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HomeMy WebLinkAboutCC 2009-09-10 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, September 10, 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.13 may be heard in the number sequence or as announced by the Commission PH - PUBLIC HEARINGS 10:30 A.M.-Authorizing Implementation -Section 3 Plan 10:30 A.M.-Transfer NSP Funds -Demolition Activities 10:30 A.M.-Requesting Exception-CDBG-Conflict of Interest Provisions 10:30 A.M.-Transfer CDBG Funds -Micro -Enterprise Prgm 10:30 A.M.-Transfer CDBG Funds-CIP Prgm-Improvement Activities SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES city' 0,011611171 Page 1 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 10:00 am. 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 9/15/2009 City Commission Marked Agenda September 10, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Regalado and Vice Chair Spence -Jones On the 10th day of September 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 Vice Chair Michelle Spence -Jones at 9:35 a.m., recessed at 12:02 p.m., reconvened at 2:24 p.m., recessed at 2:51 p.m., reconvened at 5:08 p.m. for the first budget hearing session, and adjourned at 12:00 a.m. (September 11, 2009). Note for the Record: Commissioner Gonzalez entered the Commission Chambers at 9:52 a.m and Chair Sanchez entered the Commission Chambers at 9:58 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 09-00994 PRESENTATION Honoree Presenter Protocol Item Fausto Callava Commissioner Salute Regalado Special Presentations National Day of Service and Remembrance The Department of Procurement is recognized for having earned, for five consecutive years, the Achievement of Excellence in Procurement Award from the National Purchasing Institute 09-00994 Protocol.pdf PRESENTED 1. Commissioner Tomas Regalado recognized Fausto Callava for his 24 years of service to the City of Miami and congratulated him for his professional dedication and overall excellence as a City of Miami Administrator. 2. Commissioner Spence -Jones presented the "2009 Achievement of Excellence in Procurement Award" to the Purchasing Department and acknowledged the Department's receipt of the prestigious Merit Award from the National Purchasing Institute for the fifth consecutive year, an accomplishment that reflects the Department's organizational excellence and highly productive teamwork. 3. Mayor Diaz designated September 11, 2009 as "A Day of Service & Remembrance in Miami" and urged all citizens to support the call for community engagement through volunteerism, service and meaningful involvement, highlighting the universal beliefs of compassion, selflessness, and unity. MAYORAL VETOES City ofMiami Page 3 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 (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 July 9, 2009 MOVED: SECONDED: Tomas Regalado Marc David Sarnoff Motion to APPROVED PASSED by the following vote. AYES: ABSENT: ORDER OF THE DAY Commissioner Sarnoff, Regalado and Spence -Jones Commissioner Gonzalez and Sanchez END OF APPROVING MINUTES City ofMiami Page 4 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 CA.1 09-00875 RESOLUTION Department of Fire -Rescue CONSENT AGENDA A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT ("MOA"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF MIRAMAR, A NEW MEMBER UNDER THE URBAN AREA SECURITY INITIATIVE GRANT PROGRAM FOR FISCAL YEAR 2007, TO SUB -GRANT A PORTION OF SAID UASI GRANT, IN AN AMOUNT NOT TO EXCEED $200,000, FOR THE PURCHASE OF A WEB -BASED EMERGENCY MANAGEMENT SYSTEM TO BE DELIVERED THROUGHOUT THE REGION, FOR THE PREPARATION FOR OR ANTICIPATION OF, A MAJOR DISASTER OR EMERGENCY RELATED TO TERRORISM AND/OR WEAPONS OF MASS DESTRUCTION; ALLOCATING FUNDS FROM PROJECT NO. 18-180011-5.01-1564-EQUIPMENT-181000. 09-00875 Legislation.pdf 09-00875 Exhibit.pdf 09-00875 Summary Form.pdf 09-00875 Line Item Budget Datail.pdf 09-00875 Indirect Worksheet.pdf 09-00875 Master Report.pdf 09-00875 Pre-Legislation.pdf 09-00875 Subgrant Agreement.pdf 09-00875 Pre -Summary Form.pdf 09-00875 Fund Title.pdf 09-00875 Memorandum of Agreement.pdf R-09-0402 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Sarnoff, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez and Sanchez CA.2 09-00876 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Fire -Rescue CITY MANAGER TO EXERCISE THE CITY OF MIAMI'S ("CITY'S") OPTIONS TO RENEW THE TERM OF THE LEASE BETWEEN THE CITY AND SCOTT ROBERTS MCNARY AND BETTY MARIE MCNARY ("LESSOR"), FOR THE USE OF 3,900 SQUARE FEET OF OFFICE SPACE AND RELATED PARKING AREAS LOCATED AT 1150 SOUTHWEST 22 STREET, MIAMI-DADE COUNTY, FLORIDA (THE "LEASE"), UPON THE SAME TERMS AND CONDITIONS OF THE LEASE, SUBJECT TO BUDGETARY FEASIBILITY; ALLOCATING FUNDS FROM THE ANNUAL City ofMiami Page 5 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 ALLOCATION OF URBAN SEARCH AND RESCUE GRANTS ("GRANTS") UPON ACCEPTANCE OF THE GRANTS BY THE CITY COMMISSION. 09-00876 Legislation.pdf 09-00876 Summary Form.pdf 09-00876 Memo.pdf 09-00876 Master Report.pdf 09-00876 Pre -Legislation 1.pdf 09-00876 Lease Agreement.pdf 09-00876 Letter.pdf 09-00876 Pre -Summary Form.pdf R-09-0392 This Matter was ADOPTED on the Consent Agenda. CA.3 09-00877 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURAL AND MANMADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, OF THE FLORIDA STATUTES. 