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HomeMy WebLinkAboutCC 2009-06-11 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1,- drove !Neu R P p Ri If isr®n Meeting Agenda Thursday, June 11, 2009 9:00 AM REGULAR City Hall Commission Chambers 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 Commission Meeting Agenda June 11, 2009 ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. ANY PERSON OR ENTITY REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR COMMITTEES CONCERNING ANY ISSUE, SHALL DISCLOSE IN WRITING, AT THE COMMENCEMENT (OR CONTINUANCE) OF THE HEARING(S) ON THE ISSUE THE FOLLOWING INFORMATION: 1. WHETHER ANY CONSIDERATION HAS BEEN PROVIDED OR COMMITTED, DIRECTLY, OR ON ITS BEHALF, TO ANY ENTITY OR PERSON FOR AN AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION TO THE REQUESTED APPROVAL, RELIEF OR ACTION; 2. TO WHOM THE CONSIDERATION HAS BEEN PROVIDED OR COMMITTED; 3. THE NATURE OF THE CONSIDERATION, AND 4. A DESCRIPTION OF WHAT IS BEING REQUESTED IN EXCHANGE FOR THE CONSIDERATION. THE DISCLOSURE FORM WHICH IS AVAILABLE FROM THE CITY CLERK MUST BE READ INTO THE RECORD BY THE REQUESTING PERSON OR ENTITY PRIOR TO SUBMISSION TO THE SECRETARY/CLERK OF THE RESPECTIVE BOARD. PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BY A FOUR -FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT. ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL, AT MIAMI RIVERSIDE CENTER, OR ON-LINE AT WWW.MIAMIGOV.COM. ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD City ofMiami Page 2 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER. * * * * * * Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 250-5360, with requests at least two business days before the meeting date. * * * * * * * * * * * * * * * * * * * * * The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings shall adjourn (a) at the conclusion of deliberation of the agenda item being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the members of the City Commission then present or (b) at the conclusion of the regularly scheduled agenda, whichever occurs first. This rule does not apply when the City Commission is engaged in its annual budget hearings (Ordinance 12586). City ofMiami Page 3 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 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.3 may be heard in the number sequence or as announced by the Commission PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS 10:30 A.M.-Approval Repayment Plan -HUD SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS 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 City ofMiami Page 4 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS 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.) APPROVING THE MINUTES OF THE FOLLOWING MEETING: Regular Commission Meeting of May 14, 2009 END OF APPROVING MINUTES City of Miami Page 5 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 CONSENT AGENDA Unless a member of the City Commission wishes to remove a specific item from this portion of the agenda, Items CA.1 through CA.3 constitute the Consent Agenda. These resolutions are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded as individually numbered resolutions, adopted unanimously by the following motion. "...that the Consent Agenda comprised of items CA.1 through CA.3 be adopted..." The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda. Hearing none, the vote on the adoption of the Consent Agenda will now be taken. CA.1 09-00552 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Public Works SOUTHWEST 18TH AVENUE FROM SOUTHWEST 6TH STREET TO SOUTHWEST 9TH STREET, MIAMI, FLORIDA, AS "DR. MARIO