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May 21 Agenda City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive May 21, 2014 Mayor Philip Levine Vice-Mayor Micky Steinberg Commissioner Michael Grieco Commissioner Joy Malakoff Commissioner Edward L. Tobin Commissioner Deede Weithorn Commissioner Jonah Wolfson City Manager Jimmy L. Morales City Attorney Raul Aguila 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 - 8:30 a.m. Inspirational Message, Pledge of Allegiance Requests for Additions, Withdrawals, and Deferrals The City Commission will recess for lunch at approximately 12:00 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. We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. Commission Agenda, May 21, 2014 Presentations and Awards Presentations and Awards Meeting will take place May 28, 2014. CONSENT AGENDA Action: Moved: Seconded: Vote: C2 - Competitive Bid Reports C2A Request For Approval To Issue An Invitation To Negotiate (ITN) 2014-170-SW For A Parking Garage Gated Parking Revenue Control System For The City Of City Of Miami Beach. (Parking/Procurement) C2B Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 2014-144-LR, For Sniper Rifles, Duty Pistols and Related Accessories. (Police/Procurement) C2C Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 2014-160 For Citywide Signage Maintenance And Repair. (Public Works/Procurement) C4 - Commission Committee Assignments C4A Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding Rebuilding Of The Sunset Islands 1 And 2 Guard Houses. (Requested by Commissioner Joy Malakoff) C4B Referral To The Land Use And Development Committee – Discussion Regarding The Overlay District For Washington Avenue And North Beach. (Requested by Commissioner Joy Malakoff) 2 Commission Agenda, May 21, 2014 C4 - Commission Committee Assignments (Continued) C4C Referral To The Finance And Citywide Projects Committee - Discussion Regarding Whether Or Not To Pursue Food And Beverage Concessions For Soundscape Park, Collins Park, And The Miami Beach Botanical Garden. (Tourism, Culture & Economic Development) C4D Referral To The Neighborhood/Community Affairs Committee To Discuss Special Events Programming At The North Beach Bandshell As It Relates To Noise. (Parks & Recreation) C4E Referral To The Finance And Citywide Projects Committee - Parking - Strategic Pricing. (Parking) C4F Referral To The Planning Board - Proposed Telecommunications Ordinance. (Sponsored by the Land Use & Development Committee) (Legislative Tracking: Planning) C4G Referral To The Planning Board - Proposed Amendment To Permit Additional Height For Garages In The RM-2 District, And To Permit Certain Garages Without Commercial Or Residential Units. (Sponsored by the Land Use & Development Committee) (Legislative Tracking: Planning) C4H Referral To The Neighborhood/Community Affairs Committee To Discuss The Possibility Of The Parks And Recreation Department Partnering With Miami-Dade County Schools To Operate An After School Program Out Of The City’s Local School Sites. (Parks & Recreation) C6 - Commission Committee Reports C6A Report Of The Special Finance And Citywide Projects Committee Meeting Of April 16, 2014: 1) Discussion Of Ordinance No. 2013-3826 Adopted And Referred To The Finance And Citywide Projects Committee To Discuss The 60 Employees That Are Capped Out. 2) Discussion Of Replacement Line Of Credit. C6B Report Of The Neighborhood/Community Affair Committee Meeting Of April 25, 2014: 1) Discussion Of The City’s Draft Tree Ordinance Prepared By The Public Works Department Green Space Management Division. 2) Discussion Regarding A Motion Made By The Committee For Quality Education To Explore An Additional Exit Installed At The Northeast Corner Of The Public Parking Lot At 42nd Street And Royal Palm Avenue Beside North Beach Elementary School. 3) Discussion Regarding Sightseeing And Tour Bus Industry Regulations. 4) Addendum: Discussion Regarding Banning Bicycles On Lincoln Road And On Sidewalks Citywide Except For Parks. 3 Commission Agenda, May 21, 2014 C6 - Commission Committee Reports (Continued) C6C Report Of The Special Finance And Citywide Projects Committee Meeting Of April 30, 2014: 1) Discussion Of Miami Beach Convention Center Construction And Booking Schedule. C6D Report Of The Land Use And Development Committee Meeting Of May 7, 2014: 1) Discussion For Consideration Of Establishing Acceptable Accessory Uses Permitting Restaurants In Contributing Historic Structures Within The RM-2 Cultural Arts Neighborhood Overlay District. 2) Discussion On Telecommunications Ordinance. 3) Discussion On An Ordinance To Permit Additional Height For Garages In The RM-2 District, And To Permit Certain Garages Without Commercial Or Residential Units. 4) Additional Discussion Items. C6E Reports From The January 28, February 19, March 26, And April 16, 2014 Flooding Mitigation Committee Meetings. C7 - Resolutions C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Take The Following Action: 1) Approve Retroactively The Submittal Of A Grant Application To Miami-Dade County Metropolitan Planning Organization (MPO), Transportation Alternatives Program, For Funding In The Amount Of $1 Million For The Atlantic Greenway Network/Boardwalk Conversion Project; 2) Approve The Renewal Of A Contract With The Children’s Trust For Funding In The Approximate Amount Of $99,249 For The City’s Youth Development Program; 3) Approve The Renewal Of A Contract W ith The Children’s Trust For Funding In The Approximate Amount Of $150,000 For The Early Childhood Development Program; 4) Approve Additional Matching Funds From The City, In The Amount Of $2,556,590, For The Recent Grant Submittal To The U.S. Department Of Transportation For The Transportation Investment Generating Economic Recovery (TIGER) Program For An Intelligent Transportation System (ITS); Appropriating The Above Grants, Funding Requests, Matching Funds, And City Expenses, If Approved And Accepted By The City And Authorizing The Execution Of All Necessary Documents Related To The Aforestated Applications, Including, Without Limitation, Audits, And Authorizing The City Manager Or His Designee To Take All Necessary Actions Related To These Grants And Funding Requests. (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. 