09-00877 Legislation.pdf 09-00877 Summary Form.pdf 09-00877 Exhibit.pdf 09-00877-Summary Fact Sheet.pdf R-09-0393 This Matter was ADOPTED on the Consent Agenda. CA.4 09-00878 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police CONTINUED FUNDING OF PROTRACTED/COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NO. 19-690001 AND ACCOUNT CODES 12500.191602.664000.0000 AND 12500.191602.514000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 09-00878 Legislation.pdf 09-00878 Summary Form.pdf 09-00878 Affidavit.pdf 09-00878-Summary Fact Sheet.pdf R-09-0394 City ofMiami Page 6 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 This Matter was ADOPTED on the Consent Agenda. CA.5 09-00879 RESOLUTION Department of Purchasing A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF SIGN LANGUAGE INTERPRETER SERVICES, FROM ACCESSIBLE COMMUNICATION FOR THE DEAF, INC. AND CODA LINK, INC., ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 9056-0/14, EFFECTIVE THROUGH JULY 31, 2014, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00879 Legislation.pdf 09-00879 Summary Form.pdf 09-00879 Contract Award Sheet.pdf 09-00879 Awarded Items.pdf 09-00879 Addendum No. 1.pdf 09-00879 Invitation to Bid.pdf 09-00879 Appendix Affidavits.pdf R-09-0395 This Matter was ADOPTED on the Consent Agenda. CA.6 09-00888 RESOLUTION Department of Purchasing A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED JULY 31, 2009, PURSUANT TO INVITATION FOR BID NO. 160131, FROM MUNICIPAL EQUIPMENT, LLC., SAFETY PRODUCTS, INC., SAF-T-GARD INTERNATIONAL, INC., SAF-T-GLOVE, INC., GREAT LAKES EMERGENCY PRODUCTS, AND FREMONT INDUSTRIAL, FOR THE PURCHASE OF WORK GLOVES, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00888 Legislation.pdf 09-00888 Summary Form.pdf 09-00888 Tabulation of Bids.pdf 09-00888 Addendum No.1.pdf 09-00888 Invitation for Bid (IFB).pdf R-09-0396 This Matter was ADOPTED on the Consent Agenda. CA.7 09-00900 RESOLUTION City ofMiami Page 7 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 District 2- Commissioner Marc David Sarnoff CA.8 09-00941 Honorable Mayor Manny Diaz CA.9 09-00944 Honorable Mayor Manny Diaz CA.10 09-00945 District 2- Commissioner Marc David Sarnoff A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING THE EXPENDITURE OF DISTRICT 2 QUALITY OF LIFE FUNDS, IN THE AMOUNT OF $6,100, TO PURCHASE BIKE RACKS TO BE INSTALLED AT SEVERAL SITES IN BIKE FRIENDLY COCONUT GROVE. 09-00900 Legislation.pdf R-09-0397 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $42,869, FROM MIAMI-DADE COUNTY PUBLIC SCHOOLS, FROM A GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MENTORED MINDS MATTER AT LENORA B. SMITH ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 09-00941 Legislation.pdf 09-00941 Project Award.pdf 09-00941 Budget Narrative Form.pdf R-09-0398 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $46,311, FROM MIAMI-DADE COUNTY PUBLIC SCHOOLS, FROM A GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MIAMI LEARNING ZONE AT HOLMES ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 09-00944 Legislation.pdf 09-00944 Letter. pdf 09-00944 Budget Narrative Form.pdf R-09-0399 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING MIAMI-DADE COUNTY RESOLUTION NO. 881-09, ADOPTED JUNE 30, 2009, URGING THE CITY OF MIAMI TO CODESIGNATE SOUTHWEST 32ND AVENUE FROM GRAND AVENUE TO City ofMiami Page 8 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 DAY AVENUE, MIAMI, FLORIDA, AS "YVONNE M. MCDONALD ROAD;" FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 09-00945 Legislation.pdf 09-00945 Letter.pdf 09-00945 Memo.pdf 09-00945 State of Florida.pdf R-09-0403 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Commissioner Sanchez CA.11 09-00947 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $220,000, Marc David FOR THE IMPLEMENTATION OF A NEW LANDSCAPE PLAN AND THE Sarnoff DESIGN OF NEW AND EXISTING FEATURES AT SIMPSON PARK; ALLOCATING SAID FUNDS FROM THE DISTRICT 2 QUALITY OF LIFE FUNDS. 09-00947 Legislation.pdf R-09-0404 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Commissioner Sanchez CA.12 09-00880 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO REVOCABLE LICENSE AGREEMENT ("FIRST AMENDMENT), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND ALLAPATTAH-WYNWOOD COMMUNITY AND DEVELOPMENT CENTER, INC. (LICENSEE.), APPROVING THE CITY'S COSTS AND EXPENSES RELATED TO THE ROOF REPAIR OF THE 14,580 SQUARE FOOT CITY -OWNED PROPERTY LOCATED AT 1500 NORTHWEST 16TH AVENUE, MIAMI, FLORIDA, IN THE AMOUNT OF $26,355, WITH THE LICENSEE TO REIMBURSE THE AMOUNT OF $14,355 TO THE CITY ON A MONTHLY BASIS, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID FIRST AMENDMENT. City ofMiami Page 9 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 09-00880 Legislation.pdf 09-00880 Exhibit.pdf 09-00880 Summary Form.pdf 09-00880 Revocable License Agreement.pdf 09-00880 Text File Report.pdf R-09-0400 This Matter was ADOPTED on the Consent Agenda. CA.13 09-00887 RESOLUTION Department of Purchasing A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JULY 1, 2009, PURSUANT TO INVITATION FOR BID NO. 146110, FROM INTERNATIONAL NAMEPLATE U.S. INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE PURCHASE OF VEHICLE DECALS AND STRIPING, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00887 Legislation.pdf 09-00887 Summary Form.pdf 09-00887 Award Recommendation.pdf 09-00887 Tabulation.pdf 09-00887 Response to IFB.pdf 09-00887 Taxable Entity Search Results.pdf 09-00887 Addendum No. 1.pdf 09-00887 Maps.pdf 09-00887 Award Sheet.pdf 09-00887 Invitation for Bid (IFB).pdf R-09-0401 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: Tomas Regalado SECONDED: Marc David Sarnoff AYES: Commissioner Sarnoff, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez and Sanchez END OF CONSENT AGENDA PUBLIC HEARINGS PH.1 09-00906 RESOLUTION City ofMiami Page 10 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS Attorney (4/5THS) AFFIRMATIVE VOTE, AFTER PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CITY CODE, WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ENABLE MIGUEL M. DE LA 0 AND DAVID EVERETT MARKO TO ENTER INTO AN AGREEMENT TO TRANSACT BUSINESS WITH AND FOR THE CITY OF MIAMI, FOR THE PURPOSE OF REPRESENTING THE CITY OF MIAMI IN A LAWSUIT AGAINST CERTAIN CONSTRUCTION, ENGINEERING, AND INSURANCE COMPANIES. 10:30 A.M. 09-00906 Legislation.pdf 09-00906 Memo.pdf R-09-0405 MOVED: SECONDED: Angel Gonzalez Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Commissioner Sanchez A sign language interpreter translated discussion of items PH.2 - PH.6. PH.2 09-00881 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING, AND AUTHORIZING THE CITY Development MANAGER TO IMPLEMENT, THE SECTION 3 ACTION PLAN, IN SUBSTANTIALLY THE ATTACHED FORM, TO COMPLY WITH SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 , AS AMENDED (12 U.S.C. 1701U), AND THE REGULATIONS OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 24 CFR PART 135, IMPLEMENTING SECTION 3. 