Loading...
HomeMy WebLinkAboutCC 2006-11-09 Marked AgendaCity of Miami Marked Agenda City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Linda M. Haskins, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, November 9, 2006 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.5 may be heard in the number sequence or as announced by the Commission PA - PERSONAL APPEARANCES M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS SS - SPECIALLY SCHEDULED ITEMS PH - PUBLIC HEARINGS 10:30 A.M. - PH.7 - Transfer HOME Funds- Rental Assistance Relocation City ofMiami Page 1 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 10:30 A.M. - PH.8 - Transfer HOPWA Funds - Sunshine for All, Inc. 10:30 A.M. - PH.9 - Extension & Rollover of Accounts 10:30 A.M. - PH.10 - Transfer CDBG Funds- HQS Inspection 10:30 A.M. - PH.11 - Transfer CDBG Funds- (RHHED) 10:30 A.M. - PH.12 - Transfer Funds- Partnership for Recovery, Inc. FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION 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 11/15/2006 City Commission Marked Agenda November 9, 2006 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gonzalez, Commissioner Haskins, Commissioner Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 9th day of November 2006, 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 Angel Gonzalez at 9:33 a.m., recessed at 12:23 p.m., reconvened at 2:22 p.m., recessed at 4:59 p.m. to convene the SEOPW & Omni Community Redevelopment Agency meeting, reconvened at 5:14 p.m. and adjourned at 7:25 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 06-02037 CEREMONIAL ITEM MAYORAL VETOES Latino Art Beat Kandy Lopez Jack Guevara Kenya Smith Juan Jose Quiceno Gary Moore Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Commissioner Spence -Jones Certificate of Appreciation 06-02037 Cover Page.pdf 06-02037 Protocol List.pdf Commissioner Regalado presented Certificates of Merit to members of the Bryan Park Miami Dream Tennis Team, namely, Luke Mojica, Jake Annear, Rolando Martinez, Federico Cybel, Liset Brito, Gabriela Palacios, Agustina Cybel, and Coach Noel Cubela on receiving the Tennis Association National Championship. Mayor Diaz presented Certificates of Merit to the national and regional winners of the Latino Art Beat, namely, Kandy Lopez (National), Jack Guevara (Regional), Kenya Smith (Regional - accepted by Tom Pike), Jenny Lopez (Regional), and Juan Jose Quiceno (Regional); also recognizing first place regional winners from Los Angeles, California, and Houston, Texas, namely, John Rosario (Los Angeles, California), Jose Ochoa (Houston, Texas), and Jhovanni Linares (Houston, Texas). Commissioner Spence -Jones recognized Frank Rudman, owner of Sportailor, as the Distinguished Citizen of the City of Miami for his significant accomplishments as a manufacturer and as an outstanding member of the South Florida community. Note for the Record: Presentations for Justo L. Alfonso and Gary Moore were not presented. (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 City ofMiami Page 3 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 APPROVING THE MINUTES OF THE FOLLOWING MEETING: Regular Meeting of October 12, 2006 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion to APPROVED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones City ofMiami Page 4 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 CONSENT AGENDA CA.1 06-01788 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Purchasing BIDS RECEIVED AUGUST 28, 2006, PURSUANT TO INVITATION FOR BID NO. 05-06-035A, RECEIVED FROM VARIOUS VENDORS, FOR EMERGENCY VEHICLE EQUIPMENT -CITYWIDE, FOR AN INITIAL CONTRACTUAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, ON AN AS - NEEDED BASIS, UNDER THE SAME BID PRICES, TERMS AND CONDITIONS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. 06-01788 Legislation.pdf 06-01788 Summary Form.pdf 06-01788 Award Recommendation.pdf 06-01788 Bid Security List.pdf 06-01788 Award Sheet.pdf 06-01788 Tabulation Sheet.pdf 06-01788 Bid Response Form.pdf 06-01788 Qualification Statement .pdf 06-01788 Occupational License Tax. pdf 06-01788 CheckList.pdf 06-01788 Certificate of Liability Insurance.pdf 06-01788 Installation Warranty.pdf 06-01788 Addendum 1.pdf 06-01788 Addendum 2.pdf 06-01788 Installation Warranty 2 .pdf 06-01788 Certificate of Liability Insurance 2 .pdf 06-01788 Bid Response Form 2 .pdf 06-01788 Occupational License .pdf 06-01788 Bid Response Form 3 .pdf 06-01788 References.pdf 06-01788 Affidavit.pdf 06-01788 Certificate of Liability Insurance 3 .pdf 06-01788 Letter .pdf 06-01788 Addendum 3.pdf 06-01788 Addendum 4.pdf 06-01788 Bid Response Form 4 .pdf 06-01788 Addendum 5.pdf 06-01788 Addendum 6.pdf 06-01788 Occupational License Tax 2 .pdf 06-01788 Bid Response Form 5 .pdf 06-01788 Occupational License 2 .pdf 06-01788 Registration Certificate.pdf R-06-0642 This Matter was ADOPTED on the Consent Agenda. CA.2 06-01873 RESOLUTION City ofMiami Page 5 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF EASEMENT IN ORIGINAL AGREEMENT AND GRANT OF NEW EASEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN TRG-OMP, LTD., A FLORIDA LIMITED PARTNERSHIP ("ONE MIAMI"), AND THE CITY OF MIAMI ("CITY"), PROVIDING FOR THE RELEASE OF CERTAIN EASEMENTS, CONTAINED WITHIN A CERTAIN AGREEMENT BETWEEN MIAMI CENTER JOINT VENTURE, A FLORIDA JOINT VENTURE (AS PREDECESSOR -IN - INTEREST TO ONE MIAMI) AND THE CITY, DATED SEPTEMBER 30, 1988, AND RECORDED OCTOBER 23, 1990, IN OFFICIAL RECORD BOOK 14754, PAGE 261, WHICH INSTRUMENT CONTAINS EASEMENTS BETWEEN MIAMI CITY JOINT VENTURE AND THE CITY DATED JANUARY 21, 1983, AND MODIFYING THE EXISTING EASEMENT AREA TO INCLUDE THE ENTIRE RIVERWALK TO SATISFY THE REQUIREMENTS AS SET FORTH IN PARAGRAPH 5 OF THE AGREEMENT BETWEEN THE CITY AND ONE MIAMI FOR CONSTRUCTION AND MAINTENANCE OF A RIVERWALK, DATED JULY 23, 2003, ALSO GRANTING THE CITY A PERPETUAL NON-EXCLUSIVE EASEMENT, AS LEGALLY DESCRIBED IN "EXHIBIT B," ATTACHED AND INCORPORATED, FOR USE AS A RIVERWALK FOR PUBLIC PURPOSES, WHICH WILL REMAIN PERPETUALLY ACCESSIBLE TO THE GENERAL PUBLIC, CONVEYING FULL INGRESS AND EGRESS TO THE RIVERWALK. 06-01873 Legislation.pdf 06-01873 Exhibit .pdf 06-01873 Exhibit 2 .pdf 06-01873 Exhibit 3 .pdf 06-01873 Exhibit 4 .pdf 06-01873 Summary Form.pdf R-06-0646 MOVED: Michelle Spence -Jones SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones CA.3 06-01874 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Improvement A UNITY OF TITLE, IN SUBSTANTIALLY THE ATTACHED FORM, Programs/Transpor RESTRICTING THE USE OF TWO CITY OF MIAMI OWNED PARCELS tation OF LAND, AS DESCRIBED IN "EXHIBIT A" AND "EXHIBIT B," ATTACHED AND INCORPORATED, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID UNITY OF TITLE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. City ofMiami Page 6 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 CA.4 06-01875 Department of Parks and Recreation CA.5 06-01876 Department of Police 06-01874 Legislation.pdf 06-01874 Exhibit.pdf 06-01874 Exhibit 2 .pdf 06-01874 Exhibit 3 .pdf 06-01874 Exhibit 4 .pdf 06-01874 Exhibit 5 .pdf 06-01874 Summary Form.pdf 06-01874 Memo.pdf 06-01874 Text File Report.pdf 06-01874 Pre-Legislation.pdf R-06-0643 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "OUT -OF -SCHOOL TIME SNACK PROGRAM" AND APPROPRIATING FUNDS FOR ITS OPERATION, IN THE AMOUNT NOT TO EXCEED $243,360, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF HEALTH, BUREAU OF CHILD NUTRITION PROGRAMS, CHILD CARE FOOD PROGRAM, ADMINISTERING UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM (CFDA NO. 10.558), FOR THE PROVISION OF FOOD TO THE PARTICIPANTS IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2006-2007, OUT -OF -SCHOOL TIME SNACK PROGRAM LOCATED IN VARIOUS CITY PARKS, FOR THE PERIOD OF OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007, ON A REIMBURSEMENT BASIS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO PROVIDE ALL OTHER NECESSARY DOCUMENTATION IN ORDER TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. 06-01875 Legislation.pdf 06-01875 Exhibit.pdf 06-01875 Exhibit 2 .pdf 06-01875 Exhibit 3 .pdf 06-01875 Exhibit 4 .pdf 06-01875 Exhibit 5 .pdf 06-01875 Summary Form.pdf R-06-0644 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN THE AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND, PROJECT NUMBER 12500.191602.896000.0000.00000, WITH SUCH City ofMiami Page 7 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 06-01876 Legislation.pdf 06-01876 Summary Form.pdf 06-01876 Affidavit.pdf 06-01876 Memo.pdf 06-01876 Budget.pdf R-06-0645 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: Linda Haskins SECONDED: Michelle Spence -Jones AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA City ofMiami Page 8 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 PERSONAL APPEARANCES PA.1 06-01419 DISCUSSION ITEM N. JASMINE YACINTHE, PH.D DIRECTOR, TRANSPORTATION AND PLANNING SERVICES GANNET FLEMING INC. TO ADDRESS THE COMMISSION CONCERNING AN UPDATE ON THE SOUTH FLORIDA EAST COAST CORRIDOR STUDY FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION. 06-01419 Cover Email.pdf WITHDRAWN PA.2 06-02020 DISCUSSION ITEM MR. RODNEY BARRETO CHAIRMAN OF THE SUPER BOWL XLI COMMITTEE TO ADDRESS THE COMMISSION REGARDING THE CITY OF MIAMI'S SUPPORT OF SUPER BOWL XLI. 06-02020 Cover Letter.pdf WITHDRAWN City ofMiami Page 9 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 M.1 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ 06-01779 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM MIAMI DADE COUNTY PUBLIC SCHOOLS ON THE STATUS OF THE CITY OF MIAMI SCHOOLS AND CITY OF MIAMI EDUCATION COMPACT. 06-01779 Cover E-mail.pdf WITHDRAWN City ofMiami Page 10 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 DISTRICT 1 CHAIRMAN ANGEL GONZALEZ D1.1 06-02004 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROVISION OF IN -KIND SERVICES FROM THE DEPARTMENTS OF FIRE -RESCUE, SOLID WASTE AND PUBLIC FACILITIES, IN CONNECTION WITH THE VENEZUELAN PRESIDENTIAL ELECTION TO BE HELD DECEMBER 3, 2006, AT THE ORANGE BOWL STADIUM; CONDITIONING SAID AUTHORIZATION UPON THE ORGANIZER: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY OF MIAMI IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. 06-02004 Legislation.pdf R-06-0653 MOVED: Angel Gonzalez SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones ABSENT: Commissioner Regalado City ofMiami Page 11 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 DISTRICT 2 COMMISSIONER LINDA M. HASKINS DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 06-02023 DISCUSSION ITEM DR. BERTA RIOS AND LILLIAM MACHADO FROM THE AMERICAN CANCER SOCIETY TO ADDRESS THE COMMISSION REGARDING 2007 RELAY FOR LIFE IN THE CITY. 06-02023 Cover Email.pdf WITHDRAWN City ofMiami Page 12 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 06-02002 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION REGARDING THE PILOT PROGRAM TO PROVIDE LOW-INCOME INDIVIDUALS WITH ASSISTANCE FOR ELECTRICITY SERVICE BILLS. 06-02002 Cover Memo.pdf DISCUSSED D4.2 06-02019 DISCUSSION ITEM DISCUSSION ABOUT CLARIFYING THE USE OF CITY FACILITIES FOR NEIGHBORHOOD ASSOCIATIONS REGARDING CANDIDATE PRESENTATION. 06-02019 Cover Memo.pdf WITHDRAWN City ofMiami Page 13 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 06-02032 DISCUSSION ITEM DISCUSSIONS REGARDING THE BUS SHELTERS IN THE CITY AND ADA COMPLIANCE ISSUES. 06-02032 Cover Email.pdf WITHDRAWN D5.2 06-02036 DISCUSSION ITEM DISCUSSION REGARDING A RESOLUTION AUTHORIZING FUNDS IN THE AMOUNT OF $1,000,000, FROM THE AFFORDABLE HOUSING TRUST FUND TO TACOLCY ECONOMIC DEVELOPMENT CORPORATION ("TEDC"), A NONPROFIT CORPORATION, FOR THE REFINANCING OF EDISON TOWERS, IN ORDER TO PRESERVE ONE OF THE LARGEST PRIVATELY OWNED MULTI -FAMILY HOUSING STOCK FOR LOW INCOME AND SECTION 8 INDIVIDUALS IN THE CITY OF MIAMI, WHICH IN TURN WILL RESULT IN TEDC BEING ABLE TO SECURE ADDITIONAL FUNDS FOR COMPLETING THE REHABBING OF THE STRUCTURE. 