2014-091-Sw, For Investment Advisory Services; Authorizing The Administration To Enter Into Negotiations With The Top- Ranked Proposer, First Southwest; And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations With The Second-Ranked Proposers (TIE), Davidson Fixed Income Management And Public Trust Advisors, LLC; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. (Finance/Procurement) 4 Commission Agenda, May 21, 2014 C7 - Resolutions (Continued) C7C A Resolution Accepting The Recommendation Of The City Manager Pursuant To Request For Qualifications (RFQ) No. 2013-087-Sr Relative To City-Wide Demolition Services; Authorizing The Administration To Enter Into Negotiations With The Following Firms: ABC Construction; BG Group; Chin Diesel; Cross Environmental; Dancon Group; G7 Holdings; Miami Wrecking; State Contracting & Engineering; And Further Authorizing The Mayor And City Clerk To Execute Agreements Upon Conclusion Of Successful Negotiations By The Administration. (Building/Procurement) C7D A Resolution Waiving, By 5/7th Vote, The Competitive Bidding Requirements, Finding Such Waiver To Be In The Best Interest Of The City, And Approving And Authorizing The Procurement Of Certificate Of Insurance Tracking System, Utilizing Existing Palm Beach County Contract No. 13-100-MW, Effective Through February 18, 2015, Subject To Any Extensions And/Or Replacement Contracts Issued By Palm Beach County. (Human Resources/Procurement) C7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order No. 1 To Lanzo Construction Co., For Additional Engineering Services, Drainage Structure Modification, Drainage Pipe, Fencing Around Pump Stations, Electrical Components, And Preparation Of Site For Stockpiling Of Material For The Sunset Harbour Pump Stations Retrofit And Drainage Improvements Project, In The Amount Of $315,123 Plus A Total Project Contingency In The Amount Of $231,358; For A Total Construction Cost Of $546,481. (Public Works) C7F A Resolution Approving And Authorizing The Acceptance Of Donations Of Hotel Rooms Made To The City For Memorial Day Weekend. (Tourism, Culture & Economic Development) C7G A Resolution Amending Resolution No. 2014-28560 Establishing Amended Criteria For Special Event Fee Waiver For The North Beach Special Event Incentive Program Designed To Attract And Encourage Events In The North Beach Area Of The City. (Tourism, Culture & Economic Development) C7H A Resolution Approving In Substantial Form An Interlocal Agreement Between Miami-Dade County And The City Of Miami Beach For The Provision Of Municipal Circulator (Trolley) Services In North Beach, Authorizing The City Administration To Finalize The Agreement And, When Finalized, Authorizing The Mayor And City Clerk To Execute The Final Agreement; Provided, However, That Should Any Material Terms Change, Requiring That The Agreement Come Back To The City Commission Prior To Final Approval And Execution. (Transportation) 5 Commission Agenda, May 21, 2014 C7 - Resolutions (Continued) C7I A Resolution Waiving The $650 Building Rental Fee At The Colony Theater, June 25, 2014, For The Miami-Dade Premier Of The Documentary “Just Gender,” Hosted By SAVE Dade. (Sponsored by Vice-Mayor Micky Steinberg) (Legislative Tracking: Tourism, Culture & Economic Development) End of Consent Agenda 6 Commission Agenda, May 21, 2014 REGULAR AGENDA R2 - Competitive Bid Reports R2A Request For Approval To Issue A Request For Qualifications (RFQ) No. 2014-223-AD For Comprehensive Program Review Of Nautilus Middle School. (Organization Development Performance Initiatives/Procurement) R5 - Ordinances R5A An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled “Administration,” By Amending Article I, Entitled “In General,” By Creating Section 2-1, To Be Entitled “Reasonable Opportunity To Be Heard,” To Provide Rules Regarding Public Participation In City Meetings; Providing For Repealer, Severability; Codification; And An Effective Date. 10:00 a.m. Second Reading Public Hearing (Sponsored by Neighborhood/Community Affairs Committee) (Legislative Tracking: City Attorney’s Office) (First Reading on April 23, 2014) R5B An Ordinance Amending Miami Beach City Code Chapter 2 Entitled “Administration,” Article VII “Standards Of Conduct,” Section 2-458 Thereof Entitled “Supplemental Abstention And Disclosure Requirements” By Providing That A City Of Miami Beach Elected Or Appointed Public Officer With A Conflict Of Interest On A Particular Matter Shall Absent Himself From The Agency Meeting On Which He Serves During Said Agency’s Discussion Of That Matter; Providing For Repealer, Severability, Codification, And An Effective Date. 10:05 a.