09-00881 Legislation. pdf 09-00881 Exhibit. pdf 09-00881 Summary Form.pdf 09-00881 Public Notice.pdf 09-00881 Appendix to Part 135.pdf R-09-0406 MOVED: SECONDED: Michelle Spence -Jones Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Commissioner Regalado Direction by Vice Chair Spence -Jones to the Administration to partner with the City's City ofMiami Page 11 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 Miami Works Program for the hiring of labor workers. PH.3 09-00882 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF NEIGHBORHOOD Development STABILIZATION PROGRAM ("NSP") FUNDS, IN THE AMOUNT OF $700,000; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI BUILDING DEPARTMENT, UNSAFE STRUCTURES SECTION, FOR DEMOLITION ACTIVITIES IN THE AREAS OF GREATEST NEED IDENTIFIED IN THE NSP SUBSTANTIAL AMENDMENT NO. 2008.1, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 09-00882 Legislation.pdf 09-00882 Exhibit.pdf 09-00882 Summary Form.pdf 09-00882 Public Notice.pdf 09-00882 Pre Legislation 1pdf 09-00882 Pre Legislation 2.pdf R-09-0407 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones PH.4 09-00883 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER AN Community ADVERTISED PUBLIC HEARING, AUTHORIZING THE CITY MANAGER TO Development SUBMIT A REQUEST TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR AN EXCEPTION TO THE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM CONFLICT OF INTEREST PROVISIONS, TO ALLOW A CITY OF MIAMI EMPLOYEE TO APPLY FOR CDBG FUNDS IN THE CITY OF MIAMI DISASTER RELIEF PROGRAM, FOR THE REHABILITATION OF A RENTAL PROPERTY KNOWN AS THE LEAF, LOCATED AT 7035 NORTHEAST 4TH COURT, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 09-00883 Legislation.pdf 09-00883 Summary Form.pdf 09-00883 Public Notice.pdf 09-00883 Letter.pdf 09-00883 Conflict of Interest.pdf 09-00883 Ethics Commissioners.pdf 09-00883 Pre-Legislation.pdf City ofMiami Page 12 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 R-09-0408 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 PH.5 09-00885 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $40,000 FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT- DISTRICT 2 RESERVE ACCOUNT AND $79,800 FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT - DISTRICT 5 RESERVE ACCOUNT; ALLOCATING SAID FUNDS, IN THE TOTAL AMOUNT OF $119,800, TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT MICRO -ENTERPRISE ASSISTANCE PROGRAM FOR THE BUSINESSES SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID BUSINESSES FOR SAID PURPOSE. 09-00885 Legislation.pdf 09-00885 Exhibit 1.pdf 09-00885 Exhibit 2.pdf 09-00885 Summary Form.pdf 09-00885 Public Notice.pdf R-09-0409 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones PH.6 09-00886 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT - Development RECOVERY ACT FUNDS, IN THE AMOUNT OF $1,597,641; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI, CAPITAL IMPROVEMENTS PROGRAM OFFICE, FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES FOR THE RENOVATION OF ROADWAYS IN PRIMARILY RESIDENTIAL LOW TO MODERATE INCOME AREAS OF THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. City ofMiami Page 13 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 SR.1 09-00499 Department of Employee Relations SR.2 09-00555 Department of Public Works 09-00886 Legislation.pdf 09-00886 Summary Form.pdf 09-00886 Public Notice.pdf 09-00886 Pre Legislation 1.pdf 09-00886 Pre Legislation 2.pdf 09-00886 Amendment -Annual Action.pdf 09-00886 Certifications.pdf R-09-0410 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 END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, DEPARTMENTS," BY REPEALING CODE SECTIONS 2-581 THROUGH 2-582 IN THEIR ENTIRETY AND REPEALING SECTIONS 2-693 AND 694 IN THEIR ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF A DIVISION 15, WHICH CREATES THE OFFICE OF EQUAL OPPORTUNITY AND DIVERSITY PROGRAMS; PROVIDING FOR THE APPOINTMENT OF THE EQUAL OPPORTUNITY AND DIVERSITY PROGRAMS (EODP) ADMINISTRATOR BY THE CITY MANAGER; DESIGNATING THE EODP ADMINISTRATOR AS THE CITY'S EQUAL OPPORTUNITY OFFICER (A/K/A) AFFIRMATIVE ACTION OFFICER; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00499 Legislation FR/SR.pdf 09-00499 Summary Form FR/SR.pdf 13086 MOVED: SECONDED: UNANIMOUS Tomas Regalado Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17, ENTITLED "ENVIRONMENTAL PRESERVATION," AND City ofMiami Page 14 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 CHAPTER 54, ENTITLED "STREETS AND SIDEWALKS," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTIONS, AS STATED HEREIN, AMENDING DEFINITIONS AND CONCERNING THE ADMINISTRATION OF CONSTRUCTION AND STREET RIGHT-OF-WAY USE PERMITS ISSUED BY THE PUBLIC WORKS DEPARTMENT TO CONFORM TO NEW LAND MANAGEMENT AND ELECTRONIC PERMITTING PROCEDURES; TO FURTHER CLARIFY AND UPDATE THE EXTENT OF THE CONSTRUCTION, MAINTENANCE AND REPAIR RESPONSIBILITIES BY PROPERTY OWNERS FOR STREET IMPROVEMENTS; TO ADD DEFINITIONS; REVISING THE APPEAL PROVISION FOR PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00555 Summary Form FR/SR.pdf 7-23-09 09-00555 Legislation SR 9-10-09.pdf 13087 MOVED: SECONDED: UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Marc David Sarnoff Tomas Regalado Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING FR.1 09-00890 ORDINANCE First Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioner CHAPTER 57 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Marc David AMENDED, ENTITLED: "VEHICLES FOR HIRE," BY CREATING A NEW Sarnoff ARTICLE III, ENTITLED "PEDICABS FOR HIRE", TO REGULATE PEDICABS ON THE PUBLIC STREETS AND SIDEWALKS IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00890 Legislation.pdf MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones FR.2 09-00891 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Attorney CHAPTER 42/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE/VEHICLE IMPOUNDMENT," BY PROVIDING NEW NOTICE REQUIREMENTS; CHANGING THE City ofMiami Page 15 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 BURDEN OF PROOF TO 'CLEAR AND CONVINCING' FROM 'PREPONDERANCE OF THE EVIDENCE;' PROVIDING FOR AN INNOCENT OWNER DEFENSE; MORE PARTICULARLY BY AMENDING SECTIONS 42-120, 42-121 AND 42-122; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00891 Legislation.pdf 09-00891 Memo.pdf MOVED: Marc David Sarnoff SECONDED: UNANIMOUS Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones FR.3 09-00904 ORDINANCE First Reading City Manager's (4/5THS VOTE) Office AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION," MORE