20130717 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
July 17, 2013
Mayor Matti Herrera Bower
Vice-Mayor Edward L. Tobin
Commissioner Jorge R. Exposito
Commissioner Michael Góngora
Commissioner Jerry Libbin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
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, July 17, 2013
2
Presentations and Awards
PA1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of
The Month For May 2013.
(Requested by Commissioner Jorge R. Exposito)
PA2 Proclamation To Be Presented For CJ Ortuño From SAVE Dade.
(Requested by Commissioner Jorge R. Exposito)
PA3 Certificates Of Appreciation To Be Presented To All Public Works And Capital Improvement
Projects Employees For Their Continuous Hard Work And Fast Response To Any Situation In
The City Of Miami Beach.
(Requested by Commissioner Jorge R. Exposito)
PA4 Certificate Of Appreciation To Be Presented To Mr. Rick Beasley The Executive Director Of
South Florida Workforce Investment Board For His Continued Support And Contributions To The
New Generation Leadership And Workforce Institute And Workforce Services In The City Of
Miami Beach, Service Provided By UNIDAD Of Miami Beach.
(Requested By Mayor Matti Herrera Bower)
PA5 Certificate Of Recognition To Be Presented To TV Show, Burn Notice, Filmed In Miami Beach.
(Requested by Mayor Matti Herrera Bower)
PA6 Certificate Of Recognition To Be Presented To Joshua Williams, One Of America’s Top 10 Youth
Volunteers Of The Year.
(Requested by Mayor Matti Herrera Bower)
(Deferred on June 5, 2013)
PA7 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood
Leadership Academy Graduates.
(City Manager’s Office)
PA8 Certificate Of Recognition To Be Presented To Benjamin Abo, Mount Sinai Hospital Resident, For
His New York Subway Rescue Good Samaritan Act.
(Requested by Commissioner Michael Góngora)
Commission Agenda, July 17, 2013
3
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Competitive Bid Reports
C2A Request For Approval To Issue A Request For Qualifications (RFQ) For Design/Build Services
For Right Of Way Infrastructure Improvement Program Neighborhood No. 8B - Lower North Bay
Road.
(Capital Improvement Projects)
(Memorandum to be Submitted in Supplemental)
C2B Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 018-2013TC, For
The Construction Of Beachwalk II - Phase I From South Pointe Drive To 3rd Street.
(Capital Improvement Projects/Procurement)
C2C Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 172-2013TC, For
The 1701 Meridian Avenue 4th Floor Renovation.
(Capital Improvement Projects/Procurement)
C2D Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 173-2013TC, For
The Reconstruction Of Surface Parking Lots 12x And 17x.
(Capital Improvement Projects/Procurement)
(Memorandum to be Submitted in Supplemental)
C2E Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 260-2013TC, For
The Miami Beach Golf Course Drainage Remediation.
(Capital Improvement Projects/Procurement)
C2F Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 268-2013TC, For
Dune Restoration Services.
(Public Works/Procurement)
C2G Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 014-2013TC, For
The Demolition Of The Normandy Shores Park Building.
(Parks & Recreation/Procurement)
C2H Request For Approval To Issue A Request For Proposals (RFP) For The Management And
Operation Of The Street Markets On Lincoln Road, Normandy Village, Collins Park And Other
Locations.
(Real Estate Housing Community Development/Procurement)
Commission Agenda, July 17, 2013
4
C2 - Competitive Bid Reports (Continued)
C2I Request For Approval To Award Contracts Pursuant To Invitation To Bid No: 145-2013, For
Routine And Emergency Sanitary Sewer And Storm Water Pipes Cleaning, And Close Circuit
Television (CCTV) Inspection Services.
(Public Works/Procurement)
(Deferred from June 5, 2013)
(Memorandum to be Submitted in Supplemental)
C2J Request Approval To Renew, In Some Cases Retroactively, Contracts For Routine Operational
Requirements.
(Procurement)
C2K Request For Approval To Award A Contract To Oracle Elevator Company Pursuant To Invitation
To Bid (ITB) 183-2013, For City Hall Elevator Renovation.
(Property Management/Procurement)
C4 - Commission Committee Assignments
C4A Referral To The Finance And Citywide Projects Committee - A Discussion On Increasing The
Living Wage Rate In Accordance With The Options Pursuant To The Ordinance 2010-3682.
(Procurement)
C4B Referral To The Finance And Citywide Projects Committee - A Discussion On The Review And
Recommendations For Improving The City’s Procurement Code Completed By The National
Institute For Public Procurement (NIGP).
(Procurement)
C4C Referral To The Finance & Citywide Projects Committee - Proposed Comprehensive Records
Management Plan.
(City Clerk’s Office)
C4D Referral To The Finance And Citywide Projects Committee - Discussion Regarding Walker
Parking To Conduct A Parking Supply And Demand Analysis.
(Parking Department)
C4E Referral To The Land Use And Development Committee - Boat Docks And Marine Structures
Ordinance.
(Requested by the Planning Board)
(Legislative Tracking: Planning Department)
Commission Agenda, July 17, 2013
5
C4 - Commission Committee Assignments (Continued)
C4F Referral To The Planning Board - Ordinance Amendment Incentivizing The Retention Of
Architecturally Significant Single Family Homes Built Prior To 1942.
(Requested by Mayor Matti Herrera Bower)
(Planning Department)
C4G Referral To The Planning Board - An Ordinance Amendment Adding St. Patricks Church To The
40th Street Religious Institution Overlay District.
(Requested by Commissioner Edward L. Tobin)
(Planning Department)
C4H Referral To The Parking & Transportation Committee And The Neighborhood/ Community Affairs
Committee A Comprehensive Discussion Of Parking In The City Of Miami Beach.
(Requested by Mayor Matti Herrera Bower)
C4I Referral To The Land Use And Development Committee - An Ordinance That Would Require
That All Easement, Alley And/Or Right-Of-Way Vacation Requests Be Approved By The City
Commission Before The Project In Question Is Heard Before Any Of The City’s Land Use Boards.
(Requested by Mayor Matti Herrera Bower)
C4J Referral To The Land Use And Development Committee - Discussion Concerning The Motion By
The GLBT Business Enhancement Committee Regarding Extending Hours Of Operation For The
Four Event Weekends: White Party, Winter Party Festival, Miami Beach Gay Pride And Aqua
Girl.
(Requested by Commissioner Michael Góngora)
C4K Referral To The Land Use And Development Committee - Discussion Concerning Retractable
Roofs On Outdoor Cafes.
(Requested by Commissioner Michael Góngora)
C4L Referral To The Planning Board - An Ordinance Amendment That Places A Six-Month (6)
Moratorium Limited To The Issuance Of Orders Or Permits For The Substantial Or Total
Demolition Of Architecturally Significant Single-Family Homes.