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: City Attorney’s Office) (First Reading on April 23, 2014) R5C An Ordinance Amending Chapter 10 Of The Miami Beach City Code, Entitled “Animals,” By Creating Section 10-17, To Be Entitled “Certain Techniques And Devices Prohibited; Enforcement; Penalties”; And By Amending Sections 10-2 And 10-3 To Cross-Reference The New Provisions In Section 10-17; Providing For Repealer; Severability; Codification; And An Effective Date. 10:10 a.m. Second Reading Public Hearing (Sponsored by Mayor Philip Levine) (Legislative Tracking: City Attorney’s Office) (First Reading on April 23, 2014) 7 Commission Agenda, May 21, 2014 R5 - Ordinances (Continued) R5D An Ordinance Amending Chapter 10 Of The Miami Beach City Code, Entitled “Animals,” By Creating Section 10-18, To Be Entitled “Requirements For Sales Of Dogs And Cats; Definitions; Permitted Sources; Certificate Of Source; Penalties”; And By Amending Sections 10-2 And 10-3 To Cross-Reference The New Provisions In Section 10-18; Providing For Repealer; Severability; Codification; And An Effective Date. 10:15 a.m. Second Reading Public Hearing (Sponsored by Mayor Philip Levine) (Legislative Tracking: City Attorney’s Office) (First Reading on April 23, 2014) R5E Alcohol in Movie Theaters An Ordinance Amending The City Code, By Amending Chapter 6, “Alcoholic Beverages,” Article I, “In General,” Section 6-4, “Location And Use Restrictions,” By Permitting Alcohol Beverages To Be Sold In Motion Picture Theaters, Establishing Criteria, Standards And Procedures For Eligible Theaters And Where Alcohol Can Be Sold And Consumed; And Amending Section 6-5, “Patron Age Restrictions,” Exempting Motion Picture Theaters From The Code’s Patron Age Restrictions; Providing For Codification; Repealer; Severability; And An Effective Date. 10:20 a.m. Second Reading Public Hearing (Sponsored by Mayor Philip Levine) (Legislative Tracking: City Attorney’s Office) (First Reading on April 23, 2014) R5F An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled “Miscellaneous Offenses,” By Amending Article II, Entitled “Public Places,” By Amending Division 2, Entitled “Bicycling, Skateboarding, Roller Skating, In-Line Skating, And Motorized Means Of Transportation,” By Amending Section 70-67 Thereof, Entitled “Prohibited Activities,” To Prohibit The Operation Of Motorized Means Of Transportation In, On, Or Upon Any Portion Of A) The Beachwalk Between 15th And 23rd Streets, Between 64th And 79th Streets, And South Of 5th Street; B) The Lummus Park Promenade (Also Known As The Lummus Park Serpentine Walkway) Between 5th And 15th Streets; C) The Sidewalks On The East Side Of Ocean Drive Between South Pointe Drive And 15th Street; D) The South Pointe Park Cutwalk Adjacent And Parallel To Government Cut; And E) The Marina Baywalk Adjacent And Parallel To Biscayne Bay And South Of 5th Street; Providing For Repealer, Severability, Codification, And An Effective Date. 10:25 a.m. Second Reading Public Hearing (Sponsored by Commissioner Jonah Wolfson) (Legislative Tracking: City Attorney’s Office/Transportation Management) (First Reading on April 23, 2014) 8 Commission Agenda, May 21, 2014 R5 - Ordinances (Continued) R5G An Ordinance Amending Chapter 106 Of The Miami Beach City Code, Entitled “Traffic And Vehicles,” By Amending Article II, Entitled “Metered Parking,” By Amending Division I, Entitled “Generally,” By Amending Section 106-55, Entitled “Parking Rates, Fees, And Penalties,” By Amending Subsection (N), Entitled, "Hybrid/ILEV (Inherently Low Emissions Vehicles) Vehicles Incentive," By Amending Vehicle Participation Criteria For The Hybrid/ILEV Vehicles Incentive Program To Substitute Vehicles With An EPA (Environmental Protection Agency) Smartway Designation; And Establishing An Annual Miami Beach Resident Permit Fee For Scooters And Motorcycles; Providing For Codification, Repealer, Severability, And An Effective Date. 10:30 a.m. Second Reading Public Hearing (Sponsored By Mayor Philip Levine) (Legislative Tracking: Parking) (First Reading on April 23, 2014) R5H An Ordinance Amending Chapter 106 Of The Miami Beach City Code, Entitled “Traffic And Vehicles,” By Amending Article II, Entitled “Metered Parking,” By Amending Division I, Entitled “Generally,” By Amending Section 106-47, Entitled “Freight, Commercial, And Passenger Curb Loading Zones; Hours, Deliveries”; Creating Subsection (f), Permit Required; Further Amending Section 106-55; Establishing Subsection (o), Entitled, "Freight Loading Zone (FLZ) Permit"; And Subsection (p), Entitled, Alley Loading (AL) Pemrit; Providing For Codification, Repealer, Severability, And An Effective Date. 10:35 a.m. Second Reading Public Hearing (Sponsored By Commissioner Michael Grieco) (Legislative Tracking: Parking) (First Reading on April 23, 2014) R5I AFSCME MBERP Ordinance An Ordinance Implementing Provisions Of The 2013-2016 Collective Bargaining Agreement Between The City And The American Federation Of State, County And Municipal Employees, (AFSCME) Local 1554; 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 (DROP) 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 Effective April 23, 2015; Amending Section 6.02 Of The Plan By Reinstating An Additional Two Percent Member Contribution For Members Of The AFSCME Bargaining Unit Hired Prior To September 30, 2010; And Eliminating The Additional Two Percent Member Contribution When The Plan Actuary Confirms That The City’s Annual Required Contribution To The Retirement Plan Is 23.5% Of Payroll Or Less; Providing For Severability; Repealing All Ordinances In Conflict Therewith; And Providing An Effective Date. 10:40 a.m. Second Reading Public Hearing (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) (First Reading on April 30, 2014) 9 Commission Agenda, May 21, 2014 R5 - Ordinances (Continued) R5J An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled “Administration,” By Amending Article IV Entitled “Officers And Employees,” By Amending Section 2-191 Entitled “Enumeration Of Organizational Units,” By Creating The Office Of Housing And Community Services And Transportation Department; And