20120606 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
June 6, 2012
Mayor Matti Herrera Bower
Vice-Mayor Jerry Libbin
Commissioner Jorge R. 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 Rafael E. Granado
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.
Commission Agenda, June 6, 2012
2
Presentations and Awards
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Competitive Bid Reports
C2A Request For Approval To Award Contracts To Lehigh Outfitters, LLC; Safety Shoe Distributors;
Global Trading, Inc.; And Paradise Sunshine Sports Development, Pursuant To Invitation To Bid
(ITB) No. 25-11/12, For The Purchase Of Public Safety Shoes, In The Estimated Annual Amount
Of $67,817.70.
(Citywide/Procurement)
C2B Request For Approval To Award Contracts As Primary Vendors To Personally Yours Lawn
Service, Inc.; Jerry’s Custom Landscaping, Inc.; C & M Landscaping, Inc.; And Elan Lawn And
Landscape Service, Inc. For Mowing; And Secondary Vendors To Groundkeepers, Inc. And
Superior Landscaping & Lawn Service, Inc. For Pool Cleaning, Pool Pumping Removal Of
Rodents, And Removal Of Beehives, Pursuant To Invitation To Bid (ITB) No. 21-11/12, For
Citywide Lot Clearance Services.
(Code Compliance/Procurement)
C2C Request For Approval To Extend On A Month To Month Basis, The Street Lighting Maintenance
And Service Agreement With Under Power Corporation, Which Expired On May 31, 2012; With
Said Extension Commencing Retroactively On June 1, 2012, And Terminating, For Convenience
And Without Cause, At Such Time As A New Contract Is Entered Into With A Successful Bidder,
Following A Successful Bidding Process.
(Public Works/Procurement)
C2D Request For Approval To Award Contracts To Equipment And Tools Solutions, Inc., Hertz
Equipment Rentals Corporation, Sunbelt Rentals, Inc., And United Rentals (North America), Inc.,
Pursuant To Invitation To Bid (ITB) No. 29-11/12, For The Rental Of Construction Equipment, In
The Annual Estimated Amount Of $20,000 For Fiscal Year 2011/2012, And $70,000 Annually For
Subsequent Fiscal Years.
(Public Works/Procurement)
C2E Request For Approval To Issue A Request For Proposals (RFP) For Cost Allocation Studies For
The City Of Miami Beach.
(Budget and Performance Improvement)
Commission Agenda, June 6, 2012
3
C4 - Commission Committee Assignments
C4A Referral To Planning Board - RM-2 Regulations: Accessory Use Regulations To Permit A Limited
Number Of Commercial Accessory Uses In An Apartment Building Adjacent To A Public Baywalk
To Be Open To The Public.
(Requested by Edward L. Tobin And Land Use & Development Committee)
(Legislative Tracking: Planning Department)
C4B Referral To Planning Board - Parking Requirements To Incentivize Hotel Development.
(Requested by Commissioner Jonah Wolfson And Land Use & Development Committee)
(Legislative Tracking: Planning Department)
C4C Referral To Planning Board - Changing The Permitted Uses In A CD-2 District To Allow For Self
Storage.
(Requested By Vice-Mayor Jerry Libbin And Land Use & Development Committee)
(Legislative Tracking: Planning Department)
C4D Referral To The Land Use And Development Committee And The Finance And Citywide Projects
Committee – Discussion Regarding The Appropriateness Of Granting A Perpetual Sub-Surface
Easement To Collins 3300, LLC And 3420 Collins Avenue, LLC, Owners Of The Properties
Located At 3301 Indian Creek Drive, 3400 Collins Avenue And 3420 Collins Avenue, For A
Proposed Subsurface Parking Garage, That Spans The Entire Width Of The 50-Foot Public Right
Of Way Of 34th Street For A Length Of Approximately 93 Feet.
(Public Works)
C4E Referral To The Land Use And Development Committee And The Neighborhood/Community
Affairs Committee - Discussion Regarding An Agreement With Marriott Seville, For Improvements
To And The Maintenance Of The 29th Street End And Traffic Circle And For The Construction Of
A Portion Of The Beachwalk.
(Public Works)
C4F Referral To The Neighborhood/Community Affairs Committee - A Resolution Approving And
Authorizing The Mayor And City Clerk To Execute Temporary License Agreements, Permanent
Easement Agreements, And A Storm Water Pump Stations And Pollution Control Structures
Maintenance Memorandum Of Agreement, In Substantially The Attached Forms, With The
Florida Department Of Transportation, For The Construction, Harmonization, And Maintenance
Of Proposed Improvements As Part Of The State Road 907/Alton Road Project From 5th Street
To Michigan Avenue.
(Public Works)
C4G Referral To The Finance And Citywide Projects Committee - Discussion On Water Conservation
Methods And The Implementation Of Same.
