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HomeMy WebLinkAboutCC 2009-10-08 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, October 8, 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.6 may be heard in the number sequence or as announced by the Commission PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES 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 city' 0,011611171 Page 1 Printed on 10/14.'2009 City Commission Marked Agenda October 8, 2009 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 10/14/2009 City Commission Marked Agenda October 8, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 8th day of October 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 Chairman Joe Sanchez at 9:32 a.m., recessed at 11:56 a.m., reconvened at 2:16 p.m., and adjourned at 6:56 p.m. Note for the Record: Commissioner Gonzalez entered the meeting at 9:38 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 09-01138 CEREMONIAL ITEM MAYORAL VETOES Honoree Presenter Protocol Item Tory Jacobs Commissioner Sarnoff Medallion of Honor Pamela Burns Mayor Diaz Retirement Salute PRESENTED 1. Commissioner Sarnoff presented a Medallion of Honor to Tory Jacobs, "Mr. Brickell," on the occasion of the street co -designation of Southeast 25th Road as Tory Jacobs Boulevard. 2. Mayor Diaz presented a Retirement Salute to Pamela Burns in recognition of 28 years of service to the City of Miami, a tenure representing high-level committment and competence. (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 MEETINGS: Special City Commission Meeting of September 4, 2009 Special City Commission Meeting of September 4, 2009 on Miami 21 Regular City Commission Meeting of September 10, 2009 First Budget Hearing of September 10, 2009 MOVED: Michelle Spence -Jones City of Miami Page 3 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 SECONDED: Angel Gonzalez Motion to APPROVED PASSED by the following vote. AYES: ABSENT: ORDER OF THE DAY Commissioner Gonzalez, Sanchez, Spence -Jones and Regalado Commissioner Sarnoff END OF APPROVING MINUTES CA.1 09-01039 RESOLUTION Department of Public Works CONSENT AGENDA A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE MAINTENANCE OF STATE ROAD 933/NORTHWEST 12TH AVENUE FROM NORTHWEST 7TH STREET TO NORTHWEST 15TH STREET , MIAMI, FLORIDA, AS STATED HEREIN. 09-01039 Legislation.pdf 09-01039 Exhibit.pdf 09-01039 Summary Form.pdf CONTINUED CA.2 09-01040 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Purchasing BIDS RECEIVED AUGUST 7, 2009, PURSUANT TO INVITATION FOR BIDS NO. 163129, FROM VARIOUS VENDORS, FOR GARBAGE BAGS AND LINERS, CITYWIDE, ON AN AS -NEEDED BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-01040 Legislation.pdf 09-01040 Summary Form.pdf 09-01040 Award Recommendation .pdf 09-01040 Tabulation of Bids.pdf 09-01040 Invitation for Bids -Garbage Bags.pdf R-09-0462 This Matter was ADOPTED on the Consent Agenda. CA.3 09-01041 RESOLUTION Department of Purchasing A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED AUGUST 6, 2009, PURSUANT TO INVITATION FOR BIDS City ofMiami Page 4 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 NO. 156128, FROM STEIN PAINT COMPANY (PRIMARY) AND SHERWIN WILLIAMS (SECONDARY), FOR PAINT AND PAINT SUPPLIES, CITYWIDE, ON AN AS -NEEDED BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL, AT THE TIME OF NEED. 09-01041 Legislation.pdf 09-01041 Summary Form.pdf 09-01041 Award Recommendation.pdf 09-01041 Tabulations of Bids.pdf 09-01041 Invitation for Bids Paint & Paint.pdf R-09-0463 This Matter was ADOPTED on the Consent Agenda. CA.4 09-01042 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Purchasing BID RECEIVED AUGUST 27, 2009, PURSUANT TO INVITATION FOR BID NO. 114056, FROM AUSTIN'S DIVING CENTER, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF SCUBA DIVING EQUIPMENT AND ACCESSORIES, 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. 09-01042 Legislation.pdf 09-01042 Summary Form.pdf 09-01042 Award Recommendation.pdf 09-01042 Tabulation Sheet.pdf 09-01042 Corporation Papers..pdf 09-01042 Addendum No. 2.pdf 09-01042 Addendum No. 1.pdf 09-01042 Invitation for Bid.pdf R-09-0464 This Matter was ADOPTED on the Consent Agenda. CA.5 09-01052 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT Recreation ENTITLED: "OUT OF SCHOOL TIME SNACK PROGRAM 2009-2010" AND City of Miami Page 5 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $233,188.80, CONSISTING OF A REIMBURSEMENT GRANT AWARD RECEIVED FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILDREN NUTRITION PROGRAMS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; ALLOCATING SAID FUNDS INTO THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION SPECIAL REVENUE ACCOUNT NO. 11550.295999.534000.0.0. 09-01052 Legislation.pdf 09-01052 Exhibit 1.pdf 09-01052 Exhibit 2.pdf 09-01052 Exhibit 3.pdf 09-01052 Summary Form.pdf 09-01052 ReimbursementAmount.pdf 09-01052 Child Care Food Program Memorandum.pdf 09-01052 E-mail.pdf R-09-0465 This Matter was ADOPTED on the Consent Agenda. CA.6 09-01112 RESOLUTION District 3- Chair A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MEMBERS Joe Sanchez OF THE UNITED STATES SENATE AND THE UNITED STATES HOUSE OF REPRESENTATIVES TO SUPPORT THE "HUMANITY AND PETS PARTNERED THROUGH THE YEARS (HAPPY) ACT" (HOUSE RESOLUTION 3501), TO CREATE AN INCOME TAX DEDUCTION OF UP TO $3,500 PER YEAR, FOR QUALIFIED PET CARE EXPENSES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS STATED HEREIN. 09-01112 Legislation.pdf R-09-0466 MOVED: SECONDED: UNANIMOUS Joe Sanchez Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Adopted the Consent Agenda MOVED: SECONDED: AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Angel Gonzalez Marc David Sarnoff Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 6 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 END OF CONSENT AGENDA City of Miami Page 7 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 PH.1 09-01043 RESOLUTION Department of Public Facilities PUBLIC HEARINGS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE MIAMI WOMAN'S CLUB ("CLUB"), IN PERPETUITY, AN APPROXIMATELY TWENTY-THREE (23) FOOT WIDE BAYWALK EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, OF THE PROPERTY LOCATED AT 1737 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOR THE CONSTRUCTION OF THE BAYWALK TO BE USED AS A PERMANENT PUBLIC ACCESS TO THE WATERFRONT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL DOCUMENTS WHICH ARE NECESSARY TO EFFECTUATE SAID CONVEYANCE. 