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Home My WebLink AboutCC 2003-06-25 Marked AgendaMAYOR MANUEL A. Dlrt G`TY OF �1r CI1iANAGER JOE ARRIOLA CHAIRMAN JOHNNY L. WINTON � CITY ATTORNEY ALEJANDRO VILARELLO VICE-CHAIRMAN ARTHUR E. TEELE JR. E- CITY CLERK PRISCILLA A. THOMPSON COMMISSIONER ANGELGONZALEZ � ieee�� eTee Q COMMISSIONER TOMAS REGALADO y� `q VIEW THIS AGENDA AT: COMMISSIONER JOE SANCHEZ SCO. F104 http://www.ci.miami.fl.us CITY COMMISSION AGENDA I MEETING DATE: JUNE 25 2003 CITY HALL, 3500 PAN AMERICAN DRIVE ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BY A FOUR-FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT. ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. *THIS MEETING SHALL CONVENE AT 9:00 AM* THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL. ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER. Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 250-5360, with requests at least two business days before the meeting date. The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings will adjourn at the conclusion of deliberations on the agenda item being considered at 9:00 PM. (Resolution No. 87-115) PAGE 2 JUNE 25, 2003 9:00 AM PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES CONSENT AGENDA Item 1 which is comprised of items CA -1 through CA -9 may be heard in the numbered sequence or as announced by the Commission MAYOR AND COMMISSIONERS' ITEMS GENERAL LEGISLATIVE ITEMS CONT'D Items 2 through 13 may be heard in the numbered sequence or as announced by the Commission FOR ADOPTED LEGISLATION NOT APPEARING AS PART OF THIS PRINTED AGENDA, KINDLY REFER TO THE CITY CLERK'S REPORT, ATTACHED HERETO. A. A PAGE 3 JUNE 25, 2003 PRESENTATIONS & PROCLAMATIONS NAME OF HONOREE PRESENTER PROTOCOL ITEM 1. Royal Caribbean and Celebrity Commissioner Sanchez Commendation Cruises -Give Day Project The City of Miami Commissioner Sanchez/ Expression of Gratitude Puerto Rican Chamber of Commerce - Luis De Rosa, President (No Appearance) 2. National Blonde Day Mayor Diaz Proclamation MAYORAL VETOES NONE PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, ITEM(S) VETOED BY THE MAYOR SHALL BE PLACED BY THE CITY CLERK AS THE FIRST SUBSTANTIVE ITEM(S) FOR COMMISSION CONSIDERATION. 1. CONSENT AGENDA Unless a member of the City Commission wishes to remove a specific item from this portion of the agenda, Items CA -1 through CA -9 constitute the Consent Agenda. These items are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded individually, adopted unanimously by the following motion: . that the Consent Agenda comprised of items CA -1 through CA -9 be adopted ..." The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda? Hearing none, the vote on the adoption of the Consent Agenda will now be taken." CA -1. RESOLUTION - (J-03-565) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), REVOCABLE AT -WILL, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FAMILY CHRISTIAN ASSOCIATION OF AMERICA, INC., A NOT-FOR-PROFIT ORGANIZATION, FOR USE OF APPROXIMATELY 875 SQUARE FEET OF SPACE WITHIN THE BUILDING OF THE PROPERTY KNOWN AS RANGE PARK, LOCATED AT 525 NORTHWEST 62ND STREET, MIAMI, FLORIDA, TO PROVIDE COMPUTER EDUCATION PROGRAMS, AT