(Requested by Commissioner Jonah Wolfson)
Commission Agenda, June 6, 2012
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C4 - Commission Committee Assignments (Continued)
C4H Referral To The Land Use And Development Committee - Discussion Of RFP For Tennis
Maintenance And Bifurcating Maintenance And Operations.
(Requested by Commissioner Jonah Wolfson)
C6 - Commission Committee Reports
C6A Amended Report Of The Capital Improvement Projects Oversight Committee Meeting On March
19, 2012: 1) Attendance. 2) Review And Acceptance Of Minutes. 3) Accomplishments:
Completion Of Fire Station #2 Historic Building And Hose Tower. 4) Public Comments. 5) Old
Business/Requested Reports: 5a) Status Report: Normandy Isle Neighborhood; 5b) Discussion:
Biscayne Point Neighborhood Improvement Project; 5c) Status Report: Sunset Islands I & II; 5d)
Status Report: Sunset Island III & IV; 5e) Status Report: Lower North Bay Road; 5f) Status
Report: Venetian Island; 5g) Status Report: Palm & Hibiscus Island Undergrounding. 6)
Commission Items: 6a) RFQ For Construction Management Service; 6b) Flamingo Park Tennis
Center Project; 6c) Collins Park Garage.
C6B Report Of The Land Use And Development Committee Meeting Of May 16, 2012: 1) Board
Member Qualifications And Categories. 2) Discussion On The Parking Requirement And How We
Can Incentivize For Good Hotel Development. 3) Discussion On RM-2 Zoning District
Regulations. 4) Discussion Of Jurisdiction Of Land Use Boards Over Appeals. 5) Discussion Of
Procedures For Obtaining Informal Opinions And Formal Administrative Determinations From The
Planning Director. 6) Discussion Regarding Changing The Permitted Uses In A CD-2 District To
Allow For Self Storage. 7) Follow-Up Discussion Of Controlled, Limited And Attentive Off-Leash
Hours At Pine Tree Park 8) Discussion On Artificial Grass At Hotels And Homes And The
Planning Department Procedure For Approving Same. 9) Discussion Regarding A Resolution By
The Historic Preservation Board To Modify The Code Governing The Voluntary Designation Of
Single Family Homes. 10) Reduced Parking Rates For Hotel Employees. 11) Discussion
Regarding Not Charging Double Permit Fees For People Who Come Forward And Request
Permits For Work Done Without A Permit. 12) Discussion Concerning The Terminal Island Traffic
Study And Circulation Study. 13) Discussion On Ways To Enhance The Land Use Boards Of
Miami Beach In Order To Improve The City Of Miami Beach Building And Planning Department
And Processes. 14) Request From City Attorney’s Oversight Committee For Referral To Land
Use And Development Committee To Discuss Amendment To Section 30-36, Appointment Of
Chief Special Master.
Commission Agenda, June 6, 2012
5
C6 - Commission Committee Reports (Continued)
C6C Report Of The Finance And Citywide Projects Committee Meeting On May 17, 2012: 1)
Discussion Regarding New Recycling Bins Throughout The ROW On The Beach. 2) Discussion
Regarding A Renewal Of The Current Management Agreement Between The City Of Miami
Beach And The Miami Beach Garden Conservancy For The Management And Operation Of The
Botanical Garden; As Well As A Proposal To Increase The Rental Rates For Use Of The Facility.
3) Discussion Regarding The Issuance Of A Request For Proposals (RFP) For The Management
And Operation Of Street Markets In Miami Beach At Various Locations. 4) A Discussion
Regarding Approving A Second Amendment To The Retail Lease Agreement By And Between
The City Of Miami Beach, The Miami Beach Redevelopment Agency (RDA) And Penn 17, LLC
(Lessee), Involving The Lease Of Ground Floor Retail Space At The Pennsylvania Avenue
Garage. 5) Discussion Regarding A Resolution Authorizing The City Manager To Solicit The
Services Of A Qualified Firm(s) To Audit The Processes Of Certain Regulatory Departments Or
Divisions. 6) Discussion Regarding Memorandum Of Understanding Between The City, On Behalf
Of The Police Department, And The Federal Bureau Of Investigation, Miami Area Corruption
Task Force.