PARTICULARLY BY AMENDING ARTICLE X ENTITLED "CODE ENFORCEMENT," BY INCREASING THE PENALTIES FOR VIOLATIONS OF ARTICLE 10 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00904 Legislation.pdf 09-00904 Summary Form.pdf MOVED: Angel Gonzalez SECONDED: UNANIMOUS Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Vice Chair Spence -Jones to the Administration to provide a report on the revenue collected from illegal billboards, and to provide said report before the second reading of this ordinance scheduled for September 24, 2009. FR.4 09-00928 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING Clerk PROVISIONS FOR EARLY VOTING IN THE CITY OF MIAMI, PURSUANT TO FLORIDA STATUTE §100.3605, FOR THE MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2009; DESIGNATING CERTAIN SITES AND TIMES FOR EARLY VOTING; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 09-00928 Legislation.pdf 09-00928 Memo.pdf 09-00928 Map.pdf MOVED: Angel Gonzalez SECONDED: Michelle Spence -Jones City ofMiami Page 16 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 FR.5 09-00909 Department of Employee Relations FR.6 09-00951 Department of Employee Relations UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," MORE PARTICULARLY BY AMENDING SECTIONS 40-244 AND 40-246, TO REFLECT CHANGE IN ACTUARIAL ASSET METHOD FROM THREE YEAR ASSET SMOOTHING TO FIVE YEAR ASSET SMOOTHING WITH PARTIAL PHASE IN; CHANGE FROM LEVEL DOLLAR TO LEVEL PERCENT OF PAY AMORTIZATION OF THE UNFUNDED ACTUARIAL ACCRUED LIABILITY; AND TO CLARIFY CHANGES IN ACTUARIAL METHODS AND ASSUMPTIONS, CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00909 Legislation.pdf 09-00909 Summary Form.pdf MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Angel Gonzalez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST" TO AMEND THE ORDINANCE; MORE PARTICULARLY BY AMENDING SECTIONS 40-191, 40-196, 40-200, 40-202, 40-203, AND 40-205; THEREBY INCREASING FIREFIGHTERS' MEMBER CONTRIBUTIONS FROM EIGHT PERCENT TO NINE PERCENT AND CHANGING FIREFIGHTERS' RULE OF 64 TO THE RULE OF 68; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00951 Legislation. pdf 09-00951 Summary Form.pdf 09-00951 Letter.pdf 09-00951-Submittal-Correspondence-Michael Tierney. pdf MOVED: Angel Gonzalez SECONDED: UNANIMOUS Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 17 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 FR.7 08-00687 Department of Employee Relations FR.8 09-00933 Department of Off -Street Parking AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, directing the City Attorney to hire an expert for pension stabilization and pension plans that represents management's side of labor to do a full evaluation on the Gates case, and to the extent that they agree, that the City then proceed with all actions necessary to get clarification on the City's obligations under Gates 1 and 2. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to reconsider the previous motion made by Commissioner Sarnoff directing the City Attorney to hire an expert for pension stabilization and pension plans. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, directing the City Attorney to retain counsel specializing in representing management and pension matters and for the City to undertake any and all legal action in law or in equity to obtain relief from the Gates judgment or to terminate the Gates judgment. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," TO AMEND AND UPDATE THE ORDINANCE; MORE PARTICULARLY BY AMENDING SECTIONS 40-245, 40-250,40-254, 40-255 AND 40-266; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00687 Legislation 9-10-09.pdf 08-00687 Summary Form 9-10-09.pdf 08-00687 Letter 1 9-10-09.pdf 08-00687 Letter 2 9-10-09.pdf 08-00687 Letter 3 9-10-09.pdf 08-00687 Retirement Trust 9-10-09.pdf 08-00687 Letter 4 9-10-09.pdf 08-00687 Letter 5 9-10-09.pdf MOVED: Joe Sanchez SECONDED: UNANIMOUS Marc David Sarnoff Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones ORDINANCE First Reading AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA (WITH ATTACHMENTS), SUPPLEMENTING THAT CERTAIN ORDINANCE NO. 11693 ENACTED BY THE CITY COMMISSION ON AUGUST 14, 1998, AS FURTHER AMENDED AND SUPPLEMENTED; AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $70,000,000 AGGREGATE PRINCIPAL AMOUNT OF ITS PARKING SYSTEM REVENUE AND REVENUE REFUNDING BONDS, SERIES 2009, IN ONE OR MORE SERIES TO BE ISSUED ON A TAX-EXEMPT AND/OR A TAXABLE BASIS, FOR THE City ofMiami Page 18 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 PURPOSE OF REFUNDING ON A CURRENT BASIS ALL OF ITS OUTSTANDING TAX-EXEMPT VARIABLE RATE PARKING SYSTEM REVENUE REFUNDING BONDS, SERIES 2008 AND ALL OF IT'S OUTSTANDING TAXABLE VARIABLE RATE PARKING SYSTEM REVENUE REFUNDING BONDS, SERIES 2008 AND FINANCING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN PARKING FACILITIES; PROVIDING FOR THE FUNDING OF THE RESERVE ACCOUNT; PROVIDING FOR THE PAYMENT OF CERTAIN COSTS OF ISSUANCE IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2009 BONDS; MAKING CERTAIN FINDINGS AND DETERMINATIONS; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE BONDS; APPROVING THE SENDING OF A CONDITIONAL NOTICE OF REDEMPTION; AUTHORIZING THE REFUNDING OF THE SERIES 2008 BONDS; APPROVING THE SERIES 2009 PROJECT; AUTHORIZING THE TERMINATION OF THE SWAP ENTERED INTO IN CONNECTION WITH THE TAX-EXEMPT SERIES 2008 BONDS AND PROVIDING FOR PAYMENT OF ANY TERMINATION PAYMENT IN CONNECTION THEREWITH AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TERMINATION AGREEMENT; RATIFYING, CONFIRMING AND APPROVING THE SELECTION OF THE UNDERWRITERS AND LEGAL COUNSEL BY THE DEPARTMENT FOR THE BONDS; AUTHORIZING A NEGOTIATED SALE OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT; APPROVING UNCERTIFICATED BOOK -ENTRY ONLY REGISTRATION OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND PROVIDING FOR THE SELECTION OF A FINANCIAL PRINTER THEREFOR; DESIGNATING A TRUSTEE, PAYING AGENT AND BOND REGISTRAR; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUSTEE, PAYING AGENT AND BOND REGISTRAR AGREEMENT; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DISCLOSURE DISSEMINATION AGENT AGREEMENT AND DESIGNATING DIGITAL ASSURANCE CERTIFICATION, L.L.C., AS DISSEMINATION AGENT THEREUNDER; AUTHORIZING THE DIRECTOR OF THE DEPARTMENT TO NEGOTIATE FOR AND OBTAIN A BOND INSURANCE POLICY AND/OR A RESERVE PRODUCT AND THE CITY MANAGER TO EXECUTE AND DELIVER ANY AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY AND THE DEPARTMENT TO TAKE ALL ACTIONS DEEMED NECESSARY OR REQUIRED IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE SERIES 2009 BONDS, THE REFUNDING OF THE SERIES 2008 BONDS AND THE TERMINATION OF THE SWAP; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. 