A USE FEE OF $590.88 PER MONTH PLUS FLORIDA STATE USE TAX, IF APPLICABLE, AND UNDER THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. PAGE 4 JUNE 25, 2003 R-03-714 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: SANCHEZ,TEELE CA -2 CONSENT AGENDA CONT'D RESOLUTION - (J-03-563) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, FOR THE CITY'S USE OF SUBMERGED LANDS OWNED BY THE STATE OF FLORIDA ADJACENT TO CITY UPLAND PROPERTY AT 250 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, A/K/A LUMMUS PARK, FOR A FIVE-YEAR TERM, AT NO RENTAL FEE FOR AS LONG AS THE SLIPS ARE USED FOR TEMPORARY DOCKAGE. PAGE 5 JUNE 25, 2003 R-03-715 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: SANCHEZ,TEELE CA -3. RESOLUTION - (J-03-556) - (AUTHORIZING THE CITYI DEFERRED MANAGER TO EXECUTE A LEASE AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY TO LEASE APPROXIMATELY 43.6 ACRES AT THE NORTH POINT OF VIRGINIA KEY, ALLOWING MIAMI-DADE COUNTY TO DEPOSIT, STORE, MOVE AND/OR REMOVE CLEAN DREDGED MATERIAL GENERATED BY THE DREDGING OF VARIOUS CHANNELS AND TURNING BASINS, AT NO COST TO THE CITY, FOR AN INITIAL EIGHT-YEAR TERM, WITH THE OPTION TO RENEW FOR FIVE ADDITIONAL ONE-YEAR TERMS, SUBJECT TO THE MUTUAL AGREEMENT OF THE PARTIES. CONSENT AGENDA CONT'D CA -4. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM) AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY"), AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE PURPOSE OF ESTABLISHING MAINTENANCE RESPONSIBILITIES OF THE BRIDGE FACILITIES THAT CONTAIN LANDSCAPE AREAS FOR THE COUNTY, THE CITY, AND FDOT. CA -5. RESOLUTION - (J-03-) - (APPROVING THE ASSIGNMENT OF THE PROFESSIONAL SERVICES AGREEMENT) APPROVING THE ASSIGNMENT OF THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND THE IMAGE NETWORK, INC. D/B/A DOVER, KOHL & PARTNERS WITH A+S ARCHITECTS, FOR MASTER PLANNING SERVICES IN THE MODEL CITY HOMEOWNERSHIP ZONE ENTERED INTO SEPTEMBER 1, 2001; AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. PAGE 6 JUNE 25, 2003 R-03-716 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: SANCHEZ,TEELE R-03-717 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: SANCHEZ,TEELE CONSENT AGENDA CONT'D CA -6. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT OF PROFESSIONAL AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT OF PROFESSIONAL AGREEMENT FROM THE SURVEYING AND MAPPING SERVICES FIRM OF FERNANDO Z. GATELL, P.L.S., INC., TO F.R. ALEMAN AND ASSOCIATES, INC., IN SUBSTANTIALLY THE FORM ATTACHED, TO PROVIDE PROFESSIONAL LAND SURVEYING AND MAPPING SERVICES TO THE CITY AS PROVIDED FOR IN THE PROFESSIONAL SERVICES AGREEMENT. CA -7. RESOLUTION - (J-03-568) - (ACCEPTING A DONATION) ACCEPTING A DONATION, IN THE AMOUNT OF $30,000, FROM THE MICROSOFT CORPORATION ("MICROSOFT") TO ASSIST WITH THE DEPLOYMENT OF CITY -OWNED WINDOWS XP OPERATING SYSTEM AND OFFICE XP/OFFICE 2003 LICENSES ON CITY -OWNED DESKTOP COMPUTERS AT VARIOUS CITY OF MIAMI LOCATIONS, WITH DEPLOYMENT SERVICES PROVIDED BY A MICROSOFT CERTIFIED PARTNER, ADVANCED SYSTEMS DESIGN, INC. ("ASD"), WITH PAYMENTS MADE BY MICROSOFT DIRECTLY TO ASD UP TO A TOTAL DOLLAR VALUE OF $30,000; AUTHORIZING THE CITY MANAGER TO ACCEPT THE DONATION AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. PAGE 7 JUNE 25, 2003 R-03-718 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: SANCHEZ,TEELE R-03-719 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: SANCHEZ,TEELE CA -8 CA -9 CONSENT AGENDA CONT'D RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2) AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE SUBLEASE AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI AND ALL FLORIDA DRIVER IMPROVEMENT SCHOOL - CENTRAL, INC., ("LESSOR") FOR OFFICE SPACE AT 3802 NORTHWEST 11TH STREET, MIAMI, FLORIDA, AS THE FLAGAMI NET SERVICE CENTER AND THE DEPARTMENT OF POLICE MINI SUB -STATION OFFICES, EXTENDING THE AGREEMENT FOR FIVE YEARS, COMMENCING JULY 1, 2003, WITH AN ANNUAL FEE OF $1.00, AND REIMBURSEMENT TO THE LESSOR OF $225 PER MONTH FOR ELECTRIC AND WATER AND SUBJECT TO TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT. RESOLUTION - (J-03-571) - (AUTHORIZING SETTLEMENT) AUTHORIZING THE DIRECTOR OF FINANCE TO PAY DONALD DEBERRY THE SUM OF $75,000, AND RICKY JACKSON THE SUM OF $35,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE OF DONALD DEBERRY AND RICKY JACKSON VS. CITY OF MIAMI AND DETECTIVE ANDRES AROSTEGUI, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 01-2088- CIV-LENARD, UPON EXECUTING RELEASES FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. END OF CONSENT AGENDA PAGE 8 JUNE 25, 2003 R-03-720 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: SANCHEZ,TEELE R-03-721 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: SANCHEZ,TEELE MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ A. FIRST READING ORDINANCE - (J-03-088) AMENDING CHAPTER 2/ARTICLE XI/DIVISIONS 2, 3 AND 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY, INTERNATIONAL TRADE BOARD AND SISTER CITIES COORDINATING COUNCIL" TO ABOLISH THE EXISTING INTERNATIONAL TRADE BOARD AND THE SISTER CITIES COORDINATING COUNCIL, AND SUBSTITUTE IN LIEU THEREOF NEW DIVISION 3, ENTITLED "THE MAYOR'S INTERNATIONAL COUNCIL", TO SET FORTH THE COUNCIL'S PURPOSE, POWERS, AND DUTIES, AND PROVIDE FOR GOVERNING BODY, COMPOSITION AND APPOINTMENTS, TERMS OF OFFICE AND VACANCIES; MEMBERSHIP ELIGIBILITY REQUIREMENTS; OFFICERS; OATH; QUORUM AND VOTING; MEETINGS; ATTENDANCE REQUIREMENTS; INDEMNIFICATION; APPOINTMENT OF AN EXECUTIVE DIRECTOR, TERM, QUALIFICATIONS, COMPENSATION, GENERAL POWERS AND RESPONSIBILITIES; EMPLOYMENT OF ASSISTANTS, COUNSEL; APPROVAL OF BUDGET; ANNUAL REPORT AND AUDIT; ABOLITION OF COUNCIL; AND PROVIDING FOR SUNSET REVIEW; MORE PARTICULARLY BY AMENDING SECTIONS 2-887 AND 2-892; REPEALING DIVISION 3, CONSISTING OF SECTIONS 2-921 THROUGH 2-930 AND DIVISION 16, CONSISTING OF SECTIONS 2-1231 THROUGH 2-1238 IN THEIR ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF NEW DIVISION 3, CONSISTING OF SECTIONS 2-921 THROUGH 2-930 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. B. DISCUSSION CONCERNING AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MIAMI- DADE COUNTY PUBLIC SCHOOL SYSTEM TO ACCEPT $316,965 FOR SUMMER READING PROGRAMS. PAGE 9 JUNE 25, 2003 FIRST READING ORDINANCE MOVED: GONZALEZ SECONDED: SANCHEZ UNANIMOUS R-03-734 MOVED: GONZALEZ SECONDED: TEELE UNANIMOUS PAGE 10 JUNE 25, 2003 PAGE 11 JUNE 