09-01043 Legislation.pdf 09-01043 Exhibit 1.pdf 09-01043 Exhibit 2.pdf 09-01043 Summary Form.pdf 09-01043 Memo.pdf 09-01043 Notice of Public Hearing.pdf CONTINUED PH.2 09-01044 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON CITY OF MIAMI OWNED PROPERTY LOCATED AT ELIZABETH STEELE PARK, 3525 EAST FAIRVIEW STREET, MIAMI, FLORIDA, TO FLORIDA POWER AND LIGHT COMPANY, A FLORIDA CORPORATION, OF A TEN (10) FOOT WIDE STRIP BY APPROXIMATELY FOUR -HUNDRED TWO (402) FEET LONG, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO CONSTRUCT, OPERATE AND MAINTAIN UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. 09-01044 Legislation.pdf 09-01044 Exhibit 1.pdf 09-01044 Exhibit 2.pdf 09-01044 Summary Form.pdf 09-01044 Memo.pdf 09-01044 Notice of Public Hearing.pdf R-09-0467 MOVED: Marc David Sarnoff City ofMiami Page 8 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 SECONDED: UNANIMOUS Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones PH.3 09-01045 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ON CITY OF MIAMI OWNED PROPERTY LOCATED AT VIRGINIA KEY ADJACENT TO ARTHUR LAMB JR ROAD, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, OF AN APPROXIMATELY FIFTEEN (15) FOOT WIDE PERPETUAL NON-EXCLUSIVE SEWER EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND SEWER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. 09-01045 Legislation.pdf 09-01045 Exhibit.pdf 09-01045 Summary Form.pdf 09-01045 Memo.pdf 09-01045 Notice of Public Hearing.pdf R-09-0468 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 09-01046 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AFTER A PUBLIC HEARING, ACCEPTING THE Improvements RECOMMENDATIONS OF THE GROVE AREA TRAFFIC CALMING STUDY, Program DATED MAY, 2008, PREPARED BY MARLIN ENGINEERING, INC.; ACCEPTING THE RECOMMENDATION OF A TRAFFIC CIRCLE AT THE INTERSECTION OF MATILDA STREET AND DAY AVENUE, MIAMI, FLORIDA ("PROJECT"); REQUESTING THAT THE MIAMI-DADE COUNTY TRAFFIC ENGINEERING DIVISION APPROVE THE IMPLEMENTATION OF THE PROJECT. City ofMiami Page 9 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 09-01046 Legislation.pdf 09-01046 Exhibit.pdf 09-01046 Summary Form.pdf 09-01046 Memo.pdf 09-01046 Notice of Public Hearing.pdf CONTINUED END OF PUBLIC HEARINGS City of Miami Page 10 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 ORDINANCES - SECOND READING SR.1 09-00890 ORDINANCE Second 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 SR.pdf 13102 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones SR.2 09-00904 ORDINANCE Second Reading City Manager's (4/STHS 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 LegislationFR/SR.pdf 09-00904 Summary FormFR/SR.pdf 13103 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 SR.3 09-00987 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Finance CHAPTER 4/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/NIGHTCLUBS," MORE PARTICULARLY BY AMENDING SECTION 4-42 THROUGH 4-76 TO CHANGE THE TERM "LICENSE" TO "BUSINESS TAX RECEIPT" AND TO AMEND THE QUALIFICATIONS FOR City of Miami Page 11 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 APPLICANTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00987 Legislation SR.pdf 09-00987 Summary Form FR/SR.pdf 13104 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 SR.4 09-00990 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Finance CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS," MORE PARTICULARLY BY AMENDING SECTIONS 39-28 THROUGH 39-31, SECTIONS 39-45 THROUGH 39-46 AND SECTION 39-52, BY DEFINING THE CONCEPT OF BUSINESS TAX RECEIPT, AS OUTLINED IN CHAPTER 31 OF THE CITY OF MIAMI CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00990 Legislation SRpdf 09-00990 Summary Form FR/SR.pdf 13105 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 SR.5 09-00991 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), AMENDING CHAPTER 31/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX," BY RE -DEFINING BUSINESS TAX, ADDING THE ENFORCEMENT PROCEDURE, UPDATING THE CATEGORY SECTION, AND INCREASING FEES FOR ALL CATEGORIES BY FIVE -PERCENT (5%); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00991-Exhibit-SU BSR. pdf 09-00991 Legislation FR/SR.pdf 09-00991 Summary Form FR/SR.pdf City of Miami Page 12 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 13106 MOVED: SECONDED: Angel Gonzalez Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: NOES: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Commissioner Sanchez SR.6 09-01064 ORDINANCE Second Reading District 3- Chair AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Joe Sanchez CHAPTER 18, ARTICLE IX, DIVISION 2 ENTITLED "FINANCE/FINANCIAL POLICIES/FINANCIAL INTEGRITY PRINCIPLES" BY EXPANDING THE BASIC FINANCIAL POLICIES AND REQUIRING THAT CERTAIN FUTURE MEMORANDUMS OF UNDERSTANDING WITH ANY COLLECTIVE BARGAINING UNIT AND THAT ALL FUTURE COLLECTIVE BARGAINING AGREEMENTS BE SUBMITTED TO THE FINANCE COMMITTEE FOR ITS RECOMMENDATION PRIOR TO RATIFICATION BY THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 09-01064 Legislation SR.pdf 13107 MOVED: SECONDED: Joe Sanchez Angel Gonzalez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Commissioner Regalado SR.7 09-01068 ORDINANCE Second Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING THE Office CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), TO AUTHORIZE THE INCREASE OF VARIOUS FEES THROUGHOUT THE CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01068 Summary Form FR/SR.pdf 13108 MOVED: Angel Gonzalez SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. City of Miami Page 13 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 SR.8 09-01000a District 3- Chair Joe Sanchez (SR.8) 09-01000b AYES: NOES: ABSENT: Commissioner Gonzalez, Sarnoff and Spence -Jones Commissioner Sanchez Commissioner Regalado ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, 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. 