C6D Report Of The Neighborhood/Community Affairs Committee Meeting On May 22, 2012: 1)
Discussion Regarding A Draft Ordinance That Regulates Private Parking Lots Or Facilities With
Automated Pay Machines. 2) Discussion Regarding Security Cameras. 3) Discussion And Update
On The Citywide Dunes Maintenance Plan. 4) Follow-Up Discussion And Request For Direction
Concerning The Continuation Or Termination Of The Dog Off-Leash Pilot Program Approved By
The City Commission In South Pointe Park. 5) Discussion Regarding The Implementation Of A
“See It, Report It” Campaign To Facilitate And Expedite The Reporting Of Code Compliance And
Non-Emergency Police Issues. 6) Discussion Regarding Prohibition Of Cat Feeding In Miami
Beach City Parks. 7) Discussion Regarding The Impact Of A Proposed Development And
Construction Of The West Avenue Bridge Project In Regards To Option 3. 8) Discussion
Regarding The Consideration Of An Agreement Between The City And Temporary Entertainment,
LLC, For The Presentation Of “Orchid”, A Live Theatrical And Musical Performance Within A
Spiegeltent And The Installation Of Ancillary Food And Beverage Services And Entertainment
Areas, To Be Located At The Collins Park Spoil Area, Between 21st And 22nd Streets. 9)
Discussion Regarding A Resolution Granting And Authorizing The Mayor And City Clerk To
Execute An After-The-Fact Revocable Permit To ASR Berwick Family LTD Partners, As Owner
Of The Commercial Property Located At 335 West 47th Street, To Retain A/C Units, A Utility
Room, And A Trash Enclosure, Currently Placed Within The Public City Right-Of-Way On West
47th Court.
Commission Agenda, June 6, 2012
6
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit Grant
Applications To: 1) Miami-Dade County For FY 2013 Edward Byrne Memorial Justice Assistance
Grant Program Funds In The Approximate Amount Of $9,114 For The Police Department’s E-
Ticketing Initiative; 2) The U.S. Department Of Energy, National Energy Technology Laboratory,
Office Of Energy Efficiency And Renewable Energy, Clean Cities – Implementation Initiatives To
Advance Alternative Fuel Markets Program, For Funding In The Approximate Amount Of
$250,000 For The City’s Alternative Vehicle Fuels Program; And, 3) Florida Department Of
Transportation, Public Transit Service Development Program, For Funding In The Approximate
Amount Of $1,731,000 Over Three Years For The City’s North/Middle Beach Circulator;
Appropriating The Above Grants, Matching Funds And City Expenses, If Approved And Accepted
By The City, And Authorizing The Execution Of All Documents Related To These Applicat ions;
Appropriating The Above Grants If Approved And Accepted By The City, And Authorizing The
Execution Of All Documents Related To These Applications.
(Budget & Performance Improvement)
C7B A Resolution Approving And Authorizing The City Manager Or His Designee To Execute A
Federally Funded Subgrant Agreement, On Behalf Of The Talmudic University (University), With
The State Of Florida, Division Of Emergency Management (DEM), For Federal Funding From
The U.S. Department Of Homeland Security, Federal Emergency Management Agency (FEMA),
Pre-Disaster Mitigation Program In An Amount Not To Exceed $706,825.12, For The Windstorm
Hazard Mitigation Project At The Talmudic University Located At 4000 Alton Road, Miami Beach,
With The Aforestated Scope Of Work To Be Undertaken And Completed By The University;
Further Authorizing The City Manager Or His Designee To Negotiate And Execute A
Memorandum Of Understanding Between The City And Talmudic University, Whereby The
University Agrees To Be Solely And Completely Responsible For Prosecuting And Completing
The Aforestated Scope Of Work In Accordance With The Terms And Conditions Of The Subgrant
Agreement (As If It Were A Party Thereto), And Whereby The University Further Agrees To
Indemnify And Hold The City Harmless From Any Liability Under The Subgrant Agreement.
(Budget & Performance Improvement)
C7C A Resolution Electing Commissioner Jorge R. Exposito, Group II, As Vice-Mayor For A Term
Commencing On July 1, 2012, And Terminating On October 31, 2012, Or On Such Date When A
New Vice-Mayor Is Thereafter Elected.
(City Clerk’s Office)
C7D A Resolution Retroactively Approving And Authorizing The Acceptance Of A Total Of Seven
Thousand Eight Hundred Dollars ($7,800) In Cash And In-Kind Donations From The Sponsors
Set Forth In This Resolution, Made To The City For Health Fair And Bingo Night For Seniors, A
Free Informative And Entertainment Event Held On May 22, 2012; And Further Appropriating
Said Funds; And Also Accepting And Authorizing The City Manager Or His Designee To Make
Such Expenditures And/Or Reimbursements From The Aforestated Donations, In Furtherance Of
And Consistent With The Aforestated Event.
(Community Services)
Commission Agenda, June 6, 2012
7
C7 - Resolutions (Continued)
C7E A Resolution Supporting The Miami-Dade County League Of Cities’ (MDCLC) Priorities
Regarding The Municipal Distribution Of The People’s Transportation Plan Surtax Funding;
Authorizing The Administration To Represent The City Of Miami Beach During Negotiations
Between The MDCLC And Miami-Dade County; And Further Reaffirming The City’s Position That
Surtax Funding For Newly Incorporated Municipalities Should Be From The County’s 80% Share
Of The Surtax, As Originally Negotiated In Good Faith And Agreed To By Miami-Dade County In
2002, And As Currently Required By Miami-Dade County Ordinance 02-116.