09-00933 Memo.pdf 09-00933 Legislation.pdf MOVED: Michelle Spence -Jones SECONDED: UNANIMOUS Angel Gonzalez City ofMiami Page 19 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction from Vice Chair Spence -Jones to the Chief Executive Officer of the Miami Parking Authority to utilize individuals in the apprenticeship program of the Miami Works Program for employment opportunities during the construction of the interior of its facility next to the downtown courthouse, and to contact her office to obtain a list of individuals to be referred to the contractor. END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 09-00892 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDING, IN AN AMOUNT NOT TO EXCEED $11,086,850, CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES, FOR THE COPS HIRING RECOVERY PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF AND ADMINISTRATION OF SAID GRANT. City ofMiami Page 20 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 09-00892 Legislation.pdf 09-00892 Exhibit 1.pdf 09-00892 Exhibit 2.pdf 09-00892 Summary Form.pdf 09-00892 Letter. pdf 09-00892 Memorandum 1.pdf 09-00892 Memorandum 2.pdf 09-00892 Memorandum 3.pdf 09-00892 E-Mail.pdf 09-00892 Budgetary Impact Analisys.pdf 09-00892 Total Cost.pdf 09-00892 Cops Hiring Recovery 1.pdf 09-00892 Cops Hiring Recovery Program C.pdf 09-00892 Applicant Information.pdf 09-00892 Organization Unit.pdf 09-00892Type of Applicant.pdf 09-00892Congressional Districts.pdf 09-00892 Executive Order 12372.pdf 09-00892 Application for SF-424.pdf 09-00892 General Instructions.pdf 09-00892 General Agency Information.pdf 09-00892 CHRP PROGRAM REQUEST. pdf 09-00892 NEED FOR FEDERAL ASSISTANCE.pdf 09-00892 LAW ENFORCEMENT & COMMUNITY.pdf 09-00892 CONTINUATION OF PROJECT AFTER.pdf 09-00892 BUDGET DETAIL WORKSHEETS.pdf 09-00892 FULL TIME SWORM OFFICER INF.pdf 09-00892 SECTION 7.pdf 09-00892 BUDGET SUMMARY.pdf 09-00892 ASSURANCE.pdf 09-00892 CERTIFICATIONS.pdf 09-00892 DISCLOSURE OF LOBBYING.pdf 09-00892 REVIEW AND REPRES.pdf 09-00892 THANK YOU FOR SUBMITTING -COPS APPLICATIN.pdf 09-00892-Summary Fact Sheet.pdf R-09-0411 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.2 09-00893 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT Improvements AWARDED TO AMERICAN EARTH MOVERS INC., FOR THE PROJECT Program ENTITLED, "ADEMAR AND DAVIS CANALS MAINTENANCE DREDGING, B-50680," FOR ADDITIONAL WORK, IN AN AMOUNT NOT TO EXCEED $159,560, INCREASING THE CONTRACT FROM $948,444, TO $1,108,044; ALLOCATING FUNDS, FOR SAID INCREASE, FROM CAPITAL City ofMiami Page 2] Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 IMPROVEMENT PROJECT NO. B-50680; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1., IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-00893 Legislation.pdf 09-00893 Exhibit.pdf 09-00893 Summary Form.pdf 09-00893 Wheel Wash Facility.pdf 09-00893 Memo.pdf 09-00893 Contract Execution Form.pdf 09-00893 Public Payment Bond.pdf 09-00893 Text File Report.pdf 09-00893 Economic Stimulus.pdf R-09-0412 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones RE.3 09-00895 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "USEPA NATIONAL CLEAN DIESEL FUNDING ASSISTANCE PROGRAM" AND APPROPRIATING FUNDS, CONSISTING OF A GRANT AWARDED FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, IN AN AMOUNT NOT TO EXCEED $731,850, TO ACQUIRE BIODIESEL REFUSE HAULERS FOR THE CITY OF MIAMI'S ("CITY'S") BIODIESEL FLEET CONVERSION; AUTHORIZING THE CITY'S REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $2,195,550, FROM CAPITAL IMPROVEMENT PROJECT MACHINERY AND EQUIPMENT ACCOUNT NO. 39000.213000.664000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 09-00895 Legislation.pdf 09-00895 Exhibit.pdf 09-00895 Summary Form.pdf 09-00895 Email.pdf DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to table Item RE.3. A motion was made by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, and was passed unanimously, with Commissioner Gonzalez absent, to defer item RE.3 to the Commission meeting currently scheduled for September 24, 2009. RE.4 09-00899 RESOLUTION City ofMiami Page 22 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "URBAN AREA SECURITY INITIATIVE (" UASI") GRANT PROGRAM FISCAL YEAR 2008", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $11,271,885, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH ITS CONTIGUOUS COUNTIES, MIAMI-DADE AND MONROE, AND THE CITY OF HIALEAH, SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED. 09-00899 Legislation.pdf 09-00899 Exhibit 1.pdf 09-00899 Exhibit 2.pdf 09-00899 Exhibit 3.pdf 09-00899 Exhibit 4.pdf 09-00899 Summary Form.pdf 09-00899 FUND TITLE.pdf R-09-0413 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 RE.5 09-00901 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE Commissioner ELIMINATION OF THE CAP ON THE STATE AND LOCAL HOUSING Marc David TRUST FUNDS AND FULL APPROPRIATION OF THE HOUSING TRUST Sarnoff FUNDS FOR HOUSING PROGRAMS IN FISCAL YEAR 2010-2011; URGING THE GOVERNOR AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO ADOPT STATUTORY CHANGES DURING THE 2010 SESSION TO REPEAL THE CAP; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE DESIGNATED OFFICIALS HEREIN. 