09-01000a Legislation SR.pdf NO ACTION TAKEN Discussion on the item resulted in the resolution below: RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO ENACT LEGISLATION DURING THE 2010 LEGISLATIVE SESSION PROHIBITING THE ACT OF TEXTING WHILE DRIVING IN A SCHOOL ZONE; DIRECTING THE CITY MANAGER TO ADD THIS TO THE CITY OF MIAMI'S ("CITY'S") LEGISLATIVE AGENDA; FURTHER DIRECTING THE CITY MANAGER TO IMPLEMENT A POLICY WHICH BANS CITY EMPLOYEES FROM TEXTING WHILE ON CITY BUSINESS OR WHEN DRIVING A CITY VEHICLE, WITH POLICE AND FIRE -RESCUE PERSONNEL BEING EXEMPT; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS STATED HEREIN. R-09-0469 MOVED: SECONDED: UNANIMOUS Joe Sanchez Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Chair Sanchez to the City Manager to make this legislation regarding texting while driving in school zones a priority with the State. END OF ORDINANCES - SECOND READINGS City of Miami Page 14 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 ORDINANCES - FIRST READING FR.1 09-01065 ORDINANCE First Reading District 3- Chair AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Joe Sanchez CHAPTER 40, ARTICLE IV, DIVISION 4 ENTITLED "CITY OF MIAMI ELECTED OFFICERS' RETIREMENT TRUST" BY LIMITING THE ELIGIBILITY OF FUTURE ELECTED OFFICERS AND INCLUDING A TERMINATION PROVISION FOR THE EXISTING TRUST; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 09-01065 Legislation FR 10-8-09.pdf 09-01065 Legislation SR.pdf MOVED: Joe Sanchez SECONDED: Marc David Sarnoff Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones NOES: Commissioner Gonzalez Direction by Chair Sanchez to the City Manager to provide three options to the City Commission regarding the structure of a 401a plan for City executives, to be brought back at the City Commission meeting currently scheduled for October 22, 2009. FR.2 09-01066 ORDINANCE First Reading District 3- Chair AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Joe Sanchez CHAPTER 40, ARTICLE IV, DIVISION 3 ENTITLED "CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST" BY FURTHER LIMITING EMPLOYEE ELIGIBILITY AND ELIMINATING THE RIGHT OF CERTAIN PERSONS TO REJECT MEMBERSHIP; CONTAINING A REPEALER AND SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 09-01066 Legislation 10-8-09.pdf MOVED: SECONDED: Joe Sanchez Tomas Regalado Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Direction by Chair Sanchez to the City Manager to schedule the second reading of this item on the agenda of the City Commission meeting currently scheduled for October 22, 2009. END OF FIRST READING ORDINANCES City of Miami Page 15 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 RESOLUTIONS RE.1 09-00992 RESOLUTION Department of A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, Finance FLORIDA, WITH ATTACHMENT(S), SUPPLEMENTING RESOLUTION NO. 07-0586, ADOPTED BY THE CITY COMMISSION ON OCTOBER 11, 2007, RELATING TO THE ISSUANCE BY THE CITY FROM TIME TO TIME OF CERTAIN SPECIAL OBLIGATION BONDS PAYABLE AS TO PRINCIPAL AND INTEREST SOLELY FROM THE PROCEEDS OF CERTAIN DESIGNATED REVENUES DESCRIBED IN RESOLUTION NO. 07-0586 AND NOT DERIVED FROM AD VALOREM TAXES; PROVIDING FOR THE ISSUANCE OF AN ADDITIONAL SERIES OF SUCH SPECIAL OBLIGATION BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $65,000,000, TO BE DESIGNATED CITY OF MIAMI, FLORIDA SPECIAL OBLIGATION BONDS, SERIES 2009 (STREET AND SIDEWALK IMPROVEMENT PROGRAM) ("SERIES 2009 BONDS"), FOR THE PURPOSES OF (I) FINANCING THE COSTS OF ACQUISITION, CONSTRUCTION AND IMPROVEMENTS TO CERTAIN ROADWAYS AND STREETSCAPES AS DESCRIBED HEREIN, (II) FUNDING A DEPOSIT TO THE RESERVE ACCOUNT FOR THE SERIES 2009 BONDS, AND (III) PAYING THE COSTS OF ISSUANCE OF THE SERIES 2009 BONDS; PROVIDING THAT THE SERIES 2009 BONDS SHALL NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION, OR A PLEDGE OF THE CITY'S FULL FAITH AND CREDIT, BUT SHALL BE PAYABLE AS TO PRINCIPAL AND INTEREST SOLELY FROM THE PROCEEDS OF CERTAIN DESIGNATED REVENUES DESCRIBED IN RESOLUTION NO. 07-0586 AND NOT DERIVED FROM AD VALOREM TAXES; PROVIDING THAT THE SERIES 2009 BONDS MAY BE ISSUED IN ONE OR MORE TAX-EXEMPT OR TAXABLE SUBSERIES; DELEGATING TO THE CITY MANAGER AUTHORITY TO DETERMINE THE TERMS OF THE SERIES 2009 BONDS WITHIN PRESCRIBED PARAMETERS; DESIGNATING A SERIES 2009 BOND REGISTRAR AND PAYING AGENT FOR THE SERIES 2009 BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AND BOND REGISTRAR AGREEMENT; FINDING NECESSITY FOR A NEGOTIATED SALE OF THE SERIES 2009 BONDS; APPROVING THE FORM OF AND AUTHORIZING EXECUTION AND DELIVERY OF A SERIES 2009 BOND PURCHASE CONTRACT; APPROVING THE FORM OF AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT RELATING TO THE SERIES 2009 BONDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE FOR AND OBTAIN CREDIT FACILITIES AND RESERVE ACCOUNT CREDIT FACILITIES AND TO EXECUTE AGREEMENTS RELATING THERETO WITH RESPECT TO THE SERIES 2009 BONDS; PROVIDING FOR A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT TO THE SERIES 2009 BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF THE HOLDERS OF THE SERIES 2009 BONDS; AUTHORIZING CITY OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE SERIES 2009 BONDS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. City of Miami Page 16 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 09-00992 Legislation.pdf 09-00992 Exhibit 1.pdf 09-00992 Exhibit 2.pdf 09-00992 Exhibit 3.pdf 09-00992 Exhibit 4.pdf 09-00992 Exhibit 5.pdf 09-00992 Exhibit 6.pdf 09-00992 Summary Form.pdf 09-00992 Master Report.pdf 09-00992 Text File Report.pdf 09-00992 Pre-Legislation.pdf 09-00992 Exhibits to Resolution 07-0586.pdf R-09-0470 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado 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.2 09-01047 RESOLUTION Office of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Transportation ATTACHMENT(S), ADOPTING THE CITY OF MIAMI ("CITY") BICYCLE MASTER PLAN, PROVIDING RECOMMENDATIONS TO MAKE MIAMI A BICYCLE -FRIENDLY CITY THROUGH THE DEVELOPMENT OF AN INTERCONNECTED BICYCLE FACILITY NETWORK PLAN, BICYCLE INFRASTRUCTURE DESIGN STANDARDS, IMPLEMENTATION STRATEGIES AND SCHEDULE, EVALUATION TOOLS, AND EDUCATION AND PUBLIC AWARENESS STRATEGIES; FURTHER DIRECTING THE CITY MANAGER TO IDENTIFY APPROPRIATE RESOURCES AMONG CITY DEPARTMENTS AND AGENCIES TO ENSURE THE PROMPT AND SUCCESSFUL IMPLEMENTATION OF THE BICYCLE MASTER PLAN, AS IT MAY BE AMENDED AS NECESSARY. 