June 1 con
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
June 1, 2011
Mayor Matti Herrera Bower
Vice-Mayor Jonah Wolfson
Commissioner Jorge Exposito
Commissioner Michael Góngora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
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 and Commission
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, June 1, 2011
ii
Presentations and Awards
PA1 Proclamation To Be Presented To The Miami Beach Police Department's Civilian And Officer Of
The Month For April 2011.
(Requested by Commissioner Jorge R. Exposito)
PA2 Certificates Of Appreciation To Be Presented To North Beach Elementary Awardees Of The Annual
Jennifer Beth Turken Heart Program.
(Requested by Commissioner Jorge Exposito)
PA3 Proclamation To Be Presented To The Goodwill Ambassadors Program.
(Requested by Commissioner Jorge R. Exposito)
PA4 Certificates Of Completion To Be Presented To Community Emergency Response Team (CERT)
Graduates.
(City Manager’s Office)
PA5 Certificates Of Recognition To Be Presented To Miami Beach High School Students Who Participated
In The Romance In A Can Film Festival.
(Requested by Commissioner Deede Weithorn)
PA6 Certificates Of Recognition To Be Presented To The Students That Participated In The 1st Annual
Biscayne Elementary Design Fair.
(Requested by Commissioner Michael Góngora)
PA7 Certificate Of Appreciation To Be Presented To George Rodez For His Dedication In Organizing
The 1st Annual Miami Beach Sister Cities International Artist Showcase.
(Requested by Mayor Matti Herrera Bower and Commissioner Michael Góngora)
PA8 Certificates Of Appreciations To Be Submitted To Participants In The Third Annual Miami Beach
Women’s Conference.
(Requested by Mayor Matti Herrera Bower)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
Consent Agenda, June 1, 2011
iii
C2 - Competitive Bid Reports
C2A Request For Approval To Issue A Request For Qualifications (RFQ) For A Design Criteria
Professional To Prepare A Design Criteria Package For The Palm And Hibiscus Neighborhood Right-
Of-Way Improvement Project, Which Is Intended To Be A Design-Build Contract; And To Serve As
The City’s Representative During The Selection Of The Design-Build Firm For The Project,
Concerning The Evaluation Of The Responses Submitted By The Design-Build Firms; Review And
Approve For Compliance Of The Detailed Working Drawings For The Project; And For Evaluation Of
The Compliance Of The Project Construction With The Design Criteria Package. (Page)
(Capital Improvement Projects/Procurement)
C2B Request For Approval To Issue A Request For Qualifications (RFQ) For Resident Project
Representative Services For Right-Of-Way Improvements To Neighborhood No. 8, Bayshore
(Package E), Sunset Islands 1 & 2. (Page)
(Capital Improvement Projects/Procurement)
C2C Request For Approval To Issue A Request For Qualifications (RFQ) For A Construction Manager At
Risk Firm To Provide Pre-Construction Services And Construction Phase Services Via A Guaranteed
Maximum Price (GMP) Amendment For The Flamingo Park Tennis Center. (Page)
(Capital Improvement Projects/Procurement)
C4 - Commission Committee Assignments
C4A Referral To The Finance And Citywide Projects Committee - Discussion Regarding Advertising On
Deco Bike Stations, Its Economic Impact To The City And The Enhancement Of The Deco Bike
Program. (Page)
(Requested by Commissioner Jorge Exposito)
C4B Referral To The Land Use And Development Committee - Discussion On Off-Leash Hours And/Or
Designated Area For Dogs, Not Fenced, In The General South Vicinity Of The Par 3 Golf Course.
