June 1 regCity 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.
REGULAR AGENDA
R2 - Competitive Bid Reports
R2A Request For Approval To Award Contracts To ISS Facility Services, Inc., Omarcio Cleaning Services,
Inc., Performance Cleaning Group, And Professional Building Services; Reject Bids Received For
The Following Locations: City Hall Parking Garage And Offices Located At City Hall Parking Garage;
Pursuant To Invitation To Bid No. 13-10/11, For Janitorial Services Citywide, In The Annual Amount
Of $1,311,099.60; And Authorize The Administration To Evaluate The Current Service Levels To
Further Reduce The Total Cost. (Page)
(Procurement)
R2B Request For Approval To Reject All Qualifications Received Pursuant To Request For Qualifications
(RFQ) No. 54-09/10, For The Provision Of Governmental Consulting Services At Miami-Dade County,
Florida. (Page)
(Economic Development/Procurement)
(Deferred from May 11, 2011)
(Related to Item R7B)
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, June 1, 2011
R5 - Ordinances
R5A An Ordinance Amending Chapter 82 Of The City Code, Entitled “Public Property,” By Amending
Article VI, Entitled “Naming Of Public Facilities And Establishments Of Monuments And Memorials”,
By Amending Section 82-501(C), To Exempt The Miami Beach Botanical Garden From The
Provisions Of Said Article VI, Subject To The Terms And Conditions Contained In This Ordinance;
Providing For Repealer, Severability, Codification And Effective Date. 10:15 a.m. Second Reading
Public Hearing (Page)
(Requested by Commissioner Jerry Libbin)
(Legislative Tracking: Real Estate, Housing & Community Development)
(First Reading on May 11, 2011)
(Related to R7F)
R5B Alton Road Historic District Buffer Overlay
An Ordinance Amending Chapter 142, “Zoning Districts And Regulations,” Article III, “Overlay
Districts,” Creating Division 8 “Alton Road - Historic District Buffer Overlay,” By Including Section 142-
858 “Location And Purpose,” And Section 142-859 “Development Regulations,: Including Among
Other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum
Setbacks; Building Separation; Demolition Or Additions To Contributing Buildings In An Historic
District; And Land Use Regulations For Location Of Retail Uses, Restaurants, Bars, Entertainment
Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use
Approval Of Such Uses In Excess Of 20,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And
Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance.
11:00 a.m. First Reading Public Hearing (Page)
(Requested by City Commission in 2009)
(Legislative Tracking: Planning Department)
(Continued from April 13, 2011/Referred to LUDC)
R5C Parking District Boundaries And Fees In-Lieu Of Parking
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 130, "Off Street Parking", Article II, "District Requirements", By
Amending Section 130-31, “Parking Districts Established”, To Expand The Boundaries Of The
Existing Parking Districts; By Amending Section 130-33, “Off-Street Parking Requirements For
Parking Districts Nos. 2, 3 And 4,” To Amend Regulations Pertaining To Parking Districts 2, 3, And 4;
And By Amending Article V, “Fee In Lieu Of Parking Program,” Section 130-132, “Fee Calculation”,
Reducing The Yearly Fee In Lieu Of Parking From The Current Three Percent Of The One-Time
Payment To A Lesser Percentage; Providing For Repealer, Codification, Severability And An Effective
Date.. First Reading (Page)
(Requested by Vice-Mayor Jonah Wolfson)
(Legislative Tracking: Planning Department)
Regular Agenda, June 1, 2011
R7 - Resolutions
R7A A Resolution Following A Duly Noticed Public Hearing Accepting The Recommendation Of The
Historic Preservation Board And Granting A Certificate Of Appropriateness For The Demolition Of
The 6th Street Restrooms, A Non-Contributing Facility Located At 599 Ocean Drive. 10:00 a.m. Public
Hearing (Page)
(Capital Improvement Projects)
R7B Resolution Following A Duly Noticed Public Hearing And Pursuant To A 5/7ths Vote, Granting A
Waiver Of A Conflict Of Interest Under Section 2-11.1(C) Of The Miami–Dade County Conflict Of
Interest And Code Of Ethics Ordinance, For Mr. Randall Hilliard, Who Is A Member Of The City’s
Convention Center Advisory Board And Also A Principal Of Washington Square Partners, Inc., Which
Entity, In Conjunction With Rosario Kennedy And Associates, Corp. And The Law Offices Of N.