09-01047 Legislation.pdf 09-01047 Exhibit.pdf 09-01047 Summary Form.pdf 09-01047-Submittal-Miami River Commisssion.pdf 09-01047-Submittal-Miami Bicycle Master Plan.pdf R-09-0476 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez and Regalado ABSENT: Commissioner Gonzalez and Spence -Jones City of Miami Page 17 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 RE.3 09-01048 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN AMENDMENT OF THE CITY OF Improvements MIAMI'S LIST OF EXPEDITED PROJECTS, PURSUANT TO ORDINANCE Program NO. 13045, ADOPTED DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A", WITH "ATTACHMENT A-10/8/09 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. 09-01048 Legislation.pdf 09-01048-Exhibit-S U B. pdf 09-01048 Summary Form.pdf 09-01048 Text File Report.pdf 09-01048 Text File Report 2.pdf 09-01048 Attachment A.pdf R-09-0471 MOVED: SECONDED: Michelle Spence -Jones Tomas Regalado Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez and Sarnoff RE.4 09-01050 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Zoning (4/STHS) AFFIRMATIVE VOTE, GRANTING AN INCREASED NUMBER OF CLASS I SPECIAL PERMITS (BEYOND THE TWO (2) SPECIAL EVENTS ALLOWED PER YEAR), FOR THE MARY BRICKELL VILLAGE RETAIL SPECIALTY CENTER, LOCATED AT 900 AND 901 SOUTH MIAMI AVENUE, MIAMI, FLORIDA; SPECIFICALLY TO ALLOW TWENTY FIVE (25) BANNERS TO BE ACCOMMODATED AT THE MARY BRICKELL VILLAGE RETAIL SPECIALTY CENTER FOR AN ADDITIONAL EVENT RELATED TO PROMOTING THE BRICKELL VILLAGE AREA FOR A PERIOD OF SIX (6) MONTHS COMMENCING ON OCTOBER 21, 2009 THROUGH APRIL 21, 2010. 09-01050 Legislation.pdf 09-01050 Summary Form.pdf 09-01050 Application for Class I Special Permit.pdf 09-01050 Environmental Graphics Package. pdf R-09-0473 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones City of Miami Page 18 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 RE.5 09-01054 Department of NET Administration ABSENT: Commissioner Gonzalez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 09-0327, ADOPTED JULY 9, 2009, IN ITS ENTIRETY; ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2009 MIAMI-METRO HOMELESS ASSISTANCE PROGRAM -SOUTH" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $138,789, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR A ONE-YEAR PERIOD,TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS IN MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 09-01054 Legislation.pdf 09-01054 Summary Form.pdf 09-01054 Pre Legislation 1.pdf 09-01054 Master Report.pdf 09-01054 Agreement.pdf 09-01054 Master Report 2pdf 09-01054 Pre -Legislation 2.pdf 09-01054 Letter.pdf 09-01054 Technical Submission.pdf 09-01054 Attachment C.pdf 09-01054 Attachment C-1.pdf 09-01054 Attachment D.pdf 09-01054 Attachment E.pdf 09-01054 Attachment F.pdf 09-01054 Attachment G.pdf 09-01054 Attachment G-1.pdf 09-01054 W-9. pdf 09-01054 Attachment I.pdf 09-01054 Attachment J.pdf 09-01054 Attachment K.pdf 09-01054 Attachment L.pdf 09-01054 Attachment M.pdf 09-01054 Attachment N.pdf 09-01054 Attachment O.pdf 09-01054 Attachment P.pdf 09-01054 Attachment Q.pdf 09-01054 Attachment Q-1.pdf 09-01054 Attachment R.pdf 09-01054 Attachment S.pdf R-09-0472 MOVED: SECONDED: Marc David Sarnoff Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. City of Miami Page 19 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez RE.6 09-01057 RESOLUTION Department of Capital Improvements Program A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE PROFESSIONAL SERVICES AGREEMENT WITH RIZO CARRENO AND PARTNERS, INC., FOR ADDITIONAL SERVICES FOR THE FIRE STATION NO. 13 PROJECT, B-60453A, IN THE AMOUNT OF $59,500, THEREBY INCREASING THE CONTRACT FROM $462,355 TO A TOTAL CONTRACT AMOUNT NOT TO EXCEED $521,855; ALLOCATING FUNDS FROM CAPITAL PROJECT NO. B-60453A. 09-01057 Legislation.pdf 09-01057 Exhibit .pdf 09-01057 Summary Form.pdf 09-01057 Table of Contents.pdf 09-01057 Memo.pdf 09-01057 Evaluation Committee Recommendation.pdf MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED FAILED by the following vote. AYES: NOES: ABSENT: Commissioner Gonzalez and Sanchez Commissioner Sarnoff and Regalado Commissioner Spence -Jones RE.7 09-00978 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF SUPERIOR LANDSCAPING AND LAWN SERVICE, INC., IN ACCORDANCE WITH THE LOCAL PREFERENCE OPTION IN SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, PURSUANT TO INVITATION FOR BIDS NO. 08-09-036, RECEIVED AUGUST 11, 2009, FOR THE PROJECT ENTITLED "TRAFFIC CIRCLES MAINTENANCE CONTRACT, M-0020," FOR A TWO (2) YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $109,880, FOR A TOTAL TWO (2) YEAR CONTRACT AMOUNT OF $219,760, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, WITH THE OPTION TO RENEW FOR UP TO THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $109,880; ALLOCATING SAID FUNDS, FROM ACCOUNT NO. 202000.534000; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTORS PERFORMANCE. City ofMiami Page 20 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 09-00978 Legislation10-8-09pdf 09-00978 Exhibit 9-24-09.pdf 09-00978 Summary Form 10-8-09.pdf 09-00978 Letter 9-24-09 .pdf 09-00978 Unit Prices 9-24-09.pdf 09-00978 Letter 2 9-24-09.pdf 09-00978 General Condition 9-24-09.pdf WITHDRAWN RE.8 09-00979 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Police RECEIVED AUGUST 26, 2009, PURSUANT TO INVITATION FOR BIDS NO. 163128, FROM C.A. MECHANICAL, FOR AIR CONDITIONING MAINTENANCE AND REPAIR SERVICES AT VARIOUS POLICE FACILITIES, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00979 Legislation 10-8-09.pdf 09-00979 Summary Form 10-8-09.pdf 09-00979 Award Recommendation 9-24-09.pdf 09-00979 Tabulations of Bids 9-24-09.pdf 09-00979 Quote 904113 (1) 9-24-09.pdf 09-00979 Quote 904113(2) 9-24-09.pdf 09-00979 Quote 911109(1) 9-24-09. pdf 09-00979 Quote 911109(2) 9-24-09.pdf 09-00979 Quote 910109 (1) 9-24-09.pdf 09-00979 Quote 910109 (2) 9-24-09.pdf 09-00979 Quote 908110 (1) 9-24-09.pdf 09-00979 Quote 908110 (2) 9-24-09.pdf 09-00979 Quote 911111 (1) 9-24-09.pdf 09-00979 Quote 911111(2) 9-24-09.pdf 09-00979 Addendum N04 9-24-09.pdf 09-00979 Addendum NO.1 9-24-09.pdf 09-00979 Central Headquarters 9-24-09.pdf 09-00979 Invitation for Bid 9-24-09.pdf DEFERRED Note for the Record: This item was deferred to the City Commission meeting currently scheduled for October 22, 2009. RE.9 09-00889 RESOLUTION City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING AMONG THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD, THE CITY OF MIAMI, AND MIAMI DADE COLLEGE, IN SUBSTANTIALLY THE ATTACHED FORM, City ofMiami Page 2] Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 ESTABLISHING A PARTNERSHIP TO CREATE GREEN JOBS TRAINING PROGRAMS. 