(Requested by Mayor Matti Herrera Bower)
Commission Agenda, July 17, 2013
6
C6 - Commission Committee Reports
C6A Report Of The Neighborhood/Community Affairs Committee Meeting On May 20, 2013: 1)
Referral To The Neighborhood/Community Affairs Committee A Discussion Regarding The City
Of Miami Beach Centennial, Which Will Occur On March 26, 2015. 2) Discussion Regarding
Proposed Amendments To City Code Chapter 38 Regarding “Elections.” 3) Discussion Involving
Citywide Lighting Conditions. 4) Discussion Regarding 1) Amendments To Land Development
Regulations Sections 142-109, 142-905 And 142-1111. 2) The Amendments Shall Prohibit, And
Set Forth The Appropriate Penalties, For Individuals And/Or Entities That Advertise The Transient
Occupancy (Short-Term Rental) Of Those Properties Which Are Located Within A Single Family
Or A Multi-Family Zoning District, As Specifically Delineated In Sections 142-905 And 142-1111.
3) The Amendment To Section 142-109 Shall Prohibit The Advertisement Of Those Single Family
Residential Properties For The Purpose Of Allowing The Commercial Use Of The Premises, And
The Advertisement Of Those Events, Gatherings Or Promotions At The Single Family Residential
Property, Consistent With The Prohibitions Set Forth Within Section 142-109. 5) Discussion
Regarding A Proposed Public Art Project For Placement In South Pointe Park Pier. 6) Discussion
Regarding Possible Amendments To Chapter 70 Article III (Section 70-122-129), “Graffiti
Ordinance.” 7) Discussion Regarding Bicyclist Safety Campaign With The Miami Beach Police
Department, Deco Bikes And Local Bicycle Rental Companies. 8) Discussion Regarding The
Restoration Of Monument Island. 9) Status Update For The Beach Walk From Sunrise Plaza To
Fifth Street. 10) Discussion Regarding Status Of The Naming Of The Tennis Center At Flamingo
Park. Emergency Item: 11) Discussion Regarding The FDOT Alton Road Project Between 6th
And Michigan.
Commission Agenda, July 17, 2013
7
C6 - Commission Committee Reports (Continued)
C6B Report Of The Land Use And Development Committee Meeting On June 12, 2013: 1) Discussion
Regarding The FDOT Alton Road Project And The Alton Road Reconstruction Coalition (AARC).
2) Reduced Parking Rates For Hotel Employees. 3) Discussion Of The Miami Beach Current City
Code Chapter 6-4 (3) Relating To Alcoholic Beverage Sales That Requires A 300 Foot Distance
Between Liquor Stores And Ask That The City Look Into Adopting The County Requirement Of
1500 Feet. 4) Review Of Miami Beach Land Use Boards To Improve The City Of Miami Beach
Building And Planning Department Processes. 5) Discussion Regarding Food Trucks On Private
Property. 6) Discussion Pertaining To “Smarter Materials For Next Generation Infrastructure,”
Such As Eliminating The Disposal Of Tires In Global Landfills And Incinerators. 7) Discussion
Regarding An Amendment To The Land Development Regulations That Will Create Protection
From Total Demolition Of Architecturally Significant Single Family Homes Built Prior To 1942. 8)
Discussion Regarding The Proposed Ordinance "Revising The Year Of Review For Architectural
Significance Of Single Family Homes From The Current 1942 To The Year 1966, And By
Modifying The Procedures For The Review And Approval Of Demolition Requests For Single
Family Homes Determined To Be Architecturally Significant And Not Located Within A
Designated Historic District". 9) Discussion Concerning A Proposed Amendment Of The Charter
To Prohibit The Involuntary Designation Of Single-Family Residences As Individual Historic Sites,
Hereinafter Referred To As The Miami Beach Homeowner Protection Act. 10) Discussion
Regarding A Resolution Pursuant To City Code Section 118-591 Declining To Pursue The
Proposed Designation Of 42 Star Island Drive As A Historic Site. 11) Discussion Regarding The
Condition Of The Stones In The 1100 Block Of Lincoln Road. 12) Discussion Regarding The
Current Sidewalk Café Ordinance. 13) Discussion Regarding An Item Addressing The Uses
Adjacent To St. Patrick’s Church And The Possibility Of Permitting Additional Uses. 14)
Accessory Setback Encroachments An Ordinance Amending The Land Development Regulations
Of The Code Of The City Of Miami Beach, By Amending Chapter 142, Entitled "Zoning Districts
And Regulations", By Amending Article IV, Entitled “Supplementary District Regulations”, By
Amending Section 142-1132 To Modify The Setbacks For Allowable Encroachments Including
Driveways, Carports And Mechanical Equipment; By Amending Section 142-1133 To Modify The
Setback Requirements For Swimming Pools And The Requirements For The Construction Of
Swimming Pools On Corner And Thru Lots Within Single Family Districts; Providing For
Codification; Providing For Repealer, Severability And An Effective Date.
C6C Report Of The Special Finance And Citywide Projects Committee Meeting On May 22, 2013: 1)
Private Closed Attorney-Client Session Scheduled From 2:00 p.m. To 3:00 p.m. To Discuss
Settlement Negotiations And/Or Strategy Related To Litigation Expenditures With Regard To The
Attached Referenced Litigation Matters. 2) Discussion Of The Miami Beach Convention Center
Proposals And The Miami Beach Convention Center Master Plans.
Commission Agenda, July 17, 2013
8
C6 - Commission Committee Reports (Continued)
C6D Report Of The Neighborhood/Community Affairs Committee Meeting On June 26, 2013: 1)
Consideration And Discussion Of Proposed Amendments To The City's Noise Ordinance. 2)
Discussion To Consider Leaving The Altos Del Mar Location As Passive Greenspace. 3)
Discussion Regarding Considering Hosting A Biannual Art Camp Held In Miami Beach In
Cooperation With UNESCO. 4) Discussion Regarding Bicyclist Safety Campaign With The Miami
Beach Police Department, Deco Bikes And Local Bicycle Rental Companies. 5) Resolution
Supporting The Efforts Of Miami-Dade County And The Miami-Dade County Public Schools' Joint
Roundtable On Youth Safety to Neighborhood/Community Affairs Committee and Committee on
Quality Education. 6) Discussion Regarding The Restoration Of Monument Island. 7) Discussion
Regarding The Collins Park Garage Project (Collins Park Place). 8) Discuss The Enforcement
Components Of The Recycling Ordinance. 9) Discuss An Amendment To The Special Event
Requirements And Guidelines To Include Recycling Requirements For All Special Events That
Require A Sanitation Plan. 10) Discuss An Amendment To The Energy Economic Zone
Ordinance To Include Miami-Dade County’s Green Business Certification Program As An
Eligibility Criteria To Receive The EcoZone Program Tax Incentives. 11) Report From City Staff
On The Traffic Calming And School Zone Expansion Initiative For 41st Street Between Meridian
Avenue And Garden Avenue To Improve School Safety At Nautilus Middle School. 12) A
Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee
Not To Name The New Tennis Center At Flaming Park (The Center) The “Flamingo Park Tennis
Center,” As Proposed By The Flamingo Park Neighborhood Association And, Further, To Keep
The Existing Proposed Name Of The Center As The “Flamingo Park/Holtz Tennis Center,” In
Accordance With The Intent Of The Prior Agreement(s) Entered Into By The Tennis Center,” In
Accordance With The Intent Of The Prior Agreement(s) Entered Into By The City. 13) Discussion
Regarding The Issue Of The Use Of Medical Marijuana. 14) An Ordinance Amending Miami
Beach City Code Chapter 2 Entitled "Administration," Article VII Entitled "Standards Of Conduct,"
Division 2 Entitled "Officers, Employees, And Agency Members," By Amending Section 2-446
Thereof Entitled "Declaration Of Policy" To Provide For Limited Standards Of Conduct Applicable
To The City's Special Masters, And Creating City Code Section 2-461 Establishing Special
Master Lobbying Prohibitions; Providing For Repealer, Severability, Codification, And An Effective
Date.
