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HomeMy WebLinkAboutCC 2009-03-12 Marked AgendaCity of Miami Marked Agenda City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami. FL 33133 www.miamigov.com Thursday, March 12, 2009 9:00 AM City Hall Commission Chambers CONTENTS Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA.10 may be heard in the number sequence or as announced by the Commission PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS 10:30 A.M.-Execute Amend. -Aids Prgm 10:30 A.M.-Conveyance-Life Quest Facilities 10:30 A.M.-Conveyance-Madison Housing SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS ES - EXECUTIVE SESSION 2:30 P.M.- Miguel Gutierrez v. City of Miami, Case No. 06-01722 CA 09 c; oflvliamr Page 1 Printed on 3'13/2009 City Commission Marked Agenda March 12, 2009 BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 12th day of March 2009, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sanchez at 9:33 a.m., recessed at 11:25 a.m., reconvened at 1:02 p.m., recessed at 1:08 p.m., reconvened at 2:37 p.m., recessed at 2:39 p.m., reconvened at 3:41 p.m., recessed at 4:53 p.m., reconvened at 5:07 p.m., and adjourned at 5:36 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela E. Burns, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 09-00308 PRESENTATION Special Presentations The Orange Bowl Committee gives special recognition to the Mayor and Commissioners. PRESENTED 1. The Orange Bowl Committee presented the Mayor and the City Commissioners with commemorative helmets from the FedEx BCS National Championship game between the Florida Gators and the Oklahoma Sooners to thank the Mayor and City Commissioners for the support provided to the Committee over the past year. MAYORAL VETOES (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 the commission consideration.) NO MAYORAL VETOES APPROVING THE MINUTES OF THE FOLLOWING MEETING: Regular Commission Meeting of February 12, 2009 MOVED: SECONDED: Marc David Sarnoff Angel Gonzalez Motion to APPROVED PASSED by the following vote. AYES: ABSENT: ORDER OF THE DAY Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones END OF APPROVING MINUTES City ofMiami Page 3 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 CA.1 09-00123 RESOLUTION Department of Public Works CONSENT AGENDA A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED DECEMBER 30, 2008, PURSUANT TO INVITATION FOR BIDS NO. 08-09-015, FROM MEF CONSTRUCTION, INC., IN ACCORDANCE WITH THE LOCAL PREFERENCE OPTION IN SECTION 18-89(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PROJECT ENTITLED "DISTRICT 5-SIDEWALK REPAIR, PROJECT III, B-30377E," FOR A ONE (1) YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $57,985, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, WITH THE OPTION TO RENEW FOR UP TO FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $57,985; ALLOCATING SAID FUNDS, FROM CAPITAL IMPROVEMENT ACCOUNT NO. 341330; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW, SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 09-00123 Legislation.pdf 09-00123 Exhibit 1.pdf 09-00123 Exhibit 2.pdf 09-00123 Exhibit 3.pdf 09-00123 Exhibit 4.pdf 09-00123 Exhibit 5.pdf 09-00123 Exhibit 6.pdf 09-00123 Exhibit 7.pdf 09-00123 Exhibit 8.pdf 09-00123 Exhibit 9.pdf 09-00123 Summary Form.pdf 09-00123 Letter.pdf 09-00123 Pay Items.pdf R-09-0093 This Matter was ADOPTED on the Consent Agenda. CA.2 09-00124 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED DECEMBER 30, 2008, PURSUANT TO INVITATION FOR BIDS NO. 08-09-016, FROM MEF CONSTRUCTION, INC., IN ACCORDANCE WITH THE LOCAL PREFERENCE OPTION IN SECTION 18-89(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PROJECT ENTITLED "DISTRICT 5-SIDEWALK REPAIR, PROJECT IV, B-30377E," FOR A ONE (1) YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $57,990, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE City ofMiami Page 4 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, WITH THE OPTION TO RENEW FOR UP TO FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $57,990; ALLOCATING SAID FUNDS, FROM CAPITAL IMPROVEMENT ACCOUNT NO. 341330; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW, SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 09-00124 Legislation.pdf 09-00124 Exhibit 1.pdf 09-00124 Exhibit 2.pdf 09-00124 Exhibit 3.pdf 09-00124 Exhibit 4.pdf 09-00124 Exhibit 5.pdf 09-00124 Exhibit 6.pdf 09-00124 Exhibit 7.pdf 09-00124 Exhibit 8.pdf 09-00124 Exhibit 9.pdf 09-00124 Exhibit 10.pdf 09-00124 Summary Form.pdf 09-00124 Letter.pdf 09-00124 Pay Items.pdf R-09-0094 This Matter was ADOPTED on the Consent Agenda. CA.3 09-00153 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED AUGUST 11, 2008, PURSUANT TO INVITATION FOR BID NO. 83128, FROM UNDERWRITERS LABORATORIES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF TESTING FIRE APPARATUS AERIAL DEVICES AND GROUND LADDER, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00153 Legislation.pdf 09-00153 Summary Form.pdf 09-00153 Award Recommendation.pdf 09-00153 Tabulation of Bids.pdf 09-00153 I FB. pdf R-09-0095 This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 5 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 CA.4 09-00176 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONSENT AND ACCEPT AN ASSIGNMENT OF THE MEDICAL SUPPLIES CONTRACT BID NO. 34019(12) PURSUANT TO SECTIONS 1.6 AND 1.79 OF SAID BID CONTRACT, FROM TRI-ANIM HEALTH SERVICES INC, TO BOUND TREE MEDICAL UNDER THE SAME PRICE, TERMS, AND CONDITIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSIGNMENT AND ASSUMPTION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-00176 Legislation.pdf 09-00176 Exhibit.pdf 09-00176 Summary Form.pdf 09-00176 Letter.pdf 09-00176 Bid 1.pdf 09-00176 Bid 2.pdf 09-00176 I FB. pdf R-09-0096 This Matter was ADOPTED on the Consent