09-00901 Legislation.pdf City ofMiami Page 23 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 R-09-0414 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 RE.6 09-00902 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE PROFESSIONAL Improvements SERVICES AGREEMENT ("PSA") WITH LEO A. DALY COMPANY, FOR Program ADDITIONAL SERVICES NECESSARY FOR THE MELREESE CLUBHOUSE AND RESTAURANT PROJECT, B-30566, IN AN AMOUNT NOT TO EXCEED $66,738, THEREBY INCREASING THE PSA FROM $595,399.74, TO A TOTAL AMOUNT NOT TO EXCEED $662,137.74; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL PROJECT NO. B-30566; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-00902 Legislation.pdf 09-00902 Exhibit.pdf 09-00902 Summary Form.pdf 09-00902 Amendment No.1 .pdf 09-00902 Corporate Resolution.pdf 09-00902 Text File Report.pdf 09-00902 Table of Contents.pdf R-09-0415 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 RE.7 09-00903 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT Improvements AWARDED TO TRAN CONSTRUCTION INC., FOR ADDITIONAL WORK Program NECESSARY FOR THE PROJECT ENTITLED "MELREESE CLUBHOUSE AND RESTAURANT, B-30566", IN AN AMOUNT NOT TO EXCEED $619,202.58, THEREBY INCREASING THE CONTRACT FROM $3,662,148, TO A TOTAL AMOUNT NOT TO EXCEED $4,281,350.58; ALLOCATING FUNDS FOR SAID INCREASE, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30566; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1., IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofMiami Page 24 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 09-00903 Legislation.pdf 09-00903 Exhibit.pdf 09-00903 Summary Form.pdf 09-00903 Section 6-Contract Form.pdf 09-00903 Nielson, Alter & Associates.pdf 09-00903 Power of Attorney 1.pdf 09-00903 Form of Payment Bond.pdf 09-00903 Power of Attorney 2.pdf 09-00903 Text File Report.pdf R-09-0416 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 RE.8 09-00911 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CITY ATTORNEY TO RETAIN THE LAW FIRM OF DE LA 0, MARKO, MAGOLNICK & LEYTON, TO PURSUE A LAWSUIT AGAINST CERTAIN CONSTRUCTION, ENGINEERING, AND INSURANCE COMPANIES, WITH SAID FIRM TO BE COMPENSATED ON A CONTINGENCY FEE BASIS WITH COSTS TO BE APPROPRIATED FROM ACCOUNT NO. 00001.980000.531010.0000.00000. 09-00911 Legislation.pdf 09-00911 Memo.pdf R-09-0417 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 RE.9 09-00926 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), MAKING FINDINGS, AND DIRECTING THE Improvements PERMANENT PROHIBITION OF VEHICULAR ACCESS ALONG A Program PORTION OF SOUTHWEST 27 LANE, JUST EAST OF SOUTHWEST 26 AVENUE, MIAMI, FLORIDA, SUBJECT TO THE APPROVAL OF THE MIAMI-DADE COUNTY TRAFFIC DIRECTOR, IN THE NORTH COCONUT GROVE NEIGHBORHOOD OF THE CITY OF MIAMI, FLORIDA, IN ACCORDANCE WITH EXHIBIT "A", ATTACHED AND INCORPORATED, SUBJECT TO CONDITIONS AS SET FORTH HEREIN. City ofMiami Page 25 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 09-00926 Legislation.pdf 09-00926 Exhibit.pdf 09-00926 Summary Form.pdf 09-00926 Pre-Resolution.pdf R-09-0418 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones RE.10 09-00952 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS,CONSISTING OF A GRANT RECEIVED FROM THE FISCAL YEAR 2009 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AWARD, FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $2,562,410, TO PROVIDE FUNDING TO HIRE ADDITIONAL POLICE CIVILIAN SUPPORT PERSONNEL AND PURCHASE LAPTOP COMPUTERS TO ENSURE THAT SWORN LAW ENFORCEMENT OFFICERS ARE MORE AVAILABLE ON THE STREET IN AN EFFORT TO REDUCE AND PREVENT CRIME; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 09-00952 Legislation.pdf 09-00952 Exhibit 1.pdf 09-00952 Exhibit 2.pdf 09-00952 Exhibit 3.pdf 09-00952 Exhibit 4.pdf 09-00952 Exhibit 5.pdf 09-00952 Exhibit 6.pdf 09-00952 Exhibit 7.pdf 09-00952 Exhibit 8.pdf 09-00952 Exhibit 9.pdf 09-00952 Exhibit 10.pdf 09-00952 Exhibit 11.pdf 09-00952 Exhibit 12.pdf 09-00952 Exhibit 13.pdf 09-00952 Summary Form.pdf 09-00952 Memo.pdf 09-00952 Letter Mr. Ruano 1.pdf 09-00952 Letter Mr. Ruano 2.pdf 09-00952-Summary Fact Sheet.pdf City ofMiami Page 26 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 R-09-0419 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 RE.11 09-00957 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY HOLLEY RAUEN AND NIKKI HARTMAN, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $95,000 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 HOLLEY RAUEN AND NIKKI HARTMAN VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 06-21182-CIV-ALTONAGA, 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 THE SPECIAL PAY ACCOUNT NO. 05002.301001.515000.0000.00000. 09-00957 Legislation.pdf 09-00957 Memo. 1pdf 09-00957 Memo 2.pdf R-09-0420 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 RE.12 09-00946 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), ESTABLISHING A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS THE ROCKERMAN CANAL SPECIAL ASSESSMENT DISTRICT; AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FOR A PERIOD OF FOUR (4) YEARS PURSUANT CHAPTER 170, FLORIDA STATUTES (2008); PROVIDING FOR NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, AND ALL OTHER NECESSARY CITY OFFICIALS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE City ofMiami Page 27 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 PURPOSE SET FORTH IN THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170 FLORIDA STATUTES. 09-00946 Legislation.pdf 09-00946 Exhibit 1.pdf 09-00946 Exhibit 2.pdf 09-00946 Exhibit 3.pdf 09-00946 Summary Form.pdf 09-00946 Manuel Alonso-Poch.pdf R-09-0421 MOVED: SECONDED: Marc David Sarnoff 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.13 09-00977 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CBS SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO ALLOW FOR 1,000 FOOT SPACING FOR THE FOLLOWING THREE LOCATIONS, REQUIRING AN INITIAL AMENDED PERMIT: (A) THE FUJIMO LOCATION - 3621 NORTHEAST 1ST COURT; (B) THE OVERTOWN PLAZA LOCATION - 1490 NORTHWEST 3RD AVE.; AND (C) THE BLACK HISTORY MUSEUM LOCATION - 433 NORTHWEST 10TH STREET, MIAMI, FLORIDA; AND FURTHER AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF TRANSPORTATION OF THE CITY OF MIAMI'S INTENTION AS AGREED IN THE AMENDMENT. 09-00977 Legislation.pdf 09-00977 Exhibit.pdf 09-00977 Summary Form.pdf WITHDRAWN RE.14 09-00714 RESOLUTION District 5- Vice A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Chair Michelle ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Spence -Jones MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, FOR THE PURPOSE OF THE CITY OF MIAMI TO FUND, WITH A GRANT FROM THE MEDICAL HEALTH GROUP WITH SUPPORT FROM THE NATIONAL FOOTBALL LEAGUE, IN AN AMOUNT NOT TO EXCEED $100,000, THE CONSTRUCTION/INSTALLATION OF A PLAYGROUND FOR THE LIBERTY SQUARE PUBLIC HOUSING DEVELOPMENT. 