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HomeMy WebLinkAboutCC 2020-12-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com �YOp r 1 ' 'Parr +� v * INCORP ORATEO * 1896 Meeting Minutes Thursday, December 10, 2020 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Jeffrey Watson, Commissioner, District Five Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes December 10, 2020 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo, Commissioner Reyes and Commissioner Watson. On the I0th day of December 2020, 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 Commission Meeting was called to order by Vice Chair Russell at 9:46 a.m., recessed at 12: 05 p.m., reconvened at 2: 58 p.m., and adjourned at 6:01 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9:42 a.m. ALSO PRESENT: Fernando Casamayor, Chief Financial Officer/Assistant City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk ORDER OF THE DAY Vice Chair Russell: All right. Good morning, everybody. Welcome to the December 10, 2020, meeting of the City of Miami Commission in these historic chambers. Procedures for the public comment will be explained by the City Attorney shortly. In the meantime, I'd like to let anyone know who's watching, if they would like to comment publicly, today, you can call in on the following number: (305) 250-5454. I'm going to repeat that a few times this morning so that anyone who does want to comment, probably we will have a single comment period where they can call in, and we can transmit live to everybody. So, procedures for the swearing in of parties for the Planning and Zoning and quasi-judicial items will also be explained by the City Clerk. The members of the City Commission are Alex Dias de la Portilla, Joe Carollo, Manolo Reyes, Jeffrey Watson, and me, Ken Russell, Vice Chair. Also in attendance are City Manager Art Noriega, City Attorney Victoria Mendez, and City Clerk Todd Hannon. The meeting will be opened with a prayer by Commissioner Watson, followed by the pledge of allegiance led by Commissioner Dias de la Portilla. Everyone please stand. Invocation and pledge of allegiance delivered. Vice Chair Russell: Thank you. You may be seated. PART A - NON -PLANNING AND ZONING ITEM(S) Vice Chair Russell: Madam City Attorney, please state the procedures -- Barnaby Min (Deputy City Attorney): Thank you, Mr. Chair -- Vice Chair Russell: -- to be followed during this meeting. Mr. Min: Thank you, Mr. Chairman. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member City of Miami Page 1 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office, or online at municode.com. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the Code in writing. A copy of the Code section is available at the Office of the City Clerk, or online at municode.com. Pursuant to Section 2- 33(f) and (g) of the City Code, the agenda -- the material for each item on the agenda for this meeting was published and made available to the Mayor, the members of the City Commission, and to the public at least five full business days in advance of the meeting. The material for each item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at miamigov.com. Any person niay be heard by the City Commission through the Chair and upon registering pursuant to the published notice for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. Members of the public wishing to address the body may do so by visiting miamigov.com/meetinginstructions to submit their written comments via the online comment form. The comments submitted through the comment form have been distributed to the elected official and City Administration throughout the day so that the elected officials can consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and be distributed to the elected officials up until the time the chairperson closes the public comment period. Members of the public may also call (305) 250-5353 to provide comments via the dedicated City of Miami public comment voicemail where individuals will be able to leave a two -minute message. Members of the public may also pre -register to provide live public comment by phone during the meeting. You may pre -register by phone by calling (305) 250-5350 or online at miamigov.com/government/live-public-comment. All comments submitted will be included as part of the public record for this meeting and will be considered by the City Commission prior to taking any action. Public comment may also be provided live at City Hall subject to any and all COVID-19 regulations and procedures. Speakers who appear in person will be subject to screening for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall. All interested parties are required by -- to abide by all State, County, and local emergency orders and are urged to remain at home and practice social distancing. If the proposition is being continued or rescheduled, the opportunity to be heard niay be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must_ first state his or her name, his or her address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notify the City Clerk. Section 286.0114(4)(c) of Florida Statutes specifically authorises the City to prescribe procedures or forms for individuals to use in order to inform the Board of Commission of a desire to be heard, to indicate his or her support, opposition, or neutrality on a proposition. The City through its multiple comment options has provided several different methods to indicate, among other things, the public support, opposition, or neutrality on the items and topics to be discussed at today's Commission meeting. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. The City has also created a simple set of instructions explaining how the public may submit their comments with either option. Those instructions are provided in the notice to the public via the City's social media channels and published online at miamigov.com/meetinginstructions. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Anyone wishing to appeal any decision maybe -- made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at miamigov. com. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. It's temporarily modified pursuant to emergency ordinance numbers 13902, 13903, and 13914. Pursuant to Emergency City of Miami Page 2 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Ordinance numbers 13903 and 13914, parties for any planning and zoning items, including any applicants, appellants, appellee, City staff, and any person recognized by the decision -making body as a qualified intervenor, as well as the applicant's representatives and any experts testifying on behalf of the applicants, appellant, or appellee, may either be physically present in City Hall to be sworn in by oath or affirmation by the City Clerk, or may appear virtually and make arrangements to be sworn in by oath or affirmation in person at the location by an individual qualified to perform such duty. Pursuant to Emergency Ordinance number 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statutes Section 286.0115, and Section 7.1.4.5 of the Miami 21 Code. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will present its application or request to the City Commission. If the applicant agrees with staffs recommendation, the City Commission may proceed to its deliberation or decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in the Miami 21 Code and in the City Code providing that the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. City of Miami requires that anyone requesting an action by the City Commission must disclose before the hearing, anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to Section 2-8 of the City Code. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record by the City -- at the City Commission's discretion. Any Commissioner who thinks that documents supplied to the Commission less than seven days merit a continuance, item may be continued by the City Commission. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at miamigov.com. Please silence all cell phones and other noise - making devices. The meeting can be viewed live on Miami TV and miamigov.com/TV, through the City's Facebook page, on the City's Periscope channel, on the City's YouTube channel, and on Comcast Channel 77. The broadcast will also have closed captioning. Commissioners, please confirm you're comfortable with all the notice provisions as set forth in these uniform rules and procedures we have established for this meeting. Vice Chair Russell: Yes. Thank you very much. Commissioner Watson: Yes. Mr. Min: Thank you. Vice Chair Russell: Mr. City Clerk, if you can state the swearing in procedures to be followed during this meeting. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony will be sworn in for planning and zoning items and quasi- judicial items on today's City Commission agenda will be as follows: The members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately, after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for planning and zoning items and/or quasi-judicial items pursuant to Emergency Ordinance number 13903. Those individuals appearing remotely may be sworn in at their City of Miami Page 3 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 location by an individual qualified to administer the oath. After you 're sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please e-mail a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com. Prior to providing testimony on the planning and zoning item and/or quasi-judicial item, the affiant shall be included in the record for the relevant item for which you will be providing testimony. Chair, is there anyone in the chambers that will be speaking on any of today's planning and zoning items? I'm going to have you raise your right hand. The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony, on zoning items. Mr. Hannon: Thank you, Chair. Vice Chair Russell: All set? Thank you very much. And again, for the public comment portion today, we have a telephone number that you can call, and if you're watching from home and would like to comment on any of today's agenda items, because we'll be opening public comment relatively soon, that number is (305) 250- 5454. The reason we're doing that is that we will not be watching pre-recorded video public comments. You can submit e-mail comments; you can call us live; you can come here, and we do social distancing as carefully as possible. While we are forced to meet in person, we will make things as safe and