06-02036 Cover Email.pdf Direction by Chairman Gonzalez to the City Manager to find the necessary funding for the Tacolcy Economic Development Corporation for the refinancing of Edison Towers. A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez voting no, to approve, with conditions, the Housing and Commercial Loan Committee's approval of $1.1 million to Tacolcy Economic Development Corporation. Chairman Gonzalez: All right. D5.2. Commissioner Spence -Jones: Yes, Mr. Chairman. I guess I'm going to go ahead and just address the issue now, and if there's any further clarity that we need on the item, then, you know, we can bring it back, but I do want to address it because I do have some of my seniors here, and I don't want to have them, you know, waiting all night, so if there's any way, Mr. Chairman, that I could at least address what the concern is -- Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: As you know, almost a year ago, this Commission approved about 1.1 to support the Edison Towers complex, which is located in Liberty City. It was also then, once again, approved by the Loan Committee, with conditions. One of the things that was really important to me -- one -- before I got elected and once I got elected was the promise that I made to many of the elderly and low-income individuals that actually lived in Edison Towers. Through Commissioner Barbara Carey-Shuler, there was dollars set aside to approve about $750,000 that went to the rehab of Edison Towers, but in the midst of that happening was very clear -- or she made it very clear to me that the dollars that the County would put towards the rehab, that she was expecting or the County was expecting for the City to at least assist with the issue that they were having regarding their loan. I know that we have not put a process in place altogether regarding how the Affordable Housing Trust dollars are going to work. As a matter of fact, I know that Ms. Rodriguez has been working City ofMiami Page 14 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 very hard, along with her team, to put that in place. The only reason why I would have this item on my blue pages is because it is an emergency and it is an important issue that needs to be addressed. I've been working on this issue for the last year or so while sitting in this seat, and I just don't want the residents to be strung out any longer than what they have been. If the dollars had not been approved by, one, the Commission first, and then approved by the Loan Committee, I would not even come in front of the Commission asking for this request. Many of the units -- it's about 40 units -- would come available if we made the dollars available to assist with this matter, which we already know, not just in my district, but throughout the whole city, we're having a serious housing issue already, so here's additional 40 units that are out of commission that can be made and will be made available for those tenants at Edison Towers. Now I do understand staffs position, and I truly support making sure that if this Commission decides to support, you know, making sure the resources are available, that they are -- the same conditions that the Loan Committee put in place are also put in place for these dollars that are going to be attached to us giving -- if that is the case. I'm saying to my colleagues, I need your support. The 1.1 that you already approved and that the Loan Committee has already approved, take it back, you know. Allow for it to be used towards another district. I'm fine with that. All I ever wanted to do is make sure that I took care of the people that have lived in Edison Towers for as many years as they have, and that was the whole purpose of it. It had nothing else to do with just making sure that those families were taken care of, so I'm asking the Commission -- I do know that there's some questions that -- and some current concerns that may need to be addressed, and I'd like to at least be able to put it out, Mr. Chairman, so that we can begin to address it. I do have the president of Tacolcy Economic Development Corporation here to answer any questions, but I'd like for Barbara to at least step to the mike also. Barbara Gomez -Rodriguez (Director, Community Development): You want for them to speak first? Chairman Gonzalez: Well, let me -- for the sake of -- Vice Chairman Sanchez: Time. Chairman Gonzalez: -- saving time, if there are any questions, I guess the question will be from Community Development, not from the people that runs the tower or -- and if you went through the process -- I mean, the -- let me tell you. I personally -- I don't have a problem with rehabbing the building. I don't have a problem with allocating funds to the building or to the project because all of us here have been striving and fighting to produce and maintain affordable housing in this city because we all know how much needed it is. The problem is I, personally, was briefed this morning by the Manager, a two -minute or a five-minute briefing on allocation of over $1 million, OK? I'm ready to support it, and the reason that I'm ready to support it is because the Manager explained to me that this already went through the process of the Loan Committee, and it went through the process of the application through HUD (Department of Housing and Urban Development), and through the entire sequence of process that it has to go, but you know, whenever we're going to do -- back two years ago, three years ago, this Commission decided that we wouldn't bring any items as a pocket item or blue pages allocating money, and you know, especially when you're talking about more than $1 million. Another concern that I have with the little experience that I have in rehab is that $700,000 will never, will never rehab 40 units. I can tell you that right now. You can figure that you're going to need more -- between 35,000 and $40,000 per unit, so you're talking $1.6 million in rehab. That's not counting that you have to do a new roof on that -- in that building because then you're going to go to the range of the $2 million. Now will they have all the money to rehab the building? Do they have the funding to secure the rehab of the building? I don't know. I'm willing to support you on this, but let me tell you, you know, you have heard me say in many times, you know, when the Administration comes here with an item that I haven't been brief on -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- especially when it is allocating those amount of monies, you know, I get concerned. I get concerned. City ofMiami Page 15 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Commissioner Spence -Jones: Can I just add, Mr. Chairman -- Chairman Gonzalez: Yeah. Commissioner Spence -Jones: -- and I do respect your leadership on this whole issue, and I will make sure, as we go forth, that I will not bring any items that have a fiscal impact regarding this without you being thoroughly briefed. The only reason why I even put this on my blue pages -- and the Manager can tell you -- is that we've been waiting for a minute to have this actually on the agenda, but because of the budgets, because of the (UNINTELLIGIBLE) issue that Barbara was trying to work through, it just did not happen, and I -- honestly, I live in that neighborhood. I live down the street from Edison Towers, and to run into my seniors every single time and they're asking me, "Well, what's going on? What's going on?" The elevators are not working in the building, so some of them have to, you know, walk up 12 flights of floors, and I just -- I think that we need to do whatever it takes to make sure that they're not put in that position. The -- to my understanding, Tacolcy has already began working on putting things in place to draw down the monies from the County. They've already began the bid process regarding the rehab part of it, and I do respect that Barbara -- excuse me, Ms. Rodriguez wants to make sure that she views whatever documents, from a rehab standpoint, to make sure that the promises that we do make to the residents happen, you know, so -- and I want to make sure that that's -- there's a commitment from the organization to see that that happens. Commissioner Haskins: Commissioner Spence -Jones. Carol Gardner: If I can -- Chairman Gonzalez: OK. Ms. Gardner: -- address -- Commissioner Haskins: I'd like to ask a question. I'm -- this started out at a $1.1 million request to refinance the HUD loan. Why is it now 1.4 million? Ms. Gardner: Actually -- Commissioner Haskins: How did it get three hundred thou -- how did that HUD loan get to be -- Ms. Gardner: When we initially -- Commissioner Haskins: -- $300,000 more? Priscilla A. Thompson (City Clerk): Excuse me. Ms. Gardner: When we initial -- Ms. Thompson: Excuse -- Commissioner Spence -Jones: You got to say your name. Chairman Gonzalez: We need your name and your address. Ms. Gardner: Oh, I'm sorry. My name is Carol Gardner. I'm with Tacolcy Economic Development Corporation. My address is 675 Northwest 56th Street, Building C. Commissioner Haskins: OK. Ms. Gardner: Sorry about that. The -- when we brought this item initially to CD (Community Development), we had a cost of 1.1 million. Now when we brought it to them, it was in technical default. We had been working with our current lenders -- it's not a HUD lender. It's actually two joint venture -- two joint lenders, Equitable and the Ford Foundation. We were in technical default at that time. We negotiated with them a buy down of the loan. City ofMiami Page 16 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 The loan is actually higher than that, but what they did was give us 50 cents on a dollar, and they said the consequences for that is we charge you 50 cents a day every -- I mean, not 50 cents, $50 a day everyday after a certain period. Well, that's what incurred that cost, and we can't argue with them or go back to them. They have been more than reasonable with us. They have been waiting a very long time to get their -- get this -- these funds paid. They have gone beyond what any banking institution would do, and we appreciate that from them, and that is why we haven't -- and from the time we had this approved from the Loan Committee, it has actually been about almost nine months, so that cost kept ticking as it went (UNINTELLIGIBLE). Commissioner Haskins: But at $50 a day, does that come to $300,000 difference? Ms. Gardner: Well, $50 a day plus interest. Commissioner Haskins: Plus interest. Ms. Gardner: Yes, plus interest, so yeah -- Commissioner Haskins: OK. Ms. Gardner: -- it has -- actually, what it evolves up to be is about $280,000. Commissioner Haskins: So this is just -- what we're doing here is we're not putting a dollar into rehab with our -- with the City's money. What we're doing is we're refinancing the loans that you have -- Ms. Gardner: Right. Commissioner Haskins: -- and in exchange, we have a loan that you're going to pay back to us. Ms. Gardner: Right, in first -- Commissioner Haskins: OK. Ms. Gardner: -- position, and now I just wanted to make a quick comment on the rehab. This is not a extensive rehab. There are certain things that are happening in the building that is causing those units to go down, and the units that are actually down is because they have some minor issues that we can't rent them, meaning every time it rains in South Florida -- and it does it often -- that unit gets wet, so every time that tenant is in there, we have water going in. Commissioner Haskins: Well, you're doing a roof replacement? Chairman Gonzalez: That is -- Ms. Gardner: No. Roof is not our issue. We've gotten the roof replaced two years ago, so the roof is not the issue. What the problem is is that on the outside of the building, over the years, there has been cracks. We have gotten the cost estimate on it, and we've gotten three cost estimates. We have Gonzalez Painting ready to go to do it, and it -- everything falls with -- even replacing the elevators fall within our budget and the rehab of the units. Commissioner Haskins: And the 750,000 from the County can only be used for hard construction costs, is that correct? Ms. Gardner: Can be struction [sic] -- no, not