09-00889 Legislation 10-8-09.pdf 09-00889 Exhibit 9-24-09.pdf 09-00889 Exhibit 2 9-24-09.pdf 09-00889 Summary Form 10-8-09.pdf R-09-0477 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones RE.10 09-01062 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Commissioner SOUTHEAST 25TH ROAD FROM BRICKELL AVENUE TO BISCAYNE BAY, Marc David MIAMI, FLORIDA, AS "TORY JACOBS BOULEVARD;" FURTHER Sarnoff DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 09-01062 Legislation10-8-09.pdf 09-01062 Biography 10-8-09.pdf 09-01062 Application 9-24-09.pdf R-09-0474 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.11 09-01120 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION , PURSUANT TO Office SECTION 170.07, FLORIDA STATUTES, FIXING THURSDAY, NOVEMBER 19, 2009 AT 2:00 P.M. AT CITY HALL, LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133, AS THE TIME AND PLACE AT WHICH THE OWNERS OF THE PROPERTY TO BE ASSESSED PURSUANT TO THE PRELIMINARY ASSESSMENT ROLL ATTACHED TO RESOLUTION NO. 09-0421, ADOPTED SEPTEMBER 10, 2009, AND ON FILE WITH THE CITY OF MIAMI CLERKS OFFICE, OR ANY OTHER PERSONS INTERESTED THEREIN, MAY APPEAR BEFORE THE MIAMI CITY COMMISSION AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING THE IMPROVEMENTS, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFORE, AND AS TO THE AMOUNT THEREOF TO BE ASSESSED AGAINST EACH PROPERTY City ofMiami Page 22 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 SO IMPROVED, AS SET FORTH IN RESOLUTION NO. 09-0421. 09-01120 Legislation.pdf 09-01120 Summary Form.pdf 09-01120 Pre-Legislation.pdf 09-01120 Exhibit A.pdf 09-01120 Exhibit B-1.pdf 09-01120 Exhibit B-2.pdf 09-01120 Letter.pdf R-09-0478 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones RE.12 09-01115 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CITY ATTORNEY TO TENDER A SUM NOT TO EXCEED $500,000 TO STATE NATIONAL INSURANCE COMPANY FOR THE PURPOSE OF TRIGGERING THE INSURANCE COMPANY'S DUTY TO DEFEND AND/OR INDEMNIFY THE CITY OF MIAMI IN THE FOLLOWING LAWSUITS: STEVEN K. SCHWARTZ, ETC., VS. CITY OF MIAMI, ET AL., CASE NO.: 07-44810 CA 08; MARGARITTE DINGLE VS. POLISH AMERICAN CLUB OF MIAMI, INC., ET AL., CASE NO.: 08-03407 CA 08; SAMMY BROWN, ET AL. VS. CITY OF MIAMI, ET AL., CASE NO.: 08-80065 CA 08; AND THEOANDRIA KENDRICK, ETC., ET AL., VS. THE POLISH AMERICAN CLUB OF MIAMI, INC., ET AL., CASE NO.: 09-44642 CA 08, AND, IF ACCEPTED, AUTHORIZING THE DIRECTOR OF FINANCE TO PAY STATE NATIONAL INSURANCE COMPANY, A SUM NOT TO EXCEED $500,000, WITH FUNDS ALLOCATED FROM ACCOUNT CODE NO. 00001.980000.515000.0000.00000; AND, IF NOT ACCEPTED, AUTHORIZING THE CITY ATTORNEY TO TAKE ALL SUCH FURTHER ACTIONS NECESSARY TO PROTECT THE INTERESTS OF THE CITY OF MIAMI, INCLUDING, BUT NOT LIMITED TO, THE SETTLEMENT OF ALL THE AFOREMENTIONED CASES, ON TERMS ACCEPTABLE TO THE CITY ATTORNEY, WITH THE CITY OF MIAMI PAYING NOT MORE THAN THE AGGREGATE TOTAL AMOUNT OF $500,000, AND, IN SUCH CASE, FURTHER AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE PLAINTIFFS, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $500,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS AGENTS, OFFICERS AND EMPLOYEES, ASSERTED IN THE AFOREMENTIONED CASES, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI, WITH PREJUDICE, WITH FUNDS ALLOCATED FROM ACCOUNT CODE NO. 00001.980000.515000.0000.00000. City ofMiami Page 23 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 RE.13 09-00788 Department of Risk Management RE.14 09-01122 09-01115 Legislation.pdf 09-01115 Memo 1.pdf 09-01115 Memo 2.pdf R-09-0479 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH BROWN AND BROWN OF FLORIDA, INC., THE TOP RANKED FIRM SELECTED AS A RESULT OF A COMPETITIVE SELECTION PROCESS, TO PROVIDE INSURANCE BROKERAGE SERVICES, FOR AN INITIAL ONE (1) YEAR PERIOD FROM THE EFFECTIVE DATE OF JANUARY 1, 2008, WITH THE OPTION TO EXTEND THE AGREEMENT FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, WITH THE FIRST SUCH OPTION EXERCISED BY THE CITY OF MIAMI PURSUANT TO THE TERMS HEREOF, IN AN ANNUAL AMOUNT NOT TO EXCEED $106, 250; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 05002.301001.545000.0000.00000. 09-00788 Legislation.pdf 09-00788 Exhibit.pdf 09-00788 Summary Form.pdf 09-00788 Certificate of Liability Insurance.pdf 09-00788 Pre -Summary Form.pdf 09-00788 Pre-Legislation.pdf 09-00788 Professional Service Agreement.pdf 09-00788 Insurance Brokerage Services.pdf R-09-0480 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez RESOLUTION City ofMiami Page 24 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT REGARDING OWNER CONTROLLED INSURANCE PROGRAM , IN SUBSTANTIALLY THE ATTACHED FORM, TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND BROWN AND BROWN OF FLORIDA, INC., TO PROVIDE FOR AN OWNER CONTROLLED INSURANCE PROGRAM FOR THE MUNICIPAL PARKING GARAGE PROJECT, TO BE LOCATED IN THE PROXIMITY OF 1501 NORTHWEST 3RD STREET IN MIAMI, FLORIDA, IN AN AMOUNT NOT TO EXCEED $625,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 05002.301001.545000.0000.00000. 