Providing For Severability; Repealing All Ordinances In Conflict Therewith; And Providing For An Effective Date. 10:45 a.m. Second Reading Public Hearing (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) (First Reading on April 23, 2014) R5K 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 I, Represented By The American Federation Of State, County And Municipal Employees (AFSCME) Local 1554, In Accordance With The Negotiated 2013-2016 Collective Bargaining Agreement; Effective Upon Ratification Of The Collective Bargaining Agreement, The 2009 Condrey Classification And Compensation Study, Inclusive Of Subsequent Amendments, Will Be Implemented, Establishing The Minimum Salary For All Bargaining Unit Classifications In Accordance With “Scale C” Of The Study, And Establishing The Maximum Salary For All Bargaining Unit Classifications In Accordance With “Scale B” Of The Study; Effective April 1, 2014, There Shall Be An Across The Board Cost-Of-Living Adjustment (COLA) Of Two Percent (2%), And The Minimum And Maximum Of Each Pay Range, Including The Pay Ranges In The 2009 Condrey Classifications And Compensation Study, As Amended, Will Also Be Increase By Two Percent (2%); Further, Effective April 1, 2015, There Shall Be An Across The Board Cost-Of- Living Adjustment (COLA) Of One Percent (1%), For Employees Whose Base Salary Does Not Exceed The Maximum Of Their Pay Ranges As Recommended By The 2009 Condrey Classification And Compensation Study “Pay Scale B,” Inclusive Of Subsequent Amendments, And The Minimum And Maximum Of Each Pay Range, Including The Pay Ranges In The 2009 Condrey Classification And Compensation Study, As Amended, Will Also Be Increased By One Percent (1%); Repealing All Ordinances In Conflict; Providing For Severability, An Effective Date And Codification. 10:50 a.m. Second Reading Public Hearing (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) (First Reading on April 23, 2014) 10 Commission Agenda, May 21, 2014 R5 - Ordinances (Continued) R5L Others Salary Ordinance 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 VI, Not Represented By A Collective Bargaining Unit And Commonly Referred To As “Others”; Effective April 23, 2014, Adopting The 2009 Condrey Classification And Compensation Study, Amended By Seven Percent (7%) In August 2013, By The Consultant, Establishing The Minimum Salary For All “Others” Salary Group Classifications In Accordance With “Scale C” Of The Study, And Establishing The Maximum Salary For All “Others” Salary Group Classifications In Accordance With “Scale B” Of The Study; Adopting The Classification Titles As Recommended Therein, Amending The Minimum And Maximum Of Each Range By Two Percent (2%) Effective April 23, 2014 And One Percent (1%) Effective April 1, 2015; Changing The Title Of The Human Resources Technicians I, II And III To Human Resources Technician; Deleting The Following Obsolete Classifications: Administrative Aide II/Risk And Employee Benefits Specialist; And Establishing The Newly Created Classification Of Case Worker Assistant And Recreation Attendant; Repealing All Ordinances In Conflict; Providing For Severability, An Effective Date And Codification. 10:55 a.m. Second Reading Public Hearing (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) (First Reading on April 23, 2014) 11 Commission Agenda, May 21, 2014 R5M Unclassified Salary Ordinance An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of The City Of Miami Beach, Florida, As Follows: Providing For The Classifications In Group VII, Comprised Of At-Will Employees Commonly Referred To As “Unclassified Employees,” Effective April 23, 2014; Adopting The 2009 Condrey Classification And Compensation Study, Amended By Seven Percent (7%) In August 2013, By The Consultant; Establishing The Minimum Salary For All Unclassified Salary Group Classifications, In Accordance With “Scale C” Of The Study, And Establishing The Maximum Salary For All Unclassified Salary Group Classifications, In Accordance With “Scale B” Of The Study; Amending The Minimum And Maximum Of Each Range By Two Percent (2%), Effective April 23, 2014, And One Percent (1%), Effective April 1, 2015; Adopting The Following Classification Titles: From Chief Structural Plans Examiner To Chief Structural Engineer; From Expenditure/Treasury Manager To Treasury Manager; From Executive Assistant To The City Manager To Assistant To The City Manager; From Utility Superintendent To Water And Sewer Superintendent; From Property Management Contracts Coordinator To Maintenance Management Coordinator; From Tourism And Convention Director To Marketing And Tourism Manager; From Labor Relations Division Director To Labor Relations Manager; From Chief Engineering Inspector To Governmental Compliance Coordinator; From Field Supervisor To Field Inspections Supervisor-CIP/Planning And Zoning Inspector; From Police Financial Assistant To Business Manager; From Community Development Specialist To Housing And Community Development Specialist; From Field Agent To Tax Auditor; From Constituent/Commission Aide To Commission Aide; From Call Center/Customer Service Manager To Community Outreach Manager; From Truancy Prevention Program Coordinator To Truancy Coordinator; From Assistant Director Parks/Assistant Director Recreation To Assistant Director Parks And Recreation; From Departmental ADA Coordinator To ADA Coordinator; From Urban Forrester To Parks Superintendent - Urban Forrester; Creating The Following New Classification Titles: Asset Specialist; Assistant City Attorney I; Educational Aide; Parks And Recreation Administrative Specialist; Planner I And Planner II; Development And MBTV Director; Public Arts Coordinator; Program Coordinator (Youth Empowerment Network); Project Manager; Senior Legal Secretary; Tutoring Supervisor; Incorporating The Following Additional Classification Changes: From Assistant Director - Code Compliance To Code Compliance Assistant Director; From Housing And Community Development Division Director To Housing And Community Services Director; Deleting The Following Obsolete Classifications: Account Manager – Finance; Assistant For Labor Relations; Office Of Child Development Director; Real Estate Housing And Community Development Director; Labor Relations Director; Housing, Community And Economic Development Division Director; Office Of Community Services Division Director; Public Safety Special Projects Coordinator; Registrar; And Establishing The Following Newly Created Classifications Since The 2009 Condrey Study: Building Official; Recreation Supervisor II; Code Compliance Director; Senior Code Compliance Administrator; Senior Media Specialist; Senior Business Manager; Capital Improvement Projects Division Director; Chief Learning And Development Officer; Emergency Management Specialist; Intern; Housing And Community Services Department Director; Management And Budget Analyst I; Mayor And Commission Branding Manager; Mayor And Commission Office Manager; Planning Department Deputy Director; Public Safety Communications Unit Director; Secretary; Senior Human Resources Specialist; Transportation Analyst; Transportation Operations Supervisor; Transportation Director; Permitting The Recognition Of Those Unclassified Employees Over The Maximum Of Their Respective Salary Ranges, By Allowing For A One-Time, Non-Recurring, Non-Pensionable Adjustment Of Up To Two Percent (2%) Of Their Salaries (Based On Whether They Met, Exceed Or Significantly Exceed Performance Expectations, As Reflected By The Ratings On Their Individual Performance Evaluations); Repealing All Ordinances In Conflict Therewith; Providing For Severability, An Effective Date, And Codification.11:00a.m. Second Reading Public Hrg (Sponsored by Finance & Citywide Projects Committee) (Legislative Tracking: Human Resources) (First Reading on April 23, 2014) 12 Commission Agenda, May 21, 2014 R5 - Ordinances (Continued) R5N Religious Uses Ordinance - Religious Land Use And Institutionalized Persons Act (RLUIPA) An Ordinance Amending The City Of Miami Beach Code, By Amending Chapter 142, “Zoning Districts And Regulations,” Article II, “District Regulations,” And Article IV, “Supplementary District Regulations,” To Provide For The Equal Treatment Of Religious Institutions In Multifamily, Commercial And Industrial Districts, Allowing Religious Institutions As A Matter Of Right Up To 199 Occupancy, As Either Main Permitted Or Accessory Uses As Set Forth In The Respective Zoning Districts, And Requiring Conditional Use Approval For Such Uses With Higher Occupancy, Providing For Repealer; Severability; Codification; And An Effective Date. 11:15 a.m. Second Reading Public Hearing (Sponsored by the Land Use and Development Committee) (Legislative Tracking: Planning) (First Reading Public Hearing on April 23, 2014) R5O Single Family Parking Space Removal An Ordinance Amending The City Code, By Amending Chapter 106, “Traffic And Vehicles,” Article II, “Metered Parking,” Division 1, “Generally,” Section 106-55, “Parking Rates, Fees And Penalties,” To Modify On-Street Parking Space Removal Requirements For Single Family Uses; Providing For Repealer; Severability; Codification; And An Effective Date. 11:25 a.m. Second Reading Public Hearing (Sponsored by Vice-Mayor Micky Steinberg) (Legislative Tracking: Planning) (First Reading on April 23, 2014) R5P Repeal Of CD-2 Self Storage Repeal Of An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Chapter 142, “Zoning Districts And Regulations,” Article II, “District Regulations,” Division 5, CD-2 “Commercial, Medium Intensity District,” By Removing “Self-Storage Warehouses” As A Conditional Use In This Zoning District; Providing For Repealer, Severability, Codification And An Effective Date. 11:35_a.m. First Reading Public Hearing (Sponsored by Commissioner Jonah Wolfson) (Legislative Tracking: Planning) 13 Commission Agenda, May 21, 2014 R5 - Ordinances (Continued) R5Q Alton Road Historic District Buffer Overlay An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article III, "Overlay Districts," Creating Division 89 “Alton Road - Historic District Buffer Overlay,” By Including Section 142-858 863 "Location And Purpose,” And Section 142-859 864 "Development Regulations," Including Among Other Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks; Building Separation; Demolition Or Additions To Contributing Buildings In An Historic District; And Land Use Regulations For Location Of Retail Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance; Providing For Codification; Repealer; Severability; And An Effective Date. 5:05 p.m. Second Reading Public Hearing (Sponsored by the Land Use & Development Committee/Requested by City Commission) (Legislative Tracking: Planning) (Reconsidered on April 30, 2014) R5R An Ordinance Amending Chapter 82 Of The Miami Beach City Code, Entitled “Public Property,” By Amending Article VI, Entitled “Naming Of Public Facilities And Establishment Of Monuments And Memorials,” By Amending The Definitions In Section 82-502, Amending The Criteria For The Naming Of Public Facilities And The Co-Naming Of Streets In Section 82-503; Amending The Provisions In Section 82-505 For The Acceptance Of Monetary Donations In Consideration For The Naming Or Renaming Of Public Facilities; And Amending Section 82-501 To Cross Reference Amended Subsection 82-503(c); Providing For Codification; Repealer; Severability; And