for hard construction costs, for any rehab. Commissioner Haskins: Hard rehab costs -- Ms. Gardner: Right. Commissioner Haskins: -- hard costs. No soft costs, no -- City ofMiami Page 17 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Ms. Gardner: No. Commissioner Spence -Jones: Meaning no administration dollars. Ms. Gardner: There's no developer fees. No administration -- Commissioner Haskins: No nothing. Ms. Gardner: -- fee, no overhead, no nothing. Commissioner Haskins: OK. Alrighty, great. Ms. Gardner: This is straight costs for doing -- Chairman Gonzalez: All right. Ms. Gardner: -- the work, dollar for dollar. Chairman Gonzalez: All right. Commissioner -- Vice Chairman Sanchez. Vice Chairman Sanchez: I have a question. Why weren't -- we be able to use the HUD funds? Ms. Gardner: The HOME (Home Investment Partnership Program) funds -- we weren't able to use the HOME funds. We found out when we sent information to HUD that in order to use the HOME funds for refinancing, that 50 percent or more of those funds must go towards rehab. Well, we were awarded 1.1 million, and we needed the whole 1.1 million to go towards the refinancing. They would not consider the rehab funds that we received from the County. Vice Chairman Sanchez: So you couldn't comply with those restrictions? Ms. Gardner: I'm sorry. Vice Chairman Sanchez: You couldn't comply with those restrictions? Ms. Gardner: Right. Their refinancing dollars -- if we took 50 percent of the 1.1 -- Vice Chairman Sanchez: (UNINTELLIGIBLE). Ms. Gardner: -- then we wouldn't have enough to pay the lenders. That would be the problem. Vice Chairman Sanchez: I understand that part. Ms. Gardner: OK. Vice Chairman Sanchez: Barbara, maybe you could come up -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- and shine some light on this. Ms. Gomez -Rodriguez: Barbara Gomez -Rodriguez, Department of Community Development. First (UNINTELLIGIBLE) were a couple of issues. One, HUD dollars could be used for rehabbing and for refinancing. The problem is that when you do refinancing, for every dollar you use for refinances, you have to put two dollars in rehab. Commissioner Gonzalez, it's not forty -some units. It's 121 units. Chairman Gonzalez: They all need rehab? City ofMiami Page 18 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Ms. Gomez -Rodriguez: The whole building has 121 -- Commissioner Spence -Jones: Twenty-one. Ms. Gomez -Rodriguez: -- units. Forty-six units were going to be assisted with our dollars. That's basically when it was HUD. I'm very -- you know, the City have been very committed to this project from day one, and the only thing that I can recommend is that, regardless of the funding source we use -- and definitely, they were not able to get the match, so that's why they're seeking the Affordable Housing Trust dollars -- that we make a commitment -- that Tacolcy makes a commitment that all of the guidelines that the Housing and Loan Committee impose on them, they stay because it is very important to us that if we're going to refinance a building where we're going to be the lenders, and we're going to be in first position, that the building be totally rehabbed to make sure that these apartment do pass housing quality standards -- Vice Chairman Sanchez: They have to. Ms. Gomez -Rodriguez: -- number one, and number two, that we just don't rehab certain things in the building; that we take an approach that the building be rehabbed completely. The other thing that the Loan Committee did express is we want to see an engineering report, and that is something that we need. We want to make sure that everything that the engineering report says that it's needed, we do it; that there is a certification from the County and the City that their -- that the building code is not going to kick in, so these are the type of things that, regardless of the funding source, we want to make sure they stay. We also want to be part of the rehab. Even though that we will not be funding rehab, we want to make sure that we approve the work that is going to be done, and that we approve when it's completed, so those are the type of things that I would recommend that we impose, regardless of the funding source that we're considering; that these conditions stay. Tacolcy -- Edison Tower [sic] is one of the projects that was going to be discussed at the Loan Committee next Friday, which I do recommend that they should address the Loan Committee with all of the questions that they had for the project, but in reference to the Affordable Housing Trust, I don't think that we are opposed to it. Vice Chairman Sanchez: All right. Chairman Gonzalez: Vice Chairman Sanchez. Commissioner Spence -Jones: Thank you, Barbara. Vice Chairman Sanchez: Before I turn it over to Commissioner Spence -Jones, let me just state what the Chairman has stated. This item should have never been on a blue page, period. This item should have been on the regular agenda, giving everyone an ample opportunity to have a better understanding and have the public participate in it because it's a sensitive and humane issue when it comes to housing, but let me tell you, with the scandals that we've had with housing, you know, we, as government, need to be more prudent with how we address the issues, and we do have to follow rules and regulations, and I think the concern that we have, as legislators, based on the advice that's given to us by the department, who just stated those concerns on the record, I think we need to be very careful on it and follow those. Now the recommendation that has been made, that has been put on the floor, let me just put an advice out and just put something on the table. We should have this item come back on the regular agenda with the conditions that have been put on by the executive director, and then the legislative body should hear the item and move forward with the recommendation either to approve or deny, but we need to have a process in place, and I'm very concerned that I don't think that we -- this is not in best practices, so that's the concern that I have. Ms. Gomez -Rodriguez: Commissioner, would you entertain having it heard by the Loan Committee next Friday, and let them rule as to the funding, the amount, and the conditions? Chairman Gonzalez: Let me tell you -- City ofMiami Page 19 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Vice Chairman Sanchez: Look -- Chairman Gonzalez: -- what I would like. Ms. Gardner: OK. Chairman Gonzalez: I don't know how my colleagues will -- going to take this, but what I would like to do is to instruct the Manager to find the funding for the project for the financing, or refinancing, or whatever you want to call it, and then after this -- I understand this already went through the -- to the -- Ms. Gomez -Rodriguez: It did -- Commissioner Spence -Jones: It's already -- Chairman Gonzalez: -- Loan Committee, right? Commissioner Spence -Jones: -- it's gone through the -- Ms. Gomez -Rodriguez: -- and it was approved on March 31 -- Chairman Gonzalez: So why -- Ms. Gomez -Rodriguez: -- 2006. Chairman Gonzalez: -- does it have to go back to the Loan Committee? Ms. Gomez -Rodriguez: Because we need to change funding source, because the funding that was approved by the Loan Committee was HOME, and the HOME, they weren't able to get the match that is required for HOME -- Commissioner Spence -Jones: But -- Commissioner Haskins: Can we --? Ms. Gomez -Rodriguez: -- so what we will be doing is bringing back -- Chairman Gonzalez: How big -- Ms. Gomez -Rodriguez: -- the one -- Commissioner Spence -Jones: But if we're going to use another -- Chairman Gonzalez: -- of an emergency is this? I mean -- Commissioner Spence -Jones: It's a big emergency. Chairman Gonzalez: -- is the building going to be foreclosed next week or next month? Commissioner Spence -Jones: Mr. Chairman, I have -- and I respect the fact that we have not -- this item is coming this way and it -- and I respect Sanchez -- Commissioner Sanchez's opinion and your viewpoint of this not being placed on a blue page. The only reason why I placed this on a blue page is because I've been working, over the last nine to ten months, to have this addressed, and I really put this on the blue page out of desperation today. Commissioner Haskins: Can I make a suggestion that might -- Commissioner Spence -Jones: That's why it's on there. Commissioner Haskins: -- satisfy everyone? I really think -- I mean, this is an emergency. City ofMiami Page 20 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Ms. Gardner: It is. Commissioner Haskins: We have our residents here. We know this project. It's gone through the Loan Committee; it was approved. We've already said we have difficulties doing this, OK. Can we -- I make a suggestion that we bring it back this afternoon with all the conditions that were imposed by the Loan Committee, so that we can look at those and vote on it with those conditions so everybody is informed because I'm ready -- I think the Loan Committee's suggestions very reasonable. I really do, and I think we should be able to live with those, and it provides protection to the people that we're trying to help here, OK? Commissioner Spence -Jones: And I'm fine with -- Chairman Gonzalez: But I -- Commissioner Spence -Jones: -- us using those terms. Commissioner Haskins: So if we could bring it -- I'm just trying to come up with a compromise, that's it. OK. I'm just trying to come up with a compromise that we bring it back this afternoon with the conditions so that the Commissioners have a chance to see it, and if we could get it to the Commissioners for the lunch break, that would be great, and that we go ahead and move on it this afternoon on that basis. If, after we've seen the conditions, we're not happy -- and what I want to make sure in the conditions that one of the conditions is we try whatever we can to reduce the -- these penalties and interest, the $300,000 additional penalty interest. I would like to add that as a condition. I understand -- I mean, everybody understands this is something that should be on a regular agenda, subject to public hearing. We all have concerns about allocation from the Affordable Housing Trust Fund dollars without a policy, but maybe if we go that way, we can strike a compromise and get this thing moving. Not saying that for certain it'll be voted on, but let's look at the conditions and add that on on the additional 300,000 and see what we can do. Chairman Gonzalez: All right, but let me tell you what my point is. I mean, I don't see why - - and I don't think it's fair. Honestly, I don't think it's fair. If they already went through the Loan Committee and they were approved, why should they have to go back to the Loan Committee once again to get approved for the second time? That is unfair. I mean, is that done to anybody else? Ms. Gardner: That's -- Chairman Gonzalez: Is that done to everybody else? Ms. Gomez -Rodriguez: We do it for everybody -- Chairman Gonzalez: You know, and let me tell you what my position is. Ms. Gomez -Rodriguez: -- that changes funding source. Chairman Gonzalez: Let me tell you what my position is, OK? And I'm going to tell you exactly what my position is. I don't want the City of Miami doing to these people what the County does to my people in Allapattah, OK? The County -- and I hope the Commissioners at the County are watching this meeting. The County Manager and the County Mayor and -- they have an agenda against my CBO (Community Based Organization) in my community that all he has done in the last 28 years is produce housing and build housing for the poor people, OK? and I don't want the City of Miami doing that to any of our residents in the City of Miami. We are not -- we -- I don't -- we're not going to go back to the past of the City of Miami where we have personal vendettas, which is happening in the County right now because they're acting on personal vendettas and hidden agendas and personal agendas against some people in this County, and that is happening with Allapattah Business Development in the County by Mr. Roger