(Economic Development)
C7F A Resolution Approving The First Year Renewal Option To The Professional Services Agreement
Between The City And RBC Dain Rauscher, Inc. (D/B/A RBC Capital Markets), Dated March 14,
2007, For Financial Advisory Services; Said Renewal Term Having Been Deemed To Commence
Retroactively On March 15, 2012, And Ending On March 14, 2013.
(Finance Department)
C7G A Resolution To Exercise The First Renewal Option With Paper Solutions, Inc. (D/B/A Partek
Solutions), And Print Media Corporation, Pursuant To Invitation To Bid (ITB) No. 27-09/10, For
The Purchase And Delivery Of Multi-Space Parking Pay Station Receipt Paper, In The Estimated
Annual Amount Of $75,000.
(Parking Department)
C7H A Resolution Accepting The Recommendation Of The City Manager To Reject All Proposals
Received Pursuant To Request For Proposals No. 23-11/12 To Provide Security Guard Services
(The RFP) And, In The Alternative, Retroactively Approving The Third Renewal Term Of Security
Alliance’s Current Contract For Security Guard Services, Dated April 2, 2007, With Such Third
Renewal Term Being Effective As Of May 1, 2012, To April 30, 2013; And Further Authorizing
The Issuance Of A New Request For Proposals (RFP) For Security Guard Services, At Least Six
(6) Months Prior To Contract Expiration (Or October 1, 2012).
(Parking/Police/Procurement)
(Memorandum & Resolution to be Submitted in Supplemental)
C7I A Resolution Authorizing The City Manager, And City Clerk To Execute A Voluntary Cooperation
And Operational Assistance Mutual Aid Agreement With The City Of Miami, Florida, For The
Purpose Of Coordinating Law Enforcement Planning, Operations, And Mutual Aid Benefit
Between The City Of Miami Beach And The City Of Miami, Florida.
(Police Department)
Commission Agenda, June 6, 2012
8
C7 - Resolutions (Continued)
C7J A Resolution Authorizing The City Manager Or His Designee And City Clerk To Execute A
Vehicle Purchase And Sales Agreement Between The City Of Miami Beach, On Behalf Of The
Miami Beach Police Department, And Brink’s, Inc. For The Purchase Of An Armored Vehicle In
The Amount Of $10.00; Further Establishing An Amount Of $10,664 For The Conversion Of The
Armored Vehicle, And Setting Forth The Annual Expense Of $4,235 For The Maintenance Of The
Armored Vehicle; And Directing The Fleet Department To Acknowledge The Inclusion Of The
Armored Vehicle Within The City Of Miami Beach’s Fleet Of Vehicles.
(Police Department/Fleet Management)
(Memorandum & Resolution to be Submitted in Supplemental)
C7K A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To Request For Qualifications (RFQ) No. 24-11/12, For Citywide Surveying,
Topographical, And Mapping Services On An As-Needed Basis; Authorizing The Mayor And City
Clerk To Execute Agreements Upon Completion Of Successful Negotiations With The Five Top-
Ranked Proposers: Atkins North America, Inc., F.R. Aleman & Associates, Inc., Manuel G. Vera
& Associates, Inc., Miller Legg, And Woolpert, Inc.; And Further Authorizing The Mayor And City
Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The
Administration.
(Public Works/Procurement)
C7L A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To Request For Proposals (RFP) No. 28-11/12, For Emergency Disaster
Debris Monitoring Services; Authorizing The Administration To Enter Into Negotiations With The
Two (2) Top-Ranked Proposers: O’Brien’s Response Management Inc. And Science Application
International Corporation; And Further Authorizing The Mayor And City Clerk To Execute
Agreements Upon Completion Of Successful Negotiations.
(Public Works/Procurement)
C7M A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To Request For Proposals (RFP) No. 27-11/12, For Disaster Recovery
Services; Authorizing The Administration To Enter Into Negotiations With The Top Ranked Firms
Of Ceres Environmental Services, Inc., Ashbritt, Inc, Tag Grinding Services, Inc., Byrd Brothers
Environmental Services, Inc., D&J Enterprises, Inc., And Phillips And Jordan, Inc.; And Further
Authorizing The Mayor And City Clerk To Execute Agreements Upon Conclusion Of Successful
Negotiations By The Administration; And Further Approving The City’s Exercise Of A One (1)
Year Renewal Term Under The City’s Current Contracts For Disaster Recovery Services With
The Following Firms: Ashbritt, Inc.; Ceres Environmental Services, Inc.; Phillips And Jordan, Inc.;
And Crowdergulf Joint Ventures, Inc. (With Such Renewal Term Commencing Retroactively On
February 1, 2012, And Ending On January 31, 2013).