An Effective Date. First Reading (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: City Attorney’s Office) (Continued from April 23, 2014) R5S Below Grade Floor Area An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 114, “General Provisions,” By Amending The Definition Of Floor Area; Providing For Repealer, Severability, Codification And An Effective Date. First Reading (Sponsored by the Planning Board) (Legislative Tracking: Planning) R5T Bed And Breakfast Inns 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 V “Specialized Use Regulations,” Division 7 “Bed And Breakfast Inns,” Section 142-1401, “Conditions For Bed And Breakfast Inns,” To Address And Clarify The Eligibility For Contributing Buildings In Historic Districts To Be Converted To Bed & Breakfast Inns Within The City Of Miami Beach; Providing For Repealer; Severability; Codification; And An Effective Date. First Reading (Sponsored by the Land Use and Development Committee) (Legislative Tracking: Planning) 14 Commission Agenda, May 21, 2014 R5 - Ordinances (Continued) R5U North Beach National Register District Parking Ordinance An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 130, “Off-Street Parking,” Article II, “Districts; Requirements,” Section 130-32, “Off-Street Parking Requirements For Parking District No. 1,” By Adding New Parking Regulations For Apartment And Apartment-Hotel Buildings In Parking District No. 1, Including A Reduction In Off-Street Parking Requirements For Contributing Buildings In National Register Historic Districts; By Amending Section 130-33, “Off-Street Parking Requirements For Parking Districts No. 2, 3, 4 And 5” By Adding New Parking Regulations For Apartment And Apartment-Hotel Buildings In Parking District No. 4, Including A Reduction In Off-Street Parking Requirements For Contributing Buildings In National Register Historic Districts; By Amending Chapter 130, “Off-Street Parking,” Article V, “Fee In Lieu Of Parking Program”, Section 130-131 “Generally”, By Creating A New Parking Impact Fee Category For Additions To Contributing Buildings In National Register Historic Districts; Providing For Codification; Repealer; Severability; And An Effective Date. First Reading (Sponsored by the Land Use and Development Committee) (Legislative Tracking: Planning) R5V Alcoholic Beverages - Correct Section 6-3 Hours of Sale An Ordinance Amending Chapter 6, "Alcoholic Beverages," Of The Code Of The City Of Miami Beach, Florida, By Amending Section 6-3, "Hours Of Sale," To Correct Scrivener’s Errors Concerning On-Premises And Off-Premises Regulations, To Reflect The Action Of The City Commission In Previous Amendments To Such Chapter, Restoring To The Code The On- Premises Consumption Regulation Between 8:00 a.m. And 5:00 a.m., And Restoring To The Code The Off-Premises Consumption Regulation Allowing The Sale Of Alcoholic Beverages Until Midnight; Providing For Codification; Repealer; Severability; And An Effective Date. First Reading (Sponsored by Land Use & Development Committee) (Legislative Tracking: City Attorney’s Office) R5W An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled “Miscellaneous Offenses,” By Amending Article II Entitled “Public Places,” By Amending Division 2, Entitled “Bicycling, Skateboarding, Roller Skating, In-Line Skating, And Motorized Means Of Transportation,” By Amending The Definition Provisions In Section 70-66; By Amending Section 70-67, Entitled “Prohibited Activities,” By Prohibiting Bicycling On Lincoln Road Mall Between 9:00 A.M. And 2:00 A.M.; By Amending Section 70-68, Entitled “Exemptions,” By Amending And Clarifying The Exemptions In Division 2 And Correcting A Scrivener’s Error Therein; By Amending Section 70-71, Entitled “Penalties,” By Clarifying The Penalties For Violations Of Sections 70-67 And 70-69(A)-(C); By Amending Chapter 106 Of The Code Of The City Of Miami Beach, Entitled “Traffic And Vehicles,” By Amending Article I, Entitled “In General,” By Amending Section 106-3, Entitled “Vehicles And Non-Motorized Vehicles Prohibited On Portion Of Lincoln Road And Exemptions; Non-Motorized Vehicles For Hire Prohibited On Ocean Drive” To Include Bicycle Restrictions On Lincoln Road Mall And To Incorporate Applicable Definitions, Exemptions, And Penalties; Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Transportation) 15 Commission Agenda, May 21, 2014 R5 - Ordinances (Continued) R5X An Ordinance Amending Chapter 10 Of The Miami Beach City Code, Entitled “Animals,” By Amending Section 10-10, Entitled “Animals Prohibited In Public Parks And On Beaches” By Providing An Exception Thereto For Beaches Within Public Park Areas; By Amending Section 10- 11, Entitled “Running At Large Prohibited,” By Amending The Exceptions To The Running At Large Prohibitions To Allow Dogs In: A) The Designated Beach Area In North Shore Open Space Park Between 80th And 82nd Streets From 3:00 P.M. To 7:00 P.M. On Friday, Saturday, And Sunday, And B) An Area Of A Public Park, Or Beach Area Therein, Specifically Designated By The City Manager And During Such Days And Hours As May Be Specifically Designated By The City Manager; Providing For Repealer; Severability; Codification; And An Effective Date. First Reading (Sponsored by Mayor Philip Levine) (Legislative Tracking: Parks & Recreation) R5Y Accessory Structures, FPL Transformers, ADA Walkways and Height Encroachments An Ordinance Amending Chapter 142, “Zoning Districts And Regulations,” By Amending Article IV, “Supplementary District Regulations,” Division 4 “Supplementary Yard Regulations,” By Amending Section 142-1132, “Allowable Encroachments Within Required Yards”, To Modify Setback Requirements And Development Regulations For