accessible for everyone as we possibly can. So, you have multiple ways to be with us live this morning and calling in is definitely the most accessible one. So, I'm going to move on at this point to the order of the day. From the Administration, please, are there any items to be continued, withdrawn, or deferred? Fernando Casamayor (Chief Financial Officer/Assistant City Manager): Good morning, Mr. Vice Chair Commissioners, Madam City Attorney, Mr. Clerk. At this time, the Administration would like to defer and/or withdraw the following items. To be deferred to January 14, CA.8. Commissioner Reyes: CA (Consent Agenda) what? Mr. Casamayor: CA.8. Commissioner Diaz de la Portilla: Okay. Mr. Casamayor: To be deferred to January 14, CA.12. To be deferred to January 28, FR.1. Commissioner Carollo: FR.1? Mr. Casamayor: Yes, sir. FR.1. Commissioner Watson: Until when? Commissioner Carollo: That's in addition to what we have here now? Mr. Casamayor: I'm sorry, sir. Commissioner Carollo: That's in addition to the different -- the items that we have here? Victoria Mendez: T don't believe FR.1 is being -- City of Miami Page 4 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: I'm sorry. I'm saying this in addition to some additional items we -- no, no. These are not part of it. That's fine. Go ahead. Vice Chair Russell: Okay, sir. If you could -- Mr. Casamayor; if you could read the item number first -- Commissioner Carollo: Yeah. Mr. Casamayor: Absolutely. Vice Chair Russell: I know that's different than we've done it in the past, but it helps me -- Mr. Casamayor: Yes, sir. Vice Chair Russell: -- the way our plasma is. So, read the item number, the action, and then the date. Mr. Casamayor: Let me start over, then. Vice Chair Russell: Thank you. Mr. Casamayor.• All right. CA.8 to be deferred to January 14, CA.12 to be deferred to January 14, FR.1 to be deferred to January 28, DI.1 to be deferred to January 14. Then there's a few planning and zoning items that we're also requesting to be deferred. PZ.1 to be deferred to May 29. Mr. Clerk. Mr. Hannon: I see May 27, 2021 is the second meeting in 2021. Mr. Casamayor: Okay. May 27, then. Mr. Hannon: Okay. Mr. Casamayor: PZ.11 to be deferred to April 22, PZ.12 to be deferred to April 22, and PZ.15 to be deferred to January 28. Vice Chair Russell: 28th. All right. You've slimmed our agenda a little. We may be able to get out. Commissioner Carollo: And I'm going to ask through the Chair. I don't know if we might need some discussions, but I would like to ask that the item that has to do with the different boards that we all serve as chair would be deferred to January. This way, everyone is there. I guess they're a full year since we did not vote upon this the last time until January. So, if we could defer that item -- I'm not sure what the number is. Vice Chair Russell.• BC.1. Commissioner Carollo: PC.1 [sic]. If we could -- Vice Chair Russell: BC (Boards and Committees). Commissioner Carollo: PC.1 -- Vice Chair Russell: BC. Commissioner Carollo: BC, okay. City of Miami Page 5 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Vice Chair Russell: Boards and Committees. Commissioner Carollo: Yeah. If we could defer that also until the January meeting. 14th is fine. Commissioner Reyes: Okay. That's fine with me. Vice Chair Russell: Are there any other items to be deferred, withdrawn, or continued? Commissioner Watson: Mr. Clerk? Through the Chair -- Vice Chair Russell: Yes. Commissioner Watson: -- I will have an emergency ordinance I'd like to bring up as a pocket item. Vice Chair Russell: So, let's vote on the order of the day, and then we will introduce all the pocket items. Would you rather I introduce the pocket items in the order of the day, Madam City Attorney? Ms. Mendez: That's fine, Chairman. 1 just wanted to make sure that PZ.11 and 12 -- they're companion items, 1 believe. Vice Chair Russell: Yeah. I believe they were both mentioned, April 22. Why don't we go ahead and enter the pocket items. If anyone has a pocket item they'd like to introduce, we'll name those now and make that those part of the order of the day. Commissioner Carollo: Yes. Vice Chair Russell: Commissioner Carollo, you're -- Commissioner Carollo: I have a pocket item declaring today "We are all San Isidro" in Miami. Today is the -- declared by Ms. Roosevelt many years ago, the International Human Rights Day, and we all know what has recently happened in Cuba with the San Isidro Movement. I will be passing that resolution momentarily. Secondary, I'd like a pocket item. Commissioner Reyes: First, Mr. Carollo, I just want to co-sponsor -- Commissioner Carollo: Thank you. Commissioner Reyes: -- you San Isidro. Commissioner Diaz de la Portilla: I also would like to co-sponsor that. Commissioner Carollo: Thank you, Commissioner. Lastly, through the City Attorney, is there anything that prevents us from instructing the Manager that this Commission through a resolution wants the enforcement of face masks, social distancing in night establishments? We've had television reports recently that in different parts of this City, night establishments are in a free-for-all, hundreds of people in clubs at 1, 2 in the morning, no face masks, on top of each other. Univision had a big report on that. I recently had two calls from the director of Jackson Memorial, Mr. Migoya, where he's asked to try to prevent our hospitals from getting overwhelmed in the near future if we could enforce the midnight curfew that the County has, and I would like that to also be part of the resolution that we instruct the Manager to enforce the midnight City of Miami Page 6 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 curfew. Look, none of us want to see us going hack to mid -March where everything was closed down because if the virus won't kill us, the economy will. But at the same time when more than 99 percent of our businesses are complying and doing their best to keep us safe and their customers, we cannot have a few ruin it for everybody. This is about the health and safety of everyone. And I'm afraid that those establishments that make their money packing people in, this can't go on until we have the Pfizer or whatever other kind of vaccine that hopefully will be out soon. You know, they're going to have to work it out somehow until then. But I was going to show the video that 23 had out, but I don't think it's needed. I think we all understand what we're facing. And look, I want to keep everybody open. I want to keep the bars, the taverns, the nightclubs, everybody open, but in this war that we have with this virus, there are a few of our businesses that just don't work out with the virus. If you're out late at night and you're taking drinks in an establishment that is basically all alcohol, you don't have anything to eat or if you do it's very little, you know, people, they have more alcohol, they get louder; they don't have face masks like we've seen, and this virus gets spread. We're in a real dangerous area where we're getting approximately 2,000 a day. As we sit here today, Miami -Dade is going to go over 250,000 people that have been confirmed as having gotten the virus. There's probably at least another equal amount that got it and either never said anything or didn't know they got it. So, this is a very serious situation. I was speaking through text recently with Uncle Luke and he made it clear it wasn't fun. It's serious. You know, he went through a real bad time. Some of us, I thank God, have not gotten, but some of us who have gotten understand how serious this could be. And while, thank God the fatalities have gone down tremendously, that doesn't mean that we're not getting, you know, people dying on a daily basis. We're almost at 4,000 deaths in Miami -Dade. Now, if anybody thinks that's a small number, when you're talking from mid -March to now, 4,000 people that have died from this virus, it's a lot of people. It's a lot of lives and 250,000 confirmed. My God, I remember almost like it was the other day when the Mayor got it. He was number two in the County. He could have been number one, but maybe the other guy went and got it worse before he did. And he got it from people that had come here from Brazil. So, it seemed just the other day that, you know, we only have one, two, a handful of people, and look where we're at today. A quarter of a million of our people have gotten it. That's around eight percent of our population, and there's probably another eight percent or more maybe, like I said, that didn't know they got it or never reported because they figure, you know, why go and take a test if they know the symptoms, they have it, and you know, some might be individuals that are in a situation where they had to go work. Otherwise, they couldn't feed their families, and you know, it's a very hard situation to -- and decisions that are hard to make, but nevertheless, we're going to have to make those tough decisions to protect the vast majority. We're not talking here about going back and closing everything. We're talking about enforcing the laws that we have and making sure that those few that are not complying that could hurt all of us will comply. So, Madam City Attorney, is there -- Ms. Mendez: So -- Commissioner Carollo: -- any legal problems for this Commission to instruct the manager that this is what we want to be done? Ms. Mendez: There's -- Vice Chair Russell: Madam City Attorney, you're recognized. Ms. Mendez: There is no problem for you to enforce the midnight curfew. It has not been enforced based on the resolution of this Commission, so you would have to obviously instruct the Manager to do so to enforce. City of Miami Page 7 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: Well, that's -- Ms. Mendez: With regard -- Commissioner Carollo: -- what the resolution will he. Vice Chair Russell: So, I'll name that as PL2, and -- Commissioner Carollo: Yeah. Vice Chair Russell: -- I look forward to that discussion. I think we all have an opinion. Commissioner Carollo: And look, even among our own city, our own police department, fire department, our solid waste, and other front-line workers, we have had hundreds of our own employees with the virus. Right now, our own City Manager is not here because he got it, and we have to do the best that we can to try to control this. So -- yeah. Ms. Mendez: And then with regard to the face masks, we can enforce the face masks at the establishments. The only thing we can't do is give fines to individual people pursuant to the Governor's