Carlton, by Mrs. Cynthia Curry, and by some people in the County, and I hope, once again, I hope, once again, that they hear this meeting, that they be watching this meeting, and if they have a problem with what I'm saying, they're free to call me, and I will be available to them any time, any day, any year. It City ofMiami Page 21 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 is not fair. If they have already gone through the Loan Committee, they should be given the money to rehab the building. Now going through the Affordable Housing Trust Fund -- Ms. Gomez -Rodriguez: That's the problem. Chairman Gonzalez: -- there I have a problem, if we don't have a process because we're going to open the door for anybody else to come in and ask for that money, and if we say yes to one group, we're going to have to say yes to everybody else. What I suggest is that we identify -- Mr. Manager, you identify the funding, and then let them go through the process of whatever, of accepting the conditions, and I don't know if the Commissioner is willing to accept the conditions. Unidentified Speaker: Yes, yes. Ms. Gardner: The conditions that the housing committee had already put on the line, we're not in rejection to those. We have those documented conditions. Chairman Gonzalez: OK -- Ms. Gardner: We just don't want anything added -- Chairman Gonzalez: -- so -- Ms. Gardner: -- that will prolong this situation. Those conditions, we already satisfied. We've already gotten engineering reports. We paid $15,000 in March -- in April to have the engineering report, to have the City's Building Department and Zoning Department meet with our engineers, certify everything, so the cost are there. The cost may have changed from March to now, but we have the same bids, and those bid -- those contractors are going to -- Chairman Gonzalez: Let me tell you -- Ms. Gardner: -- use those same bids, so we've met them. Chairman Gonzalez: I hate being discriminated, and we talk in this County and in this City we talk a lot about discrimination, OK, but we only use the discrimination word when we talk about African Americans, and believe it or not, there is still discrimination in this County against the Hispanics and against the Cubans, even though we're a majority in this County. Even though we produce the amount of dollars that we produce to support this County and to support this City, we are being discriminated, and the people in Allapattah are being discriminated by Miami -Dade County and by the bureaucrats of Miami -Dade County, and I'm sick and tired of it. I've been holding it on and holding it on and waiting and waiting, but it's time to put it on the table. It's time to put it on the table, and I'm not going to participate on submitting these people or anybody to any process that we don't submit anybody else. That's my position, and I'm willing to support the loan, and I'm willing to support the building and the residents. Commissioner Regalado: Mr. Chairman. Commissioner Spence -Jones: Mr. Chair -- Commissioner Regalado: Mr. Chairman -- Chairman Gonzalez: Yes, sir. Commissioner Regalado: -- if I may. This item was on the agenda in the last Commission meeting, and I read it and I asked because we were told that it was going to come back. Everybody knows that it's an emergency, and you know, you're right, and I keep asking you, ask our Chairman to write a white paper about housing -- Chairman Gonzalez: Right. City ofMiami Page 22 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Commissioner Regalado: -- in the City of Miami because, at the end of the day, this white paper should reflect those things that we're saying here. There might be somebody watching from the County -- I'm sure that they are -- but we're dismiss -- Chairman Gonzalez: But you know what, Tomas? Do you know where I'm coming from? Commissioner Regalado: Yeah, I know. I -- Chairman Gonzalez: We are going back -- in the County now, we're going back to the 1996 and 1997 of the City of Miami -- Commissioner Regalado: Yeah. Chairman Gonzalez: -- where there were personal agendas. They used the Police Department. They used the State Attorney's Office. They used every power that they had, OK, to go after people, and I was one of the victims of that system. Commissioner Regalado: I know you were. Chairman Gonzalez: I was a victim of that system -- Commissioner Regalado: I know you were. Chairman Gonzalez: -- and now my people are being the victims of the new system of Miami -Dade County -- Commissioner Regalado: And -- Chairman Gonzalez: -- and if they have problems -- because they gave money away right and left to everyone, OK. They should have had smarter people working over there because Allapattah Business Development never got a penny from the -- as a matter of fact, as a matter of fact, on the 11 years that I worked for that agency, I applied for funding for administration every single year, and my funding was denied, every single year, and the funding that they got to build is in mortar and block, and it has been built, and there are people living in the units, but they have a personal agenda, and they're playing games. They're playing games once again. Commissioner Regalado: Your problem was that you didn't have high -paying lobbyists working for the Allapattah, but -- Ms. Gardner: And neither do we. Chairman Gonzalez: That's correct. Ms. Gardner: I just want to add. Commissioner Regalado: -- here's the thing, here's the thing, and it was on the agenda the last time, and I ask and I kept asking, and I got good briefings on this matter. We know it's an emergency. We -- this afternoon, it probably won't be, for this Commission, enough time to study. If we approve this with the condition that the Loan Committee, which is a professional group of people -- Commissioner Haskins: Dependent -- Commissioner Regalado: -- next Friday -- Commissioner Haskins: -- independent of the Commission. Commissioner Regalado: Independent of the Commission -- from now to next Friday, approve and find the funding, and the Loan Committee finds it's OK, we should move forward, then there's no problem. Now if the Loan Committee decides not to approve it, then what the Commission does today here, if we decide to approve this, has to be City ofMiami Page 23 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 reconsidered, but what we cannot is hold on to this paper until the next meeting in December because it complicates, and then there's Thanksgiving and Christmas and all that. If we were to approve this with the condition that the Loan Committee will look at all aspect and find it that it's OK, then it's OK; it moves forward. I don't see why we cannot just facilitate the situation for these people. I don't see why we have to wait for the Loan Committee, then to come back to the agenda, then to be brief, and then to be discussed in December or maybe in January because we are going to have so many things in the agenda. Commissioner Spence -Jones: Mr. -- Chairman Gonzalez: All right. Ms. Gomez -Rodriguez: Commissioner -- Commissioner Regalado: So -- Pedro G. Hernandez (City Manager): Mr. Chairman. Mr. Chairman, if I may? Chairman Gonzalez: Yes, Mr. City Manager. Vice Chairman Sanchez: And I want to hear from the executive director on this. Mr. Hernandez: Mr. Chairman, if I may? The Loan Committee has already, you know, seen this item and they placed certain conditions. I think that, with your approval, I can enforce those conditions and add any other that you feel are necessary, without having to go back to the Loan Committee. The Loan Committee really doesn't deal with the funding source. That's not their jurisdiction. It's basically the transaction, so I feel confident that it doesn't have to go back; that we can actually impose the conditions that they already placed on it, and as far as the precedent, I agree that any future allocations of the Affordable Housing Trust should, as part of the process, go through the Loan Committee process. This one -- Vice Chairman Sanchez: No. It should have a process. Mr. Hernandez: -- in essence -- Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: It should have an established process. Mr. Hernandez: We need to have that established process that should contain going through the Loan Committee as one of the steps, and this one already has gone through that part of the process. Chairman Gonzalez: All right. Commissioner Spence -Jones: And -- Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: Mr. Chairman, thank you, and all my colleagues, thank you for your support on this item. Again, I want to truly apologize for bringing this as a blue page item. This is one of the first items that I had on my agenda as a new Commissioner. It was on my first agenda -- Chairman Gonzalez: I know. Commissioner Spence -Jones: -- so I've been working very hard to address this issue back and forth with CD and with the folks from TDC [sic]. I just want to say last that this is a loan and it is the right thing to do, and it fulfills our purpose of the trust fund to provide affordable housing -- the City's commitment to provide housing to all people. This is going to allow for us to have 40 additional units, which could possibly mean 40 families would City ofMiami Page 24 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 now have a place to live now in the Liberty City area. I'm asking that my fellow Commissioners support me in addressing the affordable housing needs of Edison Towers and to definitely make sure that we impose the conditions that the Loan Committee has added, but I think that because they've been waiting for a very long time, I would ask the Commissioners to please support me, and we'll make sure that we put a process in place and we do that for the Affordable Housing Trust, but at this point, we do not need to string them on any longer, so if I could have the support from my Commissioners -- Chairman Gonzalez: Call the question. Vice Chairman Sanchez: Wait, wait, wait, wait. Whoa, whoa, whoa, whoa. I need to have Barbara come up, and what has been proffered, is it within the scope and the regulations and the restrictions of the City -- Chairman Gonzalez: They are. Vice Chairman Sanchez: -- and the lending institutions? Chairman Gonzalez: They already said they area. Ms. Gomez -Rodriguez: The understanding is that we're going to accept the Loan Committee recommendations. We're just going to change the funding source, and the reason that I was saying -- going back, Commissioner, we only make people go back if you need additional dollars or if you cannot use the funding source that was approved. Chairman Gonzalez: But -- Ms. Gomez -Rodriguez: Otherwise, you don't go back. Chairman Gonzalez: -- in this case, they're not using -- Vice Chairman Sanchez: She has to go back. Chairman Gonzalez: -- additional dollars. They're using the first dollars that were assigned to them. Vice Chairman Sanchez: But a different source. Ms. Gomez -Rodriguez: Are you going to use --? The Loan Committee approved 1.1. My understanding from Carol now is that they need 1.4, which is $300,000 more. Chairman Gonzalez: Then I stand corrected. Commissioner Spence -Jones: OK. Chairman Gonzalez: All right. Did they ask -- answer your questions? Vice Chairman Sanchez: We've debated this long enough. We're prepared to vote on the issue. Chairman Gonzalez: Right. Vice Chairman Sanchez: This item should have never been on a blue page item. Chairman Gonzalez: Right. Commissioner Spence -Jones: And we already are very clear that it shouldn't have been, and the only reason why is I've been working -- Ms. Rodri -- Chairman Gonzalez: Call the question. Jorge L. Fernandez (City Attorney): Well, Mr. Chairman, point of clarification. You are not, City ofMiami Page 25 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 in fact, approving any such loan. It's coming back to you this afternoon when all the terms and conditions are clarified for your final ratification. All you're doing by this vote that you're taking now is instructing the -- Chairman Gonzalez: Well -- Mr. Fernandez: -- City Manager -- Chairman Gonzalez: Time out, time out, time out. Mrs. Rodriguez has to go to the hospital because -- Commissioner Spence -Jones: Yes. Chairman Gonzalez: -- her mother is going under surgery, open-heart surgery, and she's here -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- OK. I don't know if she's going to be able to come back this afternoon to ratify this or not ratify this. I mean, you know, we have to -- I mean, we're all adults here. Everything -- Mr. Fernandez: Well -- Chairman Gonzalez: -- has been put on the record. I mean, what is the problem? The Manager said that they have certain conditions. The lady says that they agree to the conditions. The Commissioner agreed with the condition. Why do we have to leave and come back to go over the same thing again? Ms. Gardner: Right. We don't -- Ms. Gomez -Rodriguez: Can we -- Mr. Fernandez: Well -- Ms. Gomez -Rodriguez: -- just approve the conditions of the Loan Committee under the Affordable Housing Trust -- Commissioner Haskins: And the -- Ms. Gomez -Rodriguez: -- and we will de -obligate -- Commissioner Haskins: -- condition that we try -- Ms. Gomez -Rodriguez: -- the HOME fund. Commissioner Haskins: -- to reduce the $300,000 interest and penalties that have accrued. Ms. Gardner: Right. Ms. Gomez -Rodriguez: OK. Can we approve the 1.1, and we will work with Tacolcy to see - Chairman Gonzalez: Exactly. Ms. Gomez -Rodriguez: -- the different -- Chairman Gonzalez: Let's do that. Let's do that. All right, so what we're going to do is we're going to approve -- we're going to vote to approve or disapprove -- Vice Chairman Sanchez: The conditions. City ofMiami Page 26 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Chairman Gonzalez: -- the $1.1 million, with the conditions, and then they will come back for the other $300,000. Ms. Gardner: No, no. Chairman Gonzalez: Is that OK with you, Commissioner Jones [sic]? Ms. Gardner: They all go together. Commissioner Spence -Jones: But why are we breaking them up? Ms. Gardner: Yeah. Ms. Gomez -Rodriguez: What he was saying is that if we approve what the Loan Committee approved -- the Loan Committee approved 1.1, so what Commissioner Gonzalez is saying, let's approve what the Loan Committee approve, just change the funding source from HOME to the Affordable Housing Trust. What Carol is saying that it needs to be increased $300,000. Commissioner Spence -Jones: OK. Carol, at this point, because the Loan Committee has only funded the 1.4 -- 1.1, can we please move along with this item, and then come back to work out the other details? Because I do understand why they would probably have a issue approving something that was not originally approved by the Loan Committee. Ms. Gardner: OK. I agree with that, but I just want to state for the record that in order to pay off the other loan fully, that the other $300,000 will be included. We can provide you proof of it. It's not something that we made up. Commissioner Spence -Jones: OK. Commissioner Haskins: But I think it helps in trying to negotiate it that -- Ms. Gardner: Yes. Commissioner Haskins: OK -- Ms. Gardner: I do agree that we -- Commissioner Haskins: -- and let's -- Ms. Gardner: -- should -- at least allow us to come back the next time or in December or this afternoon to talk about that 300,000 -- Commissioner Haskins: It'll -- Ms. Gardner: -- because really -- Commissioner Haskins: If you give the -- if you give your lenders a $1.1 million payment, OK, at least for the principal, and then -- the principal -- the -- whatever your negotiated settlement was, we have time, for the next Commission meeting, not -- we don't have to deal with that the -- this afternoon for the 300,000 -- Ms. Gardner: OK. Commissioner Haskins: -- every lender in the world -- I'm from banking -- will be happy to get their $1.1 million check out of the 1.4. Ms. Gardner: OK. We'll do that. Mr. Hernandez: There's an opportunity to go to the Loan Committee next Friday for the additional 300,000. City ofMiami Page 27 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Chairman Gonzalez: All right, so -- Ms. Gardner: Yes. We will do that. We will do that. Chairman Gonzalez: -- we should take it to the Loan Committee next Friday, so -- Commissioner Spence -Jones: OK. Chairman Gonzalez: All right. Commissioner Spence -Jones: For that additional. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: And we have a second. All in favor, say "aye." Those opposed? Vice Chairman Sanchez: One "no." Chairman Gonzalez: No. One "no." Ms. Thompson: But could -- Chairman Gonzalez: All right. Ms. Thompson: -- just want to make sure, Chair, that this is being adopted as modified. Chairman Gonzalez: With the conditions. Ms. Thompson: OK, because I have a substitute here, so it's 1.1 is the -- Mr. Fernandez: Correct. Ms. Thompson: -- modification with the conditions, correct? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Thank you. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: All right. Now I'm going to take my blue -- Ms. Gardner: Thank you. Chairman Gonzalez: -- pages. They should be no controversy. They should be no discussion. It's very simple. Ms. Gomez -Rodriguez: Commissioner, do you mind taking PH.7? Chairman Gonzalez: Taking what? Ms. Gomez -Rodriguez: Take PH.7, Community Development items that was supposed to be at -- Vice Chairman Sanchez: Why don't we try -- City ofMiami Page 28 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Ms. Gomez -Rodriguez: -- 10:30. Vice Chairman Sanchez: -- to get you out of here as quickly as possible -- Ms. Gomez -Rodriguez: Yeah. Vice Chairman Sanchez: -- so you could go be with your mother. Chairman Gonzalez: Well, let me get my blue pages out. Ms. Gomez -Rodriguez: OK. Chairman Gonzalez: It'll be two seconds, and then we will take all your items, so you can go to the hospital. City ofMiami Page 29 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 SPECIALLY SCHEDULED ITEMS SS.1 06-01881 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Clerk ATTACHMENT(S) OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI SPECIAL ELECTION HELD ON NOVEMBER 7, 2006 FOR THE ELECTION OF COMMISSIONER DISTRICT 2. 06-01881 Legislation.pdf 06-01881 Cover Memo.pdf R-06-0664 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones City ofMiami Page 30 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 PH.1 06-01880 Department of Public Facilities PH.2 06-01879 Department of Parks and Recreation PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE SURPLUS AND CONVEY THE CITY OF MIAMI ("CITY") OWNED PROPERTIES LOCATED AT 1401 AND 1441 NORTH MIAMI AVENUE, MIAMI, FLORIDA, IN "AS IS" AND "WHERE IS" CONDITION, CONTAINING APPROXIMATELY 14,017 SQUARE FEET OF IMPROVED PROPERTY , AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, BY CITY DEED, WITH REVERTER PROVISIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CITY DEED, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS TO EFFECTUATE SAID CONVEYANCE. 06-01880 Legislation.pdf 06-01880 Exhibit .pdf 06-01880 Summary Form.pdf 06-01880 Memo .pdf 06-01880 Notice of Public Hearing.pdf 06-01880 Graphic Scale.pdf 06-01880 Master Report.pdf 06-01880 Pre -Legislation .pdf 06-01880 Pre -Legislation 2 .pdf R-06-0658 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION, THAT THE FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("FOCAL") IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE AFTER -SCHOOL TUTORING, COUNSELING, AND COMPUTER City ofMiami Page 31 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 EDUCATIONAL SERVICES FOR AT -RISK YOUTH AT THE CITY'S MOORE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FOCAL TO CONTINUE TO PROVIDE SAID AFTER -SCHOOL SERVICES, FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007, WITH THE OPTION TO RENEW FOR A ONE-YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $115,452; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $115,452 FOR FISCAL YEAR 2006-2007, FROM NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.882000 WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO BUDGETARY APPROVAL. 06-01879 Legislation .pdf 06-01879 Exhibit .pdf 06-01879 Exhibit 2 .pdf 06-01879 Exhibit 3 .pdf 06-01879 Exhibit 4 .pdf 06-01879 Exhibit 5 .pdf 06-01879 Exhibit 6 .pdf 06-01879 Exhibit 7 .pdf 06-01879 Exhibit 8 .pdf 06-01879 Exhibit 9 .pdf 06-01879 Summary Form.pdf 06-01879 Memo .pdf 06-01879 Public Hearing Notice .pdf 06-01879 Notice of Public Hearing .pdf R-06-0659 MOVED: Michelle Spence -Jones SECONDED: Linda Haskins Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PH.3 06-01882 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Recreation AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT ARTS FOR LEARNING/ MIAMI, INC ("ARTS FOR LEARNING"), MIAMI-DADE FAMILY LEARNING PARTNERSHIP, INC. ("MDFLP"), AND MUSEUM OF SCIENCE, INC. ("MUSEUM OF SCIENCE"), ALL FLORIDA City ofMiami Page 32 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 NOT -FOR -PROFIT CORPORATIONS, ARE THE MOST QUALIFIED FIRMS TO PROVIDE ART TEACHER MANAGEMENT, LITERACY BASED CURRICULUM, TEACHER SUPERVISION, SCIENCE -RELATED ACTIVITIES, FAMILY DAY FIELD TRIPS AND OTHER SUCH ACTIVITIES IN CONJUNCTION WITH EDUCATIONAL AND PARKS SERVICES AT AFRICAN SQUARE, CURTIS, DUARTE, SHENANDOAH, AND WILLIAMS PARKS WITH EXPANSION PROGRAMS AT ROBERT KING HIGH PARK AND THE SANDRA DELUCCA DEVELOPMENTAL CENTER; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ARTS FOR LEARNING, MDFLP, AND MUSEUM OF SCIENCE, FOR A PERIOD COMMENCING AUGUST 1, 2006 THROUGH MAY 31, 2007, IN AN AMOUNT NOT TO EXCEED $91,460, FOR ARTS FOR LEARNING, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS; IN AN AMOUNT NOT TO EXCEED $68,000, FOR MDFLP, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS; AND IN AN AMOUNT NOT TO EXCEED $99,972, FOR MUSEUM OF SCIENCE WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED A GRAND TOTAL OF $259,432, FOR FISCAL YEAR 2006-2007, FROM AN ACCOUNT TO BE DETERMINED BY THE DEPARTMENT OF FINANCE, WITH FUTURE FISCAL YEARS' FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 06-01882 Legislation .pdf 06-01882 Exhibit .pdf 06-01882 Exhibit 2 .pdf 06-01882 Exhibit 3 .pdf 06-01882 Exhibit 4 .pdf 06-01882 Exhibit 5 .pdf 06-01882 Exhibit 6 .pdf 06-01882 Exhibit 7 .pdf 06-01882 Exhibit 8 .pdf 06-01882 Exhibit 9 .pdf 06-01882 Summary Form .pdf 06-01882 Memo .pdf 06-01882 Memo 2 .pdf 06-01882 Memo 3 .pdf 06-01882 Memo 4 .pdf 06-01882 Notice of Public Hearing .pdf R-06-0660 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Direction by Commissioner Spence -Jones to the City Manager to include Jose Marti Park when applying for grants for park services and activities. PH.4 06-01883 RESOLUTION City ofMiami Page 33 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Recreation AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT BELAFONTE TACOLCY CENTER, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("BTC"), IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE THE SPORTS DEVELOPMENT PROGRAM AT THE CITY'S BELAFONTE TACOLCY PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BTC TO CONTINUE TO PROVIDE SAID SPORTS DEVELOPMENT PROGRAM FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007, WITH AN OPTION TO RENEW FOR A ONE-YEAR PERIOD, WITH THE SAME TERMS AND CONDITIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $86,675; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $86,675, FOR FISCAL YEAR 2006-2007, FROM NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.882000, WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO BUDGETARY APPROVAL. 