(Requested by Vice-Mayor Jonah Wolfson)
C4C Referral To The Neighborhoods/Community Affairs Committee - Consideration And Discussion Of
Proposed Amendments To The City's Noise Ordinance. (Page)
(City Attorney’s Office)
Consent Agenda, June 1, 2011
iv
C6 - Commission Committee Reports
C6A Report Of The Capital Improvement Projects Oversight Committee Meeting On April 11, 2011: 1)
Attendance. 2) Public Comments. 3) Old Business: 3a) Status Report: Venetian Island Neighborhood
Improvement Project; 3b) Status Report: Sunset Islands I & II Status Report: Status Report: Palm &
Hibiscus Island Undergrounding; 3c) Status Report: Sunset Islands III & IV; 3d) Status Report: Status
Report: Palm & Hibiscus Island Undergrounding. 4) Commission Items: 4a) A Resolution To Execute
Amendment No. 9 To The Agreement Between The City And EAC Consulting, Inc., For Professional
Architectural And Engineering Services For The Biscayne Point Neighborhood Right-Of-Way
Improvement Project; 4b) A Resolution To Execute Amendment No. 20 To The Professional Services
Agreement With CH2M Hill For The Professional Landscape Architectural And Engineering Services
For The Right-Of-Way Infrastructure Improvements Program For Neighborhood No. 8 Bayshore And
Sunset Islands; And A Resolution To Execute Amendment No. 21 To The Professional Services With
CH2M Hill For The Professional Landscape Architectural And Engineering Services For The Right-Of-
Way Infrastructure Improvements Program For Neighborhood No. 8 Bayshore And Sunset Islands,
Dated May 16, 2001, To Provide Additional Design Documents And Permitting Services To Procure
The DERM Tree Removal Permits For The Bayshore And Sunset Island Neighborhoods No. 8A, 8B,
8C, And 8D Projects, To Participate In Value Engineering, Provide Design Modifications And
Associated Re-Permitting Services To Incorporate The Level Of Service Review Comments
Requested By The City Commission. 5) Review And Acceptance Of Minutes. 6) Adjournment.
C6B Report Of The Finance And Citywide Projects Committee Meeting On April 27, 2011: 1) Discussion
Regarding Sunset Islands 3 And 4 Guardhouse. 2) Discussion Regarding The Implementation Of A
Municipal Marketing (Corporate Sponsorship) Program For The City – Beverage Contract. 3)
Discussion Regarding Approval Of The Traffic Calming Manual. 4) Recommendation To Reject All
Bids Received For The Coast Guard Wastewater Booster Pump Station Project. 5) Quarterly Reports
On The Status Of New Potential Revenue Initiatives. 6) Discussion On A Request For Approval To
Issue A Competitive Process For Certain Advertising Programs, And Advertising Sales Support, As
Part Of The City’s Revenue Enhancement Initiatives. 7) Discussion Regarding Granting The Miami
Beach Garden Conservancy The Right To Receive Naming Gifts As Part Of The Garden Renovation.
8) Discussion Regarding Extending The Amount Of Time Residents Have To Pay Their Utility Bill. 9)
Discussion Regarding Incentives For Façade Renovation In North Beach Commercial Corridors. 10)
Explanation For Any Increases In Individual Department Budgets (Net Of Increases From Pension
Reallocations And Internal Service Increases). 11) Discussion Of All Fees Administratively Set Or
Have Been Administratively Set. 12) A Resolution …Approving And Authorizing The Purchase Of Ten
(10) Apple IPADS (Including A Security Server), For The Individual City Commissioners, City
Manager, City Clerk, And City Attorney, In The Amount Of $16,000. (Page)
Consent Agenda, June 1, 2011
v
C6 - Commission Committee Reports (Continued)
C6C Report Of The Neighborhoods/Community Affairs Committee Meeting On May 5, 2011: 1) Selection
Of A Chair And Vice-Chair For The Neighborhoods/Community Affairs Committee For A Term Of One
Chair; 2) Discussion Regarding The Signage For The Adopt-A-Beach Program; 3) Follow-Up
Report On Efforts Made Regarding Excessive Use Of Sign Advertising And Aggressive Solicitation
On Lincoln Road And Ocean Drive; 4) Discussion Regarding An Ordinance Amending The Code Of
The City Of Miami Beach, By Amending Chapter 2, Entitled “Administration,” By Amending Article III,
Entitled “Agencies, Boards And Committees,” By Amending Division 2, Entitled “Disability Access
Committee,” By Amending Sec. 2-31(D) To Increase The Number Of Members From Seven (7) To
Fourteen (14) And Amending The Quorum Requirement; Providing For Codification, Repealer,
Severability, And An Effective Date; 5) Discussion Regarding The Mapping Of Old Alton Road On
Miami Beach; 6) Discussion Of Potential Policies For The Nomination/Number Of Memorial Or
Commemorative Plaques; 7) Follow-Up Discussion Concerning The Placement Of A Plaque On The
Jose Marti Bust In Honor Of Mr. Luis C. Hernandez For His Contributions To The Local Hispanic
Community; 8) Discussion Regarding Licensing And Authorization Requirements For Mobile Food
Trucks And Proposal For A City Sponsored Food Truck Festival; 9) Discussion Regarding The
Impact Of Bicycles – Including The Deco Bike Program And The Bike Master Plan – And Other
Vehicles, Such As Segways And Skateboards, On Pedestrian Paths And Discussion Regarding
Regulating The Speed Of Segways In Pedestrian Areas; 10) Discussion Regarding Methods Of
Discouraging The Sale Of Smokeless Candy Flavored Tobacco Products In The City, As
Recommended By The Quality Of Education Committee; 11) Discussion Regarding Improving The
Appearance Of Washington Avenue Between 7th And 16th; 12) Discussion Regarding A Resolution
Opposing Cultural Exchanges Between Cuba And The United States; 13) Discussion Regarding
Altos Del Mar Sculpture Park's (ADMSP) Request For An Extension Of Time Of ADMSP's Deadline
To Obtain A Building Permit From May 13, 2011 To February 13, 2012; 14) Discussion Regarding
The Status Of Sunrise Plaza; 15) Discussion Concerning The Flamingo Park Neighborhood
Becoming Florida's Most Pedestrian Friendly Neighborhood; And 16) Quarterly Crime Statistics.