Accessory Buildings And FPL Transformers In Single Family Districts, And Americans With Disabilities Act (ADA) W alkways; By Amending Chapter 142, “Zoning Districts And Regulations,” By Amending Article IV, “Supplementary District Regulations,” Division 5 “Height Regulations,” By Amending Section 142- 1161, “Height Regulations Exceptions”, To Modify Height Exceptions To Add Bathrooms On Roof Decks Required Under The Building Code; Providing For Codification; Repealer; Severability; And An Effective Date. First Reading (Sponsored By Commissioner Joy Malakoff) (Legislative Tracking: Planning) R5Z Rooftop Additions in Morris Lapidus / Mid-20th Century Historic District An Ordinance Amending Chapter 142, “Zoning Districts And Regulations,” By Amending Article IV, “Supplementary District Regulations,” Division 5 “Height Regulations,” By Amending Section 142-1161, “Height Regulations Exceptions”, By Modifying The Prohibition Of Rooftop Additions Of More Than One Story In The Morris Lapidus/Mid-20th Century Historic District To Allow Additional Stories; By Amending Chapter 142, “Zoning Districts And Regulations,” By Amending Article II, “District Regulations,” Division 3 “Residential Multifamily Districts,” Subdivision V “RM-3 Residential Multifamily, High Intensity,” By Amending Section 142-247, “Setback Requirements”, By Modifying The Setback Requirements For Rooftop Additions In The Morris Lapidus/Mid-20th Century Historic District; Providing For Codification; Repealer; Severability; And An Effective Date. First Reading (Sponsored By Commissioner Deede Weithorn) (Legislative Tracking: Planning) 16 Commission Agenda, May 21, 2014 R7 - Resolutions R7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit A Grant Application To The US Department Of Justice For The Fiscal Year 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, For Funding In The Amount Of $68,128 For The City’s Police Department Priorities; Appropriating The Above Grant, Funding Request, Matching 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 And Funding Request. (Budget & Performance Improvement) R7B A Resolution Setting A Public Hearing To Adopt The Fifth Amendment To The Capital Budget For Fiscal Year (FY) 2013/14. (Budget & Performance Improvement) R7C A Resolution Setting A Public Hearing To Adopt The Third Amendment To The General Fund, Enterprise Fund, Internal Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY) 2013/14. (Budget & Performance Improvement) R7D A Resolution Accepting The Recommendation Of The Land Use And Development Committee To Remove The Boardwalk And Replace With A Paver Pathway, With The Exception Of The Boardwalk Between 24 Street Through 29 Street, To Maintain Design Consistency And Uniformity Of The Beachwalk System. (Environmental/Building) R7E A Resolution Authorizing A Loan In An Aggregate Principal Amount Not To Exceed $60,000,000 Outstanding At Any Time From Wells Fargo Bank, National Association, To Pay Costs Of Capital Projects; Authorizing The Execution And Delivery Of A Loan Agreement And Promissory Notes To Evidence The Obligation Of The City To Repay Such Loan; Providing Security For The Repayment Of The Loan; Authorizing Other Actions In Connection With The Loan And The Financing Program; And Providing For An Effective Date. (Finance Department) R7F A Resolution Establishing A Miami Beach Resident Substitute Teacher Pool For Nautilus Middle School, A Miami-Dade County Public School (M-DCPS), In The City Of Miami Beach, Florida, Which Will Provide Resident Substitute Teachers For Use By Nautilus Middle School For The Primary Purpose Of Supervising Students As Needed As Determined By The School Administration; And Provided Further That Resident Nautilus Middle School Substitute Teachers Will Receive A City Of Miami Beach Citywide Parking Permit. (Organization Development Performance Initiatives) 17 Commission Agenda, May 21, 2014 R7 - Resolutions (Continued) R7G A Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding With Florida International University In Miami-Dade County, To Provide Dual Enrollment Courses For College Credit For Students At Miami Beach Senior High School, A Miami-Dade County Public School In The City Of Miami Beach, Florida. (Organization Development Performance Initiatives) R7H A Resolution Setting A Public Hearing, As Required Pursuant To Section 82-504 Of The City Code, Accepting The Recommendation Of The Neighborhood/Community Affairs Committee At Its March 29, 2014 Meeting To Place A Plaque Honoring Jerry Moss Inside The Flamingo Park Tennis Center With Said Public Hearing To Be Scheduled For The City Commission Meeting Of June 11, 2014. (Parks & Recreation) R7I A Resolution Calling For An August 26, 2014 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether The City Charter Should Be Amended To Delete The Provision Providing For Forfeiture Of Office If A Public Official Or Employee Willfully Violates The Citizens’ Bill Of Rights. (City Attorney’s Office) R7J A Resolution Calling For An August 26, 2014 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether City Charter Section 2.02 Governing In Relevant Part Term Limits Of City’s Elected Officials Should Be Amended To Delete “Consecutive” Term Limits And Establish Instead Mayor’s Three Two-Year Term Limit And Commissioner’s Two Four-Year Term Limit, And Establish That Service By A Commission Member (Including Filling Of Vacancy On Commission) In Excess Of 50% Of A Term Shall Constitute A Full “Term” For Purposes Of Charter’s Term Limit Provisions. (City Attorney’s Office) R7K A Resolution Calling For An August 26, 2014 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether City Charter Section 2.04 Governing City