06-01883 Legislation.pdf 06-01883 Exhibit .pdf 06-01883 Exhibit 2 .pdf 06-01883 Exhibit 3 .pdf 06-01883 Exhibit 4 .pdf 06-01883 Summary Form.pdf 06-01883 Memo.pdf 06-01883 Memo 2 .pdf 06-01883 Notice of Public Hearing.pdf R-06-0661 MOVED: Michelle Spence -Jones SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones PH.5 06-01790 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Economic ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Development AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS, WAIVING COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-89 AND 18-90 OF THE CODE OF THE City ofMiami Page 34 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 CITY OF MIAMI, FLORIDA, AS AMENDED; RATIFYING THE ISSUANCE OF THE WORK ORDER BY THE DEPARTMENT OF CAPITAL IMPROVEMENTS TO PROFESSIONAL ENGINEERING AND INSPECTION COMPANY, INC. ("PEICO"), PURSUANT TO PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL/COASTAL ENGINEERING PROFESSIONAL SERVICES DATED MAY 11, 2004, TO PERFORM THE REMEDIATION WORK REQUIRED FOR THE PROJECT ENTITLED "IMPLEMENT SOURCE REMOVAL PLAN -CIVIC TOWERS," IN AN AMOUNT NOT TO EXCEED $99,977.70; FURTHER AUTHORIZING THE PAYMENT OF $99,977.70, TO PEICO; ALLOCATING SAID FUNDS, FOR FISCAL YEAR 2006-2007, FROM ECONOMIC DEVELOPMENT CONTRACT NO. K-0400339, WORK ORDER NO. 30. 06-01790 Legislation.pdf 06-01790 Exhibit .pdf 06-01790 Exhibit 2 .pdf 06-01790 Exhibit 3 .pdf 06-01790 Exhibit 4 .pdf 06-01790 Exhibit 5 .pdf 06-01790 Exhibit 6 .pdf 06-01790 Exhibit 7 .pdf 06-01790 Summary Form.pdf 06-01790 Memo.pdf 06-01790 Memo 2 .pdf 06-01790 Notice of Public Hearing.pdf 06-01790 Professional Services Agreement.pdf 06-01790 Request Form.pdf 06-01790 Work Order.pdf 06-01790 Enviromental Coastal.pdf 06-01790 Consultant Work Order.pdf 06-01790 Staff Classification.pdf 06-01790 Professional Services .pdf R-06-0662 MOVED: Linda Haskins SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Regalado and Spence -Jones NOES: Commissioner Sanchez PH.6 06-01792 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AFTER AN Police ADVERTISED PUBLIC HEARING AS REQUIRED BY THE CITY COMMISSION, PURSUANT TO RESOLUTION NO. 06-0256, ADOPTED APRIL 27, 2006, AUTHORIZING THE PURCHASE AND INSTALLATION OF CLOSED CIRCUIT TELEVISION CAMERAS AT PUBLICLY DISCLOSED LOCATIONS, UTILIZING U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE CONTRACT #RQ03-605674-16A, FOR COMPUTERS (BRAND NAME), City ofMiami Page 35 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 PERIPHERALS, SOFTWARE, AND RELATED SERVICES (TECHNOLOGY PRODUCTS), EFFECTIVE THROUGH APRIL 30, 2006, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY U.S. COMMUNITIES, OR UTILIZING U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE CONTRACT #RQ06-814063-10A, FOR HOMELAND SECURITY EQUIPMENT, PUBLIC SAFETY EQUIPMENT AND RELATED SERVICES, FOR THE DEPARTMENT OF POLICE, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $400,000, WITH ALL PURCHASES BEING SUBJECT TO BUDGETARY APPROVAL ONLY. 06-01792 Legislation .pdf 06-01792 Summary Form.pdf 06-01792 Pre-Attachment.pdf 06-01792 Memo.pdf 06-01792 Notice of Public Hearing.pdf 06-01792 Website.pdf 06-01792 Notice of Award of Contract.pdf 06-01792 Memo of Negotiations.pdf 06-01792 Revised Notice of Award of Contract.pdf 06-01792 Pricing Structure.pdf 06-01792 Technology Products.pdf 06-01792 Amendment to Notice of Award .pdf 06-01792 Revised Notice of Award of Contract 2 .pdf 06-01792 Acceptance Agreement. pdf 06-01792 Product Listing & Discount.pdf 06-01792 Administrative Agreement. pdf R-06-0663 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 10:30 A.M. PH.7 06-01884 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOME Development INVESTMENT PARTNERSHIPS PROGRAM ("HOME") FUNDS, IN THE TOTAL AMOUNT OF $81,580.19, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI'S DEPARTMENT OF COMMUNITY DEVELOPMENT FOR RELOCATION RENTAL ASSISTANCE FOR TENANTS DISPLACED BY PROPERTIES ACQUIRED BY THE MODEL CITY TRUST/ CITY OF MIAMI SINCE NOVEMBER 2, 2004. City ofMiami Page 36 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 06-01884 Legislation .pdf 06-01884 Exhibit .pdf 06-01884 Summary Form.pdf 06-01884 Public Notice.pdf R-06-0647 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PH.8 06-01885 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOUSING Development OPPORTUNITIES FOR PERSONS WITH AIDS FUNDS, IN THE TOTAL AMOUNT OF $42,750, FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT LONG TERM RENTAL ASSISTANCE ("LTRA") PROGRAM; ALLOCATING SAID FUNDS, TO SUNSHINE FOR ALL, INC., TO PROVIDE LTRA SERVICES, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, TO AN ADDITIONAL TWENTY FIVE CLIENTS, INCREASING THEIR CASELOAD TO ONE HUNDRED TWENTY-FIVE, FOR THE 32ND PROGRAM YEAR BEGINNING OCTOBER 1, 2006; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE EXISTING AGREEMENT, WITH SUNSHINE FOR ALL, INC., FOR SAID PURPOSE. 06-01885 Legislation.pdf 06-01885 Exhibit .pdf 06-01885 Exhibit 2 .pdf 06-01885 Exhibit 3 .pdf 06-01885 Exhibit 4 .pdf 06-01885 Summary Form.pdf 06-01885 Public Notice.pdf 06-01885 Long Term Rental Assistance.pdf R-06-0648 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PH.9 06-01886 RESOLUTION City ofMiami Page 37 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE EXTENSION AND ROLLOVER Development OF ACCOUNTS OF PREVIOUSLY APPROVED ACTIVITIES/PROJECTS, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, THAT WERE NOT COMPLETED DURING FISCAL YEAR 2005-2006, THAT ENDED SEPTEMBER 30, 2006, TO THE CURRENT FISCAL YEAR 2006-2007, ENDING SEPTEMBER 30, 2007; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS TO AMEND THE EXISTING AGREEMENTS WITH SAID AGENCIES, FOR SAID PURPOSES. 06-01886 Legislation .pdf 06-01886 Exhibit .pdf 06-01886 Summary Form.pdf 06-01886 Public Notice.pdf R-06-0649 MOVED: Tomas Regalado SECONDED: Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PH.10 06-01887 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF $50,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT'S COMMERCIAL CODE COMPLIANCE PROGRAM AND THE AMOUNT OF $70,000, FROM TARPUN BAY USA, INC. FOR A TOTAL AMOUNT OF $120,000; ALLOCATING SAID FUNDS TO THE AGENCIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING QUALITY STANDARD INSPECTION SERVICES FOR THE CITY OF MIAMI'S SECTION 8 HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION PROGRAMS AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS WITH SAID AGENCIES, FOR SAID PURPOSE. 06-01887 Legislation.pdf 06-01887 Exhibit .pdf 06-01887 Summary Form.pdf 06-01887 Public Notice.pdf 06-01887 Text File Report.pdf 06-01887 Pre-Attachment.pdf 06-01887 Text File Report 2 .pdf 06-01887 Pre -Attachment 2 .pdf 06-01887 Text File Report 3 .pdf 06-01887 Pre -Attachment 3 .pdf City ofMiami Page 38 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 PH.11 06-01888 Department of Community Development PH.12 06-01889 Department of Community Development R-06-0650 MOVED: Joe Sanchez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE TOTAL AMOUNT OF $50,500, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT -DISTRICT FIVE RESERVE ACCOUNT; ALLOCATING SAID FUNDS, IN THE AMOUNT OF $32,800, TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP. ("RHHED"), AND THE AMOUNT OF $17,700, TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT COMMERCIAL FAQADE PROGRAM AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT, WITH RHHED, FOR SAID PURPOSE. 06-01888 Legislation .pdf 06-01888 Exhibit .pdf 06-01888 Exhibit 2 .pdf 06-01888 Exhibit 3 .pdf 06-01888 Exhibit 4 .pdf 06-01888 Summary Form.pdf 06-01888 Public Notice.pdf 06-01888 Text File Report.pdf 06-01888 Pre-Attachment.pdf 06-01888 Program Agreement.pdf 06-01888 Pre -Attachment 2 .pdf 06-01888 Pre -Attachment 3 .pdf R-06-0651 MOVED: SECONDED: Linda Haskins Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones ABSENT: Commissioner Regalado RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $75,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT-MIAMI RECOVERS PROGRAM; ALLOCATING SAID FUNDS TO PARTNERSHIP FOR RECOVERY, INC., City ofMiami Page 39 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 TO ASSIST ELIGIBLE CITY OF MIAMI RESIDENTS DAMAGED BY THE 2005 HURRICANE SEASON, WITH ROOF REPAIRS AND ROOF REPLACEMENTS, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS WITH PARTNERSHIP FOR RECOVERY, INC., FOR SAID PURPOSE. 06-01889 Legislation.pdf 06-01889 Exhibit.pdf 06-01889 Summary Form.pdf 06-01889 Public Notice.pdf R-06-0652 MOVED: Joe Sanchez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones City ofMiami Page 40 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 FR.1 06-01711 Downtown Development Authority FR.2 06-01775 Downtown Development Authority ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 14/ARTICLE II/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " DOWNTOWN DEVELOPMENT/DOWNTOWN DISTRICT/DOWNTOWN DEVELOPMENT AUTHORITY," TO AMEND: (I) MEMBERSHIP QUALIFICATIONS, (II) THE TIME IN WHICH THE CITY COMMISSION MAY REJECT AN APPOINTEE FOR OFFICE, (III) TERM OF OFFICE, (IV) THE BOARD'S POWER TO EMPLOY STAFF, AND (V) BASIS FOR REMOVAL OF BOARD MEMBERS; PROVIDING FOR THE AMENDMENTS TO APPLY AS OF AUGUST 1, 2006; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-01711 Legislation .pdf 06-01711 Cover Memo.pdf 06-01711 Pre -Legislation .pdf 06-01711 Pre -Legislation 2 .pdf MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones ABSENT: Commissioner Regalado ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BY AMENDING SECTIONS 2-884, 2-885, 2-886 AND 2-887 TO RECOGNIZE EXEMPTIONS PROVIDED BY OTHER CHARTER OR CODE PROVISIONS PERTAINING TO SPECIFIC BOARDS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-01775 Legislation.pdf 06-01775 Cover Memo.pdf 06-01775 Pre-Legislation.pdf MOVED: Joe Sanchez SECONDED: Linda Haskins Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins and Sanchez ABSENT: Commissioner Regalado and Spence -Jones City ofMiami Page 41 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 FR.3 06-01956 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), APPROVING AN AMENDMENT TO THE "BAY HEIGHTS ROVING SECURITY GUARD SPECIAL TAXING DISTRICT," TO INCREASE THE OFF -DUTY POLICE ROVING PATROL SERVICES FROM SIXTEEN HOURS TO TWENTY-FOUR HOURS PER DAY, FOR THE BAY HEIGHTS NEIGHBORHOOD, MIAMI, FLORIDA; SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND MIAMI-DADE COUNTY REQUIREMENTS; APPROVING NECESSARY EXPENDITURES FOR SAID ROVING OFF -DUTY POLICE PATROL SERVICE; REQUIRING REIMBURSEMENT FOR ALL EXPENDITURES; AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01956 Legislation .pdf 06-01956 Exhibit .pdf 06-01956 Summary Form.pdf MOVED: Linda Haskins SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones City ofMiami Page 42 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 RE.1 06-01899 Department of Capital Improvement Programs/Transpor tation RE.2 06-01900 Department of Capital Improvement Programs/Transpor tation RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE "CONSTRUCTION MANAGER AT RISK AGREEMENT" DATED JANUARY 3, 2006, WITH JAMES B. PIRTLE CONSTRUCTION COMPANY, INC., FOR THE PROVISION OF CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE "JOSE MARTI GYMNASIUM PROJECT NO. B-35857," TO AUTHORIZE THE CONSTRUCTION WORK FOR STAGE 2 OF THE PROJECT, AS DEFINED AND CONTEMPLATED IN THE AGREEMENT, IN AN AMOUNT NOT TO EXCEED $6,380,000, INCREASING THE GUARANTEED MAXIMUM PRICE OF THE AGREEMENT FROM $4,060,000, TO AN AMOUNT NOT TO EXCEED $10,440,000; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $4,333,300, FOR FISCAL YEAR 2005-2006, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. B-35857, AND $2,046,700 FOR FISCAL YEAR 2006-2007, FROM CIP NO. B-35857 CONSISTING OF VARIOUS FUNDING SOURCES. 06-01899 Legislation.pdf 06-01899 Exhibit.pdf 06-01899 Summary Form.pdf 06-01899 Pre-Legislation.pdf R-06-0666 MOVED: SECONDED: Joe Sanchez Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones NOES: Commissioner Haskins RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE "CONSTRUCTION MANAGER AT RISK AGREEMENT" DATED JANUARY 3, 2006, WITH JAMES B. PIRTLE CONSTRUCTION COMPANY, INC., FOR THE PROVISION OF CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE "LITTLE HAITI PARK CULTURAL CENTER, PROJECT NO. B-30295", TO AUTHORIZE THE CONSTRUCTION WORK FOR STAGE II OF THE PROJECT, AS DEFINED AND CONTEMPLATED IN THE AGREEMENT, IN AN AMOUNT NOT TO EXCEED $8,900,000, THEREBY INCREASING THE GUARANTEED MAXIMUM PRICE OF THE AGREEMENT FROM $5,060,000 TO AN AMOUNT NOT TO EXCEED $13,960,000; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $5,693,319, FOR FISCAL YEAR 2005-2006, FROM CAPITAL IMPROVEMENT City ofMiami Page 43 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 PROJECT ("CIP") NO. B-30295, AN AMOUNT NOT TO EXCEED $1,183,681, FOR FISCAL YEAR 2006-2007, FROM CIP NO. B-30295, AND THE REMAINING BALANCE OF $2,023,000, FROM PROJECT B-30295. 