Patrick Range II, P.A. (The Proposal Team), Submitted A Proposal In Response To Request For
Qualifications No. 54-09/10 For Governmental Consulting Services At Miami-Dade County Florida
(The RFQ); Finding That Pursuant To Section 2-11.1(C)(6) Of The County Code, The Aforestated
Conflict Of Interest May Be Waived In Order To Authorize The Administration To Negotiate With The
Proposal Team And, If Successful, Authorize The Mayor And City Clerk To Execute A Contract With
Said Team, As: 1) The Aforestated Proposal In Response To The RFQ Was Submitted Pursuant To
An Open-To-All Sealed Competitive Bidding Process; And 2) The Award Of The Proposed RFQ And
Ensuing Contract Is In The Best Interest Of The City. 10:20 a.m. Public Hearing (Page)
(City Attorney’s Office)
(Related to R2B)
R7C A Resolution Approving The Substantive Terms Of An Agreement Between The City And Coca Cola
For An Exclusive Non-Alcoholic Beverage Municipal Marketing Partnership For Vending And
Dispensing In Certain City-Owned Properties, With Said Proposed Agreement Having An Initial Term
Of Ten (10) Years; Authorizing The City Manager And City Attorney’s Office To Negotiate And Draft
The Final Agreement, Based Upon The Approved Terms (As Further Referenced In The Term Sheet
Attached As Exhibit “A” To This Resolution); And Authorizing The Mayor And City Clerk To Execute
The Final Agreement; Provided, However, That In The Event That The Final Negotiated Agreement
Includes Any Term Or Terms Which Substantially Deviate From The Approved Substantive Terms
(As Referenced In The Attached Term Sheet), Or Contain New And/Or Additional Terms Which, In
The City Manager And City Attorney’s Opinion, Materially Alter The Proposed Transaction (As
Referenced In The Approved Term Sheet), Then Requiring That The Final Negotiated Agreement To
Be Brought To The City Commission For Its Consideration. (Page)
(City Manager’s Office)
(Memorandum, Resolution & Agreement to be Submitted in Supplemental)
R7D A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Joint Participation
Agreement With Miami-Dade County For Road Impact Fee Funds In The Amount Of $3,011,000 For
The West Avenue Bridge Project, Of Which $1,635,000 Will Be Used For Land Acquisition And
$1,376,000 Will Be Used For Construction Costs; And Further Approving And Authorizing Re-
Appropriating $18,211 Of People’s Transportation Plan Funding For Land Acquisition. (Page)
(Public Works)
Regular Agenda, June 1, 2011
R7 - Resolutions (Continued)
R7E A Resolution Adopting The City Of Miami Beach Traffic Calming Manual (TCM); Further Approving
And Authorizing The City Manager To Execute An Intergovernmental Agency Agreement (IAA) With
Miami-Dade County Pursuant To Section 2-96.1 Of The County Code For The Installation And
Maintenance Of Traffic Calming Devices And Their Related Traffic Control Signs On The City’s Local
Municipal Streets Pursuant To The City’s Traffic Calming Manual. (Page)
(Public Works)
R7F A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A First Amendment To
That Certain Management Agreement By And Between The City And The Miami Beach Garden
Conservancy, Inc. (The "Conservancy"), Dated January 17, 2007, For The Management Of The
Miami Beach Botanical Garden (The "Premises"), Located At 2000 Convention Center Drive, Miami
Beach, Florida; Said Amendment Establishing Criteria And Guidelines For The Conservancy To
Award Naming Rights For Portions Of The Botanical Garden, In Exchange For Monetary
Contributions From Private Donors, To Fund Certain Capital Improvements To The Premises.