M. PEREZ AVENUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 09-00552 Legislation.pdf 09-00552 Summary Form.pdf 09-00552 Bio.pdf 09-00552 Map.pdf CA.2 09-00553 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LANDSCAPE, IRRIGATION AND LANDSCAPE LIGHTING MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR MAINTENANCE TO BE PERFORMED BY THE CITY OF MIAMI LOCATED ON BISCAYNE BOULEVARD FROM NORTHEAST 15TH STREET TO NORTHEAST 35TH TERRACE, MIAMI, FLORIDA; DIRECTING THE TRANSMITTAL OF A COPY OF THIS RESOLUTION TO FDOT. 09-00553 Legislation.pdf 09-00553 Exhibit.pdf 09-00553 Summary Form.pdf CA.3 09-00554 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF PUMPS, DRIVES AND MOTORS: PURCHASE OF NEW AND REBUILT UNITS AND PARTS, AND REPAIR AND MAINTENANCE SERVICES, FROM VARIOUS VENDORS, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6819-5/17, EFFECTIVE THROUGH APRIL 30, 2013, WITH THE OPTION TO RENEW FOR AN ADDITIONAL FIVE (5) YEARS, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER City ofMiami Page 6 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00554 Legislation.pdf 09-00554 Summary Form.pdf 09-00554 Contract Award Sheet.pdf 09-00554 Preliminary Bid Tabulation.pdf 09-00554 Brand Names.pdf 09-00554 Invitation to Bid.pdf 09-00554 Affidavits.pdf END OF CONSENT AGENDA City ofMiami Page 7 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 PERSONAL APPEARANCE Note: Legislation may result from City Commission consideration of any personal appearance. PA.1 09-00632 DISCUSSION ITEM FRED FROST, PRESIDENT OF THE SOUTH FLORIDA AFL-CIO, TO SPEAK ABOUT THE EMPLOYEE FREE CHOICE ACT. SPONSOR: CHAIRMAN SANCHEZ 09-00632 E-Mail.pdf END OF PERSONAL APPEARANCE City of Miami Page 8 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 PUBLIC HEARING 10:30 A.M. PH.1 09-00645 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING A REPAYMENT PLAN FOR FUNDS Development OWED TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"), IN AN AMOUNT NOT TO EXCEED $4,027,824.76, AS SET FORTH IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO ALLOW THE CITY OF MIAMI ("CITY") TO ACCESS NEIGHBORHOOD STABILIZATION PROGRAM FUNDS, IN THE AMOUNT OF $12,063,702; AUTHORIZING THE CITY MANAGER TO NEGOTIATE, TO AMEND, AND TO EXECUTE ANY SUCH REPAYMENT AGREEMENT BETWEEN THE CITY AND HUD FOR THE IMPLEMENTATION OF SAID PURPOSES. 09-00645 Legislation.pdf 09-00645 Exhibit.pdf 09-00645 Exhibit 2.pdf 09-00645 Exhibit 3 .pdf 09-00645 Summary Form.pdf END OF PUBLIC HEARING City ofMiami Page 9 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 ORDINANCES - SECOND READING Note: Any proposed ordinance listed as an item for second reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. SR.1 09-00443 ORDINANCE Department of Public Works SECOND READING 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 55-15 ENTITLED "VACATION AND CLOSURE OF RIGHTS -OF -WAY AND PLATTED EASEMENTS BY PLAT," TO CLARIFY THE APPROVAL PROCEDURE FOR A REQUESTED VACATION AND CLOSURE AS PROVIDED IN SAID SECTION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00443 Legislation FR/SR.pdf 09-00443 Summary Form FR/SR.pdf DATE: MOVER: SECONDER: VOTE: ACTION: MAY 14, 2009 COMMISSIONER SARNOFF COMMISSIONER REGALADO AYES: 4 - COMMISSIONER SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ABSENT: 1 - COMMISSIONER GONZALEZ PASSED ON FIRST READING --PASSED SR.2 09-00365 ORDINANCE SECOND READING Honorable Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Manny Diaz CHAPTER 22.5 OF THE CODE OF CITY OF MIAMI, FLORIDA AS AMENDED, ENTITLED "GREEN INITIATIVES," TO CREATE ARTICLE IV ENTITLED "WATER CONSERVATION ORDINANCE," TO ADD SECTIONS TO PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE WATER USAGE IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00365 Complete Legislation SR.pdf 09-00365 Summary Form FR/SR.pdf DATE: MAY 14, 2009 MOVER: COMMISSIONER SARNOFF SECONDER: VICE CHAIR SPENCE-JONES VOTE: AYES: 4 - COMMISSIONER SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING --PASSED City ofMiami Page 10 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 SR.3 09-00458 ORDINANCE SECOND READING Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Employee Relations CHAPTER 40/ARTICLE IV/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS AND POLICE OFFICERS' RETIREMENT TRUST," MORE PARTICULARLY BY AMENDING SECTION 40-196, ENTITLED "CONTRIBUTIONS," TO INCREASE FIREFIGHTERS' MEMBER CONTRIBUTIONS FROM SEVEN PERCENT TO EIGHT PERCENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00458 Legislation FR/SR.pdf 09-00458 Summary Form FR/SR.pdf 09-00458 Pension Stabilization FR/SR.pdf 09-00458 Letter 1 FR/SR.pdf 09-00458 Letter 2 FR/SR.pdf DATE: MAY 14, 2009 MOVER: COMMISSIONER REGALADO SECONDER: VICE CHAIR SPENCE-JONES VOTE: AYES: 4 - COMMISSIONER SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING --PASSED SR.4 09-00228 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF CITY OF MIAMI, FLORIDA, AS AMENDED, TO CREATE A NEW CHAPTER ENTITLED "HUMAN RELATIONS", TO PROVIDE RECOGNITION OF DOMESTIC PARTNERSHIPS OF CITY EMPLOYEES; AND CREATING ARTICLE I ENTITLED "DOMESTIC PARTNERSHIPS AND BENEFITS" TO SET FORTH THE RIGHTS AND LEGAL EFFECTS OF SUCH PARTNERSHIPS; PROVIDING EMPLOYMENT BENEFITS TO CITY OF MIAMI EMPLOYEES AND THEIR DOMESTIC PARTNERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. SPONSORS: HONORABLE MAYOR DIAZ COMMISSIONER SARNOFF 09-00228 Legislation SR.pdf DATE: MAY 14, 2009 MOVER: COMMISSIONER SARNOFF SECONDER: COMMISSIONER REGALADO VOTE: AYES: 4 - COMMISSIONER SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING --PASSED END OF ORDINANCES - SECOND READING City ofMiami Page 11 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 ORDINANCES - FIRST READING Note: Any proposed ordinance listed as an item for first reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. FR.1 09-00094 City Manager's Office FR.2 09-00560 FR.3 09-00615 District 2- Commissioner Marc David Sarnoff ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 11.5 CIVILIAN COMPLAINT INVESTIGATION AND REVIEW, ARTICLE II OF THE CODE, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL," MORE PARTICULARLY BY AMENDING SECTION 11.5-28, ENTITLED "MEMBERSHIP; NOMINATION OF MEMBERS; TERMS OF OFFICE AND VACANCIES; APPOINTMENT OF THE CIP NOMINATING COMMITTEE;" TO AMEND THE MEMBERSHIP, APPOINTMENT PROCESS AND TERMS OF OFFICE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00094 Legislation.pdf 09-00094 Summary Form.pdf ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 18/ ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," TO ESTABLISH A CITY OF MIAMI RESPONSIBLE CONTRACTOR PROGRAM, NEW SECTION 18-118 OF THE CITY CODE; INCLUDING ESTABLISHING AN OVERALL HOURLY RATE OF PAY, PLUS BENEFITS, PER SPECIFIED PROVISIONS OF THE MIAMI-DADE COUNTY CODE REFERENCED HEREIN; AUTHORIZING THE CITY MANAGER TO ESTABLISH AN ADMINISTRATIVE PROCEDURE FOR MONITORING COMPLIANCE WITH AND ENFORCEMENT OF THIS PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. SPONSORS: CHAIRMAN SANCHEZ VICE CHAIR SPENCE-JONES 09-00560 Legislation.pdf ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-1, ENTITLED "CONSUMPTION RESTRICTED," TO ALLOW THE CITY TO GRANT AN EXEMPTION FROM THE RESTRICTION OF CONSUMING ALCOHOLIC BEVERAGES ON THE PUBLIC STREETS ON SPECIAL OCCASIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00615 