(Page)
C6D Report Of The Land Use And Development Committee Meeting On May 18, 2011: 1) Proposed Alton
Road Historic District Buffer Overlay. 2) Proposed Parking District #5 For The Alton Road Corridor. 3)
Discussion Regarding An Ordinance Requiring A Maintenance Bond To Ensure Abandoned
Construction Sites Meet Property Maintenance Standards. 4) Discussion On The Development Of A
Citywide Transportation Plan. 5) Discussion Regarding Temporary Storefront Signs. 6) Temporary
Removal Of Parking Spaces. 7) a) Discussion On A Possible Amendment To The Accessory Use
Regulations For The RM-2 Zoning District To Permit A Limited Number Of Commercial Accessory
Uses In An Apartment Building Adjacent To A Public Baywalk To Be Open To The Public; b)
Discussion Regarding The Baywalk Conservation District Proposal Put Forth By Members Of The
Lincoln West Neighborhood Association. 8) a) Discussion Concerning The Short-Term Rental
Ordinance In Flamingo Park Neighborhoods For Less Than 3 Units; b) Discussion On Including A
Clause For Exceptions In The Short Term Rentals Ordinance. 9) Discussion Regarding Changing The
Permitted Uses In A CD-2 District To Allow For Self Storage. 10) Discussion On The De-
Intensification Of The I-1 Light Industrial District. 11) Discussion Regarding The Gale Hotel Height
Limits. 12) Discussion Regarding The Former South Shore Hospital Site. 13) Short-Term Rental
Ordinance Enforcement. 14) Discussion On The Ocean Beach Historic District R-Ps4 Zoning
Amendment. (Page)
Consent Agenda, June 1, 2011
vi
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit Applications
To: 1) The US Department Of Transportation For The Transportation, Community And System
Preservation (TCSP) Program In The Approximate Amount Of $2,000,000 For The Middle Beach
Recreational Corridor; 2) The Miami-Dade County Metropolitan Planning Organization For
Transportation Enhancement Program Funding From Florida Department Of Transportation For The
Middle Beach Recreational Corridor In The Approximate Amount Of $400,000; 3) Florida Department
Of State, Division Of Cultural Affairs, Culture Builds Florida Program For Funding In The Approximate
Amount Of $25,000 For Sleepless Night 2012; 4) Miami-Dade County ADA Parking Fines Program,
For Funding In The Approximate Amount Of $90,000 For Eligible ADA Projects; 5) Miami-Dade
County Tourist Development Council Grants Program For Funding In The Approximate Amount Of
$25,000 For The City’s July 4, 2011 Celebration; And, 6) Retroactively, To The Walmart Foundation’s
Local Community Contribution Program For Funding In The Approximate Amount Of $5,000 For
Elderly Care Services; Appropriating The Above Grants, Program Funds And Matching Funds, As
Necessary If Approved And Accepted By The City, And Authorizing The Execution Of All Documents
Related To These Applications. (Page)
(Budget & Performance Improvement)
C7B A Resolution Electing Commissioner Edward L. Tobin, Group V, As Vice-Mayor For A Term
Commencing On July 1, 2011, And Terminating On October 31, 2011, Or On Such Date When A New
Vice-Mayor Is Thereafter Elected. (Page)
(City Clerk’s Office)
C7C A Resolution Accepting The Recommendation Of The City Manager Pursuant To Request For
Proposals (RFP) No. 16-10/11 For Investigative And Adjusting Services For Selected Tort Liability
Claims And Workers’ Compensation Claims; Authorizing The Administration To Enter Into
Negotiations With Horizon Investigations, Inc. As The Primary Firm, And KWIC, Inc. As The
Secondary Firm; And Further Authorizing The Mayor And City Clerk To Execute Agreements Upon
Conclusion Of Successful Negotiations By The Administration. (Page)
(Human Resources & Risk Management)
C7D A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of
Firms Pursuant To Request For Proposals (RFP) No. 11-10/11 For Wide Area Network (WAN)
