REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) NO. 2022-015-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS’ COMPENSATION CLAIMS, AND OTHER EMPLOYMENT-RELATED MATTERS.

REFERRAL TO THE OCTOBER 22, 2021 FINANCE AND ECONOMIC RESILIENCY COMMITTEE TO DISCUSS RHYTHM FOUNDATION GALA FUNDRAISER SPONSORSHIP REQUEST.

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER DAVID RICHARDSON, GROUP VI, AS VICE-MAYOR, FOR A TERM COMMENCING ON NOVEMBER 1, 2021 AND TERMINATING ON NOVEMBER 5, 2021, OR IF A RUNOFF ELECTION IS HELD, TERMINATING ON NOVEMBER 22, 2021.

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, TO REJECT THE SOLE PROPOSAL RECEIVED FROM RIC-MAN INTERNATIONAL, INC, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) 2021-217-ND CONSTRUCTION MANAGER AT RISK (CMR) FOR THE 41ST STREET CORRIDOR REVITALIZATION PROJECT.

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) 2021-227-AY PRE-EMPLOYMENT TESTING AND PSYCHOLOGICAL SERVICES FOR SWORN AND PUBLIC SAFETY PERSONNEL; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH LAW ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC., AS THE TOP RANKED PROPOSER; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT, UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.

NEW OVERLAY - MEDICAL CANNABIS TREATMENT CENTERS AND PHARMACY STORES

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142 OF THE CITY CODE ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE V, ENTITLED "SPECIALIZED USE REGULATIONS," DIVISION 10, ENTITLED "CONTROLLED SUBSTANCES REGULATIONS AND USE," BY AMENDING SECTION 142-1502, ENTITLED "ZONING DISTRICTS ALLOWING MEDICAL CANNABIS TREATMENT CENTERS, PHARMACY STORES, AND RELATED USES, PROHIBITED LOCATIONS, AND NONCONFORMING USES," TO CREATE A NEW AREA WHERE SUCH USES MAY BE PERMITTED, PROVIDED THAT THE PROPOSED USE MEETS CERTAIN ELIGIBILITY CRITERIA; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE II, ENTITLED “PUBLIC PLACES,” BY AMENDING DIVISION 2, ENTITLED “BICYCLING, SKATEBOARDING, ROLLER SKATING, IN-LINE SKATING, MOTORIZED MEANS OF TRANSPORTATION, ELECTRIC BICYCLES, MOPEDS, MOTORCYCLES, MOTORIZED BICYCLES, AND MOTORIZED SCOOTERS,” BY AMENDING SECTION 70-70.2 THEREOF, ENTITLED "RESPONSIBILITIES OF PERSONS AND BUSINESS ENTITIES PROVIDING RENTALS OR LEASES OF ELECTRIC BICYCLES AND MOTORIZED SCOOTERS," BY CLARIFYING THE CITY’S ABILITY TO ENTER INTO CONTRACTUAL AGREEMENTS TO PERMIT THE USE OF CITY PROPERTY OR RIGHTS OF WAY FOR THE RENTAL OR LEASE OF ELECTRIC BICYCLES, CONSISTENT WITH CHAPTER 82 OF THE CITY CODE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND FOR AN EFFECTIVE DATE.

NONCONFORMING RESIDENTIAL BUILDINGS - REPAIRS EXCEEDING 50%

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING ARTICLE IX, "NONCONFORMANCES," SECTION 118-395, "REPAIR AND/OR REHABILITATION OF NONCONFORMING BUILDINGS AND USES," TO AMEND THE REGULATIONS APPLICABLE TO THE REPAIR AND/OR REHABILITATION OF EXISTING NON-CONFORMING RESIDENTIAL BUILDINGS; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED “BUILDING REGULATIONS,” BY AMENDING ARTICLE VII, ENTITLED “PERMITS APPLIED FOR ON OR AFTER MARCH 1, 2002,” BY CREATING SECTION 14-600, ENTITLED “DELIVERY OF ENGINEERING REPORTS,” CREATING SECTION 14-600 TO REQUIRE THE DELIVERY TO THE CITY OF BUILDING ENGINEERING REPORTS WHICH REFLECT BUILDING CONDITIONS, INCLUDING STRUCTURAL AND LIFE SAFETY COMPONENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND FOR AN EFFECTIVE DATE.