(Public Works/Procurement)
Commission Agenda, June 6, 2012
9
C7 - Resolutions (Continued)
C7N A Resolution Approving Amendment No. 2 To The Contract Between The City And Professional
Building Services, Dated August 3, 2011, For Citywide Janitorial Services; Said Amendment
Adding The Following Locations: Historic City Hall; Police Substation; North End Ocean Rescue
Headquarters; And Beachfront Restrooms; And Increasing The Contract, In The Amount Of
$22,559.63 Per Month.
(Public Works)
C7O A Resolution Approving And Authorizing The City Manager Or His Designee, To Execute A
Memorandum Of Understanding With The Miami-Dade County Public Works And Waste
Management Department That Provides For The City Of Miami Beach To Operate A Recycling
Program For Multifamily Residences And Commercial Establishments That Meets The Minimum
Standards Of Miami-Dade County Code Sections 15-2.2, 15-2.3, 15-2.4, And 15-2.5.
(Public Works)
C7P A Resolution Authorizing The Acceptance Of $1,250 Of Sponsorships Support Of The City’s
Community Development Week Activities, And Further Accepting Future Sponsorships For This
Purpose, Subject To Ratification By The Mayor And City Commission; And Authorizing The City
Manager Or His Designee To Make Such Expeditures And/Or Reimbursements From The
Aforestated Sponsorship, In Furtherance Of And Consistent With The Aforestated Event.
(Real Estate, Housing & Community Development)
C7Q A Resolution Approving The Renewal Option Provided For In The Management Agreement
Between The City Of Miami Beach And The Miami Beach Garden Conservancy For The
Management And Operation Of The Miami Beach Botanical Garden, Extending The Term For An
Additional Five (5) Years, Commencing On July 1, 2012 And Ending On June 30, 2017.
(Real Estate, Housing & Community Development)
C7R A Resolution Consenting To A Subconcessionaire Agreement Of The Ice Cream Vending
Component Only Of The Concession Agreement Between Bettoli Trading Corp., And The City, To
Advance Ice Cream Vending Co.
(Real Estate, Housing & Community Development)
C7S A Resolution Authorizing The Approval And Expenditure Of $9,350 For The City's Joint Tourism
And Hospitality Scholarship Program In Partnership With Global Spectrum And Centerplate; And
Further Awarding Said Scholarships.
(Tourism & Cultural Development)
Commission Agenda, June 6, 2012
10
C7 - Resolutions (Continued)
C7T A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee And Approving The Substantive Terms Of A Proposed Lease Agreement Between
The City Of Miami Beach And Temporary Entertainment, LLC, For The Presentation Of “Orchid,”
A Live Theatrical And Musical Performance Within A Spiegeltent, And The Installation Of
Ancillary Food And Beverage Services And Entertainment Areas, To Be Located At The Collins
Park Spoil Area Between 21st And 22nd Streets, As More Specifically Set Forth In That Certain
Draft Agreement Attached As Exhibit “A” To This Resolution; Further Authorizing The City
Manager To Negotiate The Final Lease Agreement With Temporary Entertainment LLC, And, If
Successful, Approving And Authorizing The Mayor And City Clerk To Execute The Agreement,
Subject To And Contingent Upon The Following Conditions: 1) The Final Version Of The Lease
Shall Be Subject To Review And Sign Off By The City Attorney; And 2) In The Event That The
City And Temporary Entertainment, LLC Deem It Necessary To Include Any Substantive Terms
Which Are Not Included In The Attached Draft Agreement, Then, Prior To Finalizing The Lease,
The City Manager Shall Be Required To Report Same To The City Commission.
(Tourism & Cultural Development)
End of Consent Agenda
Commission Agenda, June 6, 2012
11
REGULAR AGENDA
R5 - Ordinances
R5A Board Member Qualifications And Categories
An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 118, “Administrative And Review Procedures,” Article II, “Boards,” Division 2, “Planning
Board,” Section 118-53, “Composition;” Division 3, “Design Review Board,” Section 118-72,
“Membership;” Division 4, “Historic Preservation Board,” Section 118-103, “Membership;” And
118-104, “Appointment;’ Division 5, “Board Of Adjustment,” Section 118-131, “Membership,” To
Clarify The Qualifications And Categories Of Members To Be Appointed To The City’s Land Use
Boards; Providing For Repealer; Codification; Severability And An Effective Date.