09-00714-Legislation-SUB. pdf 09-00714 Exhibit 1.pdf 09-00714 Exhibit 2.pdf City ofMiami Page 28 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 R-09-0422 MOVED: SECONDED: Michelle Spence -Jones Marc David Sarnoff Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez RE.15 09-01000 RESOLUTION District 3- Chair A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE Joe Sanchez CITY ATTORNEY TO DRAFT AN ORDINANCE, SUBJECT TO ANY FLORIDA STATE LAW PREEMPTIONS, PROHIBITING ANY DRIVER FROM SENDING TEXT OR E-MAIL MESSAGES WHILE DRIVING IN SCHOOL ZONES, SUCH ORDINANCE TO INCLUDE PENALTIES FOR VIOLATIONS. 09-01000 Legislation.pdf 09-01000-Submittal-Commissioner Sanchez.pdf NO ACTION TAKEN 09-01000a ORDINANCE Non -Agenda AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER XX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "XX", TO PROHIBIT THE ACT OF TEXTING WHILE DRIVING IN A SCHOOL ZONE; PROVIDING FOR IMPLEMENTATION OF THE PROHIBITION; PROVING FOR A PENALTY; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOVED: Joe Sanchez SECONDED: Marc David Sarnoff Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez END OF RESOLUTIONS 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 City ofMiami Page 29 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 08-01177 memo 9-10-09.pdf MOVED: SECONDED: Michelle Spence -Jones Tomas Regalado Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez BC.2 08-01260 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-01260 memo 9-10-09.pdf 08-01260 members 9-10-09.pdf 08-01260 applications 9-10-09.pdf MOVED: SECONDED: Michelle Spence -Jones Tomas Regalado NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez BC.3 09-00324 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 30 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 APPOINTEES: 09-00324 memo 9-10-09.pdf 09-00324 members 9-10-09.pdf MOVED: SECONDED: Michelle Spence -Jones Tomas Regalado NOMINATED BY: Chair Joe Sanchez Commissioner Angel Gonzalez Commissioner Tomas Regalado Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez BC.4 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 9-10-09.pdf 09-00413 members 9-10-09.pdf MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez BC.5 09-00538 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City ofMiami Page 31 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 (youth non -voting member) (for an unexpired term ending 11/12/09) 09-00538 memo 9-10-09.pdf 09-00538 members 9-10-09.pdf 09-00538 applications 9-10-09.pdf MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones City Manager Pedro G. Hernandez Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez BC.6 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: 09-00593 memo 9-10-09.pdf 09-00593 members 9-10-09.pdf MOVED: SECONDED: Michelle Spence -Jones Tomas Regalado Commissioner Tomas Regalado Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez BC.7 09-00660 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Angel Gonzalez City ofMiami Page 32 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 BC.8 BC.9 (for an unexpired term ending 7/9/10) (for an unexpired term ending 5/7/10) (for an unexpired term ending 7/9/10) (for an unexpired term ending 7/9/10) 09-00660 memo 9-10-09.pdf 09-00660 members 9-10-09.pdf MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado Commissioner Tomas Regalado Mayor Manuel Diaz Mayor Manuel Diaz Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez 09-00667 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00667 memo 9-10-09.pdf 09-00667 members 9-10-09.pdf 09-00667-Resumes 09-10-09.pdf MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado NOMINATED BY: Chair Joe Sanchez Chair Joe Sanchez Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez 09-00705 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 33 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 APPOINTEES: 09-00705 Memo 09-10-09.pdf 09-00705 members 9-10-09.pdf MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Tomas Regalado Mayor Manuel A. Diaz Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez BC.10 09-00865 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Voting Member) (Ex-Officio Non Voting Youth Member) 09-00865 memo 9-10-09.pdf 09-00865 members 9-10-09.pdf NOMINATED BY: Vice -Chair Michelle Spence -Jones Commissioner Angel Gonzalez Mayor Manuel A. Diaz Pedro G. Hernandez Pedro G. Hernandez City ofMiami Page 34 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 MOVED: SECONDED: Michelle Spence -Jones Tomas Regalado Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez BC.11 09-00866 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: 09-00866 memo 9-10-09.pdf 09-00866 members 9-10-09.pdf MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Tomas Regalado Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez BC.12 09-00867 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: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez City ofMiami Page 35 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 09-00867 memo 10-8-09.pdf 09-00867 members 10-8-09.pdf 09-00867 applications 10-8-09.pdf MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez BC.13 09-00868 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/CATEGORY: (Landscape Architect) (Architectural Historian) (Alternate) 09-00868 memo 10-8-09.pdf 09-00868 members 10-9-09.pdf 09-00868 applications 10-8-09.pdf NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez BC.14 09-00869 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: Vice Chair Michelle Spence -Jones City ofMiami Page 36 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 (for an unexpired term ending 5/13/12) Commissioner Angel Gonzalez Commission -at -Large (Alternate -at -Large) (for an unexpired term ending 9/10/11) 09-00869 memo 10-8-09.pdf 09-00869 members 10-8-09.pdf MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez BC.15 09-00870 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00870 memo 10-8-09.pdf 09-00870 members 10-8-09.pdf MOVED: SECONDED: Michelle Spence -Jones Tomas Regalado NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez BC.16 09-00871 RESOLUTION City ofMiami Page 37 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00867 memo 10-8-09.pdf 09-00867 members 10-8-09.pdf MOVED: SECONDED: Michelle Spence -Jones Tomas Regalado NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commission -at -Large Commission -at -Large Commission -at -Large Mayor Manuel A. Diaz Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez END OF BOARDS AND COMMITTEES PART B The following item(s) shall not be considered before 10:00 am. PZ.1 09-00874zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 10, SECTION 10.1, ENTITLED "PURPOSE OF SIGN REGULATIONS; APPLICABILITY; CRITERIA", BY ADDING A NEW SECTION 10.1.8 TO CLARIFY THE INTENT OF THE CITY OF MIAMI TO OPT OUT OF CHAPTER 33, ARTICLE VI, DIVISION 5 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES ENTITLED "COMMERCIAL SIGNS ON EXPRESSWAY RIGHT-OF-WAY," IN ACCORDANCE WITH SECTION 33-121.11 THEREOF, SPECIFICALLY REGARDING SIGNS IN PROXIMITY TO EXPRESSWAYS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City ofMiami Page 38 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Pending recommendation on September 2, 2009. PURPOSE: This will clarify the intent of the City of Miami to opt out of Chapter 33, Article VI, Division 5 of the Miami -Dade County Code of Ordinances entitled "Commercial Signs on Expressway Right -of -Way," in accordance with Section 33-121.11 thereof. 09-00874zt CC Legislation (Version 2).pdf 09-00874zt CC FR 09-10-09 Fact Sheet.pdf MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez Direction by Commissioner Sarnoff to the Administration to meet with Assistant City Attorney Warren Bittner before second reading and to work out any issues that may exist. END OF PLANNING AND ZONING ITEM 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 City ofMiami Page 39 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 D2.1 09-00908 DISCUSSION ITEM DISCUSSION REGARDING ROYAL PALM TREES AND OTHER EXISTING TREES ON BISCAYNE BOULEVARD. DISCUSSION CONCERNING FLORIDA DEPARTMENT OF TRANSPORTATION'S ALLEGED GOAL TO REMOVE OR RELOCATE ROYAL PALM TREES FROM BISCAYNE BOULEVARD BETWEEN NE 15TH STREET AND NE 38TH STREET. IS THIS TRUE? IF YES, CAN A SOLUTION BE FOUND? IN ADDITION, THE MORNINGSIDE CIVIC ASSOCIATION (MCA) HAS REQUESTED SCENIC CORRIDOR STATUS FOR BISCAYNE BOULEVARD. WHAT IS THE STATUS OF THIS REQUEST? TIMELINE? 09-00908 Email.pdf 09-00908-Email-City Manager.pdf 09-00908-Submittal-Memo-City Manager.pdf 09-00908-Summary Report.pdf DISCUSSED Direction by Commissioner Sarnoff to the Administration to expeditiously bring forth all efforts necessary to declare the Biscayne Blvd. area as a scenic corridor. Direction by Commissioner Sarnoff to the Administration that following a decision made by the Planning Advisory Board, that this matter be brought before the City Commission in an expeditious fashion for its consideration. D2.2 09-00934 DISCUSSION ITEM DISCUSSION ABOUT PURCHASING CARDS (P-CARDS). WHO HAS THEM, HOW ARE THEY USED AND WHO MONITORS THEIR USE? WHAT IS THE MONTHLY EXPENSE? WHO IS IN CHARGE? RESULTS FROM A RECENT AUDIT? COST SAVINGS WILL BE DISCUSSED. 09-00934 Email.pdf INDEFINITELY DEFERRED D2.3 09-00942 DISCUSSION ITEM DISCUSSION REGARDING PURCHASE ORDERS (P.O.'S) AND THEIR APPLICATION TO ACCESS BOND MONEY. PLEASE DESCRIBE WHO CREATES A PURCHASE ORDER? PLEASE DESCRIBE WHO RECEIVES THE PURCHASE ORDER? PLEASE DESCRIBE THE TIMELINE AND DELAYS, IF ANY, PERTAINING TO PURCHASE ORDERS CREATED TO ACCESS BOND MONEY. 09-00942 Email.pdf INDEFINITELY DEFERRED END OF DISTRICT 2 DISTRICT 3 City ofMiami Page 40 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 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 NON AGENDA ITEMS NA.1 09-01031 DISCUSSION ITEM NA.2 09-01032 NA.3 RECOGNITION OF CHIEF MAURICE KEMP AND HIS SWEARING IN CEREMONY AS THE CITY'S NEW FIRE CHIEF SCHEDULED FOR FRIDAY, SEPTEMBER 11, 2009. DISCUSSED DISCUSSION ITEM BRIEF COMMENT BY COMMISSIONER GONZALEZ REGARDING THE SUNSHINE LAW. DISCUSSED 09-01033 DISCUSSION ITEM DISCUSSION BY THE CITY ATTORNEY REQUESTING AN ATTORNEY -CLIENT SESSION AT THE NEXT CITY COMMISSION MEETING OF SEPTEMBER 24, 2009, AT 2:00 PM., CLOSED TO THE PUBLIC, TO SEEK ADVICE CONCERNING THE CONSOLIDATED LITIGATION CASES OF: STEVEN K. SCHWARTZ, ETC., V. CITY OF MIAMI, ET AL., CASE NO.: 07-44810 CA 08, CONSOLIDATED WITH MARGARITTE DINGLE V. POLISH AMERICAN CLUB OF MIAMI, INC., ET AL., CASE NO.: 08-03407 CA 08, CONSOLIDATED WITH SAMMY BROWN, ET AL. V. CITY OF MIAMI, ET AL., CASE NO.: 08-80065 CA 08, CONSOLIDATED WITH THEOANDRIA KENDRICK, ETC., ET AL., V. THE POLISH AMERICAN CLUB OF MIAMI, INC., ET AL., CASE NO.: 09-44642 CA 08; FURTHER REQUESTING AN ATTORNEY -CLIENT SESSION AT THE CITY COMMISSION MEETING OF OCTOBER 8, 2009, AT 2:00 PM., CLOSED TO THE PUBLIC, TO DISCUSS PENDING LITIGATION IN THE CASE OF SIDNEY S. AND DANIELLE WELLMAN VS. CITY OF MIAMI, CASE NO.: 99-19523 CA (15), CONSOLIDATED WITH NADINE THEODORE V. CITY OF MIAMI, CASE NO.: 99-28417 CA 15. City ofMiami Page 4] Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 DISCUSSED NA.4 09-01022 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, Commissioner PURSUANT TO SECTION 54-341(E), THE RESTRICTIONS CONTAINED IN Marc David SECTION 54-341(C)(1),(2), AND (3) OF THE CODE OF THE CITY OF Sarnoff 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 SATURDAYS FROM SEPTEMBER 26, 2009 AND ENDING MARCH 20, 2010; IN AND WAIVING THE SUPPLEMENTARY USER FEE, PURSUANT TO SECTION 54-343(5) OF THE CITY CODE, FOR SAID EVENTS. 09-01022-Legislation. pdf 09-01022-Submittal-Commissioner Sarnoff.pdf R-09-0423 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez NA.5 09-01026 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THE Commissioner CITY MANAGER TO FACILITATE THE DONATION OF AN ARTIFACT Marc David FROM THE SEPTEMBER 11, 2001 WORLD TRADE CENTER DISASTER Sarnoff SITE; FURTHER REQUESTING THE CITY MANAGER TO TAKE ALL NECESSARY STEPS TO PAY FOR THE TRANSPORTION OF SAID ARTIFACT, INCLUDING THE IDENTIFICATION OF A FUNDING SOURCE NECESSARY FOR THE TRANSPORTATION OF THE ARTIFACT; ACCEPTING THE ARTIFACT IF CITY OF MIAMI ("CITY") OR PRIVATE FUNDS ARE USED TO ACQUIRE THE ARTIFACT FOR DONATION TO THE CITY. 09-01026-Legislation. pdf 09-01026-Submittal-Email-Commissioner Sarnoff.pdf 09-01026-Submittal-Commissioner Sarnoff.pdf R-09-0424 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado City ofMiami Page 42 Printed on 9/15/2009 City Commission Marked Agenda September 10, 2009 Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Regalado and Spence -Jones Commissioner Gonzalez and Sanchez City ofMiami Page 43 Printed on 9/15/2009