Legislation.pdf FIRST READING City ofMiami Page 12 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 FR.4 09-00649 District 2- Commissioner Marc David Sarnoff ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION IMPLEMENTING THE FINAL ORDER OF THE STATE OF FLORIDA GOVERNOR AND CABINET SITTING AS THE ADMINISTRATION COMMISSION ENTERED IN THE VIZCAYANS, INC. ET AL. VS THE CITY OF MIAMI AND TRG-MH VENTURE, LTD., AC CASE NO. ACC-08-004, DOAH CASE NOS. 07-2498 GM AND 07-2499 GM, DATED MARCH 31, 2009; RESCINDING ORDINANCE NO. 12911 ADOPTED BY THE CITY COMMISSION OF THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00649 Legislation.pdf END OF FIRST READING ORDINANCES City ofMiami Page 13 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 RESOLUTIONS RE.1 09-00122 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF MIAMI AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY ("SCHOOL BOARD") FOR THE USE OF JORGE MAS CANOSA PARK (FORMERLY KNOWN AS RIVERSIDE PARK) LOCATED AT 342 SOUTHWEST 7TH AVENUE, MIAMI, FLORIDA, FOR SCHOOL RECREATIONAL PURPOSES ASSOCIATED WITH ADA MERRITT K-8 CENTER, SUBJECT TO THE SCHOOL BOARD PAYING FOR CERTAIN CONSTRUCTION IMPROVEMENTS ESTIMATED AT APPROXIMATELY THREE HUNDRED AND FORTY-TWO THOUSAND DOLLARS ($342,000), AS WELL AS PAYING FOR CERTAIN OPERATING COSTS, INCLUDING STAFFING AND EQUIPMENT NECESSARY FOR THE IMPLEMENTATION OF SUCH PROGRAMS AND FURTHER PROVIDING FOR THE FOLLOWING: 1) A TERM OF TWENTY (20) YEARS, COMMENCING ON THE EFFECTIVE DATE, WITH A TEN (10) YEAR EXTENSION OPTION, CONDITIONAL ON THE PRIOR WRITTEN CONSENT OF THE CITY MANAGER, WITH REVIEW AND APPROVAL OF THE CITY ATTORNEY, AND OTHER FULFILLMENT OF CONDITIONS; 2) PAYMENT OF ONE DOLLAR ($1.00) YEARLY RENT, WITH THE FULL AMOUNT OF THE RENT FOR THE INITIAL TERM PAYABLE IN ADVANCE AT COMMENCEMENT OF SUCH TERM; FURTHER AUTHORIZING THE CITY MANAGER, SUBJECT TO REVIEW AND APPROVAL BY THE CITY ATTORNEY, TO EXECUTE NON -SUBSTANTIVE AMENDMENTS AND RENEWALS AS NEEDED AND ALL OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT; ALLOCATING FUNDS FROM THE DEPARTMENT OF PARKS AND RECREATION, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. 09-00122 Legislation.pdf 09-00122 Exhibit.pdf 09-00122 Summary Form.pdf 09-00122 Improvements at Riverside Park.pdf RE.2 09-00561 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO WILLIAM F. SOUZA, ESQUIRE, OF WILLIAM F. SOUZA, P.A., ON BEHALF OF RANDALL CASON, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $125,000, IN FULL SETTLEMENT OF ALL CLAIMS FOR ATTORNEY'S FEES AND COSTS FOR ALL DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT. ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.515000.0000.00000. City ofMiami Page 14 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 09-00561 Legislation.pdf 09-00561 Memo.pdf 09-00561 Memo 2.pdf City of Miami Page 15 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 RE.3 09-00557 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Improvements JOINT PARTICIPATION AGREEMENT ("JPA"), IN SUBSTANTIALLY THE Program ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), FOR THE VENETIAN CAUSEWAY STREETSCAPE IMPROVEMENTS PROJECT, B-39911 ("PROJECT"); OUTLINING THE RESPONSIBILITIES OF THE PARTIES; AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $3,196,465, TO THE COUNTY, FROM CAPITAL IMPROVEMENT PROJECT NO. B-39911 UPON AVAILABILITY, CONSISTING OF FUNDING IN THE AMOUNT OF $2,196,465, FROM A FUTURE STREET BONDS ISSUANCE, AND FUNDING IN THE AMOUNT OF $1,000,000, FROM A GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR WHICH THE CITY WILL ACT AS A PASS -THROUGH TO THE COUNTY. 