(Page)
(City Manager’s Office)
(Related to R5A)
R7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 2 To
The Management Agreement Between The City Of Miami Beach, Florida And Altos Del Mar Sculpture
Park, Inc. (ADMSP) For The Operation Of A Sculpture Park In Altos Del Mar Park; Said Amendment
Modifying The Deadline To Obtain A Building Permit For Construction Of The Sculpture Park
Proposed Improvements From May 13, 2011, To March 31, 2012; And Further Requiring ADMSP To
Provide Proof To The City Commission By September 14, 2011, That Funding For Architectural And
Engineering Services For Design And Development Of The Proposed Improvements Has Been
Secured. (Page)
(Tourism & Cultural Development)
R7H A Resolution Pertaining To The Par 3 Golf Course And The Flamingo Park Project Tennis Center,
And Ratifying Previously Approved Resolution No. 2010-27407, Which Approved And Adopted The
Par 3 Project Master Plan, Including The Construction Of Four (4) Hard Surface Tennis Courts, Tot
Lot, And Splash Pad And Ratifying Previously Approved Resolution No. 2009-27190, Which
Approved The Flamingo Park Master Plan Option “L”, As Amended, Including The Construction Of
Seventeen (17) Hydro Courts At The Proposed Tennis Center. (Page)
(Capital Improvement Projects)
(Memorandum & Resolution to be Submitted in Supplemental)
Regular Agenda, June 1, 2011
R9 - New Business and Commission Requests
R9A Board And Committee Appointments. (Page)
(City Clerk’s Office)
R9A1 Board And Committee Appointments - City Commission Appointments. (Page)
(City Clerk’s Office)
R9A2 Nomination Of Mark Sinnreich For Health Facilities Board. (Page)
(Requested by Vice-Mayor Jonah Wolfson)
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (12:30 p.m.) (Page)
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
R9C Report On The 2011 Florida Legislative Session. (Page)
(Economic Development)
R9D Discussion Regarding The Status Of Repairs To Belle Isle Infrastructure That Are Pending To
Resolve Ongoing Flooding Issues. (Page)
(Requested by Vice-Mayor Jonah Wolfson & Commissioner Michael Góngora)
R9E Discussion And Update On The Progress Of The Baywalk. (Page)
(Requested by Commissioner Deede Weithorn)
R9F Discussion Of Viability Of Storing City Directed Towed Vehicles On Terminal Island. (Page)
(City Manager’s Office)
(Memorandum to be Submitted in Supplemental)
R9G Discussion Regarding Two (2) Resolutions Placing Two Ballot Questions To Amend Section 6.03 Of
The City Charter For The November 1, 2011, General Election. (Page)
1. A Resolution Calling For A November 1, 2011 Special Election, For The Purpose Of
Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether Miami
Beach City Charter Section 6.03 Should Be Amended To Change The Time Period That A
Qualified Elector Of The City, Residing Within The City For At Least One (1) Year Prior To
Qualifying, Has To File With The City Clerk His/Her Petition For Qualifying As A Candidate
For Office, From No Later Than The Second Day Of The Consecutive Four (4) Day Period For
Qualifying As A Candidate For Such Office, To No Later Than Noon Of The 14th Day
Preceding The First Day Of Such Consecutive Four (4) Day Qualification Period.
2. A Resolution Calling For A November 1, 2011 Special Election, For The Purpose Of
Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether Miami
Beach City Charter Section 6.03 Should Be Amended To Require A Waiver Of The City
Qualifying Fee In The Event That The County Supervisor Of Elections Does Not Verify A
Candidate For Office’s Qualifying Petition By 5:00 Pm On The Second Day Of The Four Day
Qualifying Period.
(Requested by Vice-Mayor Jonah Wolfson)
Regular Agenda, June 1, 2011
R10 - City Attorney Reports
R10A Attorney Client Session (Page)
Pursuant To §286.011, Florida Statutes, The City Attorney Hereby Advises The Mayor And City
Commission That He Desires Advice Concerning The Following Pending Litigation Matter:
The City Of Miami Beach, Florida Vs. Hargreaves Associates, Incorporated, William Lane Architect,
Inc., William Lane, Savino & Miller Design Studio, P.A., Dan Euser Water Architecture, Inc., Kenneth
Didonato, Inc., Kenneth Didonato, Inc., Kenneth Didonato, LAM Partners, Inc., William A. Abarca,
P.E., Play.Site.Architecture, Inc., Joanne Hiromura, Johnson, Avedano, Lopez, Rodriguez & Walewski
Engineering Group, Inc., Horacio A. Rodriguez, P.E. Magnum Construction Management, Corp. D/B/A
MCM Corp., And Or MCM, Eleventh Judicial Circuit Of Florida , Case No. 10-61979 CA 03
Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of The
City Commission Meeting On June 1, 2011, In The City Manager’s Large Conference Room, Fourth
Floor, City Hall, To Discuss Settlement Negotiations And/Or Strategy Related To Litigation
Expenditures With Regard To The Above-Referenced Litigation Matter.
The Following Individuals Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The City
Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Edward Tobin, Deede Weithorn And
Jonah Wolfson; City Manager Jorge Gonzalez, City Attorney Jose Smith, First Assistant City Attorney
Steven Rothstein, Special Counsel, Richard, Lydecker, Special Counsel Meredyth S. Cooper, And
Special Counsel Christopher Berga.
Reports and Informational Items
Reports and Informational Items (see LTC #125-2011)
End of Regular Agenda