25, 2003 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 1 COMMISSIONER ANGEL GONZALEZ PAGE 12 JUNE 25, 2003 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 2 CHAIRMAN JOHNNY L. WINTON MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 3 COMMISSIONER JOE SANCHEZ A. REVEREND MARTIN N. ANORGA TO ADDRESS THE COMMISSION CONCERNING THE USE OF TEATRO ARTIME FOR TWO HOURS ON THE 6T" OF JULY FOR A TRILIGUAL INTERRACIAL ECUMENICAL SERVICE. B. DISCUSSION CONCERNING THE CITY GRANTS DEPARTMENT AND THE IMPORTANCE OF GRANTS FOR THE CITY. C. RESOLUTION - (J-03-576) - (RATIFYING, APPROVING, CONFIRMING AND AUTHORIZING THE SALARY AND BENEFITS) RATIFYING, APPROVING, CONFIRMING AND AUTHORIZING THE SALARY AND BENEFITS TO BE RECEIVED BY INDEPENDENT AUDITOR GENERAL VICTOR I. IGWE. PAGE 13 JUNE 25, 2003 DISCUSSED DISCUSSED R-03-736 MOVED: SANCHEZ SECONDED: TEELE UNANIMOUS MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 4 COMMISSIONER TOMAS REGALADO A. DISCUSSION ABOUT COLLABORATING WITH THE HEALTH FOUNDATION OF SOUTH FLORIDA TO IMPLEMENT A SENIOR IMMUNIZATION PROJECT IN THE CITY OF MIAMI. B. RESOLUTION - (J-03-) - (AUTHORIZING AND PERMITTING THE RESTRICTION OF VEHICULAR AND PEDESTRIAN ACCESS) AUTHORIZING AND PERMITTING THE RESTRICTION OF VEHICULAR AND PEDESTRIAN ACCESS AT THE ALLEY LOCATED AT SOUTHWEST 54TH AVENUE, BETWEEN THE INTERSECTIONS OF SOUTHWEST 5TH STREET AND SOUTHWEST 5TH TERRACE, MIAMI, FLORIDA, DUE TO UNSAFE CONDITIONS, SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN. PAGE 14 JUNE 25, 2003 MOTION -03-732 MOVED: REGALADO SECONDED: SANCHEZ UNANIMOUS R-03-733 MOVED: REGALADO SECONDED: SANCHEZ UNANIMOUS PAGE 15 JUNE 25, 2003 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 5 VICE-CHAIRMAN ARTHUR E. TEELE , JR PUBLIC HEARING ITEMS 2. RESOLUTION - (J-03-564) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE) (4/5THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE PROCUREMENT OF PARATECH RESCUE ACME THREAD STRUTS AND ACCESSORIES, FROM TEAM EQUIPMENT, INC., (NON-MINORITY/NON-LOCAL VENDOR, 6620 ORCHID LAKE ROAD, NEW PORT RICHEY, FLORIDA) THE SOLE SOURCE PROVIDER, FOR THE DEPARTMENT OF FIRE -RESCUE, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $36,014.50; ALLOCATING FUNDS FROM THE DEPARTMENT OF FIRE -RESCUE HOMELAND DEFENSE PREPAREDNESS BOND PROGRAM PROJECT NO. 313305, ACCOUNT CODE NO. 289307.6.840. 2A. RESOLUTION - (J-03-506) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE) (4/5THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE IMPLEMENTATION OF THE "ADOPT -A -WATERWAY" PROGRAM, AN EDUCATIONAL PROGRAM TO IMPROVE CITY OF MIAMI RESIDENTS' AWARENESS OF THE ENVIRONMENT AND TO PROTECT THE WATERFRONT, INCLUDING THE MIAMI RIVER, NAVIGABLE CANALS AND BISCAYNE BAY AT NO COST TO THE CITY, FROM ADOPT -A -WATERWAY LLC, THE SOLE SOURCE PROVIDER; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ADOPT -A -WATERWAY LLC, FOR SAID PURPOSE. PAGE 16 JUNE 25, 2003 R-03-725 MOVED: SECONDED ABSENT: R-03-726 MOVED: SECONDED ABSENT: SANC]HEZ GONZALEZ TEELE GONZALEZ SANC]HEZ TEELE PAGE 17 JUNE 25, 2003 3 PUBLIC HEARING ITEMS CONT'D RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON WATSON ISLAND, LOCATED AT APPROXIMATELY 1111 PARROT JUNGLE