C6E Report Of The Special Land Use And Development Committee Meeting On July 8, 2013: 1)
Discussion Regarding Miami Beach Convention Center Master Plan Program Components.
Commission Agenda, July 17, 2013
9
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Take The
Following Actions: 1) Submit A Grant Application To Miami-Dade County For FY 2013/2014
Edward Byrne Memorial Justice Assistance Grant Program Funds In The Approximate Amount Of
$8,726 For The Police Department’s Records Improvement Program; And, 2) Execute An
Interlocal Agreement And Annual Affidavit With Miami-Dade County For The FY 2012/2013
Miami-Dade County Municipal Parking Fines Reimbursement Program, For Funding In The
Approximate Amount Of $61,000, For Funds To Be Used To Improve Accessibility And Equal
Opportunity To Qualified Persons Who Have Disabilities And To Conduct Public Awareness
Programs; Appropriating The Grant And Program Funds, And City Expenses, If Approved And
Accepted By The City And Authorizing The Execution Of All Necessary Documents Related To
The Aforestated Application, Including, Without Limitation, Audits, And Authorizing The City
Manager Or His Designee To Take All Necessary Actions Related To This Grant.
(Budget & Performance Improvement)
C7B A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Proposals (RFP) No. 064-2013, For Audit Services Of
Capital Improvement Projects.
(Budget & Performance Improvement/Procurement)
C7C A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To Request For Proposals (RFP) No. 065-2013TC, For Emergency
Management Administrative Support Services.
(Budget & Performance Improvement/Procurement)
C7D A Resolution Providing Authorization To The Mayor And City Clerk To Execute Amendment No.
25 To The Professional Services Agreement Between The City Of Miami Beach, Florida, And
CH2M Hill, Inc. For The Professional Landscape, Architectural And Engineering Services For The
Right-Of-Way Infrastructure Improvement Program For Neighborhood No. 8 Bayshore And
Sunset Islands, Dated May 16, 2001 (The Agreement), In The Negotiated Not-To-Exceed Amount
Of $443,861 For Additional Construction Administration Services, For A Period Of Eight (8)
Months And For Additional Design Services For The Right Of Way Infrastructure Improvements
For The Central Bayshore Neighborhood No. 8A Package; And $5,000 For Reimbursable
Expenses, For A Grand Total Not-To-Exceed Amount Of $448,861; With Previously Appropriated
Funding.
(Capital Improvement Projects)
C7E A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To Request For Qualifications (RFQ) No. 251-2013TC, For A Design Build
Firm To Provide Pre-Construction Services And Construction Services Via A Guaranteed
Maximum Price (GMP) Amendment For The Palm And Hibiscus Islands Right Of Way
Improvement Project.
(Capital Improvement Projects)
(Memorandum to be Submitted in Supplemental)
Commission Agenda, July 17, 2013
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C7 - Resolutions (Continued)
C7F A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee And Further Authorizing The Administration To Proceed To The Next Phase Of The
Collins Park Garage (Collins Park Place) Project.
(Capital Improvement Projects)
C7G A Resolution Re-Appointing Mr. Warren Bittner, Esq. To Serve As Special Master For Appeals Of
Decisions Of The City’s Historic Preservation Board Until September 16, 2016, And Setting The
Compensation At $100.00 Per Hour With A Maximum Payment Of $500.00 Per Case.
(City Clerk’s Office)
C7H A Resolution Amending Resolution 2013-28187, To Authorize, Pursuant To Sections 118-
537(B)(3) And 142-108(G)(3) Of The Miami Beach City Code, The Payment Of $2,436.00 To
Murray Greenberg, Esq. As Reasonable Fees And Expenses For The Services Rendered As
Special Master In The Appeal Of “In Re: 42 Star Island Drive, Miami Beach, FL,” Case No.
HPSM-13-001, DRB File No. 22936.
(City Clerk’s Office)
C7I A Resolution Amending Resolution No. 2012-27928, Which Authorized A Contract With Bob
Murray & Associates To Assist The Mayor And City Commission In The City Manager
Selection/Hiring Process; Said Amendment Increasing The Original $25,000.00 Not-To-Exceed
Contract Amount By $2,000.00, For A New Total Not-To-Exceed Amount Of $27,000.00, Due To
Unforeseen Expenses And Authorizing The City Attorney To Execute Any Required Amendment
To The Contract.
(Human Resources/City Attorney’s Office)
C7J A Resolution Approving And Authorizing The City Manager To Execute An Independent
Contractor Agreement, In An Amount Not To Exceed $50,000, With Jorge G. Gomez, AICP
(Contractor), For A Period Of Five (5) Months, Commencing Retroactively On July 1, 2013, And
Ending On November 30, 2013, For Professional Services Related To The Miami Beach
Convention Center Project (RFQ No. 22-11/12).
(Human Resources)
C7K A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
Related To The City’s Self-Funded Group Health Plan.
(Human Resources)
(Memorandum to be Submitted in Supplemental)
C7L A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
At Its May 13, 2013 Meeting To Adopt The Budget Advisory Committee’s Proposed Policies And
Guidelines In Order To Ensure Long Term Pension Reform.
(Human Resources)
Commission Agenda, July 17, 2013
11
C7 - Resolutions (Continued)
C7M A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee To Authorize The City Of Miami Beach To Partner With Miami-Dade County Public
Schools And The Anti-Defamation League To Implement A Citywide Anti-Bullying Program For
The 2013-14 School Year And Authorizing The Implementation Of The Program As Set Forth
Herein.
(Organization Development Performance Initiatives)
C7N A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
And Authorizing The Mayor To Enter Into An Agreement, Acceptable To The City Attorney And
The City Manager, With The Miami Beach Chamber Of Commerce, The Children’s Trust, North
Bay Village, The Town Of Bay Harbor Islands, The Town Of Surfside, And Bal Harbour Village
To Implement The Nurse Initiative For The 2013-2014 School Year With Previously Appropriated
Funding In The Amount Of $30,500 From The Miami Beach Education Compact Fund For FY
2012/13 For The City Of Miami Beach’s Proportionate Share Of Funding For The Nurse Initiative.