10:15 a.m. Second Reading Public Hearing
(Requested By City Commission)
(Legislative Tracking: Planning Department)
(First Reading on April 11, 2012/Referred to LUDC)
R5B Recycling Ordinance
An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled “Solid Waste,” By
Amending The Definitions In Article I, Entitled “In General,” By Amending Section 90-2, Entitled
“Definitions”; By Amending Article II, Entitled “Administration” By Amending The Penalties For
Solid Waste Violations And To Provide Provisions And Penalties Relative To Recycling For
Multifamily Residences And Commercial Establishments; By Creating Article V, To Be Entitled
“Citywide Recycling Program For Multifamily Residences And Commercial Establishments,” To
Provide Provisions For Recycling Requirements And Enforcement, A Public Education Program,
A Warning Period, An Enforcement Date, Requirements For Recycling Contractors, Penalties,
And Special Master Appeal Procedures; Providing For Repealer, Severability, Codification, And
An Effective Date. 10:25 a.m. Second Reading, Public Hearing
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Public Works)
(First Reading on May 9, 2012/Referred to Sustainability Committee)
R5C An Ordinance Amending The Land Development Regulations Of The City Code, Chapter 118,
"Administration And Review Procedures," By Creating A New Article XII, "Maintenance And
Security Bonds,” Establishing Definitions And Requirements For Property Owners Applying For
Development Review Approval For Substantial Construction Work To Ensure That Their
Properties Are Properly Maintained And Secured Until Completion Of Work; Providing For
Codification, Repealer, Severability, And An Effective Date. 10:30 a.m. Second Reading, Public
Hearing
(Requested by Commissioner Edward L. Tobin)
(Legislative Tracking: Planning Department)
(First Reading on May 9, 2012)
Commission Agenda, June 6, 2012
12
R5 - Ordinances (Continued)
R5D An Ordinance Amending Chapter 70 Of The Miami Beach City Code Entitled “Miscellaneous
Offenses,” By Amending Article II, Entitled “Public Places”; By Amending Division II, Entitled
“Bicycling, Skateboarding, Roller Skating, In-Line Skating, And Motorized Means Of
Transportation,” By Amending Section 70-66, Entitled “Definitions,” By Adding A Definition For
Bicycle Path; And By Amending Section 70-67, Entitled “Prohibited Activities,” By Amending The
Prohibitions Regarding Motorized Means Of Transportation, Including Electric Personal Assistive
Mobility Devices (Also Known As Segways), By Rewording The Provisions Therein And
Conforming The Language To State Law; By Restricting The Speed Of Electric Personal
Assistive Mobility Devices To Six (6) MPH On All City Sidewalks, Sidewalk Areas, And Bicycle
Paths; And By Prohibiting The Operation Of Electric Personal Assistive Mobility Devices On
Interior Pathways Within South Pointe Park And Collins Park; By Amending Section 70-68,
Entitled “Exemptions,” By Exempting The Use Of Electric Personal Assistive Mobility Devices By
City Police And City Contracted Services From The Restrictions Of Division II; By Amending
Section 70-69, Entitled “Responsibilities Of Bicyclists And Skaters,” By Adding Responsibilities
For Persons Operating Electric Personal Assistive Mobility Devices; By Amending Section 70-70,
Entitled “Penalties,” To Provide For Responsibilities Of Businesses Providing Rentals And Tours
Of Electric Personal Assistive Mobility Devices; By Creating Section 70-71, To Be Entitled
“Penalties” To Provide Civil Penalties In Addition To Existing Non-Criminal Infraction Penalties
For The Violation Of Certain Provisions In Chapter 70, Article II, Division II; Providing For
Repealer; Severability; Codification; And An Effective Date. 10:35 a.m. Second Reading, Public
Hearing
(Requested by Commissioner Deede Weithorn)
(Legislative Tracking: Public Works)
(First Reading on May 9, 2012)
R5E Bicycle Rental Kiosk 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 Bicycle Rental Kiosks As Part Of A City Bike Sharing Program;
Providing For Codification, Repealer, Severability And An Effective Date. First Reading
(Requested by Finance & Citywide Projects Committee)
(Legislative Tracking: Planning Department)
R5F An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled “Animals,” By
Amending Section 10-11, Entitled “Running At Large Prohibited,” By Extending The Pilot Program
Off-Leash Area For Dogs In South Pointe Park Through And Including December 31, 2012,
Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
(Requested by Neighborhood/Community Affairs Committee)
(Legislative Tracking: Parks & Recreation)
Commission Agenda, June 6, 2012
13
R7 - Resolutions
R7A A Resolution Setting Forth An Order [Granting Or Denying] An Appeal Request Filed By The City
Manager Of The City Of Miami Beach, On Behalf Of The City Administration, Pertaining To A
Decision Of The Design Review Board (“DRB”) For The Property Located At 1 Washington
Avenue - South Pointe Park (File No. 22894). 10:20 a.m. Public Hearing
(Parks & Recreation/City Attorney’s Office)
(Continued from May 9, 2012)
R7B A Resolution Granting A Revocable Permit To CG Tides, LLC, CG Tides Village, LLC, CG Tides
Village I, LLC And CG Tides Village II, LLC; The Owners Of The Properties Located At 1220
Ocean Drive And 1201, 1221 And 1225 Collins Avenue, For A Proposed Elevated, Covered
Pedestrian Bridge That Spans The 20’ Public Right-Of-Way Of Ocean Court At A Width Of 9’1”
With A Minimum Vertical Height Of 15’ Above Ocean Court. 10:20 a.m. Public Hearing
(Public Works)
R7C A Resolution Granting A Revocable Permit To Bay Road Outparcel Partners, LLC, As The Owner
Of The Property Located At 1916 Bay Road, To Allow For A Decorative Metal Eyebrow To
Extend 3 Feet Into And 48 Feet Along The Public Right-Of-Way On Bay Road, (And A Minimum
Of 11.5 Feet Above The Sidewalk). 11:15 a.m. Public Hearing
(Public Works)
(Continued from May 9, 2012)
R7D A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No.
