20100310_Reg_titles_AgendaCity 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
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REGULAR AGENDA
R2 - Competitive Bid Reports
R2A Request For Approval To Award A Contract To SSE & Associates, Inc. Pursuant To Invitation To Bid
No. 14-09/10, For The Miami Beach Convention Center Airwall Repairs, Replacement, And Re-
Covering In The Amount Of $1,243,542.59. (Page 277)
(Procurement/Tourism & Cultural Development)
R5 - Ordinances
R5A Bicycle Advertising
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. 10:20 a.m. Second Reading Public
Hearing (Page 283)
(Parking Department)
(First Reading on February 3, 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, March 10, 2010
R5 - Ordinances (Continued)
R5B An Ordinance Amending Ordinance No. 1335, The Classified Employees' Leave Ordinance, By
Amending The Provisions For Accumulation And Payment Of Annual And Sick Leave For The
Government Supervisors Association Of Florida/Opeiu, Local 100, Providing For A Repealer,
Severability, And An Effective Date. 10:30 a.m. Second Reading Public Hearing (Page 291)
(Human Resources)
(First Reading on February 3, 2010)
R5C 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. 10:40 a.m. Second Reading Public
Hearing (Page 299)
(Planning Department)
(First Reading Public Hearing On January 13, 2010)
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 313)
(Code Compliance)
(Continued from January 13, 2010)
R5E Consultant Review Fee Ordinance
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 118,
“Administration And Review Procedures,” Article 1, “In General,” By Enacting A New Section 118-6,
Entitled “Use Of, And Cost Recovery For, Consultants For Applications For Development Approval,”
Requiring Applicants Required To Submit Traffic And Other Technical Reports As Part Of Their
Applications To Fund Report Preparation By Consultants Selected From A City-Approved List, In
Addition To Any Consultant Reports The Applicant Desires To Submit, And To Require Cost
Recovery For City’s Use Of Consultants Needed To Review Reports Submitted With Such
Applications; Providing For Repealer; Codification; Severability; And An Effective Date.
11:00 a.m. Second Reading Public Hearing (Page 321)
(Planning Department)
(First Reading on February 3, 2010)
Regular Agenda, March 10, 2010
R5 - Ordinances (Continued)
R5F 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 Provisions Regarding Fees, Certificate Requirements, Administrative
Rules, And The Procedures For The Processing Of Applications; By Amending Section 18-905,
Entitled “Permit Application,” By Amending The Provisions Regarding Fees, And Amending The
Procedures Relative To Permits And Lotteries; By Amending Section 18-906, Entitled “Regulations
And Prohibitions” By Amending The Provisions Concerning Lottery Procedures, Zone Locations,
Expanding The Number Of Zones And Providing For Multiple Permits For Zone Locations Pursuant
To The Administrative Rules, 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 At The Permittees’ Tables; Providing For Repealer, Severability, Codification, And An
Effective Dates. 11:15 a.m. Second Reading Public Hearing (Page 333)
(Code Compliance)
(First Reading on February 3, 2010)
R5G An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 2 Thereof By
Creating Section 2-463 Entitled “Prohibition Of Certain Post-Service/Employment Relationships”
Prohibiting Certain Post-Service/Employment Activity Of Members Of City Commission And City
Employees For A Period Of Two Years After Leaving City Service/Employment; Providing For
Penalties; Repealer, Severability, Codification And Effective Date. 11:30 a.m. Third Reading Public
Hearing (Page 365)
(Requested by Former Commissioner Victor M. Diaz, Jr./City Attorney’s Office)
(Continued from December 9, 2009)
R5H 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. First Reading (Page 369)
(City Manager’s Office)
Regular Agenda, March 10, 2010
R5 - Ordinances (Continued)
R5I 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 Amending 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. First Reading (Page 415)
(City Manager’s Office)
R7 - Resolutions
R7A A Resolution Approving On Second Reading (And Final Approval), Following A Duly Noticed Public
Hearing, A Lease Agreement Between The City And MDGLCC Foundation, Inc., For Use Of
Approximately 2,543 Square Feet Of City-Owned Property, Located At 1130 Washington Avenue, 1st
Floor North, 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; Authorizing The Mayor And City
Clerk To Execute The Lease Agreement. 10:15 a.m. Second Reading Public Hearing (Page 433)
(Real Estate, Housing & Community Development)
(First Reading on February 3, 2010)
R7B A Resolution Approving, Following Duly Noticed Public Hearings, The Placement Of Four (4)