(Organization Development Performance Initiatives)
C7O A Resolution Authorizing The Miami Beach Chief Of Police To Execute A Multi-Agency
Memorandum Of Understanding Between The City Of Miami Beach Police Department And The
South Florida Internet Crimes Against Child Operational Task Force That Combat Crimes
Committed Against Children, And That Which Prevents The Criminal Exploitation Of Children
Committed And/Or Facilitated By Or Through The Use Of The Internet And Computers, And To
Disrupt And Dismantle Organizations Engaging In Such Activity.
(Police Department)
C7P A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Proposals (RFP) No. 01-2013ME, For Unarmed Security
Guard Services.
(Police/Procurement)
C7Q A Resolution Retroactively Approving An Additional Service Agreement With CDM-Smith For
Work On The Stormwater Management Master Plan Relative To Neighborhood Concurrency
Reviews, A Public Meeting, And Additional Model Runs Requested As A Result Of That Meeting.
(Public Works)
C7R A Resolution Setting A Public Hearing For September 11, 2013, To Consider A Revocable Permit
Request By First Street Development, LLC, As The Owner Of The Commercial Property Located
At 800 First Street, To Construct Four (4) Concrete Eyebrows That Project Over And Into The
Public Right-Of-Way, At A Minimum Horizontal Dimension Of 2’-2” At 9’-6” Above The Sidewalk,
To A Maximum Horizontal Dimension Of 5’-0” At 9’-8”Above The Sidewalk.
(Public Works)
Commission Agenda, July 17, 2013
12
C7 - Resolutions (Continued)
C7S A Resolution Approving And Authorizing The City Manager To Execute An Agreement Between
The City And The Florida Department Of Transportation (FDOT), For The FDOT To Install,
Maintain, And Operate A Global Positioning System (GPS) Reference Station Which Includes
Antenna, Receiver, And Communication Equipment At The Tennis Center Building In Flamingo
Park, Located At 1200 Meridian Avenue.
(Public Works)
C7T A Resolution Accepting The Recommendation Of The Joint Neighborhood/Community Affairs
Committee And Land Use And Development Committee To Proceed With Phase 2 Of The
Atlantic Greenway Network Master Plan Update And Endorsing The Administration’s
Recommendation Of A Proposal From Atkins North America, Inc. And Streetplans Collaborative
For Phase 2 Of The Atlantic Greenway Network Master Plan Update Subject To Funding
Approval In The FY 2013/14 Capital Budget.
(Public Works)
C7U Approve Assignment To Existing Agreements Between The City And Corzo Castella Carballo
Thompson Salman, P.A. (“C3TS”) (As Assignor), To Stantec Consulting Services Inc. (As
Assignee):
1. A Resolution Approving An Assignment To The Existing Agreement For The
Establishment Of A Pre-Approved List Of Professional Construction Engineering And
Inspection (CEI) Firms To Provide Various CEI Services On An “As Needed” Basis (No.
01-07/08) Between The City And Corzo Castella Carballo Thompson Salman, P.A.
(“C3TS”) (As Assignor), To Stantec Consulting Services Inc. (As Assignee), Retroactively
Dated November 30, 2013.
2. A Resolution Approving An Assignment To The Existing Professional Services Agreement
For A Design Criteria Professional To Prepare The Design Criteria Package For The Palm
And Hibiscus Neighborhood Right-Of-Way Improvement Project (RFQ 35-10/11) Between
The City And Corzo Castella Carballo Thompson Salman, P.A. (“C3TS”) (As Assignor), To
Stantec Consulting Services Inc. (As Assignee), Retroactively Dated November 30, 2013.
3. A Resolution Approving An Assignment To The Existing Professional Services Agreement
For A Design Criteria Professional To Prepare The Design Criteria Package For The
Sunset Islands 3 & 4 Neighborhood Right-Of-Way Improvement Project (No. 04-11/12)
Between The City And Corzo Castella Carballo Thompson Salman, P.A. (“C3TS”) (As
Assignor), To Stantec Consulting Services Inc. (As Assignee), Retroactively Dated
November 30, 2013.
4. A Resolution Approving An Assignment To The Existing Agreement For Professional
Construction Engineering And Inspection (CEI) Firms To Provide Various CEI Services
On An “As Needed” Basis (No. 52-11/12) Between The City And Corzo Castella Carballo
Thompson Salman, P.A. (“C3TS”) (As Assignor), To Stantec Consulting Services Inc. (As
Assignee), Upon Completion Of Successful Negotiations.
(Procurement)
Commission Agenda, July 17, 2013
13
C7 - Resolutions (Continued)
C7V A Resolution Adopting The City's One-Year Action Plan For Federal Funds For Fiscal Year
2013/2014, Which Includes The Budgets For The Community Development Block Grant (CDBG)
Program, The Home Investment Partnership (HOME) Program, The Fiscal Year 2012/2013 State
Housing Initiatives Partnership (SHIP) Program And Value Added Enhancement Funds;
Amending The FY 1994-2011 Action Plans, Authorizing The City Manager To Make Minor Non-
Substantive Changes To The One-Year Action Plan Or Resulting Agreements Before Execution
(Which May Be Identified During The Finalization And/Or Review Process, And Which Do Not
Affect The Purpose, Scope, Approved Budget And/Or Intent Of The Plan); Authorizing The City
Manager To Extend The Expiration Dates Of Said Agreements When Necessary; Authorizing The
City Manager To Execute All Applicable Documents And Submit The One-Year Action Plan To
The U.S. Department Of Housing And Urban Development (HUD); Further Authorizing The Mayor
And City Clerk To Execute Agreements For Sub-Recipients Of CDBG, HOME, SHIP And Value
Added Enhancement Funds; And Authorizing The Appropriation Of All Federal And State Funds
When Received.
(Real Estate, Housing & Community Development)
C7W A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 6
To The Neighborhood Stabilization Program 1 (NSP1) Subgrant Agreement Between The City
And The State Of Florida Department Of Economic Opportunity (DEO) Modifying The Expiration
Date Of The Subgrant Agreement, From August 15, 2013 To February 15, 2014.
(Real Estate, Housing & Community Development)
C7X A Resolution Approving And Authorizing The City Manager To Execute A Month-To-Month
Extension Of The City’s Contract With The Salvation Army, For The Provision Of Thirty-One (31)
Shelter Beds To Be Used To Provide Emergency Shelter To The City’s Homeless Population, At
A Cost Of $19,220 Per Month, With Such Extension Commencing On October 1, 2013, And
Ending At Such Time That A New Contract For The Provision Of Such Services Is Approved And
Executed.
(Real Estate, Housing & Community Development)
C7Y A Resolution Retroactively Approving And Authorizing The Acceptance Of $8,688 In
Sponsorships Made To The City For The Annual Fourth Of July Celebration, A Free Event.