order, but there can be an enforcement procedure with regard to the businesses that have people, and those people should be wearing face masks. Commissioner Carollo: Look, I think most people if they're not wearing a mask out in the street or something, if the police or one of our employees gives them a mask, 99 percent are going to say thank you and put it on. So, I don't think we have to go there with the fines with people in the street. It's a difference now, as you said, inside establishments and -- Vice Chair Russell: So, if we could save the remainder of the discussion and take it up as an item and see if there's a motion and -- Commissioner Reyes: That's right. Vice Chair Russell: -- I'll look forward to that. Commissioner Carollo: Thank you. Vice Chair Russell: So, PI.I is the San Isidro. Are you declaring a day -- Commissioner Carollo: Yes. Vice Chair Russell: -- for the City of Miami? Commissioner Carollo: Well, what we're declaring today is that we're all San Isidro. Vice Chair Russell: Understood. Commissioner Watson: My -- Vice Chair Russell: That's PL I, P1.2. Commissioner Watson: Mr. Chair, my microphone was off: I wanted to make -- the Clerk to know that I wanted to be a co-sponsor on Commissioner Carollo's -- City of Miami Page 8 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Mr. Hannon: I'm sorry. I can't -- Vice Chair Russell: There will be unanimous co-sponsorship on P1.1. Mr. Hannon: PI], understood. Commissioner Reyes: Okay. Vice Chair Russell: So, that's PI.1 and 2. Commissioner Carollo, any other pockets? Commissioner Carollo: 1 don't believe so unless I've forgotten one, and you'll have to forgive me if 1 did, but 1 think I'm fine because the other one is an item that I have for discussion that has to do with a charter amendment. Vice Chair Russell: All right. Well, just a note on timing, Commissioner Reyes has a Christmas party for us at lunch -- Commissioner Reyes: That's right. Vice Chair Russell: -- and if this meeting is done by lunch, he will open up the eggnog. If we have to come back after lunch, no eggnog. Commissioner Diaz de la Portilla: Just eggnog? Vice Chair Russell: So, you have incentive. Commissioner Diaz de la Portilla: Just eggnog or --? Vice Chair Russell: I don't know what he's got, but we're going to find out. Commissioner Carollo: But let me make it clear. This will be non-alcoholic eggnog. So, I don't -- Commissioner Reyes: Absolutely, absolutely. Commissioner Carollo: -- want anybody then to -- Commissioner Reyes: Absolutely. Commissioner Carollo: -- be accusing us of anything that would not be so. Commissioner Reyes: It's not going to be a mojito. Commissioner Diaz de la Portilla: Will any curfew be enforced? Vice Chair Russell: For Reyes' party, on government property, who knows what amendments may come in this pocket item. Commissioner Watson: Mr. Chair? Vice Chair Russell: Yes, you're recognized. Commissioner Watson: You have my item, right? Commissioner Diaz de la Portilla: Put the microphone close. Commissioner Watson: You have my item. The pocket item I asked for. City of Miami Page 9 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Vice Chair Russell: Oh, so this is -- is that this one, right here? Commissioner Watson: Yes. Yes. Vice Chair Russell: Could you introduce it, please, so that we know what it is exactly. Commissioner Watson: It's, you know, an emergency ordinance regarding reducing fees to help small developers. Small developers is a misnomer. To help waive fees on projects less than a half a million square feet. This in effect will allow us to get 45 families into homes before Christmas on units that have been completed already. Vice Chair Russell: I'll name that as PI3. Commissioner Watson: Okay. Vice Chair Russell: And this is an ordinance, isn't it? Commissioner Watson: Yes, sir. Vice Chair Russell: So, this would need two readings? Commissioner Watson: Yes, sir. Vice Chair Russell: This is an emergency ordinance with two readings today -- Commissioner Watson: Yes, sir. Vice Chair Russell: -- or what is your plan? Commissioner Watson: Yes, sir. Ms. Mendez: Just to clam because Building hasn't done its fiscal impact, we're going to have first reading today, then well have second reading on January, 14. Commissioner Diaz de la Portilla: But he wants -- if I may, Mr. Chair. Vice Chair Russell: You're rec -- Commissioner Diaz de la Portilla: But he wants them in before Christmas. So, how does that work? Ms. Mendez,: Then it's up to you, but I just wanted to tell you the way we were proceeding, which was going to be first reading. But if you want it as an emergency today, I just want you to know that it's not fully drafted yet with -- and we want to make sure that this only affects -- if you're going to pass it today, it only affects the low-income units, not all TCOs (Temporary Certificates of Occupancy) because right now as it's drafted, it is drafted in the section for regular TCOs, all TCOs in the City. It's only supposed to be the low-income generating it. That has a huge -- Vice Chair Russell: So, in your opinion, the only thing missing for us to take -- because I believe the intention is to bring this as an emergency ordinance to bring relief quickly to those who need it. You're feeling that the financial assessment is missing for us to make a full decision on this based on how much it would cost the City in terms of losses? Ms. Mendez: That is what I have been told, but the Manager can advise if they want City of Miami Page 10 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 to proceed differently. Mr. Casamayor: Commissioner, so we haven't had an opportunity to do the fiscal impact yet, but if you deem to pass this, we can always come back if there is a fiscal impact and put before you whatever amendment to the budget we would need to do at a later date. Vice Chair Russell: Commissioner Watson, what would you like to do, two readings today? Commissioner Watson: Yes. The Building Department apparently helped draft this -- Vice Chair Russell: Yeah. Commissioner Watson: -- and so we'd like to help these folks. Vice Chair Russell: Right. Commissioner Watson: We'll do whatever we can in order to make sure it comes back and we can get it done today. Vice Chair Russell: So, that fiscal impact is a policy decision on our part? Commissioner Watson: Yes. Vice Chair Russell: And so, we would like to have as much information as possible, but I don't think we want to hold up the legislation -- Commissioner Watson: Exactly. Vice Chair Russell: -- for immediate relief. Commissioner Watson: Yeah. Vice Chair Russell: And so, I'll name that as PL 3. We'll bring it up as -- Commissioner Carollo: Through -- Vice Chair Russell: -- a discussion with the intention to have two readings today. Commissioner Watson: Thank you. Commissioner Carollo: Through the Chair. Vice Chair Russell: Yes. Commissioner Carollo: This -- Commissioner Watson, this will be an ordinance, correct? Commissioner Watson: Yeah. Commissioner Carollo: I have no problem in supporting you in first and second reading today. My only concern is -- let's get guidance from the City Attorney, so we don't get into a situation that we vote upon something, it's immediately challenged by, you know, any -- Commissioner Watson: Exactly -- City of Miami Page 11 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: -- (UNINTELLIGIBLE), and then we've got to come back. Can we vote upon any ordinance, Madam City Attorney, without advertising in the newspaper? Ms. Mendez: It would -- this Commission would have to determine that it is an emergency -- Commissioner Carollo: Okay. All right. All right -- Ms. Mendez: -- for it to be voted on and read today -- Commissioner Carollo: All right. Ms. Mendez: -- on two times. I would suggest then if Building is -- and Budget are still working on the fiscal impact that you don't vote upon it right now, just -- Commissioner Watson: Okay. Ms. Mendez: -- put it as one of your items. We still have to listen to the public comment, and we vote on it a little later today to give -- Commissioner Carollo: Okay. Ms. Mendez: -- a little more time. Commissioner Carollo: I just want to get it on the record. Commissioner Watson: Yeah. Vice Chair Russell: Yeah. I'll have a few questions about how it works -- Commissioner Watson: Okay. Vice Chair Russell: -- and we'll pick it up at that time. Commissioner Watson: Most definitely. Vice Chair Russell: That'll be PL3. Commissioner Watson: Thank you. Vice Chair Russell: Next, any further pocket items, Commissioner Watson? You're good? Commissioner Watson: Yes. Yes, sir. Vice Chair Russell: All right. Other pocket items? So, I -- Mr. Hannon: Chair? Chair? Vice Chair Russell: Yes. Mr. Hannon: The Mayor has two pocket items. One has to do with reimburse expenses under Miami Rental Assistance and Eviction Program. And another pocket item from the Mayor is amend program guidelines, Mortgage Payment Assistance. City of Miami Page 12 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Vice Chair Russell: So, P1.4 will he rental assistance and PI.5 will be -- say it again, mortgage assistance? Mr. Hannon: One has to do with reimburse expenses under Miami Rental Assistance and Eviction Program. The other one has to do -- amend program guidelines, Mortgage Payment Assistance. Vice Chair Russell: Mortgage Payment Assistance. Mr. Hannon: That's P1.5? Vice Chair Russell: Yes. P1.5 will be Mortgage Assistance Program. Mr. Hannon: Understood. Vice Chair Russell: All right. I have one pocket from the District 2 office. We're looking to get a temporary event -- to waive the two temporary event limitation for the Boys and Girls Club of Miami who will be conducting their annual fireworks sale for New Year's Eve. So, that's PI6. Are there any other items that the City Commissioners would like to defer, or continue, or withdraw? Commissioner Reyes: Withdraw, yes. Withdraw, yes. Vice Chair Russell: I'm sorry. Commissioner Reyes -- Commissioner Reyes: Yes. Vice Chair Russell: -- go ahead, sir. Commissioner Reyes: Yeah. Withdrawal, I would like to ask that -- for ER.2 [sic] to be withdraw. Vice Chair Russell: Which item? Commissioner Reyes: ER.2 [sic]. Vice Chair Russell: BR.2. What is BR.2? Commissioner Reyes: If it is possible because I -- ER.2 [sic] is the purchase of German motorcycles for the police force. Vice Chair Russell: Oh, RE.2? Commissioner Reyes: RE.2. Vice Chair Russell .