TRAIL, MIAMI, FLORIDA, TO BELLSOUTH TELECOMMUNICATIONS, INC. A GEORGIA CORPORATION ("BELLSOUTH"), CONTAINING APPROXIMATELY 7659.80 SQUARE FEET, (A TEN (10) FOOT WIDE STRIP), AS DEPICTED IN EXHIBIT "A" ATTACHED AND INCORPORATED, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, TO CONSTRUCT, OPERATE, MAINTAIN, ADD, AND/OR REMOVE SUCH SYSTEMS OF COMMUNICATION, FACILITIES, STAND BY GENERATORS AND ASSOCIATED FUEL SUPPLY SYSTEMS AS A MEANS OF PROVIDING UNINTERRUPTED SERVICE DURING COMMERCIAL POWER OUTAGES, WITH ALL WIRING, CABLE, OR CONDUITS TO BE PLACED UNDERGROUND. PAGE 18 JUNE 25, 2003 R-03-727 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE 4. ORDINANCE -EMERGENCY EMERGENCY ORDINANCE - (J-03-) (4/5TNS VOTE) (Note: This item is declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and materials and to generally carry on the functions and duties of municipal affairs) AMENDING ORDINANCE NO. 12279, THE ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2003, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. PAGE 19 JUNE 25, 2003 ORDINANCE #12382 (MODIFIED) MOVED: SANCHEZ SECONDED: TEELE UNANIMOUS ORDINANCE —SECOND READING NOTE: Any proposed ordinance listed as an item for second reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. 5. SECOND READING ORDINANCE - (J-03-420) RELATING TO MUNICIPAL ELECTIONS; CHANGING THE TUESDAY, NOVEMBER 11, 2003, CITY OF MIAMI MUNICIPAL RUN-OFF ELECTION TO TUESDAY, NOVEMBER 18, 2003, TO PROVIDE THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS SUFFICIENT TIME TO ACCURATELY PROGRAM VOTING MACHINES, PRINT AND TEST -RUN THE BALLOT, AND PROVIDE SUFFICIENT TIME FOR PROCESSING ABSENTEE BALLOTING; DIRECTING THE CITY CLERK TO TRANSMIT CERTIFIED COPIES OF THIS ORDINANCE TO MIAMI-DADE COUNTY MANAGER STEVE SHIVER AND THE MIAMI-DADE COUNTY ELECTIONS SUPERVISOR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. (This item was deferred from the meeting of June 12, 2003) DATE OF FIRST READING MAY 8, 2003 MOVED VICE CHAIRMAN TEELE SECONDED COMMISSIONER GONZALEZ VOTE UNANIMOUS PAGE 20 JUNE 25, 2003 ORDINANCE #12381 MOVED: GONZALEZ SECONDED: REGALADO ABSENT: TEELE 5A. RESOLUTION - (J-03-184) - (MAKING PROVISIONS FOR HOLDING A NONPARTISAN PRIMARY ELECTION ON NOVEMBER 4, 2003) MAKING PROVISIONS FOR HOLDING A NONPARTISAN PRIMARY ELECTION ON NOVEMBER 4, 2003, FOR THE NOMINATION OF CANDIDATES FOR THE OFFICES OF THREE COMMISSIONERS, AND FOR HOLDING A LATER GENERAL MUNICIPAL ELECTION ON NOVEMBER 18, 2003, UNLESS ALL OF SAID OFFICES HAVE BEEN FILLED IN THE NONPARTISAN PRIMARY ELECTION; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN SAID NONPARTISAN PRIMARY AND GENERAL MUNICIPAL ELECTIONS; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID NONPARTISAN PRIMARY AND GENERAL MUNICIPAL ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH NONPARTISAN PRIMARY AND GENERAL MUNICIPAL ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; AND DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS HEREOF. (This item was deferred from the meeting of June 12, 2003) PAGE 21 JUNE 25, 2003 R-03-722 MOVED: GONZALEZ SECONDED: REGALADO ABSENT: TEELE ORDINANCES — FIRST READING NOTE: Any proposed ordinance listed as an item for first reading in this section may