Agency Account For Additional Two-Percent (2%) Employee Contribution (Page 269) 1. A Resolution Retroactively Authorizing The Administration To Create An Agency Account For The Purposes Of Holding The 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 Pay Period Beginning On January 18, 2010 And Shall Continue For One (1) Twelve (12) Month Rolling Period. 2. A Resolution Retroactively Authorizing The Administration To Create An Agency Account For The Purposes Of Holding The 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 Pay Period Beginning On January 18, 2010 And Shall Continue For One (1) Twelve (12) Month Rolling Period. (Human Resources) End of Consent Agenda