PROHIBITION ON APARTMENT HOTELS IN R-PS1 AND R-PS2 DISTRICTS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142 OF THE CITY CODE ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 18, ENTITLED "PS PERFORMANCE STANDARD DISTRICT," BY AMENDING SECTION 142-693, ENTITLED "PERMITTED USES," TO PROHIBIT APARTMENT HOTELS IN THE R-PS1 AND R-PS2 DISTRICTS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED “ENVIRONMENT,” BY AMENDING ARTICLE IV, ENTITLED “NOISE,” BY AMENDING SECTION 46-158 THEREOF, ENTITLED “ENFORCEMENT BY CODE INSPECTORS; NOTICE OF VIOLATION; WARNINGS; RESPONSIBILITY TO PROVIDE CURRENT ADDRESS,” BY ESTABLISHING AN ADDITIONAL EXCEPTION TO THE REQUIREMENT THAT A WRITTEN WARNING BE PROVIDED PRIOR TO THE ISSUANCE OF A NOTICE OF VIOLATION; AND BY AMENDING SECTION 46-159 THEREOF, ENTITLED “FINES AND PENALTIES FOR VIOLATION; APPEALS; ALTERNATE MEANS OF ENFORCEMENT,” BY INCREASING THOSE CIVIL FINES TO BE IMPOSED FOR VIOLATIONS OF CHAPTER 46, ARTICLE IV; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90, ENTITLED "SOLID WASTE," BY AMENDING ARTICLE IV, ENTITLED "PRIVATE WASTE CONTRACTORS," BY AMENDING DIVISION 4, ENTITLED "SPECIALTY CONTRACTORS," BY AMENDING SUBDIVISION II, ENTITLED "ROLLOFF/PORTABLE WASTE CONTAINER CONTRACTORS," BY AMENDING SECTIONS 90-276 THROUGH 90-278 THEREOF, TO ESTABLISH AN ANNUAL ROLLOFF PERMIT FEE FOR ROLLOFF CONTRACTORS, REQUIRED MONTHLY REPORTING TO THE CITY, AND PROVISIONS TO ENSURE NO ROLLOFF PERMIT SHALL BE ISSUED TO A ROLL-OFF CONTRACTOR UNLESS THE CONTRACTOR HAS AN ACTIVE BUSINESS TAX RECEIPT AMENDING APPENDIX A, "FEE SCHEDULE," TO REFLECT THE ANNUAL ROLLOFF PERMIT FEE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

10-YEAR WATER SUPPLY FACILITIES WORK PLAN AND PROPERTY RIGHTS ELEMENT - COMPREHENSIVE PLAN AMENDMENT

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE 2040 COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS OF SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING THE “RESILIENT LAND USE AND DEVELOPMENT ELEMENT,” TO CREATE A PROPERTY RIGHTS ELEMENT, INCORPORATING GOALS, OBJECTIVES, AND POLICIES AS REQUIRED BY SECTION 163.3177(6)(I), FLORIDA STATUTES; AND AMENDING THE “INFRASTRUCTURE ELEMENT” AND “CAPITAL IMPROVEMENT ELEMENT” TO INCORPORATE AN UPDATED 10-YEAR WATER SUPPLY FACILITIES WORK PLAN AND RELATED POLICIES AND STRENGTHEN COORDINATION BETWEEN WATER SUPPLY AND LOCAL LAND USE PLANNING AS REQUIRED BY SECTION 163.3177(6)(C)3, FLORIDA STATUTES; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

LANDSCAPE NEIGHBORHOOD OVERLAYS

1. LDR OVERLAY VERSION:

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 126, ENTITLED "LANDSCAPE REQUIREMENTS," BY CREATING SECTION 126-8, ENTITLED "LANDSCAPE NEIGHBORHOOD OVERLAYS," TO ESTABLISH PROVISIONS FOR LANDSCAPE NEIGHBORHOOD OVERLAYS WITHIN EXISTING NEIGHBORHOODS, AND CREATE THE LA GORCE ISLAND LANDSCAPE NEIGHBORHOOD OVERLAY; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. 

2. RESOLUTION VERSION:

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 126, ENTITLED "LANDSCAPE REQUIREMENTS," BY CREATING SECTION 126-8, ENTITLED "LANDSCAPE NEIGHBORHOOD OVERLAYS," TO ESTABLISH PROVISIONS FOR LANDSCAPE NEIGHBORHOOD OVERLAYS WITHIN EXISTING NEIGHBORHOODS; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. 