be adopted as an emergency measure upon being so determined by the City Commission_ 6. FIRST READING ORDINANCE - (J-03-) ACCEPTING A GRANT FROM CORAL GABLES HOSPITAL/TENET SOUTH FLORIDA HEALTHSYSTEM AND TENET FOUNDATION, TO ESTABLISH A NEW SPECIAL REVENUE FUND ENTITLED "CORAL GABLES HOSPITAL/TENET FOUNDATION CONTRIBUTION" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $2,000; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 6A. FIRST READING ORDINANCE - (J-03-) AMENDING CHAPTER 29, ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/WATERFRONT ADVISORY BOARD" TO INCREASE THE MEMBERSHIP OF THE WATERFRONT ADVISORY BOARD FROM TEN TO TWELVE MEMBERS, ELIMINATE THE ALTERNATE MEMBER POSITION, AND PROVIDE FOR THE APPOINTMENT OF TWO INDIVIDUALS BY THE MAYOR; MORE PARTICULARLY BY AMENDING SECTION 29-123 OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 22 JUNE 25, 2003 FIRST READING ORDINANCE MOVED: SANCBEZ SECONDED: GONZALEZ ABSENT: TEELE FIRST READING ORDINANCE (MODIFIED) MOVED: SANCBEZ SECONDED: GONZALEZ ABSENT: TEELE RESOLUTIONS DEPARTMENT OF FIRE -RESCUE 7. WITHDRAWN DEPARTMENT OF SOLID WASTE 8. RESOLUTION - (J-03-553) - (RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS) RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 11, 2003; AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 23 JUNE 25, 2003 R-03-723 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: TEELE RESOLUTIONS CONT'D BAYFRONT PARK MANAGEMENT TRUST 9. RESOLUTION - (J-03-572) - (RATIFYING, APPROVING AND CONFIRMING THE EXECUTIVE DIRECTOR OF BAYFRONT PARK MANAGEMENT TRUST'S ("TRUST") FINDING OF AN EMERGENCY) (4/5THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE EXECUTIVE DIRECTOR OF BAYFRONT PARK MANAGEMENT TRUST'S ("TRUST") FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ACCEPTING THE BID OF GANCEDO TECHNOLOGIES, INC. TO REPAIR ADDITIONAL CODE VIOLATIONS NECESSARY TO COMPLETE THE RE-PULL OF MAIN POWER TO THE MILDRED AND CLAUDE PEPPER FOUNTAIN AND PUMP HOUSE AT BAYFRONT PARK, IN AN AMOUNT NOT TO EXCEED $29,710; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENT BUDGET OF THE TRUST. DEPARTMENT OF CAPITAL IMPROVEMENTS 10. RESOLUTION - CONTRACT WITH SCIENCE, INC.) (J-03-) - (INCREASING THE CONSULTING ENGINEERING & INCREASING THE CONTRACT WITH CONSULTING ENGINEERING & SCIENCE, INC., TO COVER COSTS FOR ADDITIONAL SERVICES REQUIRED FOR THE PREPARATION AND SUBMITTAL OF AN ENVIRONMENTAL CORRECTIVE ACTION PLAN AND IMPLEMENTATION OF A SEDIMENT SAMPLING PROGRAM ALONG WAGNER CREEK (WAGNER CREEK RENOVATION PROJECT, PHASE IV), IN THE AMOUNT OF $250,000, INCLUSIVE OF REIMBURSABLE EXPENSES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR REQUIRED SERVICES; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT, ACCOUNT NO. 352216 ENTITLED "CITYWIDE LOCAL DRAINAGE PROJECT FY' 02-06." PAGE 24 JUNE 25, 2003 R-03-724 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: TEELE R-03-737 (MODIFIED) MOVED: TEELE SECONDED: GONZALEZ ABSENT: SANCHEZ PAGE 25 JUNE 25, 2003 BOARDS AND COMMITTEES 11. RESOLUTION INDIVIDUALS) (APPOINTING CERTAIN APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LITTLE HAVANA FESTIVAL COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTFFS- Luis