• Yes. You're a Harley man. Commissioner Reyes: I'm an American man. I mean, we should -- Commissioner Diaz de la Portilla: We buy American. We buy American, man. Commissioner Reyes: We buy American. That's right. Commissioner Carollo: Well, I'm glad that it's being brought up this way because I would like to instruct the City Attorney to come up with an ordinance -- Commissioner Reyes: Yes. City of Miami Page 13 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: -- it's stronger than a resolution -- that this city will be buying American products, Commissioner Reyes: Where possible. Where if there is not -- if there is not other alternative, then we look at it and -- we should place a difference, Commissioner? Commissioner Carollo: Well, here's one that I want to be even stronger on. We have another item for helmets. I've asked where the helmets were manufactured. I was told in my briefing yesterday they didn't know. I think I know where they're manufactured. Commissioner Reyes: I heard in China. Commissioner Carollo: Mr. Assistant City Manager, have you confirmed where they're manufactured at? Mr. Casamayor: I can't confirm where they're manufactured at yet, sir. Commissioner Carollo: Well, why don't you get someone to give you the real truth? China. And I know they're claiming they're the only one that have it now. But I will tell you this, that there's nothing this manufactured in China at that level that they come up with it themselves. They've stolen it from us, they've stolen from Western Europe, Australia, Japan, Taiwan or some of the other countries (UNINTELLIGIBLE). And Pm familiar with the helmet they want. Because the minute the Chinese came up with it, a friend of mine sent me the information so I could see what they were up to. I even have some problems of what other additional areas with those helmets. But I'd like to -- I'm not going to take it off the agenda because I'll give them the opportunity to tell me where they're manufactured the cheapest here. And Chief, thank you. You know, and I feel very responsible because you all know that I'm the one that has pushed for additional motorcycles and motormen. In each meeting, even after we had the budget, I asked for more and I included monies for more, but as good as something might be right now, I want to make sure that we're not buying from individuals that are connected to a regime that is set on destroying our way of life. And the more money we give them, the more they're going to build up their military and more. Chief Jorge Colina: Commissioner, Mr. Chair, Jorge Colina, Chief of Police, 400 Northwest 2nd Avenue. Commissioner Carollo: Chief can I ask you a favor? I apologize. Mr. Colina: Put it back on? Commissioner Carollo: Yeah, if you could because we asked it of everybody. Mr. Colina: Absolutely. Commissioner Carollo: I apologize. Mr. Colina: No, that's okay. Commissioner Carollo: Thank you, Chief. Vice Chair Russell: This is the way, Chief This is the way. Mr. Colina: That's right. So, I can't speak to the helmets specifically, Commissioner, City of Miami Page 14 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 truthfully. 1 would -- we would have to do more research, so certainly we can do that and bring it back to make sure -- Commissioner Carollo: Okay. Mr. Colina: -- it's our understanding that it's a sole source because of the Harris radio system that we use. But certainly, I can't honestly speak up here about the helmet and tell you conclusively. We've researched that, et cetera, and we find A-B-C. So, on the helmet item, certainly we'll get more information and come back to you with the information. Commissioner Carollo: Okay. So, we'll defer that item too. Mr. Colina: And on the motorcycles, what I can tell you is, 1 know just the mere fact that it's BMW, you may think that this is a luxury motorcycle. It's a police motorcycle. There's nothing luxury about it. The only reason that we chose to go over to BMW is it is significantly safer motorcycle. It's about 200 pounds less than the Harley. It's got -- at 60 miles an hour, it can stop 20 feet faster. Commissioner Reyes: Mr. Chair. Vice Chair Russell: If l can let the Chief just finish. Commissioner Reyes: No, because 1 don't think there is any discussion needed. Vice Chair Russell: Well -- Commissioner Reyes: It was withdrawn. Vice Chair Russell: Well, so we haven't voted on it yet, the motion for withdrawal. Commissioner Reyes: But there's a motion -- I have a motion to withdraw. Vice Chair Russell: Right. So, I was going to save discussion on this for when the item came up, but since it's up for withdrawal, I think we should have the discussion now. Commissioner Reyes: Sure. Vice Chair Russell: If that's all right. Commissioner Carollo: Yeah. Vice Chair Russell: And I'd love to hear the -- you know, all the reasonings -- Commissioner Reyes: Yeah. Vice Chair Russell: -- for it, but Chief you're -- Mr. Colina: So, just briefly, the motorcycle at 60 miles an hour stops 20 feet sooner than the Harley. It's got crash bars on the side of it. So, it's just a significantly safer motorcycle. It's the only reason that we want to transition to that bike. That bike is used by California Highway Patrol. It's used more -- by more police departments across the globe than any other bike. We believe that it's probably cost neutral, long- term, probably a savings. But ultimately, the biggest deciding factor on wanting BMW is just because it's significantly safer when you consider that stopping distance. It could mean somebody's life ultimately. So, that's the only reason. There is BMW of City of Miami Page 15 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 North America. I understand. 1 would prefer made in America also. But if the bike is safer, then it's safer. BMW has a big North American footprint. There's a massive plant in South Carolina that employs thousands. They don't make the motorcycle there, hut we do employ thousands of Americans as well. So, just something for your consideration when you do decide to vote. Commissioner Carollo: Yeah. Do you know where in Europe the bike is made? Is it in Germany or one of the adjoining European countries? Mr. Colina: 1 believe that it is Germany. Commissioner Carollo: Okay. Mr. Colina: There could be some components that come from somewhere else. Harley is made here, but they import components from Italy, Brazil, China as well. So, some of the -- as you know, Commissioner, sometimes they'll get one part from here, one part from there -- Commissioner Carollo: Yeah. Mr. Colina: -- but predominantly, Germany. Commissioner Carollo: All right, Chief. We appreciate that information, and we'll certainly consider that in our decision when we bring it back. Maybe if you could sit down with some of us, certainly, Commissioner Reyes, myself, anyone else that would want to, to see if there's anything that might be out there that could get close to this. Mr. Colina: And I have -- if anybody likes, I have additional information that I can send over, any other -- Commissioner Carollo: Yeah. Mr. Colina: -- questions you may have. Certainly, we have that available to you. Commissioner Reyes: I have done also my research about it and the additional cost also, and getting it ready, prepping it up is not included in the price that we were given. And besides that, I think that even if it is a small difference in prices, the jobs - - the American jobs that we will be saving, it's very important. And us being a governmental institution, and I know that so many people have lost jobs, I think it will be very irresponsible on our part to be buying anything that is not made in the United States. It is my opinion. And in the -- I mean, in the County, only small police department, which is North Bay Village, they have two. They bought two. And I've been in contact with other people and what they're saying, it is in the long run, this motorcycles -- and I didn't want to bring the all of this because, I mean, I think it is not needed. But it has so much electronics that even I spoke with people that own that type of bike and they say that it is fantastic, but in the long run, they are -- I mean, maintenance is -- and that's another question that I have, but I don't think that is needed, you see. My motion was to withdraw it. And if we get a second, we can vote on it. Commissioner Carollo: There's a second to withdraw it, Commissioner. Vice Chair Russell: And -- so we don't need a second at this moment where it's just going to be part of the order of the day -- Commissioner Carollo: Yeah. City of Miami Page 16 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Vice Chair Russell: -- okay, for the entire agenda. 1 just wanted one more clarification. PH.1 is the sole source on the helmets. Did you want to defer that item? Commissioner Carollo: Yes. Based upon what the Chief said that they're going to find out where exactly they're made at and we'11 bring it back at the next meeting with the bike -- Vice Chair Russell: January 14? Commissioner Carollo: Yeah. Vice Chair Russell: Okay. Commissioner Carollo: Chief thank you very much for your (INAUDIBLE). Mr. Colina: Thank you again. Vice Chair Russell: Thank you very much, Chief. Commissioner Watson: So, through the Chair, Commissioner Carollo wanted to defer both the helmets and the motorcycles? Vice Chair Russell: The motorcycle will be withdrawn. Commissioner Reyes: Withdrawn. Vice Chair Russell: The helmets -- Commissioner Watson: Oh. Vice Chair Russell: -- will be deferred. Commissioner Carollo: Yeah. But Chief told us here that he would find out where they're made at because -- Commissioner Watson: Okay. Commissioner Carollo: -- nobody seems to know where they're made at. Vice Chair Russell: All right. Is there any further -- do I have a motion on the order of the day? Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: No. Commissioner Carollo: Second. Commissioner Diaz de la Portilla: No. No, hold on a second. Vice Chair Russell: Yes, Commissioner. Commissioner Diaz de la Portilla: I would like to object to the CA.12 being deferred. I'd like to have some discussion on that item. That's the item dealing with -- Vice Chair Russell: (UNINTELLIGIBLE) lobbying services. City of Miami Page 17 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Diaz de la Portilla: -- for the state lobbying services. Vice Chair Russell: Yes. So -- Commissioner Diaz de la Portilla: Because I would -- Vice Chair Russell: -- you would like to hear that today? Commissioner Diaz de la Portilla: I'd like to hear it today and have a conversation about it, at least. Vice Chair Russell: If that's okay, we'll pull that from the deferral and have a discussion. Commissioner Carollo: He's got a right to pull it. Vice Chair Russell: Yeah. Commissioner Reyes: Which one is it? Vice Chair Russell: This is the state lobbying. Commissioner Carollo: The lobbyists. Vice Chair Russell: State lobbying pool. Commissioner Carollo: The state lobbyists. Commissioner Reyes: Okay. Vice Chair Russell: This is P -- CA.12. Commissioner Reyes: CA.12. Vice Chair Russell: So, we'll take that out of the deferral for order of the day. We will -- we'll take that one up today. Commissioner Carollo: Understand, Commissioner, the fact that I agree in taking it out is proper because any one of us has that right. Commissioner Diaz de la Portilla: Of course. Commissioner Carollo: That doesn't mean that I'm going to be in agreement. Commissioner Diaz de la Portilla: I know that. We all practice proper decorum here. I get it. Commissioner Carollo: Okay. Vice Chair Russell: Well, that's an old saying in Japanese. In Japanese business, when I say yes, it means I heard you, it doesn't mean I agree with you. Okay. Commissioner Reyes: I like that. I'm going to use that. Vice Chair Russell: So, we have an order of the day. City of Miami Page 18 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: We're okay with the Japanese. It's a little farther up -- Commissioner Reyes: That's right. Commissioner Carollo: -- that we got a problem with. Vice Chair Russell: Well, in that case, I'd like to recommend the Suzuki Hayabusa motorcycle, which is the fastest motorcycle in the world, and it just happens to be a Japanese motorcycle. But we'll take that up at another time. Commissioner Carollo: I'm only in love with the Japanese destroyers. They got about 40 of them, and you know, they keep us safe. Commissioner Reyes: They do -- they sure do. Vice Chair Russell: Thank you. So, is there a motion on the order of the day, please? Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Move it. Mr. Hannon: Moved by Commissioner Reyes, seconded by Commissioner Carollo earlier. Vice Chair Russell: Okay. So, the amendment doesn't need to be captured. It's just we'll take out CA.12 -- Mr. Hannon: Good to go. Vice Chair Russell: -- from the motion. We have a motion. We have a second. Is everyone clear? Any further discussion? All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you. PUBLIC COMMENTS FOR ALL ITEM(S) 8343 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE DECEMBER 10, 2020 CITY COMMISSION MEETING. rRESULT: PRESENTED Vice Chair Russell: So, I'm going to open up public comment for the day. Anyone who'd like to call in for public comment today, (305) 250-5454. Todd B. Hannon (City Clerk): Chair, and my apologies. We do have five call -in registered speakers, so if you would like to start with them first? City of Miami Page 19 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Vice Chair Russell: Yes, that's fine. Manuel Otero (Innovation and Technology Web Administrator): Call taker 2, you're live. Unidentified Speaker: Sir, you can go ahead and speak now. Orlando Gonzales: Good morning, Mayor and Commissioner. Great to be with you on International Human Rights Day. My name is Orlando Gonzales. 1 live at 180 Northeast 29th Street, Miami, Florida. My pronouns are he and him. I'm the executive director of Safeguarding American Values for Everyone. I'm also a member of the City of Miami LGBT (Lesbian, Gay, Bisexual, Transgender) Advisory Board. Many thanks for your passage of the resolution which established that board earlier this year. SAVE's (Safeguarding American Values for Everyone) mission is to promote, protect and defend equality for people in South Florida who are LGBT. And today I'm here to support the resolution to have the City of Miami sign an amicus brief for the rehearing of the conversion therapy case in the llth Circuit Court. I want to thank Mayor Suarez for his leadership in establishing the conversion therapy ban in the City of Miami, and the Commissioners on the dais who voted for that resolution in 2016. I also want to thank Commissioner Ken Russell for his public service leadership and for bringing today's resolution to fruition. This amicus brief signals how the City of Miami is first-class, that we have an interest in protecting children from long-term harm that often leads to depression and suicide. The cost of those elements to society are great and very grave. But it's important to note that this amicus brief signals something greater and that's leadership. More than a dozen cities throughout the United States are lined up to sign onto this brief (UNINTELLIGIBLE) argument. That protecting children is vital, especially when Professional Medical Association has made it clear that conversion therapy has tremendous adverse effect on minors. More cities will sign on with the city of Miami leading by example, given the 22 states, Puerto Rico and Washington D.C. has banned conversion therapy. Further, there are also 55 municipalities across the country, as well as 23 of those in Florida. I want to thank you all for your time, your attention, your leadership, and your action. Have a blessed day. Manuel Otero (Innovation and Technology Web Administrator): Call taker 1, you're live. Unidentified Speaker: Okay, sir. You are live with Commission. Please speak. Yoni Bornstein: Okay. Thank you. Good morning, Commissioners, and welcome, Commissioner Watson. My name is Yoni Bornstein. I'm president of the Wynwood Community Enhancements Association and a local property owner in Wynwood Norte, at 3200 Northwest 2nd Avenue. I'rn speaking today in support of items, FR.2 and FR.3. FR.2 and 3 are two remaining ordinances tied to the Wynwood Norte Neighborhood Revitalization District, which the Commission adopted unanimously last month. I've been in this neighborhood for a number of years now and the neighborhood has many needs. The items before you today are about putting the tools in place to reinvest in the community, supporting this community with both its growth, and its preservation. This is about supporting the parks, supporting the schools, the arts, and cultural organizations, the seniors, and families, investing back into the neighborhood so everyone benefits. FR.2 and FR.3 are the tools that will ensure the NRD-2 is a legacy for this community for years to come. The last point I want to make is about mobility and safe streets and how critical they are to this neighborhood. There are so many people in the neighborhood, both kids and elderly, that walk and use public transportation. FR.2 is a tool that creates new revenue that will support these improvements. On behalf of the association and the community, City of Miami Page 20 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 thank you to Commissioner Watson, Commissioner DLP (Diaz de la Portilla), Commissioner Reyes, Commissioner Carollo, and Commissioner Russell for your support today on items FR.2 and FR.3. Go Wynwood Norte, home of the Clemente Pirates. Thank you very much. Manuel Otero (Innovation and Technology Web Administrator): Call taker 2, you're live. Unidentified Speaker: Hello, ma'am. You're on live. Eliza Castro: Hello. My name is Eliza Castro. I live 47 Northwest 46. I'm here working in Wynwood Norte for over ten years. 1 am here to speak in support of FR.2 and FR.3 to support the Wynwood Norte public benefits and parking trust And. In participating in the community vision planning process, it became clear that our neighborhood has many challenges and needs. The population has declined significantly. Homeownership is much lower, more and more vacant lots have popped up, and there is no new housing being built in the neighborhood. Businesses struggle, schools are uninvolved. We need to break the cycle. Through the Wynwood CEA (Community Enhancement Association), now there are many different types of people working together for positive change. Longtime resident, business owners, property owners, working with the school, with the churches and cultural organizations to plan for a brighter future. With the Wynwood Norte NRD-2, we now have an action plan that incorporates the community input over the past few years to bring our neighborhood back in a positive way. Safer sidewalks, new housing that are affordable to families, opportunities for small business, jobs for local residents. Times have changed, Miami has changed. It's time for Wynwood Norte to grow and evolve and to better serve the needs of the community. And that's what these items on today's agenda are all about. Thank you, Commissioners, and major credit for believing in this neighborhood. Please support Wynwood Norte and the items FR.2 and FR.3. Thank you for listening. Manuel Otero (Innovation and Technology Web Administrator): Call taker 1, you're live. Unidentified Speaker: Sir, you are live with the Commission. Albert Garcia: Good morning, honorable Commissioners. Thank you for the opportunity to speak today. My name is Albert Garcia, 15 Northwest 24th Street, Miami, Florida. I'm the chairman and co-founder of Wynwood Business Improvement District. Our 50-city block arts district is united in respectfully asking that you vote yes on agenda items CA.7, SR. I, SR.2, PZ.13, and PZ.14 during today's meeting. By approving these ordinances, you will allow our communities to implement a new Wynwood streetscape master plan that would be the first of its kind in the United States. The implementation of this new plan will further enhance the pedestrian experience and quality of life of our residents, area employees, and millions of annual visitors. There will be new pedestrian friendly streets, public green spaces, widened sidewalks, protected bicycle lanes, and district -wide signage to help guide pedestrians and motorists throughout the area. The Wynwood BID (Business Improvement District) and our commercial property owners will be funding the construction and maintenance of these new improvements. Our community appreciates the hard work and effort of the Miami Planning Department and design firm ArquitectonicaGEO for collaborating with us over the past 24 months to create this remarkable plan. Lastly, I'd like to take this opportunity to congratulate our new District 5 Commissioner, Jeffrey Watson, on his recent appointment, and to Cesar Garcia Pons on his role as the new City of Miami Planning Director. We sincerely wish both ofvou the very best in your new positions. Thank you, Mr. Mayor, and to each of our five Commissioners, for your continued support of Wynwood and leadership during these unprecedented City of Miami Page 21 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 times. Please stay safe and healthy. Manuel Otero (Innovation and Technology Web Administrator): That was the last live callback. Vice Chair Russell: Thank you very much. Is there anyone on the other live line? Are there any other calls? Iliana Rezinsky: Iliana Rezinsky (phonetic) -- Mr. Hannon: This is prerecorded public comment, sir. Ms. Rezinsky: -- 2751 Southwest 29th Street. This is for the City Commission hearing of Thursday, December 10, 2020, Item 7677 and 7679. I've been following your progress on this thing since July -- the meeting of July 1, which I commented on about the traffic. I wanted to let you know that the picture that was shown on -- (UNINTELLIGIBLE) people that are doing this change where a car is blocking the sideways, is a very old picture because since July 1st, I have been driving through there looking specifically for people parking improperly. That's an old picture. You should ask that question when that photo was taken. Secondly, the location may be close to Metrorail, but getting close -- crossing the street on Bird Road and Douglas is very difficult. 