Agenda. CA.5 09-00179 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Information ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Technology AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DADE COMMUNITY FOUNDATION, INC. (THE "FOUNDATION"), A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE PURPOSE OF ALLOWING THE FOUNDATION TO ADMINSITER: (1) THE CREATION OF A FISCAL SPONSORSHIP FUND ("THE ELEVATE MIAMI FUND"); AND (2) THE INCORPORATION OF THE ELEVATE MIAMI PROGRAM IN ORDER TO ATTAIN TAX-EXEMPT STATUS UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE, WHICH SHALL BE NAMED "ELEVATE MIAMI INC.," FOR A PERIOD NOT TO EXCEED FIVE YEARS; ALLOCATING FUNDS FROM THE "ALLIANCE FOR DIGITAL EQUALITY" GRANT AND APPROPRIATING SAID FUNDS TO THE FOUNDATION, FOR THE PURPOSES OF ESTABLISHING THE ELEVATE MIAMI FUND. 09-00179 Legislation.pdf 09-00179 Exhibit 1.pdf 09-00179 Exhibit 2.pdf 09-00179 Summary Form.pdf R-09-0097 This Matter was ADOPTED on the Consent Agenda. CA.6 09-00197 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CLASSIFYING ONE General Services (1) 1999 FORD F-250 TRUCK UNIT NUMBER 99102, VEHICLE Administration IDENTIFICATION NUMBER 1 FTRF27W7XNB47313, AS CATEGORY "A" SURPLUS STOCK, AND DONATING SAID TRUCK TO THE HAITIAN City ofMiami Page 6 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 AMERICAN CITIZENSHIP AND VOTER EDUCATION CENTER INC., A 501(C)(3) NON-PROFIT ORGANIZATION, UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. 09-00197 Legislation.pdf 09-00197 Summary Form.pdf R-09-0098 This Matter was ADOPTED on the Consent Agenda. CA.7 09-00202 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner WAIVER OF FEES, IN THE AMOUNT OF $200, FOR THE USE OF Tomas Regalado ROBERT KING PARK ON SATURDAY, MARCH 28, 2009, FOR THE MUNICIPIOS DE SAN LUIS EVENT; FURTHER AUTHORIZING THE USE OF THE CITY OF MIAMI'S SNOWMOBILE FOR SAID EVENT. 09-00202 Legislation.pdf R-09-0099 This Matter was ADOPTED on the Consent Agenda. CA.8 09-00211 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO Tomas Regalado CO-SPONSOR THE PATRONADO DEL TEATRO LAS MASCARAS' PRODUCTION OF "ALEGRE SU CORAZON," AT THE MANUEL ARTIME THEATER ON SUNDAY, MARCH 22, 2009; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS BUDGET, ACCOUNT NO. 00001.980000.882000.0000.0000. 09-00211 Legislation.pdf R-09-0100 This Matter was ADOPTED on the Consent Agenda. CA.9 09-00271 RESOLUTION District 3- Chair A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Joe Sanchez ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $15,000, TO THE MIAMI BOYS BASEBALL ACADEMY, TO CONTINUE WITH THE JOSE MARTI PARK BASEBALL PROGRAM; ALLOCATING FUNDS FROM THE DISTRICT 3 ROLLOVER ACCOUNT NO. 15500.111000.882000.0000.00000. 09-00271 Legislation.pdf R-09-0102 MOVED: SECONDED: Joe Sanchez Tomas Regalado City ofMiami Page 7 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 CA.10 09-00274 Honorable Mayor Manny Diaz Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones Direction by Chair Sanchez to the City Manager to identify additional available funding for the Miami Boys Baseball Academy to assist in the subsidization of the program. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO DEVELOP GUIDELINES ESTABLISHING A "COMPLETE STREETS PROGRAM," TO INCLUDE BICYCLING AS AN INTEGRATED PART OF THE CITY OF MIAMI'S ("CITY'S") TRANSPORTATION, CLIMATE AND ENERGY POLICY INITIATIVES, WITH SAID GUIDELINES TO BE DEVELOPED BY CITY STAFF WITHIN SIXTY (60 DAYS); FURTHER URGING FEDERAL, STATE AND LOCAL ADOPTION OF THE "COMPLETE STREETS" GUIDELINES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE PRESIDENT OF THE UNITED STATES, THE UNITED STATES SENATE MAJORITY LEADER, THE SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES, THE SECRETARIES OF THE UNITED STATES AND FLORIDA DEPARTMENTS OF TRANSPORTATION, THE MAYOR AND COUNTY MANAGER OF MIAMI-DADE COUNTY, AND THE DIRECTOR OF THE METROPOLITAN PLANNING ORGANIZATION. 09-00274 Legislation.pdf R-09-0101 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: SECONDED: AYES: ABSENT: Angel Gonzalez Marc David Sarnoff Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones END OF CONSENT AGENDA City ofMiami Page 8 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 PA.1 PERSONAL APPEARANCE 09-00127 DISCUSSION ITEM Office of PRESENTATION BY THE FDOT AND THE CONSULTANT Transportation CONDUCTING THE SOUTH FLORIDA EAST COAST CORRIDOR COMMUTER TRANSIT STUDY. 09-00127 Summary Form.pdf 09-00127-Email. pdf Submittal-PowerPoint Presentation-SFECC Transit Study - Presentation to City Commission (2C DISCUSSED END OF PERSONAL APPEARANCE City ofMiami Page 9 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 PH.1 09-00147 RESOLUTION Department of Public Facilities PUBLIC HEARINGS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, TO FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE STRIP OF CITY -OWNED PROPERTY LOCATED AT 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, (ALSO KNOWN AS MELREESE CLUB HOUSE), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. 09-00147 Legislation.pdf 09-00147 Exhibit 1.pdf 09-00147 Exhibit 2.pdf 09-00147 Summary Form.pdf 09-00147 Memo.pdf 09-00147 Notice of Public Hearing.pdf DEFERRED Note for the Record: Item PH.1 was deferred to the City Commission meeting currently scheduled for March 26, 2009. PH.2 09-00181 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT ("AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND RICKENBACKER MARINA, INC., A FLORIDA CORPORATION ("RICKENBACKER"), TO PROVIDE FOR AN EXTENSION OF THE TERM; A RENT INCREASE; FOR COMPLETION OF CAPITAL IMPROVEMENTS TO BE MADE BY RICKENBACKER, AT ITS SOLE COST; AND WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AMENDMENT. 