2 To That Certain Retail Lease Agreement By And Between The City Of Miami Beach, The Miami
Beach Redevelopment Agency And Penn 17, LLC. (Lessee), Dated September 16, 2011,
Involving The Lease Of Approximately 7,655 Square Feet Of Ground Floor Retail Space At The
Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; Said
Amendment Providing For The Following: 1) An Abatement Of One (1) Month’s Rent And
Deferring An Additional Two (2) Months’ Rent To Be Paid By The Lessee In Lump Sum Or In
Thirty Six (36) Equal Monthly Installments, Commencing In The Third Year Of The Lease Term,
And Ending On The Last Day Of The Fifth Year Of The Lease Term; 2) Increasing The Size Of
The Tenant’s Additional Area (Storage Space), As Defined In Section 3.11 Of The Lease, To
Include An Additional 284 Square Feet (Formerly Designated For Storage Of The Building’s
Flood Panels); 3) Increasing The Charge For Common Area Maintenance (CAM) From $98,850
Per Year, To $101,690, To Reflect The Increase In The Size Of The Storage Space; And 4)
Providing For The Construction Of A New Replacement Enclosure, At The Tenant’s Sole Cost
And Expense, For The Storage Of Flood Panels.
Joint Redevelopment Agency And City Commission
(Real Estate, Housing & Community Development)
Commission Agenda, June 6, 2012
14
R7 - Resolutions (Continued)
R7E Resolutions Authorizing Agreements With Various External Entities To Assist The City In
Implementing The Action Plan To Address Potential Corruption And Misconduct:
1. A Resolution Approving And Authorizing The City Manager And City Clerk To Execute A
Memorandum Of Understanding Between The City, On Behalf Of Its Police Department,
And The Federal Bureau Of Investigation, Miami Area Corruption Task Force, For The
Purpose Of Identifying And Prosecuting Public Officials And Law Enforcement Officers At
The Federal, State, And Local Levels Of Government Involved In Public Corruption
Throughout The Southern District Of Florida.
2. A Resolution Approving And Authorizing The City Manager And City Attorney To
Negotiate An Agreement With Miami-Dade County, On Behalf Of The Miami-Dade County
Office Of The Inspector General (MDCOIG), To Authorize The MDCOIG To Provide
Independent Investigations Into City Practices And Operations In Order To Prevent And
Detect Fraud, Waste, Financial Mismanagement, Employee Misconduct, Or Other
Abuses.
3. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An
Agreement In The Not To Exceed Amount Of $45,000, With Miami-Dade County, Florida,
On Behalf Of The Miami-Dade County Commission On Ethics And Public Trust, To
Develop And Provide A Comprehensive Ethics Training Program For City Employees
Who Hold Positions That Are In Regulatory Areas Of The City.
4. A Resolution Authorizing The Administration To Negotiate A Professional Services
Agreement, In An Amount Not To Exceed $150,000, With _______________ For Services
Related To Auditing The Processes Of Certain Regulatory Departments Or Divisions; And
Should The Administration Not Be Able To Successfully Negotiate An Agreement With
_______________, Authorizing The Administration To Enter Into Negotiations With
________________; Authorizing The Mayor And City Clerk To Execute An Agreement
With The Successful Proposer Upon Completion Of Negotiations By The Administration.
(Police/Building/Human Resources)
(Deferred from May 9, 2012/Referred to FCWPC)
(Memorandum & Resolutions to be Submitted in Supplemental)
R7F A Resolution Pertaining To The Responses Received, Pursuant To A Request For Expression Of
Interest For The Engagement Of Qualified Recruitment Firms To Provide Professional Services In
Conjunction With The Screening And Selection Process For The New City Manager; Authorizing
The _____________To Enter Into Negotiations With ___________; And Further Authorizing The
Mayor And City Clerk To Execute An Agreement Upon Completion Of Successful Negotiations.
(City Attorney’s Office/Procurement)
(Memorandum & Resolution to be Submitted in Supplemental)
Commission Agenda, June 6, 2012
15
R7 - Resolutions (Continued)
R7G Update To The February 8, 2012 Commission Memorandum On Public Towing Permits
A Resolution Authorizing And Approving A Month To Month Extension Of The Towing Permits
With Beach Towing Services, Inc. And Tremont Towing Services, Inc., Respectively; Said
Extension Commencing On July 1, 2012, And Expiring On December 31, 2012.