(Tourism, Culture & Economic Development)
C7Z A Resolution Approving Pursuant To Section 2-367(D) Of The Miami Beach City Code, The Sole
Source Purchase Of Public Performance Rights In An Amount Not To Exceed $30,500 Annually;
For Motion Pictures To Be Shown Free Of Charge At Various Outdoor Locations Including
Soundscape, North Shore Band Shell And Other City Parks, From Swank Motion Pictures, Inc.,
And From Criterion Pictures, USA, Sole Source Holders Of Public Performance Rights For
Specific Motion Pictures; And Further Approving Sole Source Purchase For An Additional Two (2)
Years Contingent Upon Funds Appropriations.
(Tourism, Culture & Economic Development)
Commission Agenda, July 17, 2013
14
C7 - Resolutions (Continued)
C7AA A Resolution Creating A Centennial Celebration Ad-Hoc Committee To Provide Ideas And
Recommendations Pertaining To All Matters With Respect To Events And Activities Related To
The City Of Miami Beach Centennial On March 26, 2015, And Prescribing The Duties, Manner Of
Appointment, And Term Of Office Of Committee Members.
(Tourism, Culture & Economic Development)
C7BB A Resolution Approving And Authorizing The City Manager To Execute Amendment No. 1 To The
Letter Of Understanding Between The City And MCH Swiss Exhibition LTD (MCH), Regarding
The Art Basel Event In Miami Beach (Or The ABMB Event).
(Tourism, Culture & Economic Development)
C7CC A Resolution Approving The Selection Of A Public Art Commission For South Pointe Park Pier,
By The Artist, Tobias Rehberger, Entitled "Gate" (Working Title), As Recommended By The Art
In Public Places Committee And The Neighborhood/Community Affairs Committee And As
Approved By The Design Review Board; Further Approving And Authorizing The City Manager To
Execute A Contract With The Artist, Tobias Rehbeger, For The Design, Fabrication, Installation
Of Aforestated Work Of Art; And Approving Funds, In An Amount Not To Exceed $89,177, As
Follows: Fund 147 - Art In Public Places From South Pointe Park Pier Project, $64,177 And
$25,000, Capital Budget South Pointe Park Pier Construction Fund, Previously Appropriated As
Part Of The FY 2010/11 Capital Budget.
(Tourism, Culture & Economic Development)
C7DD A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
To Establish Working Groups To Identify And Implement Procedures And Monitoring Guidelines
To Address The Recommendations Of The Crowe Horwath Performance And Operational Audit.
(Requested by Commissioner Deede Weithorn)
C7EE A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At Its June 25, 2013 Meeting And Supporting The Recommendations Of The Miami-
Dade County And Miami-Dade County Public Schools’ Joint Roundtable On Youth Safety To The
Extent That Funding Is Available.
(Organization Development Performance Initiatives)
C7FF A Resolution Waiving, By A 5/7ths Vote, The Formal Competitive Bidding Requirements, Finding
Such Waiver To Be In The City’s Best Interest, And Authorizing The Purchase Of Parking Meter
Expanded Housing And Electronic System From Duncan Industries Parking Control Systems
Corp.; And Single Space Parking Meters, Accessories And Software From Mackay Meters, Inc.
By The City’s Parking Department For The Maintenance And Operation Of Single Space Parking
Meters Citywide.
(Parking Department)
End of Consent Agenda
Commission Agenda, July 17, 2013
15
REGULAR AGENDA
R5 - Ordinances
R5A An Ordinance Amending Miami Beach City Code Chapter 38 Entitled “Elections,” By Including
Reference To Applicable Statutory Provisions Of Florida Election Code; Correcting Typographical
Errors; Amending City Code Section 38-4 To Provide For Commission Canvassing Of Election
Returns On The First Business Day Immediately Following The County Supervisor Of Election’s
Issuance Of Final Election Returns And Confirming Authorization Of Emergency Commission
Action Taken At Any Commission Meeting Occurring Between General Election Date And
Acceptance Of Final Run-Off Election Returns; Amending City Code Section 38-6 By Establishing
The Number Of Days For Early Voting Relative To City General, Run-Off And Special Elections
Upon City Commission Authorization Of Early Voting, And Authorizing City Commission To
Change Early Voting Schedule For Elections Not Held In Conjunction With County Or State
Elections; And Creating City Code Section 38-7 Entitled “Petitions” Establishing Information To
Be Provided By Petition Circulators And Persons Signing Initiative, Referendum And/Or Recall
Petitions; Providing For Repealer, Severability, Codification, And An Effective Date.
10:15 a.m. Second Reading Public Hearing
(Requested by Neighborhood/Community Affairs Committee)
(Legislative Tracking: City Attorney’s Office)
(First Reading on June 5, 2013)
R5B 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 1, Entitled “Generally,” By Amending Section 2-22, Entitled “General
Requirements,” To Provide Procedures For The Filling Of Special Vacancies On The Board Of
Adjustment, Planning Board, Design Review Board, And Historic Preservation Board; By
Amending Section 2-24, Entitled “Termination Of Office Of Agency, Board And Committee
Members,” To Amend The Exception Provisions To Include Special Vacancies Filled Pursuant To
Section 2-22 (21); And Providing For Repealer, Severability, Codification, And An Effective Date.