09-00181 Legislation.pdf 09-00181 Exhibit 1.pdf 09-00181 Exhibit 2.pdf 09-00181 Exhibit 3.pdf 09-00181 Summary Form.pdf 09-00181 Memo.pdf 09-00181 Notice of Public Hearing.pdf 09-00181 Master Report.pdf City ofMiami Page 10 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Angel Gonzalez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PH.2 was deferred to the City Commission meeting currently scheduled for April 23, 2009. PH.3 09-00190 RESOLUTION Department of Capital Improvements Program A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, PURSUANT TO SECTIONS 18-87 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND UNDER FLORIDA STATUTES SECTION 287.055; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES; AUTHORIZING THE CITY MANAGER TO APPROVE PAYMENT, IN AN AMOUNT NOT TO EXCEED $43,147.02, TO R.J. HEISENBOTTLE ARCHITECTS, P.A., FOR ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES PERFORMED FOR THE PROJECT ENTITLED "BLACK POLICE PRECINCT STATION AND COURTHOUSE MUSEUM RESTORATION, PROJECT B-30299," ("THE PROJECT"), ORIGINALLY SELECTED FOR THE PROJECT PURSUANT TO RESOLUTION NO. 04-0024, ADOPTED JANUARY 8, 2004, UNDER A MISCELLANEOUS ARCHITECTURAL AGREEMENT, EXECUTED PURSUANT TO RESOLUTION NO. 02-144, ADOPTED FEBRUARY 14, 2002; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-30299, ENTITLED "BLACK POLICE PRECINCT STATION AND COURTHOUSE MUSEUM RESTORATION." 09-00190 Legislation.pdf 09-00190 Exhibit.pdf 09-00190 Summary Form.pdf 09-00190 Memo.pdf 09-00190 Notice of Public Hearing.pdf 09-00190 Service Agreement.pdf 09-00190 Text File Report.pdf 09-00190 Pre Resolution.pdf 09-00190 Attachment A.pdf R-09-0110 MOVED: SECONDED: UNANIMOUS Angel Gonzalez Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 11 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 10:30 A.M. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones A sign language interpreter translated discussion of items PH.4 - PH.6. PH.4 09-00182 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Development AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT, FOR THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM, SPECIFICALLY THE REIMBURSEMENT PROCEDURES INCLUDING EXHIBIT B-WORK PROGRAM AND EXHIBIT C-COMPENSATION AND BUDGET SUMMARY. 09-00182 Legislation.pdf 09-00182 Exhibit 1.pdf 09-00182 Exhibit 2.pdf 09-00182 Exhibit 3.pdf 09-00182 Exhibit 4.pdf 09-00182 Summary Form.pdf 09-00182 Pre Legislation.pdf 09-00182 Public Notice.pdf R-09-0104 MOVED: SECONDED: Angel Gonzalez Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Commissioner Sarnoff PH.5 09-00183 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CONVEYANCE TO MIAMI BEACH Development COMMUNITY DEVELOPMENT CORPORATION, WITH PARCEL REVERTER PROVISIONS, OF THE CITY OF MIAMI OWNED PARCELS OF LAND LOCATED AT 1301 NORTHEAST 111TH STREET, 11115 NORTHEAST 13TH AVENUE, 1075 NORTHEAST 149TH STREET, 1095-97 NORTHEAST 149TH STREET, 13950-52 NORTHEAST 11TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, KNOWN AS THE LIFE QUEST FACILITY PROPERTIES, FOR THE REHABILITATION AND UTILIZATION OF UNITS FOR THE PURPOSE OF PROVIDING A SUPPORTIVE HOUSING PROGRAM AS PART OF THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM; ALLOCATING FUNDS, IN THE AMOUNT OF $500,000, FROM THE FISCAL YEAR 2008-2009 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FUNDS, TO ASSIST IN PART WITH THE REHABILITATION OF THE LIFE QUEST FACILITY PROPERTIES, SUBJECT TO THE TERMS IN EXHIBIT "B", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER City ofMiami Page 12 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 09-00183 Legislation.pdf 09-00183 Exhibit.pdf 09-00183 Summary Form.pdf 09-00183 Public Notice.pdf 09-00183 Exhibit A.pdf 09-00183 Exhibit B.pdf 09-00183 Pre Legislation.pdf 09-00183 Special Warranty Deed.pdf 09-00183 Map 1.pdf 09-00183 Map 2.pdf 09-00183 Map 3.pdf 09-00183 Map 4.pdf 09-00183 Map 5.pdf 09-00183 Exhibit A.pdf 09-00183 Exhibit B.pdf R-09-0105 MOVED: SECONDED: UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Angel Gonzalez Marc David Sarnoff Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Commissioner Sarnoff to the City Attorney to provide a full analysis report on MOVERS (Minorities Overing the Virus through Education, Responsibility and Spirituality) within 60 days, to include a listing of the principals and the actions available to the City Commission, inclusive of piercing the corporate veil. PH.6 09-00184 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), ALLOWING THE CONVEYANCE OF TRACTS A AND C, Development AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FROM MADISON HOUSING II, LTD. TO MADISON HOUSING, LTD., A FLORIDA LIMITED PARTNERSHIP ("MADISON"), FOR THE DEVELOPMENT OF AN AFFORDABLE RENTAL HOUSING PROJECT FOR LOW INCOME HOUSEHOLDS (THE "PROJECT"), SUBJECT TO: (1) ALL RESTRICTIONS AND CONDITIONS STATED IN THE DEED OF CONVEYANCE FROM THE CITY OF MIAMI ("CITY") TO MADISON HOUSING II, LTD., DATED AS OF AUGUST 20, 2008, AND (2) MADISON'S ASSUMPTION OF ALL OBLIGATIONS OF MADISON HOUSING II, LTD. UNDER THE PROPERTY CONVEYANCE DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, THE ASSUMPTION AGREEMENT BY AND BETWEEN MADISON HOUSING II, LTD. AND THE CITY, AND THE NOTE AND MORTGAGE MODIFICATION AGREEMENT BY AND BETWEEN MADISON, MADISON HOUSING II, LTD. AND THE CITY, BOTH DATED AS OF AUGUST 20, 2008 (THE "CONVEYANCE DOCUMENTS"); IN THE EVENT THAT THE DEVELOPER DETERMINES THAT TRACT A IS NOT NEEDED FOR THE DEVELOPMENT OF THE PROJECT, AUTHORIZING THE City ofMiami Page 13 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 CONVEYANCE OF TRACT A FROM MADISON HOUSING II, LTD. TO THE CITY, CONCURRENT WITH THE CONVEYANCE OF TRACT C TO MADISON AND SUBJECT TO PARAGRAPH 4 OF THE AUGUST 20, 2008 CORRESPONDENCE FROM THE CITY MANAGER, ATTACHED AS EXHIBIT "1" AND INCORPORATED; AUTHORIZING (A) THE EXTENSION OF THE PROJECT CONSTRUCTION COMMENCEMENT