06-01900 Legislation.pdf 06-01900 Exhibit.pdf 06-01900 Summary Form.pdf 06-01900 Pre-Legislation.pdf R-06-0667 MOVED: Michelle Spence -Jones SECONDED: Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones NOES: Commissioner Haskins RE.3 06-01717 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), TO CONSIDER A REQUEST FROM SARMIENTO ADVERTISING GROUP, LLC, ("SARMIENTO"), DATED AUGUST 31, 2006, TO THE CITY MANAGER REQUESTING PRIOR APPROVAL AND CONSENT OF THE CITY COMMISSION TO APPROVE THE SALE AND TRANSFER OF ONE HUNDRED PERCENT (100%) OF SARMIENTO'S STOCK TO FUEL MIAMI, LLC, A DELAWARE LIMITED LIABILITY CORPORATION ("FUEL"), PURSUANT TO SECTION 9.3 AND SECTION 10.8 OF THE AGREEMENT DATED APRIL 18, 2002 BETWEEN THE CITY OF MIAMI AND SARMIENTO FOR BUS BENCH DESIGN, INSTALLATION AND MAINTENANCE; SETTING FORTH THE CONDITIONS FOR SUCH APPROVAL AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN ASSIGNMENT AND ASSUMPTION AGREEMENT WITH SARMIENTO, FUEL, AND FUEL'S PARENT COMPANY, FUEL OUTDOOR HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("FUEL OUTDOOR"), WHICH INCLUDES BUT IS NOT LIMITED TO SUCH CONDITIONS AS SET FORTH BELOW AND AS ARE SATISFACTORY TO THE CITY COMMISSION. City ofMiami Page 44 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 RE.4 06-01891 Department of Fire -Rescue 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 06-01717 Legislation.pdf Exh ibit. pdf Exhibit 2 .pdf Exhibit 3 .pdf Exhibit 4 .pdf Exhibit 5 .pdf Exhibit 6 .pdf Exhibit 7 .pdf Exhibit 8 .pdf Exhibit 9 .pdf Exhibit 10 .pdf Exhibit 11 .pdf Exhibit 12 .pdf Exhibit 13 .pdf Exhibit 14 .pdf Exhibit 15 .pdf Exhibit 16 .pdf Exhibit 17 .pdf Exhibit 18 .pdf Exhibit 19 .pdf Exhibit 20 .pdf Exhibit 21 .pdf Exhibit 22 .pdf Exhibit 23 .pdf Exhibit 24 .pdf Exhibit 25 .pdf Exhibit 26 .pdf Exhibit 27 .pdf Exhibit 28 .pdf Exhibit 29 .pdf Exhibit 30 .pdf Exhibit 31 .pdf Exhibit 32 .pdf Summary Form.pdf R-06-0665 MOVED: Michelle Spence -Jones SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FY 2006," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $15,980,000, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, PASSED THROUGH THE City ofMiami Page 45 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 RE.5 06-01892 Department of Capital Improvement Programs/Transpor tation OFFICE OF GRANTS AND TRAINING ("OG&T"), DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("DEM"); 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, WITH CONTIGUOUS COUNTIES, MIAMI-DADE AND MONROE, THE CITY OF HIALEAH, AND THE FLORIDA DEPARTMENT OF HEALTH (AKA MIAMI-DADE COUNTY HEALTH DEPARTMENT), 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, AS AN UASI SPONSORING AGENCY; CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED IN THE FORM OF GRANTS FROM THE OG&T THROUGH THE DEM. 06-01891 06-01891 06-01891 06-01891 06-01891 06-01891 06-01891 06-01891 06-01891 06-01891 06-01891 06-01891 06-01891 06-01891 06-01891 06-01891 Legislation.pdf Exhibit .pdf Exhibit 2 .pdf Exhibit 3 .pdf Exhibit 4 .pdf Exhibit 5 .pdf Exhibit 6 .pdf Exhibit 7 .pdf Exhibit 8 .pdf Exhibit 9 .pdf Exhibit 10 .pdf Exhibit 11 .pdf Exhibit 12 .pdf Exhibit 13 .pdf Summary Form.pdf FY 2006 UASI By Area.pdf R-06-0668 MOVED: Tomas Regalado SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FUNDS RECEIVED FROM THE MIAMI-DADE COUNTY BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $2,023,000 FOR THE NORTHWEST STORM SEWER, ENGLEWOOD STORM SEWER, AND GLENROYAL STORM SEWER CAPITAL PROJECTS; AUTHORIZING City ofMiami Page 46 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 RE.6 06-01893 Department of Capital Improvement Programs/Transpor tation THE CITY MANAGER TO EXECUTE THE RESPECTIVE PROJECT AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS FOR SAID PURPOSES. 06-01892 Legislation.pdf 06-01892 Exhibit .pdf 06-01892 Exhibit 2 .pdf 06-01892 Exhibit 3 .pdf 06-01892 Exhibit 4 .pdf 06-01892 Exhibit 5 .pdf 06-01892 Exhibit 6 .pdf 06-01892 Summary Form .pdf R-06-0669 MOVED: Tomas Regalado SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT AND RELEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ACKNOWLEDGING THE MERGER OF PARSONS BRINCKERHOFF CONSTRUCTION SERVICES, INC., INTO ITS AFFILIATE COMPANY, PARSONS, BRINCKERHOFF, QUADE & DOUGLAS, INC., ALLOWING FOR THE TRANSFER OF THE CONTRACT TO PARSONS, BRINCKERHOFF, QUADE & DOUGLAS, FOR THE PROVISION OF MISCELLANEOUS CONSTRUCTION ENGINEERING AND OBSERVATION SERVICES FOR THE CITY OF MIAMI, PURSUANT TO RESOLUTION NO. 04-0792, ADOPTED DECEMBER 9, 2004. 06-01893 Legislation.pdf 06-01893 Exhibit.pdf 06-01893 Summary Form.pdf 06-01893 Text File Report.pdf 06-01893 Professional Services Agreement.pdf 06-01893 Assistant Secretary's Certificate.pdf 06-01893 Certificate of Authority. pdf 06-01893 Pre-Attachment.pdf 06-01893 Work Order.pdf 06-01893 Consultant Work Order.pdf 06-01893 Estimate of Work & Cost.pdf 06-01893 Pre -Attachment 2 .pdf R-06-0670 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones City ofMiami Page 47 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones NOES: Commissioner Haskins RE.7 06-01895 RESOLUTION Department of A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, PROVIDING FOR Finance THE ISSUANCE OF NOT TO EXCEED $35,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI, FLORIDA NON -AD VALOREM VARIABLE RATE REFUNDING REVENUE BONDS, TAXABLE PENSION SERIES 2006, TO REFUND A PORTION OF THE CITY'S OUTSTANDING NON -AD VALOREM REVENUE BONDS, TAXABLE PENSION SERIES 1995; MAKING CERTAIN FINDINGS AND DETERMINATIONS; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE BONDS; SELECTING THE BONDS TO BE REDEEMED; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A SERIES 2006 INDENTURE PURSUANT TO WHICH THE BONDS WILL BE ISSUED; RATIFYING THE SELECTION OF THE UNDERWRITER AND REMARKETING AGENT; AUTHORIZING A NEGOTIATED SALE OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A REMARKETING AGREEMENT; APPROVING WACHOVIA BANK, NATIONAL ASSOCIATION TO PROVIDE A LIQUIDITY FACILITY FOR THE BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CREDIT AGREEMENT IN CONNECTION THEREWITH; DELEGATING TO THE CITY MANAGER AUTHORITY TO NEGOTIATE AND OBTAIN A MUNICIPAL BOND INSURANCE POLICY TO INSURE SAID BONDS AND TO EXECUTE AND DELIVER ANY RELATED AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT AND THE SELECTION OF A FINANCIAL PRINTER THEREFOR; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15C2-12 AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT THERETO; AUTHORIZING ALL REQUIRED ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 48 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 RE.8 06-01896 Department of Fire -Rescue 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 06-01895 Legislation .pdf Exhibit .pdf Exhibit 2 .pdf Exhibit 3 .pdf Exhibit 4 .pdf Exhibit 5 .pdf Exhibit 6 .pdf Exhibit 7 .pdf Exhibit 8 .pdf Exhibit 9 .pdf Exhibit 10 .pdf Exhibit 11 .pdf Exhibit 12 .pdf Exhibit 13 .pdf Exhibit 14 .pdf Exhibit 15 .pdf Exhibit 16 .pdf Exhibit 17 .pdf Exhibit 18 .pdf Exhibit 19 .pdf Exhibit 20 .pdf Exhibit 21 .pdf Exhibit 22 .pdf Exhibit 23 .pdf Exhibit 24 .pdf Exhibit 25 .pdf Exhibit 26 .pdf Exhibit 27 .pdf Exhibit 28 .pdf Exhibit 29 .pdf Exhibit 30 .pdf Exhibit 31 .pdf Exhibit 32 .pdf Summary Form.pdf R-06-0671 MOVED: Linda Haskins SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL NO. 05-06-020, THAT THE FIRM MOST QUALIFIED TO PROVIDE A RAPID RESPONSE WATERCRAFT, FOR THE DEPARTMENT OF FIRE -RESCUE, IS METALCRAFT MARINE, INC.; AUTHORIZING THE City ofMiami Page 49 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METALCRAFT MARINE, INC., IN A TOTAL CONTRACT AMOUNT NOT TO EXCEED $908,194.14, WITH A NOT TO EXCEED 10% CONTINGENCY ALLOWANCE BASED ON THE TOTAL CONTRACT AMOUNT, TO PURCHASE ADDITIONAL EQUIPMENT TO IMPROVE THE OPERATION OF SAID VESSEL FOR EMERGENCY RESPONSE PURPOSES TO BE DETERMINED SOLELY BY THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS FROM THE URBAN AREA SECURITY INITIATIVE GRANT PROGRAM, SUBJECT TO APPROPRIATION. 06-01896 Legislation.pdf 06-01896 Exhibit .pdf 06-01896 Exhibit 2 .pdf 06-01896 Exhibit 3 .pdf 06-01896 Exhibit 4 .pdf 06-01896 Exhibit 5 .pdf 06-01896 Exhibit 6 .pdf 06-01896 Exhibit 7 .pdf 06-01896 Exhibit 8 .pdf 06-01896 Exhibit 9 .pdf 06-01896 Exhibit 10 .pdf 06-01896 Exhibit 11 .pdf 06-01896 Exhibit 12 .pdf 06-01896 Exhibit 13 .pdf 06-01896 Exhibit 14 .pdf 06-01896 Exhibit 15 .pdf 06-01896 Exhibit 16 .pdf 06-01896 Exhibit 17 .pdf 06-01896 Exhibit 18 .pdf 06-01896 Exhibit 19 .pdf 06-01896 Exhibit 20 .pdf 06-01896 Exhibit 21 .pdf 06-01896 Exhibit 22 .pdf 06-01896 Exhibit 23 .pdf 06-01896 Exhibit 24 .pdf 06-01896 Exhibit 25 .pdf 06-01896 Exhibit 26 .pdf 06-01896 Summary Form.pdf 06-01896 Memo.pdf 06-01896 Summary Sheet.pdf R-06-0672 MOVED: Linda Haskins SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones RE.9 06-01897 RESOLUTION City ofMiami Page 50 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Department of Parks and Recreation RE.10 06-01898 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A TOTAL OF $761,225 IN GRANTS FROM THE CHILDREN'S TRUST TO THE CITY'S DEPARTMENT OF PARKS AND RECREATION; ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "THE CHILDREN'S TRUST GRANTS FOR PARKS," TO FUND THE DEPARTMENT OF PARKS AND RECREATION'S HEART OF OUR PARKS SCHOOL YEAR RECREATION, CULTURAL AND CORE EDUCATIONAL OUT -OF -SCHOOL TIME PROGRAMS AT AFRICAN SQUARE PARK, CURTIS PARK, JUAN PABLO DUARTE PARK, SHENANDOAH PARK AND WILLIAMS PARK, WITH EXPANSION PROGRAMS AT ROBERT KING HIGH PARK AND THE SANDRA DELUCCA DEVELOPMENTAL CENTER BY APPROPRIATING FUNDS, IN THE AMOUNT OF $761,225 IN THE FORM OF TWO GRANTS FROM THE CHILDREN'S TRUST, WITH IN KIND SERVICES FROM THE CITY OF MIAMI VALUED AT $1,004,271.20, AND IN KIND SERVICES FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH VALUED AT $33,803.25; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CHILDREN'S TRUST, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 06-01897 Legislation.pdf 06-01897 Exhibit .pdf 06-01897 Exhibit 2 .pdf 06-01897 Exhibit 3 .pdf 06-01897 Exhibit 4 .pdf 06-01897 Exhibit 5 .pdf 06-01897 Exhibit 6 .pdf 06-01897 Exhibit 7 .pdf 06-01897 Exhibit 8 .pdf 06-01897 Exhibit 9 .pdf 06-01897 Exhibit 10 .pdf 06-01897 Exhibit 11 .pdf 06-01897 Summary Form.pdf 06-01897 Child Care Food Program Memo.pdf 06-01897 Pre-Legislation.pdf R-06-0673 MOVED: Tomas Regalado SECONDED: Joe Sanchez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez and Regalado ABSENT: Commissioner Spence -Jones Direction by Commissioner Regalado to the Administration to request of the Children's Trust Board that one park from Districts 1 and 3 be included in its grants donation to the City's Parks Department. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE City ofMiami Page 51 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 A SECOND AMENDMENT, TO THE AGREEMENT TO ENTER INTO GROUND LEASE ("SECOND AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND FLAGSTONE ISLAND GARDENS, LLC, TO PROVIDE FOR: (1) AN EXTENSION TO THE LEASE DEADLINE REFERRED TO IN SECTION 6.2.1 OF THE AGREEMENT TO ENTER INTO GROUND LEASE ("AGREEMENT TO ENTER") TO AUGUST 1, 2008; (2) AN EXTENSION TO THE OUTSIDE DATE REFERRED TO IN SECTION 6.2.3 OF THE AGREEMENT TO ENTER TO AUGUST 1, 2008; AND (3) CLARIFICATION OF CERTAIN RESPONSIBILITIES RELATED TO THE PLATTING AND DEVELOPMENT MATTERS; WITH THE TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID SECOND AMENDMENT. 