10:30 a.m. Second Reading Public Hearing
(Requested by Commissioner Deede Weithorn)
(Legislative Tracking: City Attorney’s Office)
(First Reading on June 5, 2013)
R5C Accessory Setback Encroachments
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article IV, “Supplementary
District Regulations,” Section 142-1132 To Modify The Setbacks For Allowable Encroachments
Including Driveways, Carports And Mechanical Equipment; By Amending Section 142-1133 To
Modify The Setback Requirements For Swimming Pools And The Requirements For The
Construction Of Swimming Pools On Corner And Thru Lots Within Single Family Districts;
Providing For Codification; Providing For Repealer, Severability And An Effective Date. 10:45
a.m. Second Reading Public Hearing
(Requested by the Land Use & Development Committee)
(Legislative Tracking: Planning Department)
(First Reading on May 8, 2013/Referred to LUDC)
Commission Agenda, July 17, 2013
16
R5 - Ordinances (Continued)
R5D Minimum Unit Sizes For Historic Hotels And RM-2 Tower Setbacks
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, "Zoning Districts And Regulations," By Amending Article II,
“District Regulations,” By Amending Division 3, “Residential Multifamily Districts,” By Amending
Section 142-155 To Modify The Requirements For Minimum Hotel Room Size For Historic Hotels
Within The RM-1 District; By Amending Section 142-217 To Modify The Requirements For
Minimum Hotel Room Size For Historic Hotels Within The RM-2 District; By Amending Section
142-218 To Modify The Tower Setback Requirements Within The RM-2 District; By Amending
Section 142-246 To Modify The Requirements For Minimum Hotel Room Size For Historic Hotels
Within The RM-3 District; Providing For Codification; Repealer, Severability And An Effective
Date. First Reading
(Requested by the Land Use & Development Committee)
(Legislative Tracking: Planning Department)
(Referred to HPB on May 8, 2013)
R5E An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled “Solid Waste,” By
Amending Article V, Entitled “Citywide Recycling Program For Multifamily Residences And
Commercial Establishments,” By Amending Section 90-343, Entitled “Public Education Program;
Requirements For Recycling Contractors; Warning Period; Enforcement Date,” By Extending The
Warning Period From June 30, 2013 To December 31, 2013 And Extending The Beginning Of
The Enforcement Period From July 1, 2013 To January 1, 2014; By Amending Section 90-345,
Entitled “Enforcement,” By Extending The Beginning Of The Enforcement Period From July 1,
2013 To January 1, 2014; Providing For Repealer, Severability, Codification, And An Effective
Date. First Reading
(Requested by Commissioner Jerry Libbin)
(Requested by Neighborhood/Community Affairs Committee)
(Legislative Tracking: Public Works)
R5F An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled “Solid Waste,” By
Amending Section 90-39 Entitled “Fine Schedule For Violations Issued And Applied To Owners,
Agents, Tenants, Occupants, Operators Or Managers, Or Persons Responsible For The
Violation,” By Amending The Fine Schedule For Violations Of Section 90-36 And Providing For
Consistent Terminology Regarding First Or Subsequent Offenses; By Amending Section 90-40,
Entitled “Fine Schedule For Violations Of Section 90-98; 90-107; 90-191 Et Seq.; 90-221 Et Seq.;
And 90-228 By Private Waste Contractors,” By Amending And Providing For Violations
Consistent With The Provisions In The Referenced Sections; By Amending Section 90-222,
Entitled “List Of Accounts,” By Providing Fine Schedules Reporting Requirements For
Discontinued Accounts Consistent With Section 90-36; Providing For Repealed, Severability,
Codification, And An Effective Date. First Reading
(Requested by Commissioner Deede Weithorn)
(Legislative Tracking: Public Works)
(Memorandum to be Submitted in Supplemental)
Commission Agenda, July 17, 2013
17
R5 - Ordinances (Continued)
R5G An Ordinance Amending Chapter 82 Of The City Code, Entitled “Public Property,” By Amending
Article VI, Entitled “Naming Of Public Facilities And Establishment Of Monuments Or Memorials,”
By Amending Section 82-503, Entitled “Naming Of Public Facilities,” By Eliminating The
Requirement Of A Referendum In Such Cases When The Facility To Be Named Or Renamed Is
City Owned, And Not Already Named For An Individual Or Individuals Pursuant To Section 82-
503(a)(4), And The Proposed Name Includes The Name Of The Physical Location Of The Facility
Or The Facility To Be Named Or Renamed, Which May Include The Name Of The Park And/Or
Street Where The Facility Is Located, Providing For Repealer, Severability, Codification, And An
Effective Date. First Reading
(Requested by the Neighborhood/Community Affairs Committee)
(Legislative Tracking: City Attorney’s Office)
R5H An Ordinance Implementing Provisions Of The 2012-2015 Collective Bargaining Agreement
Between The City And The Communications Workers Of America, (CWA) Local 3178;
Implementing Similar Retirement Plan Amendments For Members Who Are Not Included In Any
Bargaining Unit; Amending The Miami Beach Employees’ Retirement Plan Created By Ordinance
2006-3504; Amending Section 2.26 Of The Plan By Extending The Deferred Retirement Option
Plan (Plan) Program From Three (3) To Five (5) Years For Eligible Members; Amending Section
5.13 To Reflect Amended Eligibility And Participation Requirements And Amended DROP Plan
Features; Amending Section 4.03 By Eliminating The Purchase Of Additional Creditable Service
For Certain Members; Providing For Severability; Repealing All Ordinances In Conflict Therewith;
And Providing An Effective Date. First Reading
(Pursuant to Ratification of the CWA 2012-2015 Collective Bargaining Agreement)
(Legislative Tracking: Human Resources)
(Memorandum to be Submitted in Supplemental)
R5I An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance Of The
City Of Miami Beach, Florida, As Follows: Providing For The Classifications In Group IV,
Represented By The Communications Workers Of America (CWA) Local 3178, In Accordance
With The Negotiated Collective Bargaining Agreement, Effective October 1, 2012, There Shall Be
An Increase Of Eleven Percent (11%) To The Maximum Wage For The Classifications Of
Lifeguard II And Lifeguard Lieutenant; Effective In The First Pay Period Ending In October Of
2014, There Shall Be An Across The Board Cost-Of-Living Adjustment (COLA) Of Three Percent
(3%), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased By Three
Percent (3%); Repealing All Ordinances In Conflict; Providing For Severability, An Effective Date
And Codification. First Reading
(Pursuant to Ratification of the CWA 2012-2015 Collective Bargaining Agreement)
(Legislative Tracking: Human Resources)
(Memorandum to be Submitted in Supplemental)
Commission Agenda, July 17, 2013
18
R7 - Resolutions
R7A A Resolution Setting 1) The Proposed Operating Millage Rate; 2) The Required Debt Service
Millage Rate; 3) The Calculated “Rolled-Back” Rate; And, 4) The Date, Time, And Place Of The
First Public Hearing To Consider The Millage Rates And Budgets For Fiscal Year (FY) 2013/14;
Further Authorizing The City Manager To Transmit This Information To The Miami-Dade County
Property Appraiser In The Form Required By Section 200.065, Florida Statutes.
(Budget & Performance Improvement)
R7B A Resolution Of The Board Of Directors Of The Normandy Shores Local Government
Neighborhood Improvement District Setting 1) The Proposed General Operating Millage Rate For
The Normandy Shores Neighborhood Improvement District; 2) The Calculated Rolled-Back Rate;
And, 3) The Date, Time And Place Of The First Public Hearing To Consider The Operating
Millage Rate And Budget For Fiscal Year (FY) 2013/14; Further Authorizing The City Manager To
Transmit This Information To The Miami-Dade County Property Appraiser In The Form Required
By Section 200.065, Florida Statutes.
(Budget & Performance Improvement)
R7C A Resolution Waiving, By 5/7th Vote, The Competitive Bidding Requirement And Approving An
Agreement Between The City And Global Spectrum, LP (Global) For The Operation,
Management, Maintenance, Promotion And Marketing Of The Miami Beach Convention Center
And Colony Theatre, Based On Those Material And Substantive Terms And Conditions In The
Term Sheet Attached As Exhibit “A” To This Resolution; Authorizing And Directing Global And
The City Manager And City Attorney's Office To Finalize The Agreement Based On The
Approved Term Sheet; Further Authorizing Global And The City Manager And City Attorney’s
Office To Make Any Non-Substantive And Non-Material Revisions And/Or Additions To The
Agreement, As Required, And Authorizing The Mayor And City Clerk To Execute The Final
Agreement (Said Agreement Having An Initial Term Of Three (3) Years, Commencing On
October 1, 2013, And Ending On September 30, 2016, With Two (2) One Year Renewal Terms,
To Be Exercised At The City's Sole Option And Discretion).