DEADLINE FROM AUGUST 20, 2009 TO DECEMBER 31, 2009 AND EXTENSION OF THE PROJECT CONSTRUCTION COMPLETION DEADLINE TO TWENTY-FOUR (24) MONTHS FROM THE EFFECTIVE DATE OF LOAN DOCUMENTS AND/ OR LOAN MODIFICATION DOCUMENTS TO BE EXECUTED BETWEEN THE DEVELOPER AND THE CITY, AND (B) THE MODIFICATION OF THE PROJECT FROM 115 AFFORDABLE RENTAL UNITS TO 120 AFFORDABLE RENTAL UNITS; GRANTING THE DEVELOPER AN OPTION TO TERMINATE THE CONVEYANCE DOCUMENTS AND RE -CONVEY TRACTS A, B, C AND D TO THE CITY ON OR BEFORE JUNE 30, 2009, SUBJECT TO THE CONDITIONS TO THE RE -CONVEYANCE OF THE PROPERTY AND THE TERMINATION OF THE CONVEYANCE DOCUMENTS STATED IN PARAGRAPHS 3 AND 4 OF EXHIBIT "1", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE; REQUIRING THAT DOCUMENTATION EFFECTUATING MATTERS ALLOWED AND AUTHORIZED BY THIS RESOLUTION BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 09-00184 Legislation. pdf 09-00184 Exhibit.pdf 09-00184 Summary Form.pdf 09-00184 Public Notice.pdf 09-00184 Letter. pdf 09-00184 Pre Legislation.pdf 09-00184 Exhibits.pdf 09-00184 Pre Agreement.pdf 09-00184 Pre Agreement 2.pdf 09-00184 Pre Legislation 2.pdf 09-00184 Pre Exhibits.pdf 09-00184 Pre Agreement 3.pdf 09-00184 Text File Report.pdf 09-00184 Legal Description.pdf 09-00184 Letters. pdf 09-00184 Corporation Papers.pdf 09-00184 Miami Dade Maps.pdf 09-00184 Quit Claim Deed.pdf 09-00184 Quit Claim Deed 2.pdf 09-00184 Pre Agreement 4.pdf 09-00184 Pre Agreement 5.pdf 09-00184 Termination of Covenant. pdf 09-00184 Note Agreement.pdf 09-00184 Exhibits 2.pdf 09-00184 I nsurance. pdf 09-00184Letter. pdf 09-00184 Assumption Agreement. pdf 09-00184 Declaration of Covenants. pdf 09-00184 Assumption Agreement 2.pdf City ofMiami Page 14 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 R-09-0106 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Commissioner Sanchez END OF PUBLIC HEARINGS City ofMiami Page 15 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 ORDINANCES - SECOND READING SR.1 09-00085 ORDINANCE Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING Commissioner CHAPTER 2, ARTICLE XI, DIVISION 17, OF THE CODE OF THE CITY OF Marc David MIAMI, FLORIDA, AS AMENDED (THE "CODE"), BY REPEALING DIVISION Sarnoff 17 ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE," AND SUBSTITUTING IN LIEU THEREOF A NEW DIVISION 17 ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT BOARD," CONTAINING SECTIONS ESTABLISHING THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT BOARD ("BID BOARD"), SETTING FORTH SAID BOARD'S PURPOSES, FUNCTIONS, POWERS, RESPONSIBILITIES AND DUTIES; PROVIDING FOR MEMBERSHIP, QUALIFICATIONS, NOMINATIONS AND APPOINTMENTS OF MEMBERS, TERMS OF OFFICE, FILLING OF VACANCIES, MEETINGS, QUORUM, ATTENDANCE REQUIREMENTS, REMOVAL AND ASSIGNMENT OF STAFF AND LIAISON(S), AN ANNUAL REPORT, THE SOURCE OF FUNDS, FOR BID BOARD AND BID COMMITTEE MEMBER PARTICIPATION IN BID PROGRAMS, INAPPLICABILITY OF SUNSET PROVISIONS, THE TRANSFER OF ASSETS FROM THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE TO THE BID BOARD AND COUNSEL; AMENDING CHAPTER 35, ARTICLE V, OF THE CODE, ENTITLED "COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS" TO SUBSTITUTE THE BID BOARD IN PLACE OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE AND CLARIFY THE AMOUNTS THE COCONUT GROVE BUSINESS IMPROVEMENT TRUST FUND IS TO RECEIVE FROM PARKING SURCHARGE FEES; AMENDING CHAPTER 54, ARTICLE IX, SECTION 54-341 AND 54-343-54-344, OF THE CODE, ENTITLED "COCONUT GROVE SPECIAL EVENTS DISTRICT" TO SUBSTITUTE THE BID BOARD IN PLACE OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE AND TO ADD THE BID BOARD AS AN ADDITIONAL INDEMNIFIED PARTY; MORE PARTICULARLY BY AMENDING SECTIONS 2-892, 2-1250-2-1264, 35-221-35-222, 35-224, 54-341 AND 54-343-54-344 OF THE CODE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00085 Legislation.pdf 09-00085 Memo.pdf 13059 MOVED: SECONDED: Joe Sanchez Marc David Sarnoff Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez City ofMiami Page 16 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 SR.2 08-01394a ORDINANCE Second Reading District 3- Chair Joe Sanchez AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 55-14 ENTITLED "ENCROACHMENTS ON OR IN RIGHTS -OF -WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS," TO UPDATE THE REFERENCE TO THE FLORIDA BUILDING CODE; TO PERMIT AN ENCROACHMENT OF A PEDESTRIAN OR VEHICULAR OVERPASS/UNDERPASS, SUBJECT TO CITY COMMISSION APPROVAL BY RESOLUTION, BELOW THE RIGHT-OF-WAY, PUBLIC EASEMENT OR EMERGENCY ACCESS EASEMENT AREA; TO REQUIRE THE OWNER TO PAY A USER FEE RELATED TO THE GRANTING OF PERMISSION BY THE CITY COMMISSION FOR THE ENCROACHMENT OF A PEDESTRIAN OR VEHICULAR OVERPASS ABOVE OR UNDERPASS BELOW SAID RIGHT-OF-WAY, PUBLIC EASEMENT OR EMERGENCY ACCESS EASEMENT AREA; TO REQUIRE A COVENANT TO RUN WITH THE LAND AS A CONDITION FOR GRANTING PERMISSION FOR SAID ENCROACHMENT; TO PROVIDE THAT DELINQUENT COSTS OF RESTORATION AND SIMILAR COSTS SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN ON THE OWNERS ABUTTING PRIVATE PROPERTY; PROVIDING A GOVERNMENTAL EXEMPTION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-01394a Legislation.pdf 08-01394a Summary Form.pdf 08-01394a Letter .pdf 08-01394a Attachment .pdf 13060 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez END OF ORDINANCES - SECOND READING City ofMiami Page 17 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 ORDINANCE - FIRST READING FR.1 09-00074 ORDINANCE First Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office CHAPTER 2 /ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CONFLICTS OF INTEREST," MORE PARTICULARLY BY AMENDING SECTION 2-612 TO PROVIDE LIMITED EXCLUSIONS FROM THE PROHIBITION OF TRANSACTING BUSINESS WITH THE CITY OF MIAMI ("CITY") BY EMPLOYEES OF THE CITY AND BOARD MEMBERS OF THE