09-01122 Legislation.pdf 09-01122 Exhibit 1.pdf 09-01122 Exhibit 2.pdf 09-01122 Exhibit 3.pdf 09-01122 Summary Form.pdf 09-01122 Certificate of Liability Insurance.pdf R-09-0481 MOVED: SECONDED: Marc David Sarnoff Michelle Spence -Jones 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 09-01004 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND BISCAYNE BAY RESTAURANT CORPORATION (D/B/A RUSTY PELICAN) ("LESSEE"), IN SUBSTANTIALLY THE ATTACHED FORM, ("AMENDMENT"), TO PROVIDE FOR: (1) AN EXTENSION OF THE BASE TERM TO EXPIRE ON OCTOBER 1, 2027 WITH TWO (2) FIVE-YEAR OPTIONS TO RENEW, COMMENCING ON THE EFFECTIVE DATE OF THE AMENDMENT; (2) AN INCREASE IN BASE RENT FROM $48,000 TO $360,000 ANNUALLY, COMMENCING ON THE EXECUTION DATE OF THE AMENDMENT; (3) AN INCREASE IN PERCENTAGE RENT UPON THE EARLIER OF (I) COMPLETION OF THE PHASE I REQUIRED CAPITAL IMPROVEMENTS OR (II) TWENTY-FOUR MONTHS AFTER ISSUANCE OF THE FIRST BUILDING PERMIT FOR PHASE I, TO 7% OF GROSS REVENUES FROM $0 - $12,000,000 ANNUALLY, 8% OF GROSS REVENUES OVER $12,000,000 ANNUALLY, AND 8.5% OF GROSS REVENUES ANNUALLY THEREAFTER DURING ANY RENEWAL PERIODS; (4) LESSEE'S CONSTRUCTION OF CERTAIN City ofMiami Page 25 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 CAPITAL IMPROVEMENTS , AT A COST OF NOT LESS THAN $3,000,000 INCLUDING SOFT COSTS; (5) LESSEE'S CONTRIBUTION OF $4,000,000 TOWARD THE COST OF CONSTRUCTION OF A NEW PARKING FACILITY; (6) THE CITY'S RIGHT TO ASSIGN ALL OF ITS RIGHTS AND OBLIGATIONS RELATING TO THE CONSTRUCTION OF THE NEW PARKING FACILITY TO THE DEPARTMENT OF OFF-STREET PARKING ("MPA"); INCLUDING THE RIGHT TO RECEIVE LESSEE'S CONSTRUCTION CONTRIBUTION AND LESSEE'S CONSENT TO SAID ASSIGNMENT UPON MPA'S ASSUMPTION THEREOF, ALL AS MORE PARTICULARLY SET FORTH IN THE AMENDMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE OTHER DOCUMENTS AS MAY BE REQUIRED TO IMPLEMENT THE AMENDMENT. 09-01004 Legislation.pdf 09-01004 Exhibit.pdf 09-01004 Summary Form.pdf R-09-0482 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 Direction by Chair Sanchez to the City Manager to provide the City Commission with a list of revocable leases of City properties, including the expiration date of said leases. END OF RESOLUTIONS City ofMiami Page 26 Printed on 10/14/2009 City Commission Marked Agenda October 8, 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: 08-01177 memo 10-8-09.pdf MOVED: SECONDED: Marc David Sarnoff Tomas Regalado NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. 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: NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel City ofMiami Page 27 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 08-01260 memo 10-8-09.pdf 08-01260 members 10-8-09.pdf 08-01260 applications 10-8-09.pdf MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. 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. APPOINTEES: 09-00324 memo 10-8-09.pdf 09-00324 members 10-8-09.pdf MOVED: SECONDED: Marc David Sarnoff Tomas Regalado NOMINATED BY: Chair Joe Sanchez Commissioner Angel Gonzalez Commissioner Tomas Regalado Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. 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: NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez City ofMiami Page 28 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 09-00413 memo 10-9-09.pdf 09-00413 members 10-8-09.pdf MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. 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: (youth non -voting member) (for an unexpired term ending 11/12/09) 09-00538 memo 10-8-09.pdf 09-00538 members 10-8-09.pdf 09-00538 applications 10-8-09.pdf MOVED: Marc David Sarnoff SECONDED: Tomas Regalado NOMINATED BY: Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones City Manager Pedro G. Hernandez Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. 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. City ofMiami Page 29 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 APPOINTEE: NOMINATED BY: 09-00593 memo 10-8-09.pdf 09-00593 members 10-8-09.pdf MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Commissioner Tomas Regalado Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. 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: (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 10-8-09.pdf 09-00660 members 10-8-09.pdf MOVED: SECONDED: Marc David Sarnoff Tomas Regalado NOMINATED BY: Commissioner Angel Gonzalez Commissioner Tomas Regalado Mayor Manuel Diaz Mayor Manuel Diaz Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. City of Miami Page 30 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 BC.8 09-00667 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: 09-00667 memo 10-8-09.pdf 09-00667 members 10-8-09.pdf 09-00667 resumes 10-8-09.pdf MOVED: SECONDED: Marc David Sarnoff Tomas Regalado NOMINATED BY: Chair Joe Sanchez Chair Joe Sanchez Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. BC.9 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. APPOINTEES: NOMINATED BY: Chair Joe Sanchez 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 City of Miami Page 31 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 09-00705 memo 10-8-09.pdf 09-00705 members 10-8-09.pdf MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. 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 10-8-09.pdf 09-00865 members 10-8-09.pdf R-09-0483 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado NOMINATED BY: Vice -Chair Michelle Spence -Jones Commissioner Angel Gonzalez Mayor Manuel A. Diaz Pedro G. Hernandez Pedro G. Hernandez Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. 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. City of Miami Page 32 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 APPOINTEES: Daniel W. Yoder (Voting Member) Edelma Zuniga (Ex-Officio Non Voting Youth Member) 09-00865 memo 10-8-09.pdf 09-00865 members 10-8-09.pdf R-09-0483 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado NOMINATED BY: Pedro G. Hernandez Pedro G. Hernandez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones 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 10-8-09.pdf 09-00866 members 10-8-09.pdf MOVED: SECONDED: Marc David Sarnoff 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 DEFERRED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez and Regalado City of Miami Page 33 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 ABSENT: Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. 