(Tourism, Culture & Economic Development)
(Deferred on June 5, 2013)
R7D Vacation Of Alleyway - 500 Alton Road
A Resolution To Consider, On First Reading, Vacating An Alley Located In The 500 Block Of
Alton Road, Containing Approximately 6,005 Square Feet, In Favor Of The Adjacent Property
Owners, South Beach Heights I, LLC, 500 Alton Road Ventures, LLC And 1220 Sixth, LLC.
First Reading
(Public Works)
R7E A Resolution Authorizing The City Manager, Or His Designee, To Select, Negotiate, Award And
Reject All Bids, Contracts, Agreements, Purchase Orders, Change Orders And Grant
Applications; Renew Existing Contracts Which May Expire; And Terminate Existing Contracts, As
Needed, From The Last Commission Meeting On July 17, 2013, Until The First Regularly
Scheduled Meeting On September 11, 2013, Subject To Ratification By The City Commission At
Its First Regularly Scheduled Meeting On September 11, 2013. Joint City Commission &
Redevelopment Agency
(Procurement)
Commission Agenda, July 17, 2013
19
R7 - Resolutions (Continued)
R7F A Resolution Calling For A Special Election To Be Held On Tuesday, November 5, 2013, For The
Purpose Of Submitting To The Electorate Of The City Of Miami Beach An Advisory, Non-Binding
Straw Ballot Question Asking Whether The City Commission Should, Without Owner Consent,
Designate Individual Single Family Homes That Satisfy The City Code’s Evaluation Criteria For
Local Historic Site Designation?
(Requested by Commissioners Jerry Libbin & Jonah Wolfson)
(Legislative Tracking: City Attorney’s Office)
R7G A Resolution Calling For A Special Election To Be Held On Tuesday, November 5, 2013, For The
Purpose Of Submitting To The Electorate Of The City Of Miami Beach An Advisory, Non-Binding
Straw Ballot Question Asking Whether The City Commission Should Adopt A Resolution Urging
The Federal Government And The Florida Legislature To Decriminalize And Authorize The
Medicinal Use Of Marijuana.
(City Attorney’s Office)
R7H A Resolution Rejecting All Bids Received, Pursuant To Invitation To Bid No. 176-2013TC, For
The Construction Of The 6th Street Restrooms, 53rd Street Restrooms, And Ocean Rescue
Office; And Approving And Authorizing The Mayor And City Clerk To Execute A Guaranteed
Maximum Price (GMP) Amendment No. 1, To The Pre-Construction Services Agreement With
Thornton Construction Company, Inc., For The Construction Of The 6th Street Restrooms In The
Amount Of $614,322, Plus An Owner’s Project Contingency Of $30,716, For A Total Of $645,038;
53rd Street Restrooms And Ocean Rescue Building In The Amount Of $586,171, Plus An
Owner’s Contingency Of $30,543, And The Provision Of A Temporary Office Trailer For Ocean
Rescue In The Amount Of $24,704, For A Total Of $641,418; For A GMP Total Of $1,225,197,
With Owner’s Contingency Of $61,259, For A Grand Total Of $1,286,456; With Previously
Appropriated Funding In The Amount Of $535,367 From SP Post RDA CDT And Municipal
Resort Tax Fund 388, $109,671 From SB Quality Of Life Resort Tax Fund 305, $641,418 From
Capital Projects Not Financed By Bonds Fund 301.
(Capital Improvement Projects/Procurement)
R7I A Resolution Consenting To The Appointment Of The Director Of The Parks And Recreation
Department For The City Of Miami Beach.
(Human Resources)
(Memorandum to be Submitted in Supplemental)
R7J Consent Appointments Of Nannette Rodriguez, Gladys Gonzalez And Alex Denis
1. A Resolution Consenting To And Confirming The Appointment Of Nannette Rodriguez As
The Director Of The Office Of Communications For The City Of Miami Beach.
2. A Resolution Consenting To And Confirming The Appointment Of Gladys Gonzalez As The
Director Of The Department Of Information Technology For The City Of Miami Beach.
3. A Resolution Consenting To And Confirming The Appointment Alex Denis As The Director
Of The Office Of Procurement For The City Of Miami Beach.
(Human Resources)
Commission Agenda, July 17, 2013
20
R7 - Resolutions (Continued)
R7K A Resolution Ratifying A Three (3) Year Labor Agreement Between The City Of Miami Beach And
The Communications Workers Of America, Local 3178 (CWA), For The Period From October 1,
2012 Through September 30, 2015; And Authorizing The Mayor And City Clerk To Execute The
Agreement.
(Human Resources)
(Memorandum to be Submitted in Supplemental)
R7L A Resolution Accepting The Following Recommendations Of The Neighborhood/Community
Affairs Committee: 1.) Approving The Proposal Of The Flamingo Park Neighborhood Association
To Name The New Tennis Center At Flamingo Park, The “Flamingo Park Tennis Center;” 2.) In
Release And Settlement Of Any Right(s) And/Or Claim(s) That Abel Holtz (Both Individually
And/Or Acting By And On Behalf Of The Entire Holtz Family, And Their Respective Heirs,
Successors, And Assigns) May Have With Respect To The Naming Of The New Tennis Center
And Any Other Tennis Related Improvements At Flamingo Park (Past, Present, Or Future),
Approving The Establishment Of A Monument, In The Form Of A Tennis Ball Sculpture (Which
Design Was Initially Included In The Renderings For The Project), With A Dedicatory Plaque On
The Base Of The Sculpture With Plaque Language To Be Mutually Agreed Upon Between The
City And The Holtz Family; 3.) Further Deferring The Official Ribbon Cutting Ceremony For The
New Tennis Center Until The Naming Is Finalized; And 4.) Accepting The Recommendation Of
The City Attorney’s Office And Authorizing The City Attorney To Prepare An Amendment To
Section 82-503(c)(2) Of The City’s Naming Ordinance To Clarify The City’s Intent That If A Public
Facility Is Being Named Or Re-Named To Include The Location Including, Without Limitation, The
Park Or Street Number/Name, Where The Facility Is Situated, Then The Referendum
Requirements For Naming The Exterior Of Public Facilities Shall Not Apply.
(Parks & Recreation)
(Memorandum to be Submitted in Supplemental)
R7M A Resolution Calling For A Special Election To Be Held On Tuesday, November 5, 2013, For The
Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking
Whether City Charter Section 1.03(B) Requiring Majority Voter Approval Before The City's Sale,
Lease Exceeding Ten Years, Exchange Or Conveyance Of Convention Center Parking Lots
Should Be Changed To Require 60% Voter Approval Instead, And To Include "Convention Center
Campus" (All City-Owned Property Within Civic And Convention Center District Except
Convention Center And Carl Fisher Clubhouse) Within The Category Of City-Owned Properties
Subject To 60% Voter Approval Requirement, And Clarifying That This Charter Change Is
Inapplicable To The "Convention Center" Ballot Question (To Be Presented Simultaneously On
The November 5, 2013 Ballot).