Sabines, Jr. Angel Zayon Ross Jimenez Deferred Maria Ofelia Parajon NOMINATED BY: VICE CHAIRMAN TEELE COMMISSIONER REGALADO CHAIRMAN WINTON COMMISSIONER SANCHEZ COMMISSIONER GONZALEZ PAGE 26 JUNE 25, 2003 R-03-741 MOVED: REGALADO SECONDED: TEELE ABSENT: SANCHEZ BOARDS AND COMMITTEES CONT'D 12. RESOLUTION - (APPOINTING MEMBERS OF THE COMMISSION) APPOINTING MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. (This item was deferred from the meeting of June 12, 2003) BOARD/COMMITTEE/TRUST/AUTHORITY/AGENCY: CHAIRPERSON BAYFRONT PARK MANAGEMENT TRUST DOWNTOWN DEVELOPMENT AUTHORITY INTERNATIONAL TRADE BOARD OMNI COMMUNITY REDEVELOPMENT AGENCY ORANGE BOWL ADVISORY BOARD SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY VICE -CHAIRPERSON OMNI COMMUNITY REDEVELOPMENT AGENCY SOUTHEAST OVERTOWN/PARKWEST COMMUNITY REDEVELOPMENT AGENCY MIAMI SPORTS AND EXHIBITION AUTHORITY MEMBERS COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE DADE COUNTY VISITORS INDUSTRY VOLUNTARY EDUCATIONAL SERVICE TRAINING TRUST Oil I]=111Imr lcil1zte];tdk11*1 1401k94:1:2N1;4MrIke]01INve11111.101 WK90111 01INII aIW NUL\Imr lcil1zte];tdkII*� MNNFA 94:akhIFilkhIEfie]01 LTJ 401kIIC01vl01U11114kto] :il-111N*1l. IkhI=11I:loll Oil I]ztfielkhIk [1] 011 k vaillo I IC 011 _107M N METROPOLITAN PLANNING ORGANIZATION (MPO) IkhIFilkhIINLTJ 4:ZfielkhIk 11.14IC01 1.10149:1 a I101 N UL\=IkhI :j lleyd kh I ;101 k rel01Uj I:7e11011101[KKe] 011.10]:A 11,11 kh PAGE 27 JUNE 25, 2003 R-03-743 MOVED: GONZALEZ SECONDED:REGALADO ABSENT: SANCHEZ PAGE 28 JUNE 25, 2003 tell] N1;.1LVA II]MW4I ]:jLVil4LlkItKs1lLINII PAGE 29 JUNE 25, 2003 BOARDS AND COMMITTEES CONT'D NON-VOTING MEMBER LITTLE HAVANA FESTIVAL COMMITTEE MIAMI-DADE HIV/AIDS PARTNERSHIP CHAIRPERSONWMEMBER? COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE CO -CHAIRPERSON 1161TA kik felTA kiIkviI IeUviIII:L1 kiI- 1•]:i relIIC kiIkviVA.] 94:A :j Wil kilt rel-i:47•]:id ;I PAGE 30 JUNE 25, 2003 DISCUSSION ITEM NOTE: Legislation may result from City Commission consideration of any Commission Discussion item. This portion of the agenda is separately designated as being available for the purpose of providing and securing City Commission information, direction, and guidance in significant pending and concluded matters, including matters not specifically set forth in this section. It is anticipated that no input from anyone other than the City personnel is needed or expected while the City Commission is considering any matter in this portion of the Agenda; accordingly, no member of the public may address the City Commission during this time. 13. PRESENTATION BY ROBERT FLANDERS, MOTION -03-744 CHAIRPERSON OF THE HOMELAND MOVED: REGALADO DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND SECONDED: GONZALEZ OVERSIGHT BOARD. UNANIMOUS MOTION -03-745 MOVED: TEELE SECONDED: GONZALEZ ABSENT: REGALADO PROTOCOL PROGRAM FOR COMMISSION MEETING Thursday, June 25, 2003 Agenda Items 9:00 AM Name of Honoree Royal Caribbean and Celebrity Cruises - Give Day Project The City of Miami National Blonde Day Presenter Commissioner Sanchez Commissioner Sanchez/Puerto Rican Chamber of Commerce - Luis De Rosa, President Mayor Diaz Protocol Item Commendation Expression of Gratitude Proclamation