CITY; CONTAINING A SEVERABILITY PROVISION AND PROVIDING FOR AN EFFECTIVE DATE. 09-0074-Legislation-S U B. pdf 09-00074 Summary Form.pdf MOVED: SECONDED: UNANIMOUS Angel Gonzalez Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF FIRST READING ORDINANCE City ofMiami Page 18 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 RESOLUTIONS RE.1 09-00189 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE Improvements PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH ASTORINO, Program INC., FOR THE PROVISION OF MISCELLANEOUS ARCHITECTURAL SERVICES FOR MISCELLANEOUS PROJECTS, AND TO INCREASE CAPACITY IN ANTICIPATION OF THE UPCOMING ECONOMIC STIMULUS PACKAGE, IN AN AMOUNT NOT TO EXCEED $500,000, THEREBY INCREASING THE PSA FROM $1,000,000, TO A TOTAL AMOUNT NOT TO EXCEED $1,500,000; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $500,000, AS NEEDED FROM VARIOUS CAPITAL PROJECT ACCOUNTS; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE 09-00189 Legislation.pdf 09-00189 Exhibit .pdf 09-00189 Summary Form.pdf 09-00189 Amendment No 1.pdf 09-00189 Memo.pdf 09-00189 Professional Service Agreement. pdf 09-00189 Certificate of Authority.pdf 09-00189 Attachment A.pdf 09-00189 Attachment B.pdf 09-00189 Certificate of Liability Insurance. pdf 09-00189 Letter.pdf 09-00189 Text File.pdf 09-00189 Master Report.pdf R-09-0111 MOVED: Tomas Regalado SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez RE.2 09-00192 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE Improvements PROFESSIONAL SERVICES AGREEMENT WITH WOLFBERG ALVAREZ Program & PARTNERS, INC., FOR MISCELLANEOUS ARCHITECTURAL SERVICES, IN THE AMOUNT NOT TO EXCEED $250,000, THEREBY INCREASING THE AGREEMENT FROM $1,000,000, TO A TOTAL NOT TO EXCEED AMOUNT OF $1,250,000; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING FUNDS FOR WORK ASSIGNMENTS AS NEEDED FROM VARIOUS CAPITAL City ofMiami Page 19 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 PROJECT ACCOUNTS. 09-00192 Legislation.pdf 09-00192 Exhibit.pdf 09-00192 Summary Form.pdf 09-00192 Text File Report.pdf 09-00192 Amendment No. 1.pdf 09-00192 Tables of Contents.pdf 09-00192 Corporate Resolution.pdf 09-00192 Services Agreement.pdf 09-00192 Compensation & Payments.pdf R-09-0112 MOVED: SECONDED: Tomas Regalado Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez Direction by Chair Sanchez to the City Manager to schedule a workshop with the Administration to provide information on the funding availability and restrictions on the funds being provided from Washington to give the Commissioners a clear understanding of the economic stimulus plan and how the money can be used for the benefit of the City. RE.3 09-00193 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), APPROVING AN AMENDMENT TO THE ORIGINAL Recreation SCOPE OF WORK FOR THE VIRGINIA KEY BEACH PARK PROJECT ("PROJECT"), PURSUANT TO THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND ORDINANCE NO. 96-115, ADOPTED JULY 16, 1996, CONSISTING OF THE PURCHASE AND INSTALLATION OF A CAROUSEL RIDE AT THE PROJECT; FURTHER DIRECTING THE CITY MANAGER TO OPERATE AND MAINTAIN SAID PROJECT UPON ITS COMPLETION. 09-00193 Legislation.pdf 09-00193 Exhibit.pdf 09-00193 Summary Form.pdf 09-00193 Pre Ordinance.pdf 09-00193 Agreement.pdf 09-00193 Expenditures.pdf R-09-0117 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff and Sanchez Commissioner Regalado and Spence -Jones City ofMiami Page 20 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 RE.4 09-00171 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY CARA JENNINGS, ERIN ADAMS, CATHY DE LA AGUILERA, DAVID ANDERSON, TRISTIN ANDERSON, KELLY BENJAMIN, NOAM BROWN, JULIA DANIEL, ROBERT "BO" DAVIS, MATTHEW DAVIS, JAVIER DEL SOL, CODY DORNBUSCH, ABIGAIL FLETCHER, CODY GALLIGAN, POOJA GEHI, JEREMIAH GILDEA, JONATHAN GOLDBERG, AMANDA JENNINGS, DAVID BENJAMIN ("BEN") MADDOX, MELODY MALFA, CHARLES ARNOLD MALLOY IV, DAWN MATLAK, SARAH MCDANIEL, NATHANIEL MILLER, CHRISTIAN J. MINAYA, STELIA NAPPI, NATALIE POLORATZKY, DANIEL ROBLETO, VERONICA ROBLETO, JOSUA SAMTER, PETER SHULTZ, DEBORAH SMITH, SUSAN STEVENS, AND PETER (" PANAGIOTI") TSOLKAS, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $51,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED CARA JENNINGS, ET AL. VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 07-23008-CIV-MARTINEZ, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI AND ALL INDIVIDUAL CITY DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.515000.0000.00000. 09-00171 Legislation.pdf 09-00171 Budget Memo.pdf 09-00171 Cover Memo.pdf R-09-0113 MOVED: Marc David Sarnoff SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones RE.5 09-00150 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Employee Relations ATTACHMENT(S), RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI ("CITY") AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1907, ATTACHED AND INCORPORATED AS EXHIBIT "A," PROVIDING SOME EMPLOYEES WITH EITHER A CITY -ISSUED CELLULAR TELEPHONE OR A CELLULAR TELEPHONE ALLOWANCE WHEN FUNDS ARE AVAILABLE AND AT THE DISCRETION OF THE RESPECTIVE DEPARTMENT DIRECTOR, AND PROVIDING THE CITY WITH THE AUTHORITY TO TERMINATE THE USE OF CITY -ISSUED CELLULAR TELEPHONES OR CELLULAR TELEPHONE ALLOWANCES AT ANY TIME AFTER ISSUANCE. City ofMiami Page 2] Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 09-00150 Legislation.pdf 09-00150 Exhibit.pdf 09-00150 Summary Form.pdf 09-00150 Memo.pdf R-09-0114 MOVED: Marc David Sarnoff SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones RE.6 09-00187 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND RICKENBACKER MARINA, INC. A FLORIDA FOR PROFIT CORPORATION (THE "LICENSEE"), FOR THE USE OF APPROXIMATELY 20,594 SQUARE FEET, OR 0.473 ACRES, OF CITY -OWNED PROPERTY LOCATED AT 3301 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING ADDITIONAL PARKING FOR THE LICENSEE'S OPERATION, COMMENCING FROM THE EFFECTIVE DATE, WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY OF $500, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, AND PROVIDING FOR THE CANCELLATION OF THE EXISTING REVOCABLE PERMIT SIMULTANEOUSLY WITH ENTERING INTO THE AGREEMENT, WITH ALL AMOUNTS PAID TO THE CITY TO BE RESERVED IN A SPECIAL ACCOUNT BY THE FINANCE DEPARTMENT FOR CAPITAL IMPROVEMENTS, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 09-00187 Legislation.pdf 09-00187 Exhibit.pdf 09-00187 Summary Form.pdf MOVED: Marc David Sarnoff SECONDED: UNANIMOUS Angel Gonzalez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Items RE.6 and RE.7 were deferred to the City Commission meeting currently scheduled for April 23, 2009. RE.7 09-00188 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A City ofMiami Page 22 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND RICKENBACKER MARINA, INC. A FLORIDA FOR PROFIT CORPORATION (THE "LICENSEE"), FOR THE USE OF APPROXIMATELY 1,440 SQUARE FEET, OR 0.033 ACRES, OF CITY -OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING A BOAT LAUNCHING RAMP FOR LICENSEE'S OPERATION, COMMENCING FROM THE EFFECTIVE DATE, WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY OF $4,500, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, WITH ALL AMOUNTS PAID TO THE CITY TO BE RESERVED IN A SPECIAL ACCOUNT BY THE FINANCE DEPARTMENT FOR CAPITAL IMPROVEMENTS, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 09-00188 Legislation.pdf 09-00188 Exhibit.pdf 09-00188 Summary Form.pdf MOVED: Marc David Sarnoff SECONDED: UNANIMOUS Angel Gonzalez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Items RE.6 and RE.7 were deferred to the City Commission meeting currently scheduled for April 23, 2009. RE.8 09-00200 RESOLUTION Department of A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, CITY COMMISSION, Finance WITH ATTACHMENT(S), AUTHORIZING THE ISSUANCE OF NOT TO EXCEED FIFTY-ONE MILLION, FIFTY-FIVE THOUSAND DOLLARS ($51,055,000) IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI, FLORIDA LIMITED AD VALOREM TAX BONDS, SERIES 2009 (HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS) ("SERIES 2009 BONDS"), TO PAY FOR THE COSTS OF ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS WITHIN THE CITY AND TO PAY THE COSTS OF ISSUANCE OF THE SERIES 2009 BONDS; PROVIDING THAT SUCH SERIES 2009 BONDS SHALL NOT CONSTITUTE GENERAL OBLIGATIONS OF THE CITY BUT SHALL BE SPECIAL LIMITED OBLIGATIONS PAYABLE FROM A LIMITED AD VALOREM TAX TO BE LEVIED ANNUALLY ON ALL TAXABLE PROPERTY IN THE CITY, WHICH LIMITED AD VALOREM TAX SHALL BE PLEDGED FOR THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON SUCH SERIES 2009 BONDS; PROVIDING A SECONDARY SOURCE OF PAYMENT FOR SUCH SERIES 2009 BONDS FROM NON AD VALOREM REVENUES; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION WITH SUCH NON AD VALOREM REVENUES; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE SERIES 2009 BONDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS, INSTRUMENTS AND CERTIFICATES IN City ofMiami Page 23 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 RE.9 CONNECTION THEREWITH SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY; AUTHORIZING THE NEGOTIATED SALE OF THE SERIES 2009 BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY; APPROVING UNCERTIFICATED, BOOK -ENTRY ONLY REGISTRATION OF SAID SERIES 2009 BONDS WITH THE DEPOSITORY TRUST COMPANY; DELEGATING TO THE CITY MANAGER AUTHORITY TO NEGOTIATE AND OBTAIN A MUNICIPAL BOND INSURANCE POLICY AND/OR A CREDIT FACILITY, IF ANY, TO INSURE AND/OR SECURE, AS APPLICABLE, SAID SERIES 2009 BONDS AND TO EXECUTE AND DELIVER ANY RELATED AGREEMENTS SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY; APPOINTING A PAYING AGENT AND BOND REGISTRAR; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AND REGISTRAR AGREEMENT, SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY; PROVIDING FOR A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY AND THE SELECTION OF A FINANCIAL PRINTER THEREFOR; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE SERIES 2009 BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15C2-12 AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT THERETO SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY AND APPOINTING A DISCLOSURE DISSEMINATION AGENT THEREUNDER; AUTHORIZING ALL REQUIRED ACTIONS; AND PROVIDING AN EFFECTIVE DATE. 09-00200 legislation. pdf 09-00200 Exhibit.pdf 09-00200 Exhibit 2.pdf 09-00200 Exhibit 3.pdf 09-00200 Exhibit 4.pdf 09-00200 Summary Form.pdf 09-00200 Pre Legislation.pdf 09-00200 Master Report.pdf R-09-0103 MOVED: SECONDED: UNANIMOUS Angel Gonzalez Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 09-00244 RESOLUTION City ofMiami Page 24 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 Office of Strategic Planning, Budgeting, and Performance RE.10 09-00151 Department of Employee Relations A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS, CLOSING OUT THE OPERATIONAL BUDGET FOR FISCAL YEAR ENDING SEPTEMBER 30, 2008. 09-00244 Legislation .pdf 09-00244 Summary Form.pdf R-09-0115 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI AND AFSCME, LOCAL 1907, ATTACHED AND INCORPORATED, REMOVING THE CRIME SCENE INVESTIGATOR I CLASSIFICATION FROM THE PRESTEPS; PROVIDING FOR A FIVE (5) PERCENT SUPPLEMENT FOR CRIME SCENE INVESTIGATORS I, CRIME SCENE INVESTIGATORS II, AND FORENSIC INVESTIGATIONS SUPERVISOR. 