(City Attorney’s Office)
(City Attorney’s Memorandum to the City Commission Included)
Commission Agenda, July 17, 2013
21
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 Update On The Miami Beach Convention Center Project.
(City Manager’s Office)
R9D Discuss A Resolution Requiring The Two Short Listed Proposer Firms Being Disqualified If They
Do Not Submit The Required Affidavits On Or Before May 1, 2013, For The Convention Center
RFQ.
(Requested by Commissioner Jonah Wolfson)
(Deferred on June 5, 2013)
R9E Discuss Repealing Sec. 74-1, Entitled "Soliciting Business In Public From Pedestrians” Of The
Code Of The City Of Miami Beach, Florida And/Or A Referral To The Land Use And Development
Committee To Discuss Said Section 74-1.
(Requested by Commissioner Jonah Wolfson)
(Not Reached on June 5, 2013)
R9F Discussion Regarding The Protocol Of Items The Commission May Entertain During Sutnick
Hour.
(Requested by Commissioner Jorge R. Exposito)
(Not Reached on June 5, 2013)
R9G Discussion Regarding The Miami Herald Story Regarding Sewage On Meridian Avenue, The
Grease Pan Ordinance, And Other Preventative Measures To Stop This From Happening In The
Future.
(Requested By Commission Michael Góngora)
(Not Reached on June 5, 2013)
R9H Request Rental Fee Waivers For The Use Of The Colony Theater And The Miami Beach
Botanical Gardens For The Sustainable Authentic Florida Conference, To Be Held In Miami
Beach, October 23-25, 2013.
(Requested by Mayor Matti Herrera Bower)
R9I Report On The Status Of The Flagstone Island Gardens Project Planned For Watson Island.
(Requested by Mayor Matti Herrera Bower)
Commission Agenda, July 17, 2013
22
R9 - New Business and Commission Requests (Continued)
R9J Discussion Regarding The Hotel, Marina And 600,000 Square Foot Mall Planned For Watson
Island, And Direct The Administration To Research The Impact Of This Project To Traffic Entry
Into Miami Beach And Any Effect On Our Businesses.
(Requested by Commissioner Jorge R. Exposito)
R9K Discussion To Direct The City Manager And City Attorney To Meet With City Of Miami
Concerning The Watson Island Development Proposed By Flagstone Property Group And
Related Companies, And To Take Any Steps Necessary, Including Legal Action, To Safeg uard
Miami Beach Residents Quality Of Life.
(Requested by Commissioner Michael Góngora)
R9L Discussion Regarding The Hispanic Affairs Committee Motion On Hispanic Heritage Month.
(City Manager’s Office)
R9M Discussion Regarding Red Light Cameras In Miami Beach In Light Of A New State Law That
Goes Into Effect On July 1, 2013.
(Requested by Commissioner Michael Góngora)
R9N Discuss Obtaining A Full Release By Both Bidders To The Convention Center Project, South
Beach ACE Tishman UIA OMA And Portman-CMC Stating That: If They Are Not Selected, They
Will Not Sue And Will Have Zero Recourse Against The City Of Miami Beach; And If They Are
Selected And The City Of Miami Beach Decides To Cease Negotiations With Them For Any
Reason Whatsoever, They Will Not Sue The City Of Miami Beach And Will Have Zero Recourse
Against The City Of Miami Beach.
(Requested by Commissioner Jonah Wolfson)
R9O Presentation Of Certification Of Signed Petitions Submitted By “Let Miami Beach Decide,” A
Political Committee, Petitioning The City Commission To Submit To The Electors Of Miami Beach
Amendments To Section 1.03 Of The Miami Beach City Charter.
(City Clerk’s Office)
R9P Discussion To Immediately Reinstate The Fee Waiver For Sidewalk Cafes In North Beach.
(Requested by Commissioner Jerry Libbin)
R9Q Report On The 2013 State Legislative Session.
(City Manager’s Office)
Commission Agenda, July 17, 2013
23
R9 - New Business and Commission Requests (Continued)
R9R Discuss A Resolution Supporting Efforts To Reduce Gun Violence And Illegal Firearms
Trafficking Through More Responsible Gun Sales And Marketing Practices, Directing The City
Manager And The Police Chief To Partner With Other Municipalities To Create A Coalition In
Support Of This Initiative, And Directing The City Clerk To Send A Certified Copy Of This
Resolution To All South Florida Municipalities, The Florida League Of Cities, Inc., All Members Of
Florida's Congressional Delegation, And To The Obama Administration.
(Requested by Mayor Matti Herrera Bower)
R9S Discuss And Decide The Actions That The City Wishes To Take With Respect To The Potential
Illegal Up Zoning Of Watson Island And The Deleterious Effects That It May Cause To Residents
And Businesses On Miami Beach.
(Requested by Commissioner Jerry Libbin)
R10 - City Attorney Reports
R10A City Attorney’s Status Report.
(City Attorney Office)
R10B Closed Attorney-Client Session
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:
City Of Miami Beach v. Hargreaves & Associates, Et Al. Case No. 10-61979 CA 03 Circuit Court,
11th Judicial Circuit
Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of
The City Commission Meeting On July 17, 2013, 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 Matters.
The Following Individuals Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The
City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Vice-Mayor Edward Tobin,
Deede Weithorn And Jonah Wolfson; City Manager Jimmy Morales, City Attorney Jose Smith,
First Assistant City Attorney Steven Rothstein, Richard Lydecker, Esq. And Meredyth Cooper,
Esq.
Commission Agenda, July 17, 2013
24
Reports and Informational Items
1. Reports and Informational Items (see LTC 237-2013)
2. List of Projects Covered by the Cone of Silence Ordinance - LTC.
(Procurement)
End of Regular Agenda
Commission Agenda, July 17, 2013
25
Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
July 17, 2013
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 Jimmy L. Morales
Assistant Director Joe Jimenez
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 Adopting And Appropriating The First Amendment To The Operating Budget For
The City Center Redevelopment Area, For Fiscal Year 2012/13. 10:00 a.m. Public
Hearing
(Tourism, Culture & Economic Development Department)
B A Resolution Authorizing The Executive Director, Or His Designee Or His Designee, To
Select, Negotiate, Award And Reject All Bids, Contracts, Agreements, Purchase Orders,
Change Orders And Grant Applications; Renew Existing Contracts Which May Expire;
And Terminate Existing Contracts, As Needed, From The Last Commission Meeting On
July 17, 2013, Until The First Regularly Scheduled Meeting On September 11, 2013,
Subject To Ratification By The City Commission At Its First Regularly Scheduled Meeting
On September 11, 2013. Joint City Commission & Redevelopment Agency
(Procurement)