Commission’s Selection Of Vice-Mayor Should Be Amended To Change Dates By Which Vice-Mayor Is Selected And Provide Instead That The City Commission’s Initial Selection Of Vice-Mayor Shall Occur At The First Commission Meeting Occurring After The General Election Or Occurring After The Runoff Election, If Held. (City Attorney’s Office) R7L A Resolution Calling For An August 26, 2014 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether City Charter Section 2.07 Which Establishes Procedures For The Filling Of Vacancies In The City Commission Should Be Amended To Establish Specific Procedures For The Filling Of Vacancy Caused By Resignation And To Provide That Provisions Related To A Special Election Called For Purposes Of Filling A Vacancy In The City Commission Shall Be Established In The City Resolution Calling Said Special Election. (City Attorney’s Office) 18 Commission Agenda, May 21, 2014 R7 - Resolutions (Continued) R7M A Resolution Calling For An August 26, 2014 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether City Charter Section 6.04 Governing “Vacancy In Candidacy” Should Be Amended To Provide That The Ending Date For Supplemental Qualifying Due To Fewer Than Two Candidates Remaining On A City Ballot Due To Death, Withdrawal Or Removal Of A Qualified Candidate After The Qualifying Period Has Ended Be Changed From 26 Days To 45 Days Prior To The Election Date. (City Attorney’s Office) R7N A Resolution Calling For An August 26, 2014 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether The City Of Miami Beach’s Related Special Acts Section 2 Regarding The City’s Board Of Adjustment Should Be Amended To Except From The Board’s Jurisdiction Those Variance Requests Specified As Part Of Applications For Development Approval Within The Jurisdiction Of The Design Review Board Or Historic Preservation Board, And To Change The Number Of Affirmative Votes Required For Board Of Adjustment Action From Five-Sevenths To Four-Sevenths? (City Attorney’s Office) R7O A Resolution Calling For An August 26, 2014 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether City Code Section 2-459 Should Be Amended To Provide Further Limited Exemption To Allow Historic Preservation Board And Design Review Board Members Who Are Architects Or Landscape Architects To Lobby City Personnel And Agencies Except The Board On Which They Serve And Related City Staff, Regarding Applications For Development Approval. (City Attorney’s Office) R7P A Resolution Authorizing The Miami-Dade County Canvassing Board For The August 26, 2014 Countywide Primary Election To Serve As Canvassing Board For The City Of Miami Beach’s August 26, 2014 Special Election. (City Attorney’s Office) R7Q A Resolution Setting A Public Hearing, To Consider Approving And Authorizing The Vacation Of 87th Terrace (Nasturtium Street Per Plat), A 50 Foot Road East Of Collins Avenue, As Shown On The Plat Of Altos Del Mar Subdivision Number 2, Recorded In Plat Book 4, Page 162, Of The Public Records Of Miami-Dade County, Containing Approximately 18,042 Square Feet (Total), In Favor Of 8701 Collins Development, LLC (The Applicant), And Waiving, By 5/7ths Vote, The Competitive Bidding Requirements, Pursuant To Article III, Section 82-36 Through 82-40 Of The Miami Beach City Code, Finding Such Waiver To Be In The Best Interest Of The City. (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) 19 Commission Agenda, May 21, 2014 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. (8:30 a.m.) R9B2 Dr. Stanley Sutnick Citizen’s Forum. (1:00 p.m.) R9C Update On The Miami Beach Convention Center Project. (City Manager’s Office) R9D Discussion Regarding The Creation Of A Six Month Task Force Using The Smile Program That Was Brought Forth By The Community Relations Board To Be Implemented By The Miami Beach Police Department. (Requested By Commissioner Michael Grieco) (Deferred from April 23, 2014) R9E Discussion And Referral To The Planning Board And The Land Use And Development Committee Of An Ordinance To Permit Additional Height For Garages In The RM-2 District, And To Permit Certain Garages Without Commercial Or Residential Units. (Requested by Commissioner Jonah Wolfson) (Continued from April 23, 2014) R9F The Committee Of The Whole W orkshop Regarding The Ad Hoc Charter Review Board’s Charter Amendment Recommendations. 1:30 p.m. Workshop (City Clerk’s Office) R9G Discussion Regarding Hosting The July 4th Celebration In North Beach. (Sponsored By Mayor Philip Levine) (Legislative Tracking: Tourism, Culture & Economic Development) R9H Discussion Regarding The Mount Sinai Bond Issue. (Requested by Commissioner Deede Weithorn) R9I Discussion And Update On The City Of Miami Beach Website, App And Accessibility For Apple And Mobile Devices. (Requested by Vice-Mayor Micky Steinberg) 20 Commission Agenda, May 21, 2014 R9 - New Business and Commission Requests (Continued) R9J Discussion Regarding Committee For Quality Education Motions Made February And March 2014 Regarding Extended Foreign Language (EFL) Program In Miami-Dade Public Schools. (Requested by Commissioner Edward L. Tobin) R9K Discussion Regarding Police And Code Placement Of Dye Tablets Into The Moored Vessels As Part Of The Marine Sanitation Program. (Requested by Commissioner Edward L. Tobin) R10 - City Attorney Reports R10A City Attorney’s Status Report. (City Attorney Office) Reports and Informational Items 1. Reports and Informational Items (see LTC 163-2014) 2. List of Projects Covered by the Cone of Silence Ordinance - LTC. (Procurement) 3. Report From Commission Committees Of Withdrawn Items Not Heard Within (6) Six Months From Their Referral Date. (City Clerk’s Office) End of Regular Agenda 21