1 tell you that sometimes it takes me ten minutes to cross the street. Additionally, my interest on this phone call is to find out where the traffic from that facility that you're constructing is going to exit on. 1 remember Mr. Dominguez mentioning that the traffic had lightened up because of COVID. That is not correct. The traffic is still diverting from 37th Avenue instead of going to Bird Road on 40th Street at the light. They turn right on 29th Street from 37th Avenue, and then they either proceed straight on 30 -- 29th Street to 38th Avenue or they make a left turn on 37th Court to then approach Bird Road that way, avoiding the traffic light at Bird. Either way, it's creating an enormous amount of traffic on this area, specifically that corner of 29th Street and between 37th and 38th Avenue. I would like -- Unidentified Speaker: (Comments made in Spanish not translated.) Michael Hepburn: Good afternoon, Commissioners. My name is Michael A. Hepburn. My address is 645 Northeast 77 Street. And I am calling in today to talk about RE.3. After visiting some of our locations that are distributing the Publix gift cards in my district and also after seeing highlights from the Mayor distribution event on TV, it is clear that the need in our city is huge in terms of the residents seeking assistance during this trying time. I know that during our November 18th special meetings when the allocation of these funds were discussed, the plan was to distribute financial assistance to our residents throughout the city. But however, I do not recall that it was determined to provide the assistance in the form of a grocery gift card to be redeemed at just one grocery vendor, in this case, which is Publix. I would like to request today that our City Commission change the scope of how the remaining 1.2 million, or whatever money is left, is used so we can purchase cash gift card instead so our residents can determine the best way to cover the expenses that they need to meet. For instance, medicine, or FP&L bill, or food or something else. Also, I would like to request that the distribution logistics be improved as well. The current process of just having a resident stand in long lines while hoping that they make it to the front before the gift cards run out is not acceptable, definitely not during COVID-19. We can incorporate a number system. We can have scheduled appointment times. There is so many other adjustments that can be made to make it safer and better for our people. And I just wanted to say if you guys need any assistance to help facilitate this process, please let me know. I'm definitely willing to help. Thank you so much. Mark Bailey: Mark Bailey, Miami River Marine Group, 3033 North River Drive, City of Miami Page 22 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Miami, Florida 33142. This is regarding PZ.16, hotel and lodging on industrial designated land, amending Miami's Comprehensive Plan. The Miami River Marine Group is a Florida not -for -profit trade association that supports the Miami River marine industry. The organization includes shipping terminals, ocean cargo carriers, recreational boatyards, yacht repair facilities, marinas, construction companies, tugboat operators, marine suppliers, professionals, individuals, and area businesses. Important business segments of the Miami River marine industry, led by Antillean Marine Shipping remain concerned that a potential loss of waterfront industrial property, the hotel and lodging development, could have unforeseen and possibly widespread implications on the marine industry on the Miami River. Consequently, the Miami River Marine Group advises the City Commission to pursue a careful study of this matter and delay action at this time on PZ.16. Thank you and stay safe during this pandemic. Mark Bailey, Miami River Marine Group 3033 North River Drive, Miami, Florida 33142. This is regarding PZ.8, hotel and lodging in industrial designated land, amending Miami's Zoning Code. The Miami River Marine Group is a Florida not for -profit trade association that supports the Miami River marine industry. And the organizations include shipping terminals, ocean cargo carriers, recreational boatyards, yacht repair facilities, marinas, construction companies, tugboat operators, marine suppliers, professionals, individuals, and area businesses. Important business segments of the Miami River marine industry, led by Antillean Marine Shipping remain concerned that the potential loss of waterfront industrial property to hotel and lodging development could have unforeseen and possibly widespread implications on the marine industry on the Miami River. Consequently, the Miami River Marine Group advises the City Commission to pursue a careful study of this matter and delay action at this time on PZ.8. Thank you and stay safe during this pandemic. Brett Bibeau: Hello, honorable City Commission. This is Brett Bibeau, managing director of the Miami River Commission with the offices located at 1407 Northwest 7th Street. PZ.8 and PZ.16 are citywide ordinances which would hypothetically impact all parcels within the City of Miami zoned D-1, D-2, and D-3 with land use of industrial, for which the parcels along the Miami River are a very small minority of the City's total acreage. The subject citywide draft ordinance would require any riverfront proposal for a hotel on a property zoned D-3 would have to be considered on its individual merits by the City Commission. Therefore, the Miami River Commission does not have an advisory recommendation on today's agenda items. In the future, if a riverfront D-3 property owner applies to become a hotel, the Miami River Commission would consider that specific site and proposal at that time in order to provide the City Commission with our advisory recommendation. Your time and support fOr the Miami River are appreciated. David Polinsky: My name is Dr. David Polinsky. My address is 1040 Biscayne Boulevard. I'm one of the creators or founders of the Wynwood BID and have been active in development of some boutique project there for the past seven years. I want to first of all congratulate and welcome our new D5 (District 5) Commissioner Jeffrey Watson, though we haven't met yet. Very much look forward to doing so at some point in the future. I'm speaking in support today of items PZ.13 and 14, which are the Wynwood streetscape master plan legislative items. These items are the culmination of really six years of a collaborative effort between City staff property owners, businesses, and residents towards the goal of completing a comprehensive master plan which matches the unique artistic history of the neighborhood. Among the achievements here, in this final set of amendments, one of the items I'm most proud of is the unusual streetscape design which is being created through the streetscape standards. Unfortunately, the uniqueness, however, of the sidewalk and tree material and plant selections makes them more expensive to build than anywhere else in the city. But I'm very proud to say that both on behalf of my company and the other developers that I know that work in the area, we're all proudly supporting this City of Miami Page 23 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 legislation and are more than happy to pay for those items being implemented. And we're looking forward to building one of Miami's great neighborhoods together. Thanks so much. 1 hope you'll support it as well. David Weitz: Hello. My name is David Weitz, co-founder of Carpe Real Estate Partners. My address is 240 Northwest 25th Street. I'd like to start by welcoming and congratulating new D5 Commissioner Jeffrey Watson. We're all very much looking forward to working with you and continuing to build upon this amazing community together. Secondly, I'd like to share my support for the Wynwood Streetscape master plan, Items PZ.13 and 14. As not only a local developer but a resident of Wynwood, I'm very committed to providing heavily landscaped open public spaces in all of our projects. It's these kinds of improvements, if implemented, will help make up for the lack of trees, shade community areas, and parks that Wynwood so desperately needs. I feel very strongly that this is the type of enhancement to our community that should be definitely welcomed by all. Thank you and have a good evening. Perla Soto: Hi. My name is Perla Soto. I'm the property owner of 2893 Southwest 37th Court, Miami 33134. I'm calling about the numbers 7677 and 7679, about a high -- a unit -- multi -use units being built at 2824 or 2822 Southwest 37th Avenue. My concern is about the traffic flow, how that's going to be addressed, if that's going to be increasing traffic off of 29th street, or if it's going to stay on 37th Avenue. That is it. Thank you so much. Bye. David Lombardi: Hi. My name is David Lombardi of Lombardi Properties, 160 Northwest 26th Street. 