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: 09-00867 memo 10-8-09.pdf 09-00867 members 10-8-09.pdf 09-00867 applications 10-8-09.pdf MOVED: Marc David Sarnoff SECONDED: Tomas Regalado NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. 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) NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez City of Miami Page 34 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 09-00868 memo 10-8-09.pdf 09-00868 members 10-8-09.pdf 09-00868 applications 10-8-09.pdf MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. 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: (for an unexpired term ending 5/13/12) (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: SECONDED: Marc David Sarnoff Tomas Regalado NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commission -at -Large Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. 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. City of Miami Page 35 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 APPOINTEES: 09-00870 memo 10-8-09.pdf 09-00870 members 10-8-09.pdf MOVED: Marc David Sarnoff SECONDED: Tomas Regalado NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Tomas Regalado Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. BC.16 09-00871 RESOLUTION 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: 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 City of Miami Page 36 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 09-00871 memo 10-8-09.pdf 09-00871 members 10-8-09.pdf MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. BC.17 09-01082 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (appointed seat) (appointed seat) (youth member) (youth member) 09-01082 memo 10-8-09.pdf 09-01082 members 10-8-09.pdf 09-01082 applications 10-8-09.pdf MOVED: Marc David Sarnoff SECONDED: Tomas Regalado NOMINATED BY: Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Note for the Record: Items BC.1 - 17 were deferred until after the November 3, 2009 municipal election. END OF BOARDS AND COMMITTEES City of Miami Page 37 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 PART B The following item(s) shall not be considered before 10:00 am. PZ.1 09-00579 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING IN PRINCIPLE, THE VIRGINIA KEY MASTER PLAN, HEREIN REFERRED TO AS THE "VIRGINIA KEY MASTER PLAN", AS THE GUIDING TOOL, FOR THE FUTURE DEVELOPMENT OF VIRGINIA KEY; CREATING A VIABLE WATERFRONT WITH RECREATIONAL AND PUBLIC SPACES; AND PROTECTING AND ENHANCING THE NATURAL RESOURCES LOCATED ON THE ISLAND. LOCATION: Approximately East of Biscayne Bay along the Rickenbacker Causeway [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. WATERFRONT ADVISORY BOARD: Pending recommendation on September 18, 2009. Made a motion to approve, which failed, constituting a denial of the recommendation of approval to City Commission on June 9, 2009 by a vote of 0-9. PLANNING ADVISORY BOARD: Opposed the Plan as presented on June 17, 2009 by a vote of 8-0 because the Plan needs to be reconsidered to better address: The Marine Stadium historic site, sustainability concerns, a green environmentally -friendly waterfront space, and that city staff amend the Plan as a result of this process to be better aligned with the public input for the Virginia Key Master Plan. PURPOSE: This will approve in principle the Virginia Key Master Plan. 09-00579 Zoning Map.pdf 09-00579 WAB Reso.pdf 09-00579 PAB Reso.pdf 09-00579 CC 10-8-09 Legislation (Version 2).pdf 09-00579 Virginia Key Master Plan Presentation.pdf 09-00579 CC 10-08-09 Fact Sheet.pdf 09-00579 CC 10-8-09 Executive Summary.pdf 09-00579-Submittal-Don Worth.pdf 09-00579-Submittal-Kissi nger. pdf 09-00579-Submittal-Waterfront Advisory Board.pdf 09-00579-Submittal-Greg Bush.pdf 09-00579-Submittal-Laura Reynolds.pdf 09-00579-Submittal-Blanca Mesa.pdf 09-00579-Submittal-Fran Bohnsack.pdf 09-00579-Submittal-District 5.pdf MOVED: Joe Sanchez City of Miami Page 38 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 SECONDED: Marc David Sarnoff Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez [Note for the Record: This item was deferred to the first City Commission meeting in May 2010.] Direction by Commissioner Sarnoff to the City Attorney to provide information during the current City Commission meeting regarding reverter clauses related to Virginia Key. Direction by Vice Chair Spence -Jones to the City Manager to appoint representatives from the Capital Improvements Program and Economic Initiatives to work with her office along with the Virginia Key Beach Park Trust to immediately address the remediation of Virginia Key. A motion was made by Commissioner Sarnoff, seconded by Chair Sanchez, and was passed unanimously, with Commissioner Gonzalez absent, to (1) immediately allow a 7.5 acre mountain bike facility on North Point, (2) immediately move forward with the remediation of the landfill and utilize the $45 million in Miami -Dade County funds for same, and (3) to ensure the Virginia Key Beach Park Trust has the flexibility in its efforts to construct, operate, or maintain the proposed Civil Rights Museum complex and any other facilities as the Trust may deem necessary in order for the Museum to survive. A motion was made by Chairr Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Gonzalez absent, to defer Item PZ.1 to the first scheduled City Commission meeting in May 2010. PZ.2 09-00927zt 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 9, BY ADDING A NEW SECTION 921 ENTITLED "BICYCLE PARKING", TO PROVIDE BICYCLE PARKING FACILITIES; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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: Recommended approval to the City Commission on September 16, 2009 by a vote of 7-0. PURPOSE: This will include off-street enclosed bicycle parking requirements for new developments with limitations. 