(Parking Department)
R7H A Resolution Granting Two Perpetual Easements And A Temporary Construction Easement To
Miami-Dade County, For A Proposed 60-Inch Diameter Wastewater Force Main In South Pointe
Park.
(Public Works)
(Memorandum & Resolution to be Submitted in Supplemental)
R7I A Resolution Relating To City Manager Jorge M. Gonzalez.
(City Manager’s Office)
(Memorandum & Resolution to be Submitted in Supplemental)
R9 - New Business and Commission Requests
R9A Board And Committee Appointments.
(City Clerk’s Office)
R9A1 Board And Committee Appointments - City Commission Appointments.
(City Clerk’s Office)
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (12:30 p.m.)
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
R9C The Committee Of The Whole Will Meet During Lunch Recess Of The June 6, 2012 City
Commission Meeting At The City Manager’s Office Large Conference Room To Discuss Pending
Issues With Department Directors And Assistant Directors.
(Requested by City Commission)
R9D The Committee Of The Whole Will Meet During Lunch Recess Of The June 6, 2012 City
Commission Meeting At The City Manager’s Office Large Conference Room To Discuss: 1) The
Status Of The FY 2012/13 Budget; And 2) The Proposed FY 2012/13 Mayor And Commission
Office Budget.
(Budget & Performance Improvement)
Commission Agenda, June 6, 2012
16
R9 - New Business and Commission Requests (Continued)
R9E Discuss Selection Of Interim City Manager Appointment.
(Requested by City Commission)
R9F Discuss Whether The City Charter Should Be Amended To Provide That The Position Of City
Clerk Be Appointed By, And Report Directly To, The City Commission Or Whether The City Clerk
Remain A City Employee Who Is Hired By And Reports Directly To The City Manager.
(Requested by Commissioner Deede Weithorn)
R9G Discussion On The Status And Progress Of The Stormwater Master Plan.
(Requested by Commissioner Jonah Wolfson)
R9H Discussion Regarding Commercial Use Of Residential Property.
(Requested by Commissioner Edward L. Tobin)
R9I Discussion Regarding Limiting The Sort Of Items The Commission And City Manager Shall
Pursue In The Manager’s Remaining Days.
(Requested by Commissioner Jonah Wolfson)
R9J Discuss Reviewing The Code And Repealing Laws That Are Not Necessary.
(Requested by Commissioner Jonah Wolfson)
R10 - City Attorney Reports
R10A City Attorney’s Status Report.
(City Attorney Office)
Reports and Informational Items
Reports and Informational Items (see LTC No. 148-2012)
End of Regular Agenda
Commission Agenda, June 6, 2012
17
Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
June 6, 2012
Chairperson of the Board Matti Herrera Bower
Member of the Board Jorge Exposito
Member of the Board Michael Góngora
Member of the Board Jerry Libbin
Member of the Board Edward L. Tobin
Member of the Board Deede Weithorn
Member of the Board Jonah Wolfson
Executive Director Jorge M. Gonzalez
Assistant Director Jorge Gomez
General Counsel Jose Smith
Secretary Rafael E. Granado
AGENDA
1. NEW BUSINESS
A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency Approving And Authorizing The Chairperson And Secretary To Execute
Amendment No. 2 To That Certain Retail Lease Agreement By And Between The City Of
Miami Beach, The Miami Beach Redevelopment Agency And Penn 17, LLC. (Lessee),
Dated September 16, 2011, Involving The Lease Of Approximately 7,655 Square Feet Of
Ground Floor Retail Space At The Pennsylvania Avenue Garage, 1661 Pennsylvania
Avenue, Miami Beach, Florida; Said Amendment Providing For The Following: 1) An
Abatement Of One (1) Month’s Rent And Deferring An Additional Two (2) Months’ Rent To
Be Paid By The Lessee In Lump Sum Or In Thirty Six (36) Equal Monthly Installments,
Commencing In The Third Year Of The Lease Term, And Ending On The Last Day Of The
Fifth Year Of The Lease Term; 2) Increasing The Size Of The Tenant’s Additional Area
(Storage Space), As Defined In Section 3.11 Of The Lease, To Include An Additional 284
Square Feet (Formerly Designated For Storage Of The Building’s Flood Panels); 3)
Increasing The Charge For Common Area Maintenance (CAM) From $98,850 Per Year,
To $101,690, To Reflect The Increase In The Size Of The Storage Space; And 4)
Providing For The Construction Of A New Replacement Enclosure, At The Tenant’s Sole
Cost And Expense, For The Storage Of Flood Panels. Joint Redevelopment Agency
And Cit y Commission
(Real Estate, Housing & Community Development)