09-00151 legislation. pdf 09-00151 Exhibit.pdf 09-00151 Summary Form.pdf 09-00151 Memo.pdf R-09-0116 MOVED: SECONDED: UNANIMOUS Angel Gonzalez Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 25 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 2:30 P.M. ES.1 09-00215 EXECUTIVE SESSION EXECUTIVE SESSION Office of the City UNDER THE PARAMETERS OF F.S. §286.011(8) [2008]. THE PERSON Attorney CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF MIGUEL GUTIERREZ, AS PARENT AND PERSONAL REPRESENTATIVE OF THE ESTATE OF SUSANA GUTIERREZ V. CITY OF MIAMI, CASE NO.: 06-01722 CA 09, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:30 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN JOE SANCHEZ, ANGEL GONZALEZ, MARC SARNOFF, TOMAS REGALADO, AND MICHELLE SPENCE-JONES; THE CITY MANAGER, PEDRO G. HERNANDEZ; THE CITY ATTORNEY, JULIE O. BRU; AND DEPUTY CITY ATTORNEY, WARREN BITTNER. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 09-00215 - Memo.pdf 09-00215 - Notice to the Public.pdf DISCUSSED END OF EXECUTIVE SESSION City ofMiami Page 26 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 RESOLUTIONS -CONTINUED RE.11 09-00172 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY MIGUEL GUTIERREZ, AS PARENT AND PERSONAL REPRESENTATIVE OF THE ESTATE OF SUSANA GUTIERREZ, DECEASED, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $165,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, IN THE CASE OF MIGUEL GUTIERREZ, ETC. VS. THE CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO.: 06-01722 CA 09, UPON THE EXECUTION BY MIGUEL GUTIERREZ, OF A GENERAL RELEASE OF THE CITY OF MIAMI, ITS DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.515000.0000.00000. 09-00172 Legislation.pdf 09-00172 Cover Memo.pdf 09-00172 Memo 2.pdf R-09-0109 MOVED: SECONDED: Michelle Spence -Jones Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: NOES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Commissioner Sarnoff RE.12 09-00272 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), ACCEPTING THE FINDING OF NECESSITY REPORT, ATTACHED AND INCORPORATED AS EXHIBIT "A," FOR THE AREA PROPOSED TO BE INCLUDED IN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA ("STUDY AREA"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; FINDING THAT THE REBUILDING, REHABILITATION, CONSERVATION, AND REDEVELOPMENT OF THE STUDY AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE RESIDENTS OF THE CITY OF MIAMI AND MIAMI-DADE COUNTY; FINDING THAT THE STUDY AREA CONSTITUTES A SLUM OR BLIGHTED AREA AS DEFINED IN SECTION 163.340, FLORIDA STATUTES; DIRECTING THE CITY MANAGER TO TRANSMIT A COPY OF THE FINDING OF NECESSITY REPORT TO MIAMI-DADE COUNTY FOR REVIEW AND CONSIDERATION. City ofMiami Page 27 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 09-00272 Legislation.pdf 09-00272 Exhibit.pdf 09-00272 Summary Form.pdf R-09-0107 MOVED: SECONDED: UNANIMOUS Angel Gonzalez Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones RE.13 09-00273 RESOLUTION City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO WORK WITH THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), TO MOVE FORWARD WITH THE PROCESS FOR ISSUANCE OF BONDS AND THE USE OF TAX INCREMENT REVENUES FOR THE FUNDING OF PROJECTS NOT TO EXCEED $500,000,000, FOR IMPROVEMENTS WITHIN THE REDEVELOPMENT AREA. 09-00273 Legislation.pdf 09-00273 Summary Form.pdf 09-00273 Memo.pdf 09-00273 Pre Legislation.pdf 09-00273-Submittal. pdf R-09-0108 MOVED: SECONDED: UNANIMOUS Angel Gonzalez Michelle Spence -Jones Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF RESOLUTIONS City ofMiami Page 28 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 BOARDS AND COMMITTEES BC.1 08-00898 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Donna Milo Chair Joe Sanchez Charles A. Pruett Commissioner Marc David Sarnoff Janice Tarbert Commissioner Tomas Regalado Paul D. Mann Commissioner Tomas Regalado 08-00898 memo 3-12-09.pdf 08-00898 members 3-12-09.pdf 08-00898 Applications 3-12-09.pdf R-09-0118 MOVED: SECONDED: Tomas Regalado Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez BC.2 08-00906 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Jorge Zamanillo Chair Joe Sanchez (Architect/Architect Historian) Dr. James Broton Chair Joe Sanchez (Citizen) Gary Appel Vice Chair Michelle Spence -Jones (Real Estate Broker) David Freedman Commissioner Marc David Sarnoff (Business/Finance/Law) City ofMiami Page 29 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 Thorn Grafton (Architect) Enid Lorenzo (Citizen) 08-00906 memo 3-12-09.pdf 08-00906 members 3-12-09.pdf 08-00906 Applications.pdf R-09-0119 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Commissioner Tomas Regalado Commissioner Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez BC.3 08-01177 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE DISTRICT 1 HOUSING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-01177 memo 3-12-09.pdf CONTINUED BC.4 08-01261 RESOLUTION NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Lewis Beilman III Chair Joe Sanchez City ofMiami Page 30 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 Karen Cartwright Vice Chair Michelle Spence -Jones Shane Graber Commissioner Marc David Sarnoff 08-01261 memo 3-12-09.pdf 08-01261 members 3-12-09.pdf R-09-0120 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez BC.5 08-01409 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Dean Lewis Commission -at -Large Yvonne Debesa Commission -at -Large James Angleton Commission -at -Large Larry Baum Commission -at -Large Kevin L. Deeb Commission -at -Large Ben Fernandez Commission -at -Large Stephen Johnson Commission -at -Large Bill Ramos Mayor Manuel Diaz Diana Gomez City Manager Pedro G. Hernandez Gregory Gay City Manager Pedro G. Hernandez 08-01409 memo 3-12-09.pdf 08-01409 Memo -Mayor's Appointment.pdf 08-01409 Nominations 3-12-09.pdf 08-01409 Applications 3-12-09.pdf City ofMiami Page 31 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 R-09-0121 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones A motion was made by Commissioner Regalado seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to appoint Dean Lewis, Yvonne Debesa, James Angleton, Larry Baum, Kevin L. Deeb, Ben Fernandez, Stephen Johnson, and Bill Ramos as members of the Housing and Commercial Loan Committee. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to appoint Diana Gomez and Gregory Gay as members of the Housing and Commercial Loan Committee. BC.6 08-01550 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Tomas Regalado 08-01550 memo 3-12-09.pdf 08-01550 members 3-12-09.pdf CONTINUED BC.7 09-00092 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Pedro M. Villa Commissioner Marc David Sarnoff 09-00092 memo 3-12-09.pdf 09-00092 members 3-12-09.pdf R-09-0122 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado City ofMiami Page 32 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones BC.8 09-00093 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Stanley Foodman Commissioner Marc David Sarnoff 09-00093 memo 3-12-09.pdf 09-00093 members 3-12-09.pdf R-09-0123 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones BC.9 09-00208 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commission -at -Large Commission -at -Large (Alternate -at -Large) 09-00208 memo 3-12-09.pdf 09-00208 members 3-12-09.pdf CONTINUED BC.10 09-00207 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND City ofMiami Page 33 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00207 memo 3-12-09.pdf 09-00207 members 3-12-09.pdf CONTINUED BC.11 09-00206 RESOLUTION NOMINATED BY: Mayor Manuel A. Diaz Mayor Manuel A. Diaz Mayor Manuel A. Diaz Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. BC.12 APPOINTEES: NOMINATED BY: Jacqueline Zelman Commissioner Marc David Sarnoff Marta L. Zayas Commissioner Tomas Regalado 09-00206 memo 3-12-09.pdf 09-00206 members 3-12-09.pdf R-09-0124 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones 09-00205 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Bob Powers Commissioner Marc David Sarnoff City ofMiami Page 34 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 Nathan Kurland Commission -at -Large Steve Alexander Commission -at -Large 09-00205 memo 3-12-09.pdf 09-00205 members 3-12-09.pdf R-09-0125 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones BC.13 09-00203 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. BC.14 APPOINTEE: NOMINATED BY: Maria Mascarenas Commissioner Marc David Sarnoff 09-00203 memo 3-12-09.pdf 09-00203 members 3-12-09.pdf R-09-0126 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones 09-00204 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Robert Flanders Mayor Manuel Diaz City ofMiami Page 35 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 Charisse Grant Mayor Manuel Diaz Carmen Matos Mayor Manuel Diaz Kay Apfel Mayor Manuel Diaz 09-00204 memo 3-12-09.pdf 09-00204 members 3-12-09.pdf 09-00204 Memo -Mayor's Appointment.pdf R-09-0127 MOVED: SECONDED: Tomas Regalado Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones BC.15 09-00117 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ZONING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Brett Berlin Commissioner Marc David Sarnoff 09-00117 memo 3-12-09.pdf 09-00117 members 3-12-09.pdf 09-00117 Applications 3-12-09.pdf R-09-0128 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones BC.16 09-00212 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR A TERM AS DESIGNATED HEREIN. City ofMiami Page 36 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 APPOINTEE: NOMINATED BY: Miroslave "Misha" Mladenovic DDA Board of Directors (term expiring 8/31/11) 09-00212 memo 3-12-09.pdf 09-00212 members 3-12-09.pdf 09-00212 Nomination.pdf R-09-0129 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Miami -Dade County Commissioner Bruno A. Barreiro was appointed as a member of the Downtown Development Authority (DDA); however, he was previously appointed to the DDA on February 12, 2009. END OF BOARDS AND COMMITTEES City ofMiami Page 37 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 DI.1 DISCUSSION ITEM 08-01381 DISCUSSION ITEM Office of the City DISCUSSION OF THE REQUEST OF RONALD J. COHEN, ESQUIRE, Attorney ON BEHALF OF SERGEANT WILLIAM SCAROLA, SEEKING REIMBURSEMENT IN THE CASE OF THE STATE OF FLORIDA VS. WILLIAM SCAROLA, III, CASE NO. 05-19807-MM10A. 08-01381 Cover Memo.pdf 08-01381 Letter.pdf WITHDRAWN END OF DISCUSSION ITEM City ofMiami Page 38 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 09-00226 DISCUSSION ITEM DISCUSSION REGARDING TOURISM AND IT'S IMPACT ON "BED TAXES".? TOURISM IS CONSIDERED ONE OF SOUTH FLORIDA'S MOST IMPORTANT ECONOMIC ENGINES. WHAT IS THE ANTICIPATED RATE GROWTH? RATE OF GROWTH OVER 12 MONTHS? RATE OF GROWTH OVER 5 YEARS? RATE OF GROWTH OVER 40 YEARS? WHAT ARE THE PROJECTIONS FOR THE CONVENTION DEVELOPMENT TAX (CDT), THE TOURIST DEVELOPMENT TAX (TDT) AND THE PROFESSIONAL SPORTS FRANCHISE FACILITIES (PSFFT)? 09-00226 Email.pdf 09-00226-Submittal-Bed Taxes Document.pdf DISCUSSED D2.2 09-00227 DISCUSSION ITEM DISCUSSION REGARDING CITY OF MIAMI OWNED WATER TRUCKS. HOW MANY WATER TRUCKS ARE IN THE CITY FLEET? WHAT IS THE OPERATIONAL CAPABILITY? HOW OFTEN ARE THE TRUCKS USED TO WATER CITY LANDSCAPING? IS THERE A SCHEDULE? 09-00227 Email.pdf 09-00227-Submittal-Memo-City Manager.pdf City ofMiami Page 39 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 DISCUSSED Direction by Commissioner Sarnoff to the City Manager to provide a report in 60 days on the City's plan to counterbalance drought periods in the City of Miami. END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES END OF DISTRICT 5 City ofMiami Page 40 Printed on 3/13/2009 City Commission Marked Agenda March 12, 2009 NON -AGENDA ITEMS NA.1 09-00309 DISCUSSION ITEM DISCUSSION EXPRESSING CONDOLENCES TO THE FAMILY AND FRIENDS OF FORMER CITY EMPLOYEE DENA SPILLMAN BIANCHINO. DISCUSSED City ofMiami Page 4] Printed on 3/13/2009