06-01898 Legislation.pdf 06-01898 Exhibit.pdf 06-01898 Summary Form.pdf R-06-0674 MOVED: Joe Sanchez SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez and Regalado ABSENT: Commissioner Spence -Jones RE.11 06-01910 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FERN ISLE PARK EXPANSION PROGRAM" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $6,600,000, CONSISTING OF A GRANT FROM THE FLORIDA COMMUNITIES TRUST, FOR THE DEPARTMENT OF PARKS AND RECREATION; AUTHORIZING CITY OF MIAMI REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $2,602,000, FROM VARIOUS FUNDING SOURCES DETERMINED AT THE CITY MANAGER'S DISCRETION THAT MAY INCLUDE FUNDS FROM THE CAPITAL FUND OR GENERAL FUND OR A COMBINATION OF BOTH; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE GRANT DOCUMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 06-01910 Legislation.pdf 06-01910 Exhibit .pdf 06-01910 Exhibit 2 .pdf 06-01910 Summary Form.pdf R-06-0675 MOVED: Linda Haskins SECONDED: Tomas Regalado City ofMiami Page 52 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins and Regalado NOES: Commissioner Sanchez and Spence -Jones RE.12 06-01877 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Attorney THE DIRECTOR OF FINANCE TO PAY HAMMES COMPANY SPORTS DEVELOPMENT, INC., A WISCONSIN CORPORATION, AND HAMMES SPORTS DEVELOPMENT OF FLORIDA, LLC, A FLORIDA LIMITED LIABILITY COMPANY, THE SUM OF $750,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, AND JOE ARRIOLA IN THE CASE OF HAMMES COMPANY SPORTS DEVELOPMENT, INC., ET AL. V. CITY OF MIAMI, IN THE FEDERAL COURT CASE NO.: 06-20363 CIV-COOKE, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES AND JOE ARRIOLA FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE ORANGE BOWL STADIUM REDEVELOPMENT PROJECT, B-30153C. 06-01877 Legislation.pdf 06-01877 Cover Memo.pdf 06-01877 Memo.pdf R-06-0679 NO ACTION TAKEN MOVED: Linda Haskins SECONDED: Joe Sanchez Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones NOES: Commissioner Regalado DISCUSSED A motion was made by Commissioner Haskins, but dies for lack of a second. MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, instructing the City Attorney to use whatever resources necessary in defending the City in its litigation against Hammes Company Sports Development, Inc. MOVED: Michelle Spence -Jones SECONDED: Linda Haskins City ofMiami Page 53 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones NOES: Commissioner Regalado MOVED: Michelle Spence -Jones SECONDED: Linda Haskins Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins and Spence -Jones NOES: Commissioner Sanchez and Regalado Direction made by Commissioner Haskins to the City Attorney that at the City Commission meeting immediately following the execution of the settlement agreement there be a public airing of the issues related to this case. RE.13 06-02035 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CAMILLUS HOUSE, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("CAMILLUS HOUSE"), REQUIRING THE CITY OF MIAMI TO PAY FOR THE DEMOLITION AND CLEARANCE OF THE BUILDINGS LOCATED AT 1601 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, INCLUDING THE COST OF PERFORMING AN ASBESTOS SURVEY, ASBESTOS TESTING AND REMOVAL, AS REQUIRED, IN CONNECTION WITH SAID DEMOLITION. 06-02035 Legislation .pdf 06-02035 Exhibit .pdf 06-02035 Exhibit 2 .pdf 06-02035 Exhibit 3 .pdf 06-02035 Summary Form .pdf R-06-0676 MOVED: Joe Sanchez SECONDED: Linda Haskins UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones City ofMiami Page 54 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 BC.1 06-01646 Office of the City Clerk BC.2 06-01836 BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Timothy A. Barber Chairman Angel Gonzalez (Architectural Historian) Miguel A. Seco (Alternate seat) Chairman Angel Gonzalez James Broton, Ph.D. Vice Chairman Joe Sanchez (Citizen) Thorn Grafton Commissioner Tomas Regalado (Architect) Gerald C. Marston (Landscape Architect) Gary A. Appel (Real Estate Broker) 06-01646 memo.pdf 06-01646 members.pdf 06-01646 applications.pdf Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones R-06-0682 MOVED: Linda Haskins SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Haskins, seconded by Commissioner Regalado, and was passed unanimously, to appoint Timothy A. Barber, Miguel A. Seco, James Broton, Ph.D., Thorn Grafton, Gerald C. Marston, and Gary A. Appel as members of the Historic and Environmental Preservation Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Miguel A. Seco as a member of the Historic and Environmental Preservation Board; and further waiving the term limits of Section 2-885(b) by a unanimous (5/5ths) vote of the members of the City Commission, as it relates to Miguel A. Seco as a member of the Historic and Environmental Preservation Board. RESOLUTION City ofMiami Page 55 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 06-01836 memo.pdf 06-01836 members.pdf 06-01836 Memo.pdf DEFERRED NOMINATED BY: Commissioner Tomas Regalado Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones BC.3 06-01837 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: 06-01837 memo.pdf 06-01837 members.pdf DEFERRED NOMINATED BY: Commissioner Linda Haskins Commissioner Michelle Spence -Jones BC.4 06-01838 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Spence -Jones 06-01838 memo.pdf 06-01838 members.pdf DEFERRED BC.5 06-01839 RESOLUTION City ofMiami Page 56 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Juana Amada Vargas Chairman Angel Gonzalez 06-01839 memo.pdf 06-01839 members.pdf R-06-0677 MOVED: Joe Sanchez SECONDED: Linda Haskins UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones A motion was made by Vice Chairman Sanchez, seconded by Commissioner Haskins, and was passed unanimously, to appoint Juana Amada Vargas as a member of the Arts and Entertainment Council. BC.6 06-01840 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Manuel J. Prieguez Chairman Angel Gonzalez M. Lee Smith Vice Chairman Joe Sanchez 06-01840 memo.pdf 06-01840 members.pdf R-06-0678 MOVED: Joe Sanchez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint M. Lee Smith and Manuel J. Prieguez as members of City ofMiami Page 57 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 BC.7 06-01841 Office of the City Clerk BC.8 06-01842 Office of the City Clerk BC.9 06-01843 Office of the City Clerk the Waterfront Advisory Board. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ralph Duharte Chairman Angel Gonzalez 06-01841 memo.pdf 06-01841 members.pdf R-06-0680 MOVED: Joe Sanchez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Ralph Duharte as a member of the Bayfront Park Management Trust; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Ralph Duharte as a member of the Bayfront Park Management Trust. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE RESIDENCY REQUIREMENT OF CERTAIN INDIVIDUALS APPOINTED TO THE MAYOR'S INTERNATIONAL COUNCIL. 06-01842 memo.pdf 06-01842 members.pdf 06-01842 Residency.pdf CONTINUED Item BC.8 was continued to the Commission meeting currently scheduled for January 11, 2007. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City ofMiami Page 58 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 Anna Zambrana Allyson Warren Josefina Sanchez-Pando Thema Campbell Corky Dozier 06-01843 memo.pdf 06-01843 members.pdf R-06-0681 Vice Chairman Joe Sanchez Commissioner Tomas Regalado Commissioner Tomas Regalado Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones MOVED: Joe Sanchez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Anna Zambrana, Allyson Warren, Josefina Sanchez-Pando, Thema Campbell, and Corky Dozier as members of the Commission on the Status of Women; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Corky Dozier as a member of the Commission on the Status of Women; further waiving the term limits of Section 2-885(b) by a unanimous (5/5ths) vote of the members of the City Commission, as it relates to Allyson Warren and Josefina Sanchez-Pando as members of the Commission on the Status of Women; and further waiving the residency requirements in Section 2-884(a) by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to Anna Zambrana as a member of the Commission on the Status of Women. City ofMiami Page 59 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 DISCUSSION ITEMS DI.1 06-01558 DISCUSSION ITEM Department of DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET Finance OUTLOOK. 06-01558 Summary Form.pdf DEFERRED DI.2 06-01658 DISCUSSION ITEM Civilian Investigative Panel DISCUSSION CONCERNING A PRESENTATION BY THE CIVILIAN INVESTIGATIVE PANEL REGARDING ITS FINDINGS AND RECOMMENDATIONS ARISING FROM AN INVESTIGATION INTO THE MIAMI POLICE DEPARTMENT'S PREPARATION FOR AND RESPONSE TO DEMONSTRATIONS DURING THE FREE TRADE AREA OF THE AMERICAS (FTAA) SUMMIT HELD IN MIAMI IN NOVEMBER 2003. 06-01658 Cover Memo.pdf 06-01658 Memo.pdf CONTINUED Item DI.2 was continued to the Commission meeting currently scheduled for January 11, 2007. NON AGENDA ITEMS NA.1 06-02088 DISCUSSION ITEM Discussion regarding approval of Amendment 6. MOTION A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, instructing the City Clerk to send to Miami -Dade County the City Commission's action supporting Amendment 6 to the State Constitution, which provides an additional $25,000 homestead exemption for low-income seniors in the City of Miami, with the County's approval. NA.2 06-02089 DISCUSSION ITEM Discussion regarding lack of parking and handicapped accessibility at election precinct sites in Districts 4 and 2 on November 7, 2006. DISCUSSED Note for the Record: The City Clerk notified the Miami -Dade County Supervisor of Elections on November 9, 2006 of the concerns raised by the City Commission regarding the lack of parking and handicapped accessibility at various election precincts in City Districts 2 and 4. NA.3 06-02079 DISCUSSION ITEM Discussion concerning unfulfilled Commission directives. City ofMiami Page 60 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 NA.4 06-02080 NA.5 06-02081 NA.6 06-02082 NA.7 06-02083 NA.8 06-02084 DISCUSSED DISCUSSION ITEM Discussion regarding bi-monthly progress reports relating to Commission directives. DISCUSSED Direction by Commissioner Spence -Jones to the City Manager to provide the Commission with bi-monthly progress reports relating to Commission directives. DISCUSSION ITEM Discussion concerning the creation of a City of Miami swim team and the increase of $15.3 million in no -bid park contracts. DISCUSSED DISCUSSION ITEM Discussion concerning $100,000 grant donation from Bayfront Park Trust to each Commission district for the sole purpose of providing park programs for the youth and/or elderly. DISCUSSED DISCUSSION ITEM Discussion concerning legislation regarding the review of boards and their residency requirements. DISCUSSED DISCUSSION ITEM Discussion concerning creation of ordinance allowing dogs in food service establishments. A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, directing the City Attorney and City Manager to create an ordinance, pursuant to Florida Statute Section 509.233, providing for a three-year program to allow dogs in approved outdoor seating areas of food service establishments NA.9 06-02085 DISCUSSION ITEM Discussion concerning update on list of all City of Miami subcontractors and payments made by the City. DISCUSSED NA.10 06-02090 RESOLUTION District 3 A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT, IN AN AMOUNT NOT TO EXCEED $1,000, FOR THE IRANIAN FESTIVAL, TO BE HELD ON NOVEMBER 11, 2006, AT BAYFRONT PARK, TO HELP WITH THE POLICE AND FIRE FEES ASSOCIATED WITH SAID EVENT; ALLOCATING SAID FUNDS, FROM THE DISTRICT 3 ACCOUNT NO. 00001.111000.882000. City ofMiami Page 61 Printed on 11/15/2006 City Commission Marked Agenda November 9, 2006 NA.11 06-02086 R-06-0684 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones DISCUSSION ITEM Discussion concerning settlement of fire fee litigation. DISCUSSED A motion was made by Commissioner Regalado instructing the City Attorney to pursue an immediate settlement in the fire fee litigation, but said motion died for lack of a second. MOTION TO ADJOURN MOTION A motion was made by Commissioner Haskins, seconded by Commissioner Sanchez, and was passed unanimously, to adjourn today's meeting. City ofMiami Page 62 Printed on 11/15/2006