09-00557 Legislation.pdf 09-00557 Exhibit.pdf 09-00557 Summary Form.pdf 09-00557 Text File Report 1.pdf 09-00557 Text File Report 2.pdf RE.4 09-00647 RESOLUTION Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING AND Manny Diaz CALLING FOR THE IMMEDIATE ENACTMENT OF THE ADMINISTRATION'S HEALTH CARE REFORM PRINCIPLES AND AGREEING THAT THIS COMPREHENSIVE REFORM SHOULD DO THE FOLLOWING: 1) REDUCE LONG-TERM GROWTH OF HEALTH CARE COSTS FOR BUSINESSES AND GOVERNMENT; 2) PROTECT FAMILIES FROM BANKRUPTCY OR DEBT BECAUSE OF HEALTH CARE COSTS; 3) GUARANTEE CHOICE OF DOCTORS AND HEALTH PLANS; 4) INVEST IN PREVENTION AND WELLNESS; 5) IMPROVE PATIENT SAFETY AND QUALITY OF CARE; 6) ASSURE AFFORDABLE, QUALITY HEALTH COVERAGE FOR ALL AMERICANS; 7) MAINTAIN COVERAGE WHEN SOMEONE CHANGES OR LOSES A JOB; AND 8) END BARRIERS TO COVERAGE FOR PEOPLE WITH PRE-EXISTING MEDICAL CONDITIONS; THE COMMISSION FURTHER URGES CONGRESS TO SUPPORT PUBLIC HOSPITALS AND OTHER PROVIDERS IN THE HEALTH CARE SAFETY NET SO THAT THOSE WHO FALL THROUGH THE CRACKS OF EXPANDED HEALTH COVERAGE: MAY STILL RECEIVE CARE; CAPACITY IS AVAILABLE IN CASE OF PUBLIC HEALTH EMERGENCIES; AND THE CULTURAL COMPETENCIES ACHIEVED BY PROVIDERS SERVING DIVERSE POPULATIONS ARE PRESERVED AND ENHANCED IN A REFORMED HEALTH CARE SYSTEM; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE DESIGNATED OFFICIALS HEREIN. 09-00647 Legislation.pdf City ofMiami Page 16 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 RE.5 09-00648 District 2- Commissioner Marc David Sarnoff RE.6 09-00651 District 3- Chair Joe Sanchez RE.7 09-00652 District 3- Chair Joe Sanchez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT TO SECTION 54-341(E), THE RESTRICTIONS CONTAINED IN SECTION 54-341(C)(1),(2), AND (3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TO (1) WAIVE THE TWO EVENTS PER MONTH RESTRICTION, (2) WAIVE THE TWO EVENTS INVOLVING STREET CLOSURES, (3) WAIVE THE TWO EVENTS TAKING PLACE ON SUCCESSIVE WEEKENDS, AND (4) WAIVE THE APPLICATION AND REQUIRED APPROVALS IN SECTION 54-341(D) OF THE CITY CODE; AND WAIVING THE LIMITATIONS ON TEMPORARY SPECIAL EVENTS PURSUANT TO SECTION 906.9(C) OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR EVENTS OCCURRING IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT DURING DESIGNATED WEEKENDS IN JUNE, JULY AND AUGUST, 2009; AND WAIVING THE SUPPLEMENTARY USER FEE, PURSUANT TO SECTION 54-343(5) OF THE CITY CODE, FOR SAID EVENTS. 09-00648 Legislation .pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING PRESIDENT OBAMA TO GRANT TEMPORARY PROTECTIVE STATUS TO HAITIANS IN THE UNITED STATES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS AS STATED HEREIN. 09-00651 Legislation.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING FLORIDA POWER AND LIGHT TO PURSUE ALTERNATIVES TO OVERHEAD TRANSMISSION LINES IN THE CITY OF MIAMI, FLORIDA; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 09-00652 Legislation.pdf END OF RESOLUTIONS City of Miami Page 17 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 BOARDS AND COMMITTEES BC.1 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: NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez 08-01177 memo 6-11-09.pdf DATE: ACTION: DATE: MOVER: SECONDER: VOTE: ACTION: DATE: ACTION: DATE: ACTION: DATE: ACTION: DATE: ACTION: DATE: ACTION: DATE: ACTION: OCTOBER 16, 2008 CONTINUED NOVEMBER 13, 2008 COMMISSIONER GONZALEZ VICE CHAIR SPENCE-JONES AYES: 4 - COMMISSIONER GONZALEZ, SANCHEZ, REGALADO AND SPENCE-JONES ABSENT: 1 - COMMISSIONER SARNOFF CONTINUED --PASSED DECEMBER 11, 2008 CONTINUED JANUARY 15, 2009 CONTINUED FEBRUARY 12, 2009 CONTINUED MARCH 12, 2009 CONTINUED APRIL 2, 2009 