CHAPTER 106 - SPACE REMOVAL FEES FOR AFFORDABLE HOUSING

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY" BY AMENDING SECTION 106-55, ENTITLED "PARKING RATES, FEES, AND PENALTIES; EXCEPTIONS," TO AMEND THE FEE FOR THE PERMANENT REMOVAL OF ON-STREET PARKING SPACES WHEN SUCH REMOVAL IS ASSOCIATED WITH AFFORDABLE HOUSING DEVELOPMENT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING FIRST READING, A LEASE AGREEMENT (“LEASE”), AS AUTHORIZED UNDER SECTION 82-37 OF THE CITY CODE AND SECTION 1.03(B)(4) OF THE CITY CHARTER, BETWEEN THE CITY OF MIAMI BEACH (“CITY”) AND MIAMI NEW DRAMA, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION (“LESSEE”), OF A PORTION OF THE CITY-OWNED COLLINS PARK GARAGE LOCATED AT 340 23RD STREET (THE “PROPERTY”), FOR THE DEVELOPMENT AND OPERATION OF THE COLLINS PARK CULTURAL ARTS FACILITY, WHICH LEASE SHALL INCLUDE THE FOLLOWING USES: (1) A THEATER FOR PRODUCTION OF LIVE THEATRICAL PERFORMANCES AND USES ANCILLARY THERETO; (2) ADMINISTRATIVE AND BUSINESS FUNCTIONS AND REHEARSAL, COSTUME, AND SET DESIGN FACILITIES FOR PERFORMANCES; AND (3) A RESTAURANT CAFÉ PURSUANT TO A SUBLEASE TO A THIRD-PARTY OPERATOR (COLLECTIVELY, THE “PROJECT”); FURTHER, WAIVING, BY 5/7TH VOTE THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS OF SECTION 82-39 OF THE CITY CODE, FINDING THE PUBLIC INTEREST TO BE SERVED BY WAIVING SUCH REQUIREMENTS; PROVIDING FOR AN INITIAL TERM OF FIVE (5) YEARS, WITH UP TO THREE (3) RENEWAL TERMS FOR A PERIOD OF FIVE (5) YEARS EACH; FURTHER, PROVIDING THAT THE LEASE IS SUBJECT TO AND CONTINGENT UPON AN APPROPRIATION OF FUNDS BY THE CITY COMMISSION, AT ITS SOLE DISCRETION, IN THE AMOUNT OF $4,750,000 ON OR BEFORE OCTOBER 1, 2024; FURTHER, AUTHORIZING AN AMENDMENT TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY AND MIAMI NEW DRAMA, INC. FOR THE COLONY THEATRE (“MANAGEMENT AGREEMENT”), TO EXTEND THE TERM OF THE MANAGEMENT AGREEMENT FOR A PERIOD TO RUN COTERMINOUS WITH THE TERM OF THE LEASE AND FURTHER, SETTING THE SECOND READING/PUBLIC HEARING OF THE LEASE FOR A TIME CERTAIN.

REAPPOINTMENT OF CHIEF SPECIAL MAGISTRATE
1.  A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE REAPPOINTMENT OF ENRIQUE ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MAGISTRATE, FOR A TERM COMMENCING ON OCTOBER 24, 2021 AND ENDING ON APRIL 23, 2022; PROVIDED FURTHER THAT CHIEF SPECIAL MAGISTRATE ZAMORA SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY AND COUNTY CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MAGISTRATES AS MAY REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS; AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MAGISTRATE.

2.  A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND REAPPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY CODE, ENRIQUE ZAMORA, ESQ. (CHIEF SPECIAL MAGISTRATE REAPPOINTED PURSUANT TO RESOLUTION NO. _____________), AS THE CITY MANAGER’S “DESIGNEE” UNDER SECTION 102-356 OF THE CITY CODE; SAID DESIGNATION COMMENCING WITH ZAMORA’S TERM AS CHIEF SPECIAL MAGISTRATE ON OCTOBER 24, 2021 AND ENDING ON APRIL 23, 2022.

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE (FERC), TO PROCEED WITH THE DEVELOPMENT OF THE 72ND STREET COMMUNITY COMPLEX PROJECT BY IMPLEMENTING OPTION 1, AS PROPOSED BY THE ADMINISTRATION TO: (1) CONTINUE TO NEGOTIATE AN AGREEMENT WITH THE HASKELL COMPANY, THE FIRST RANKED FIRM; (2) ADDRESS THE FUNDING SHORTFALL BY ISSUING PARKING BONDS IN THE AMOUNT OF APPROXIMATELY $19.4 MILLION; AND (3) IDENTIFY FUNDING SOURCES FOR THE $17.7 MILLION REMAINING FUNDING GAP BEFORE AWARDING ANY CONTRACTS RELATED TO THE PROJECT; AND FURTHER, REFERRING A DISCUSSION ITEM TO FERC TO EXPLORE WAYS TO MOVE FORWARD WITH THE BYRON CARLYLE THEATER PROJECT.

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DESIGNATING THE CITY-OWNED PROPERTY IN SUNSET ISLAND II, LOCATED BETWEEN 25TH STREET TO 27TH STREET ALONG SUNSET DRIVE (FOLIO NO. 02-3228-001-1280), AS A NEIGHBORHOOD PARK, TO BE USED FOR PASSIVE RECREATIONAL USE AND OPEN GREENSPACE PURPOSES.

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE LAND USE AND SUSTAINABILITY COMMITTEE AT ITS SEPTEMBER 14, 2021 MEETING, AND THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE AT ITS SEPTEMBER 24, 2021 MEETING, TO PROCEED WITH A TEN-YEAR PUBLIC SEAWALL RECONSTRUCTION PROGRAM.

BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS.

CITY OF MIAMI BEACH CANVASSING BOARD MEMBERSHIP FOR THE CITY’S NOVEMBER 2021 GENERAL, SPECIAL, AND (IF NECESSARY) RUN-OFF ELECTIONS. (FOR INFORMATIONAL PURPOSES ONLY, NO ACTION REQUIRED.)

REFERRAL TO THE PLANNING BOARD - PROHIBITION OF TOWING AS A CONDITIONAL USE IN THE SUNSET HARBOR L-1 ZONING DISTRICT.

CITY ATTORNEY'S STATUS REPORT.

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