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
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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
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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
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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
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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
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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