CONTINUED MAY 14, 2009 CONTINUED City ofMiami Page 18 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 BC.2 08-01260 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING Clerk THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-01260 memo 6-11-09.pdf 08-01260 members 6-11-09.pdf 08-01260 applications 6-11-09.pdf NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel DATE: APRIL 2, 2009 MOVER: VICE CHAIR SPENCE-JONES SECONDER: COMMISSIONER GONZALEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ACTION: CONTINUED --PASSED DATE: MAY 14, 2009 MOVER: VICE CHAIR SPENCE-JONES SECONDER: COMMISSIONER REGALADO VOTE: AYES: 4 - COMMISSIONER SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: CONTINUED --PASSED BC.3 08-01540 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chair Michelle Spence -Jones 08-01540 Memo 6-11-09.pdf 08-01540 Members 6-11-09.pdf City of Miami Page 19 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 BC.4 09-00324 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: 09-00324 memo 6-11-09.pdf 09-00324 members 6-11-09.pdf DATE: ACTION: DATE: ACTION: APRIL 2, 2009 CONTINUED MAY 14, 2009 CONTINUED Chair Joe Sanchez BC.5 09-00413 RESOLUTION 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: 09-00413 memo 6-11-09.pdf 09-00413 members 6-11-09.pdf DATE: ACTION: MAY 14, 2009 CONTINUED NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez BC.6 09-00535 RESOLUTION 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. APPOINTEES: NOMINATED BY: Vice Chair Michelle Spence -Jones Mayor Manuel A. Diaz City of Miami Page 20 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 09-00535 memo 6-11-09.pdf 09-00535 members 6-11-09.pdf City of Miami Page 21 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 BC.7 09-00589 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00589 memo 6-11-09.pdf 09-00589 members 6-11-09.pdf NOMINATED BY: Chair Joe Sanchez Commissioner Tomas Regalado Mayor Manuel A. Diaz BC.8 09-00595 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: (Alternate -at -Large) (Alternate -at -Large) 09-00595 memo 6-11-09.pdf 09-00595 members 6-11-09.pdf NOMINATED BY: Commission -at -Large Commission -at -Large BC.9 09-00588 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Joe Sanchez Chair Joe Sanchez Commissioner Angel Gonzalez Commissioner Tomas Regalado City of Miami Page 22 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 09-00588 memo 6-11-09.pdf 09-00588 members 6-11-09.pdf City ofMiami Page 23 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 BC.10 09-00593 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Tomas Regalado 09-00593 memo 6-11-09.pdf 09-00593 members 6-11-09.pdf BC.11 09-00590 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (for a term ending 6/10/10) 09-00590 memo 6-11-09.pdf 09-00590 members 6-11-09.pdf NOMINATED BY: Commissioner Angel Gonzalez Mayor Manuel A. Diaz BC.12 09-00592 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00592 memo 6-11-09.pdf 09-00592 members 6-11-09.pdf NOMINATED BY: Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Commissioner Marc David Sarnoff City ofMiami Page 24 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 BC.13 09-00415 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: of the Bayfront Park Management Trust of the Downtown Development Authority of the Midtown Community Redevelopment Agency of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies of the Commercial Solid Waste Management Advisory Committee APPOINTED AS VICE CHAIRPERSON: of the Mayor's International Council of the Midtown Community Redevelopment Agency of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies of the Miami Sports and Exhibition Authority APPOINTED AS MEMBER: of the Miami -Dade County League of Cities of the Florida League of Cities of the Greater Miami Convention and Visitors Bureau of the Metropolitan Planning Organization (MPO) of the Miami River Commission of the Miami -Dade County Tourist Development Council 09-00415 memo 6-11-09.pdf 09-00415 History 6-11-09.pdf City ofMiami Page 25 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 END OF BOARDS AND COMMITTEES City ofMiami Page 26 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 DISCUSSION ITEMS NOTE: Legislation may result from City Commission consideration of any Commission Discussion item. This portion of the agenda is separately designated as being available for the purpose of providing and securing City Commission information, direction, and guidance in significant pending and concluded matters, including matters not specifically set forth in this section. It is anticipated that no input from anyone other than the City personnel is needed or expected while the City Commission is considering any matter in this portion of the Agenda; accordingly, no member of the public may address the City Commission during this time. DI.1 09-00452 DISCUSSION ITEM Department of FINANCIAL STATEMENT PRESENTATION BY THE EXTERNAL Finance AUDITORS FOR THE YEAR ENDED SEPTEMBER 30, 2008 COMPREHENSIVE ANNUAL FINANCIAL REPORT. 09-00452 Summary Form.pdf DATE: ACTION: MAY 28, 2009 DEFERRED DI.2 09-00472a DISCUSSION ITEM Office of the City DISCUSSION REGARDING THE STATUS OF THE PROPOSED VILLA Attorney MAGNA PARK. 09-00472a Email.pdf END OF DISCUSSION ITEMS City ofMiami Page 27 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS City ofMiami Page 28 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 City ofMiami Page 29 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 09-00558 DISCUSSION ITEM DISCUSSION REGARDING IMPACT FEES. D2.2 09-00512 ARE ANY IMPACT FEES OUTSTANDING? IF YES, HOW MUCH IS OUTSTANDING? WHAT STEPS ARE BEING TAKEN TO COLLECT OUTSTANDING FEES? POSSIBLE DIRECTION TO THE CITY ATTORNEY. WHAT PROJECTS RECEIVED IMPACT FEE MONEY? NEXUS TO THE IMPACT FEE PAYEE? 09-00558 E-Mail.pdf DISCUSSION ITEM DISCUSSION REGARDING OFF -DUTY POLICE ASSIGNMENTS. WHO GETS THE ASSIGNMENTS? WHO DECIDES WHO GETS THE ASSIGNMENTS? WHO IS RESPONSIBLE FOR THE OFF -DUTY OFFICERS? WHO GETS THE COMPENSATION? VOLUNTARY USE OF OFF -DUTY OFFICERS. REQUIRED USE OF OFF -DUTY OFFICERS. 09-00512 Email . 6-11-09pdf 09-00512-Submittal-Memo-City Manager.pdf DATE: ACTION: MAY 28, 2009 DEFERRED D2.3 09-00546 DISCUSSION ITEM DISCUSSION REGARDING GRAFFITI. ILLEGAL GRAFFITI APPEARS TO BE ESCALATING CITYWIDE. CERTAIN BLOCKS APPEAR TO BE UNDER SIEGE. WHAT STEPS ARE BEING TAKEN TO STOP THIS MENACE? HOW MUCH MONEY IS BEING BUDGETED FOR REMEDIATION OF ILLEGAL GRAFFITI? CODE ENFORCEMENT? CAN THE CITY COVER ILLEGAL GRAFFITI ON PRIVATE PROPERTY? IF YES, UNDER WHAT CIRCUMSTANCES? "BROKEN WINDOW THEORY" OF GOVERNING. 09-00546 Email.pdf City ofMiami Page 30 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 DATE: ACTION: MAY 28, 2009 DEFERRED END OF DISTRICT 2 City ofMiami Page 31 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 City ofMiami Page 32 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 DISTRICT 4 COMMISSIONER TOMAS REGALADO END OF DISTRICT 4 City ofMiami Page 33 Printed on 6/4/2009 City Commission Meeting Agenda June 11, 2009 D5.1 09-00628 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES DISCUSSION ITEM DISCUSSION REGARDING THE INTERVENORS/PLAINTIFF CASE IN THE FOP VEGA V CITY OF MIAMI. 09-00628 E-Mail.pdf END OF DISTRICT 5 City ofMiami Page 34 Printed on 6/4/2009