Services To Provide Computer Network Connectivity Between The Main And Remote City Facilities;
Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm Of AT&T
Corporation, And Should The Administration Not Be Able To Negotiate An Agreement With The Top-
Ranked Firm, Authorizing The Administration To Negotiate With The Second- Ranked Firm Of
Atlantic Broadband Finance, LLC; And Further Authorizing The Mayor And City Clerk To Execute An
Agreement Upon The Completion Of Successful Negotiations By The Administration. (Page)
(Information Technology Department)
C7E A Resolution Authorizing A Sole Source Procurement, Pursuant To Section 2-367 (D) Of The Miami
Beach City Code, From Laserfiche Solutions Group, The Sole Source Manufacturer Of Laserfiche
Software And Provider Of Laserfiche Software Maintenance, For An Upgrade From The City’s
Laserfiche Records Management System (RMS), To The Laserfiche RIO System, In The Amount Of
$12,160.09; VIP Advanced Support Services, In The Amount Of $16,800; And Annual Maintenance,
In The Amount Of $20,153.33. (Page)
(Information Technology Department)
Consent Agenda, June 1, 2011
vii
C7 - Resolutions (Continued)
C7F A Resolution Waiving, By 5/7ths Vote, The Competitive Bidding Requirement, Finding Such Waiver
To Be In The Best Interest Of The City, And Approving And Authorizing The Purchase Of Ten (10)
Apple iPADs (Including A Security Server) For The Individual City Commissioners, City Manager, City
Clerk, And City Attorney, In The Amount Of $16,000, That Will Allow The City Commissioners To
View And Annotate The City Commission Agenda. (Page)
(Information Technology)
C7G A Resolution Retroactively Approving And Authorizing The Mayor And City Clerk To Execute An
Agreement With ePARK Systems, Inc., The Sole Source Distributor Of The In-Vehicle Parking Meters
(IVPMs) Or IPARK Devices, For The Purchase Of IVPMs And Prepaid Parking Reloads, In An
Amount Not To Exceed $200,000 Annually (Of Which The Actual Cost To The City Is Less Than
$25,000, With The Remaining Balance Reimbursed To The City). (Page)
(Parking Department)
C7H A Resolution Setting A Public Hearing, As Required Pursuant To Section 82-504 Of The City Code,
To Accept The Recommendation Of The Neighborhood/Community Affairs Committee And Approving
The Placement Of A Commemorative Plaque Honoring Luis Hernandez, To Be Installed On The
North Side Of The Jose Marti Monument Located In Collins Park (Attached To The Monument’s
Foundation) With Said Public Hearing To Be Scheduled For The City Commission Meeting Of July
13, 2011. (Page)
(Parks & Recreation)
C7I A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 4 To
The Joint Participation Agreement (JPA) Between The City And The Florida Department Of
Transportation (FDOT), Dated October 31, 2007, For The Milling And Resurfacing Improvements
Along Indian Creek Drive (SR A1A) Between 26 And 41 Streets; Said Amendment Extending The
Contract For An Additional Three (3) Months, Through September 30, 2011; Extending The Final
Invoice Submittal Date To January 28, 2012; And Utilizing The U.S. Department Of Homeland
Security’s E-Verify System To Confirm Employment Eligibility Of All Persons Employed By The City
During The Term Of The JPA. (Page)
(Public Works)
C7J A Resolution Reappropriating Eighty-One Thousand Dollars ($81,000) Of Funds From FY 10/11
Capital Budget Fund 440 - Electrical Buss Duct Replacement For West Wrap Project To The Glass
Block Window Replacement Project At The Convention Center. (Page)
(Tourism & Cultural Development)
C7K A Resolution Authorizing The Appropriation And Expenditure Of $18,750 For The City's Joint Tourism
And Hospitality Scholarship Program In Partnership With Global Spectrum And Centerplate; And
Further Awarding Said Scholarships. (Page)
(Tourism & Cultural Development)
End of Consent Agenda