09-00927 CC 10-8-09 Legislation (Version 4).pdf 09-00927zt CC FR 10-08-09 Fact Sheet.pdf 09-00927zt PAB Reso.pdf City of Miami Page 39 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 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 and Regalado Commissioner Gonzalez and Spence -Jones PZ.3 09-00949zt 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, TO PROVIDE FOR A NEW ARTICLE 8.2 ENTITLED "LANDSCAPE ORDINANCE"; CONTAINING A SHORT TITLE AND APPLICABILITY, INTENT AND PURPOSE, DEFINITIONS, PLANS SUBMISSION, MINIMUM STANDARDS, PLANS REVIEW CRITERIA, ENFORCEMENT, MAINTENANCE AND POLICIES THAT ENCOURAGE THE USE OF ENVIRONMENTALLY -PREFERRED LANDSCAPE AND IRRIGATION METHODS FOR THE CITY OF MIAMI ("CITY"); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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: Recommended approval to City Commission on September 16, 2009 by a vote of 7-0. PURPOSE: This will establish minimum landscape standards that apply to all public and private development when a permit is required. 09-00949zt CC 10-8-09 Legislation (version 3).pdf 09-00949zt CC FR 10-08-09 Fact Sheet.pdf 09-00949zt PAB Reso.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 and Regalado Commissioner Gonzalez and Spence -Jones PZ.4 09-00953zt 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, TO CREATE SECTION 951 ENTITLED "HEAT ISLAND EFFECT - ROOF" TO ADD SECTIONS THAT PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE CONSTRUCTION OF BUILDING ROOFING SYSTEMS DESIGNED TO DECREASE THE ABSORPTION AND City ofMiami Page 40 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 REMITTANCE OF ATMOSPHERIC HEAT IN CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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: Recommended approval to the City Commission on September 16, 2009 by a vote of 7-0. PURPOSE: This will reduce the heat island effect in the City of Miami and reduce energy consumption and bills for buildings within the City. 09-00953zt CC Legislation (Version 4).pdf 09-00953zt CC FR 10-08-09 Fact Sheet.pdf 09-00953zt PAB Reso.pdf 09-00953zt-Email-Amended PZ.16 and PZ.17 for 9-24.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 and Regalado Commissioner Gonzalez and Spence -Jones [Note for the Record: Due to a procedural issue, a second roll call and vote occurred on Item PZ.4.] PZ.5 09-00954zt 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, TO CREATE SECTION 952 ENTITLED "HEAT ISLAND EFFECT - NON ROOF" TO ADD SECTIONS THAT PROVIDE FOR ENVIRONMENTALLY -RESPONSIBLE METHODS FOR COOLING AND SHADING OF HARDSCAPES IN CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 4] Printed on 10/14/2009 City Commission Marked Agenda October 8, 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: Recommended approval to the City Commission on September 16, 2009 by a vote of 7-0. PURPOSE: This will reduce the heat island effect in the City of Miami by requiring that at least 50% of the hardscape surfaces at new construction sites (1) use reflective hardscape materials, (2) provide shading for hardscapes within five years, (3) use vegetative paving systems, or (4) some combination of the above. 09-00954zt CC Legislation (Version 4).pdf 09-00954zt CC FR 09-24-09 Fact Sheet.pdf 09-00954zt PAB Reso.pdf 09-00954zt-Email-Amended PZ.16 and PZ.17 for 9-24.pdf MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones END OF PLANNING AND ZONING ITEMS City ofMiami Page 42 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS City ofMiami Page 43 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 City ofMiami Page 44 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 09-01078 DISCUSSION ITEM DISCUSSION ABOUT OFFSHORE FACTORIES AND SPECIFICALLY DISCUSSION ABOUT THE SOLAR POWER INDUSTRY WHICH IS GAINING SALES AND MANUFACTURING OFFSHORE. APPLIED MATERIALS, A CALIFORNIA BASED COMPANY WITH $10 BIL IN SALES, HAS OPENED 14 SOLAR PANEL FACTORIES WORLDWIDE IN THE PAST TWO YEARS. NOT ONE IS IN THE UNITED STATES. WHY NOT? WHAT PERCENTAGE OF SOUTH FLORIDA'S ECONOMY IS BASED ON TOURISM AND WHAT PERCENTAGE IS BASED ON MANUFACTURING? IS IT FINANCIALLY FEASIBLE TO ATTRACT MANUFACTURING? WHAT CAN BE DONE TO ENCOURAGE THE USE OF SOLAR PANELS IN FLORIDA? A RESOLUTION MIGHT RESULT. 09-01078 Email.pdf DISCUSSED D2.2 09-01125 DISCUSSION ITEM DISCUSSION ABOUT THE SUCCESSFUL GREEN MARKET WHICH HAS TAKEN PLACE ADJACENT TO LEGION PARK ON BISCAYNE BLVD AT 66TH STREET IN THE UPPER EAST SIDE NEIGHBORHOOD OF THE CITY OF MIAMI. DISCUSSION ABOUT A POTENTIAL RELOCATION OF THIS SUCCESSFUL GREEN MARKET TO ANOTHER SITE WITHIN THE SAME NEIGHBORHOOD. ADVICE AND HELP WITH PERMITTING MIGHT BE REQUIRED. 09-01125 Email.pdf DISCUSSED END OF DISTRICT 2 City ofMiami Page 45 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 City ofMiami Page 46 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 DISTRICT 4 COMMISSIONER TOMAS REGALADO END OF DISTRICT 4 City ofMiami Page 47 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES D5.1 09-01058 DISCUSSION ITEM DISCUSSION REGARDING AN UPDATE ON CURLY'S HOUSE SITE IN LIBERTY CITY TO FACILITATE A SENIOR CITIZENS' FEEDING PROGRAM. 09-01058 Email.pdf CONTINUED D5.2 09-01059 DISCUSSION ITEM DISCUSSION ABOUT THE IMPACT ON SMALL BUSINESS REGARDING DERM'S APPROVAL AS A PREREQUISITE ON THE CITY'S ISSUANCE OF A CERTIFICATE OF USE, BECAUSE OF THE COUNTY'S POSITION THAT ALL LICENSES, BUILDING PERMITS, AND CERTIFICATE OF USE OF MUNICIPALITIES MUST GO THROUGH DERM. 09-01059 Email.pdf CONTINUED END OF DISTRICT 5 City ofMiami Page 48 Printed on 10/14/2009 City Commission Marked Agenda October 8, 2009 NON -AGENDA ITEMS NA.1 09-01141 RESOLUTION NA.2 A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), RATIFYING THE MEMORANDUM OF UNDERSTANDING, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1907, AFL-CIO, IN ORDER TO ADDRESS PROJECTED DEFICIT IN THE 2010 FISCAL YEAR BUDGET, INCLUDING AMENDING ARTICLES 24, 29 AND 37 OF THE 2007-2010 COLLECTIVE BARGAINING AGREEMENT. R-09-0475 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones 09-01142 DISCUSSION ITEM Motion to Adjourn CHAIR SANCHEZ RECOGNIZED MICHAEL DAVEY, VICE MAYOR OF KEY BISCAYNE VILLAGE. DISCUSSED A motion was made by Commissioner Sarnoff, second by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to adjourn today's meeting. City ofMiami Page 49 Printed on 10/14/2009