Memorial Plaques On Park Benches In The Washington Avenue Dog Park, Located At 225
Washington Avenue, Miami Beach, Florida, In Honor Of Sheldon & Susan Kruger (Parents Of Stacey
Kruger) And Lorraine Bolowich, (Mother Of Jackie Lalonde), And Dogs Owned By Tony A. Trujillo And
Mr. And Mrs. Larry Wyman, All In Accordance With Section 82-504 Of The Miami Beach City Code;
Accepting The Arts In Public Places (AIPP) Committee’s Recommendations Regarding The Memorial
Plaques At The Committee’s February 23, 2010 Meeting; And Further Authorizing The Acceptance Of
Donations From Jackie Lalonde, Stacey Kruger, Tony A. Trujillo, And Mr. And Mrs. Larry Wyman
(South Pointe Neighborhood Residents) In The Amount Of $3,000 Each, For A Total Of $12,000, To
Be Added To The Washington Avenue Dog Park Budget For The Purchase Of The Four (4) Park
Benches And Other Improvements To The Dog Park. 10:50 a.m. Public Hearing (Page 465)
(Parks & Recreation)
Regular Agenda, March 10, 2010
R7 - Resolutions (Continued)
R7C 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 477)
(Parks & Recreation)
R7D A Resolution Adopting The First Amendment To The General, Enterprise, And Internal Service Funds
Budgets For Fiscal Year (FY) 2008/09 To Appropriate Prior Year Encumbrances And Amend Certain
Budgets. (Page 497)
(Budget & Performance Improvement)
R7E A Resolution Approving Amendment No. 1 To The Agreement Between The City And ACS State And
Local Solutions, Inc., For Photo Red Light Enforcement Program, Dated September 23, 2009, To
Require ACS To Install Eight (8) Designated Intersection Approaches By March 10, 2010; Amending
The Warning Period, To Be Extended To April 5, 2010; And Amending The Parties’ Respective
Rights And Obligations With Respect To Certain Termination Provisions, As Same Are More
Specifically Set Forth In The Agreement. (Page 513)
(City Manager’s Office)
R7F A Resolution Approving And Officially Adopting The Basis Of Design Report (BODR), Which Final
BODR, If Approved, Shall Also Be The Approved Lincoln Park (Park) Project Concept Plan; With
Funding Provided From The Previously Appropriated City Center RDA Funds; And Further Approving
The Preliminary Park Project Budget, In The Amount Of $13,085,000. (Page 529)
(City Manager’s Office)
R9 - New Business and Commission Requests
R9A Board And Committee Appointments. (Page 539)
(City Clerk’s Office)
R9A1 Board And Committee Appointments - City Commission Appointments. (Page 545)
(City Clerk’s Office)
R9A2 Reappoint Michael Band To The Miami Beach Housing Authority. (Page 561)
(Requested by Mayor Matti Herrera Bower)
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (1:30 p.m.) (Page 563)
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
Regular Agenda, March 10, 2010
R9 - New Business and Commission Requests (Continued)
R9C Discussion And Referral To The Land Use And Development Committee - Resolution Against
Gambling On Miami Beach. (Page 565)
(Requested By Commissioner Jonah Wolfson)
R9D Discussion Regarding The Possibility Of An Ordinance Prohibiting The Sale Of Individual Cans Or
Bottles Of Alcoholic Beverages By Retail Establishments. (Page 567)
(Requested By Commissioner Jonah Wolfson)
R9E Discussion Regarding The Current Status Of The Baywalk Behind The Flamingo. (Page 571)
(Requested by Commissioner Edward L. Tobin)
R9F Discussion Regarding Public Sidewalk Finishes And Colors. (Page 573)
(City Manager’s Office)
R9G Discussion On An Amendment To The Flamingo Park Master Plan Relative To The Tennis Center
Facility. (Page 579)
(Capital Improvement Projects)
R9H Discussion Of The City Center 9C Project - Lincoln Road Median As Discussed At The February 16,
2010 Neighborhoods/Community Affairs Committee Meeting. (Page 589)
(City Manager’s Office)
R9I Discussion Regarding A Resolution Supporting Legislative Efforts To Extend Life Safety Retrofit
Relief To Community Associations, And Urging Governor Charlie Crist To Support The Adoption Of
HB 561, Sponsored By Representative Ellyn Bogdanoff, And SB1222, Sponsored By Senator Jeremy
Ring. (Page 593)
(Requested by Vice-Mayor Jerry Libbin)
R10 - City Attorney Reports
R10A Notice Of Closed Executive Session. (Page 599)
Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During
Recess Of The City Commission Meeting On Wednesday, March 10, 2010, In The City Manager’s
Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining.
Regular Agenda, March 10, 2010
Reports and Informational Items
A 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 January 28, 2010. (Page 603)
(Requested by Mayor Matti Herrera Bower)
2. Minutes From The Wolfsonian - Florida International University Advisory Board Meeting On
January 20, 2010. (Page 615)
(Requested by Mayor Matti Herrera Bower)
End of Regular Agenda