1'd like to start off by welcoming our new D5 Commissioner Jeffrey Watson to the neighborhood. Also, would like to state my support ,for streetscape master plan Items PZ.13 and 14. This is another tremendous step for the culmination of Wynwood and the vision that I've had personally for the area for the last 20 years. I began investing here in 2000 on several acres of property and have dozens of tenants here and was one of the founding members of the Wynwood BID Board. I think this master plan for the streetscape is essential to give shade on these streets. This was never intended to be a pedestrian friendly neighborhood. It was a light industrial neighborhood. And we spent the last 20 years peeling it open like a flower and becoming the biggest destination in Miami. So, the streetscape would be a tremendous help, the woonerfs will be incredible. And I think it will continue to build vibrancy throughout. Thank you so much for your support of this item. Bye-bye. Unidentified Speaker: Hi. I'm Enrique (UNINTELLIGIBLE), Puerto Rican Chamber of Commerce based in Wynwood, Florida (UNINTELLIGIBLE). I'm asking for your support of the FR.3 and FR.4 to establish a reinvestment component to what was voted on in the previous meeting (UNINTELLIGIBLE) for the establishment of the Wynwood Norte Neighborhood Revitalization District. (UNINTELLIGIBLE) to move this forward and to be supportive of the community in their request and their desire to (UNINTELLIGIBLE) Wynwood help itself by stabilizing itself through this initiative. I think that, with your support, if you vote on it this time around, (UNINTELLIGIBLE) hope we move forward on this initiative. And my work with Wynwood through Borinquen Medical Center, Father Menendez, (UNINTELLIGIBLE) of the area, now we stand to really capitalize to put strength back to moving this community forward. And I ask that you support it (UNINTELLIGIBLE) FR.3 initiative. Thank you, Commissioners, for your leadership. I want to thank the Mayor for bringing this forward. And, of course, we all win if this is voted in today. So, thank you, and God bless. Jose Luis Menendez: My name is Father Jose Luis Menendez. I live in 3220 Northwest 7th Avenue, Miami, Florida. I am calling you in behalf of Wynwood Norte. Dear Commissioners, on behalf of the Mission San Juan Bautista that is located City of Miami Page 24 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 within Wynwood Norte, I'm speaking in support Item FR.3 and FR.4. We are members of the Wynwood Community Enhancement Association. We have been pleased to be a part of the Community Vision Plan on the various neighborhood enhancements. We are particularly excited about the new lighting and the new trash cans implemented along Northwest 2nd Avenue. We thank the City for this change and for the consideration of the implemented of the vision plan. The item for your consideration today are to continue the important work of the association in addressing the needs of this community, recognizing the importance of facilitating new investments and development that is compatible with the character of the neighborhood. Corpus Christi and Mission San Juan Bautista are always supportive of initiatives that enhance our neighborhood and the life of all residents who work and live in the neighborhood. Thank you for your listening, and God bless you. Gabriel Ibraha: Welcome and congratulation, Commissioner Jeffrey Watson. My name is Gabriel Ibraha (phonetic). I am part of the Wynwood BID and a property owner. We have different lots in Wynwood, and one of them is on 300 Northwest 29th Street. I'm calling supporting the Wynwood Streetscape Master Plan, Items PZ.l, 3, and 14. We're very excited about the new street plan, and especially for the owners. And, of course, for me, myself, the 3rd -- the one on 3rd Avenue, which will be the first -- Miami first pedestrian street. We're very excited about that. I'm in great support about this initiative. Thank you very much and we're looking fbrward to improve our neighborhood. Thank you. Lucy Mendez: My name Lucy Mendez. I live on 42 Northwest 35 Street, Miami, Florida. 1 live in this community for 35 years. And we support the NRD-2 because it's going to be affordable for us, like housing, stores, prevent crime, and a lot of things that we need to be done in this neighborhood. Elly Wamasar: Hi. My name is Elly Wamasar (phonetic). My address is 3012 Northwest 2nd Avenue. I've been in this neighborhood for eight years. I support 100 percent the support NRD-2, and I appreciate what you are trying to do. Business is kind of slow nowadays. We need to improve the neighborhood and to improve the area. And do the best you can. Nadine Patrice: Hi. I'm Nadine Patrice. I own a Jamaican restaurant in Wynwood. It's called Palatino Jamaican Restaurant, and the address is 3004 Northwest 2nd Avenue. And we've been around for more than eight years. And (INAUDIBLE) in Miami. We are the best hands -down (UNINTELLIGIBLE) in Miami. And we proudly support the NRD-2 so hopefully (UNINTELLIGIBLE) bring more people in the area and support all the small business in the area, and (UNINTELLIGIBLE). So, come in and try our food and support the community because this restaurant is more than just -- a restaurant. It's a community. (UNINTELLIGIBLE) on the wall to help them out, and it's a community. Come on in. Sharon Hassani: Hello and welcome, and congratulations new Commissioner, Jeffrey Watson. My name is Sharon Hassani (phonetic). I represent a property located in Wynwood at 2825 Northwest 2nd Avenue, also known as the Ducati building. I wanted to leave a message in regards to my support jbr the Wynwood Streetscape Master Plan Items PZ.13, and PZ.14. As a developer in the neighborhood, I support this effort greatly. The creativity of the tree types and creating this uniformity throughout the neighborhood will help the neighborhood greatly and I think it should be adopted in full form at the hearing. Thank you so much. Unidentified Speaker: My name is (UNINTELLIGIBLE). I live on 3300 Northwest 5th Avenue, Miami, Florida 33127. Born and raised in this neighborhood, in Wynwood. And I really like to make the neighborhood better. And I approve the City of Miami Page 25 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 NRD-2. I really like it to get this all the way safe, and 1 want to get older on this neighborhood. Mr. Hannon: Chair, that concludes the prerecorded public comment. Vice Chair Russell: Thank you very much. Are there any --? Do we have anyone live on the line who would like to speak to public comment? Good morning. You're live with the Commission. Lance Burstyn: Good morning, Commission. My name is Lance Burstyn, and my company is Global Star Ventures, and my address is 35 Northeast 26th Street. I'm an active investor and developer in the Wynwood area. I'm here to respectfully ask to approve agenda Items PZ.13 and 14, the Wynwood Streetscape Master Plan, and the NRD-1 proposed changes. Wynwood is a globally -recognized world -class destination, one of the fastest growing urban neighborhoods in the entire country with over five million people visiting on an annual basis. By implementing the Wynwood Streetscape Master Plan with these woonerjs to allow for pedestrian friendly streets, sidewalks, tree canopies, an amazing living street that will come to life, I believe it's a much needed, incredibly unique addition to the Wynwood neighborhood. Furthermore, most of what I fbcused on and worked on is on the adaptive reuse type projects. Under the new proposed NRD-1 changes, it will allow property owners like myself to take advantage of the bonus density increase that will allow these numbers to work. I really believe that once this is approved, it will incentivize developers like myself and investors to fast track the overall development of Wynwood. Again, I'm here to fully support and truly hope agenda Items PZ.13 and 14 are approved. And in closing, 1 just want to thank you for your time today. Keep up the great work that you do for our city and this -- that we live in. Happy holidays. Vice Chair Russell: Thank you very much for your comments. Is there anyone else for public comment? Mr. Hannon: And Chair, if I may. Is there anyone in the chambers that wanted to speak during the public comment period? Thank you, Chair. Vice Chair Russell: Thank you very much. That concludes public comment for this meeting. MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Vice Chair Russell: So, let us -- oh, I'm sorry. Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Vice Chair Russell: Thank you very much. END OF MAYORAL VETO(ES) City of Miami Page 26 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson CA.1 RESOLUTION 8097 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A PERPETUAL EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM TVC 15 LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF THE SIDEWALK CONSTRUCTED ON THE WEST SIDE OF NORTHEAST 1 AVENUE AND THE SOUTH SIDE OF NORTHEAST 79 STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS RELATED TO THE PERPETUAL EASEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO RECORD SAID INSTRUMENT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-20-0396 This matter was ADOPTED on the Consent Agenda. Vice Chair Russell: Gentlemen, is there anything on the consent agenda that you'd like to pull to discuss separately? Commissioner Carollo: Yes. Vice Chair Russell: Which item? Commissioner Carollo: C.9 [sic] and C.12 -- 10. Vice Chair Russell: Miami Marlins and the amicus curiae brief for Boca Raton. Commissioner Carollo: No. C.10 [sic] I think is different. Vice Chair Russell.: That's the one on conversion therapy. Commissioner Carollo: No, no. That one I have no problem. It's the -- Vice Chair Russell: Okay. Commissioner Carollo: -- C.11 [sic]. I apologize. Vice Chair Russell: So, the Marlins settlement, CA.9, we'll pull from the consent agenda, and CA.11 -- City of Miami Page 27 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: Right. Vice Chair Russell: -- to Marlin well pull from the consent agenda. Anything else to pull? Having said -- can we --? Can I get a motion on the remainder of the consent agenda? Commissioner Carollo: It's a motion. Commissioner Reyes: Second. Vice Chair Russell: Thank you very much. It been moved and seconded. Is there any further discussion on any of the items on the consent agenda? No? Thank you very much. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: All opposed? Motion passes. Thank you very much. CA.2 RESOLUTION 8148 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING EIGHT (8) RIGHT-OF-WAY DEEDS OF DEDICATION, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN COPIES OF SAID DEEDS. ENACTMENT NUMBER: R-20-0397 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see Item Number CA.1. CA.3 RESOLUTION 8293 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A PERPETUAL EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM HARVEY SEEDS POST NO. 29 AMERICAN LEGION, A FLORIDA NOT FOR PROFIT CORPORATION, SUBJECT TO A LEASE AND DEVELOPMENT AGREEMENT DATED SEPTEMBER 11, 2018 AND ASSIGNMENT OF LEASE TO MIMO BAY APARTMENTS HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF A SIDEWALK CONSTRUCTED ON NORTHEAST 64TH STREET AND NORTHEAST 7TH AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS RELATED TO THE PERPETUAL EASEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; FURTHER DIRECTING AND AUTHORIZING THE CITY MANAGER TO RECORD SAID INSTRUMENT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-20-0398 City of Miami Page 28 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 CA.4 8075 Department of Police CA.5 8108 Department of Police This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM SUBAWARD AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE IMPLEMENTATION OF THE "ENFORCEMENT/COMMUNITY ENGAGEMENT PROJECT"; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS IN THE AMOUNT OF $38,205.00 WITH NO CITY MATCH FUNDS REQUIRED; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID FUNDS AND COMPLIANCE WITH REQUIREMENTS OF THE SUBAWARD AGREEMENT. ENACTMENT NUMBER: R-20-0399 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "COMMUNICATION AND HIGH VISIBILITY ENFORCEMENT"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LETTER OF AGREEMENT AND CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNIVERSITY OF NORTH FLORIDA TRAINING AND SERVICES INSTITUTE, INC., D/B/A INSTITUTE OF POLICE TECHNOLOGY AND MANAGEMENT FOR REIMBURSEMENT OF OVERTIME EXPENSES IN AN AMOUNT NOT TO EXCEED $93,015.67 FOR MIAMI POLICE DEPARTMENT OFFICERS CONDUCTING TRAFFIC ENFORCEMENT DETAILS AND COMMUNITY EDUCATION INITIATIVES CONSISTENT WITH THE PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN WITH NO MATCHING FUNDS FROM THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID REIMBURSEMENT FUNDS. ENACTMENT NUMBER: R-20-0400 This matter was ADOPTED on the Consent Agenda. City of Miami Page 29 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 CA.6 8109 Department of Police Note for the Record: For minutes referencing Item Number CA.5, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM SUBAWARD AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT TO ACCEPT FUNDS IN THE AMOUNT OF $39,799.00 WITH NO CITY MATCHING FUNDS REQUIRED TO FUND THE "REDUCING VIOLENT CRIME PROJECT" THROUGH THE MIAMI POLICE DEPARTMENT; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID FUNDS AND COMPLIANCE WITH REQUIREMENTS OF THE SUBAWARD AGREEMENT. ENACTMENT NUMBER: R-20-0401 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA. 6, please see Item Number CA.1. City of Miami Page 30 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 CA.7 8112 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT WITH ARQUITECTONICA GEO CORPORATION, A FLORIDA PROFIT CORPORATION, SOLICITED AND AWARDED PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 16-17-044 FOR THE PROVISION OF URBAN DESIGN AND LANDSCAPE ARCHITECTURAL/ENGINEERING SERVICES FOR THE WYNWOOD STREETSCAPE AND STREET TREE MASTER PLAN BY A NOT -TO -EXCEED AMOUNT OF THIRTY THREE THOUSAND DOLLARS ($33,000.00), THEREBY INCREASING THE ORIGINAL NOT -TO -EXCEED PROJECT COMPENSATION AMOUNT FROM SIX HUNDRED FIFTEEN THOUSAND ONE HUNDRED FORTY DOLLARS ($615,140.00) TO THE AMENDED NOT -TO -EXCEED PROJECT COMPENSATION AMOUNT OF SIX HUNDRED FORTY EIGHT THOUSAND ONE HUNDRED FORTY DOLLARS ($648,140.00), FOR ADDITIONAL SERVICES ASSOCIATED WITH THE COMPLETION OF THE NORTHWEST 1ST AVENUE WOONERF SCHEMATIC DESIGN; ALLOCATING FUNDS FROM THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID"), SUBJECT TO BID AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PSA WITH GEO, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0402 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see Item Number CA.1. City of Miami Page 31 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 CA.8 RESOLUTION - Item Pulled from Conseil' 8068 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A STIPULATION OF PARTIES AGREEMENT ("SOP"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA EAST COAST RAILWAY ("FEC") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF A RAILROAD CROSSING ALONG NORTHEAST 42ND STREET BETWEEN NORTHEAST 4TH AVENUE AND FEDERAL HIGHWAY WITHIN THE FEC RIGHT OF WAY, OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B173901, AS WELL AS FOR THE CLOSURE OF THE RAILROAD CROSSING AT NORTHEAST MIAMI COURT BETWEEN NORTHEAST 71ST STREET AND NORTHEAST 74TH STREET, OCI PROJECT NO. 40-B183616; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE SOP, ALL IN A FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR THE PROJECT; FUNDS TO BE ALLOCATED AND APPROPRIATED BY SEPARATE RESOLUTION. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item CA.8 was continued to the January 14, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number CA.8, please see "Order of the Day." City of Miami Page 32 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 CA.9 8300 Office of the City Attorney RESOLUTION - Item Pulled from Concert' A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT AN OFFER TO SETTLE, NEGOTIATE AND EXECUTE ANY AND ALL SETTLEMENT DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, WITHOUT ADMISSION OF LIABILITY, IN SETTLEMENT OF THE CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AS MORE SPECIFICALLY DETAILED IN THE SETTLEMENT AGREEMENT WITH MIAMI- DADE COUNTY, MIAMI MARLINS, L.P., A DELAWARE LIMITED PARTNERSHIP ("PARTNERSHIP"), AND MARLINS TEAMCO, LLC, A DELAWARE LIMITED LIABILITY COMPANY, IN THE CASE STYLED THE CITY OF MIAMI, ET AL. V. MIAMI MARLINS, L.P., A DELAWARE LIMITED PARTNERSHIP, AND MARLINS TEAMCO, LLC, A DELAWARE LIMITED LIABILITY COMPANY, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 18- 4718-CA-43. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item CA.9 was deferred to the January 28, 2021, City Commission Meeting. Vice Chair Russell: Commissioner, you are recognized on CA.9, Miami Marlins settlement. Commissioner Carollo: Thank you. Look, I really would like for this to be deferred for the January meeting. There's a lot of questions that I still have on this item. And let me say this on the record. One of the biggest concerns that I have is that, while the settlement, as I understand it, or I believe, anyway, is with the former owners of the Marlins' lawyer, the ones that did this great deal for themselves and not for the City or the County, I want to know what effect the new ownership had. Because it concerned me greatly what had read back when this whole thing came about and we sued, that the present ownership had opened up corporations in the British Virgin Isles where it's probably one of the three hardest places to find and get information from. And I don't know why that was done. I don't know if that had any effect in what we needed to have on this deal. I know that -- at least that's what the papers stated, that the individual that recommended this to the Marlins -- and was a minority partner of theirs that lives in Margarita Isle in Venezuela. But I just like to get more information to see if we should settle this now or if we need to move forward a little more, and the effect of what I've just described. But it just doesn't give me a good feel of why anybody wants to open up corporations so that we can 't get into the dealings over in the British Virgin Isles. Commissioner Reyes: IfI may. Vice Chair Russell: You're recognized. Commissioner Reyes: May I add to that because we all know that that was a horrible deal. I mean, it's one of the worst deals the City ever did. And I think the City was taken for a ride. But I want to know -- you see, I'm a numbers person. I would like to City of Miami Page 33 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 know how did we arrived at this amount, you see. 1 mean, what percentage and how - - it is a settlement. It is --1 mean, were we -- could we have gotten more? I want a clarification on how we arrived at this amount of $562,800. And also, I move for defer if, Commissioner, you agree with it. You want to defer it? Commissioner Carollo: Yes. I do. Commissioner Reyes: Yeah. I move to defer it. Vice Chair Russell: There's a motion and -- Commissioner Carollo: Second. Vice Chair Russell: -- a second, I assume -- Commissioner Carollo: Yes, yes. Vice Chair Russell: -- to defer CA.9, City of Miami settlement with Miami Marlins. Any further discussion on the dias? Being none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? What date is it, please? Commissioner Carollo: It's the 10th today. Vice Chair Russell: No. Thank you. I do get lost every once in a while. What date would you like to defer it to, January 14? Commissioner Carollo: We could defer to the end of January. Vice Chair Russell: The second meeting in January, please. Commissioner Carollo: The second meeting. Todd B. Hannon (City Clerk): January 28. Commissioner Carollo: Yes. Give us enough time because -- Commissioner Reyes: Yes. And more information on it. Commissioner Carollo: -- frankly, we're all going to be very busy passing out the vouchers, food, and everything. Commissioner Reyes: Exactly. Commissioner Carollo: In fact, the quicker we get done today, I could jump in there because we're putting together a lot of fbod bags. Vice Chair Russell: Got it. Motion and a second to defer CA.9 to January 20 -- Mr. Hannon: January, 28, sir. Commissioner Carollo: 28th. Vice Chair Russell: 28th, thank you very much. All in favor, say "aye." City of Miami Page 34 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on CA.9. CA.10 RESOLUTION 8274 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY OF MIAMI ("CITY") TO FILE AN AMICUS CURIAE BRIEF ON REHEARING IN THE MATTER OF ROBERT W. OTTO, ET AL. V. CITY OF BOCA RATON, FLORIDA, AT AL., CASE NO. 19-10604, PENDING BEFORE THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT IF THE DEFENDANT MUNICIPALITIES SEEK REHEARING; FURTHER AUTHORIZING THE CITY TO FILE AN AMICUS BRIEF IN SUBSEQUENT PROCEEDINGS BEFORE THE SUPREME COURT OF THE UNITED STATES, IF ANY. ENACTMENT NUMBER: R-20-0403 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.IO, please see Item Number CA.1 and "Public Comments for all ltem (s). " CA.11 RESOLUTION - Item Pulled from Consent 8297 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR FOR THE PRIVATE PROPERTY LOCATED AT 1368 NORTH MIAMI AVENUE, MIAMI, FLORIDA PURSUANT TO SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," TO ALLOW EVENTS RELATED TO FOOD, ART, AND ENTERTAINMENT FROM DECEMBER 14, 2020 TO DECEMBER 14, 2021 WITH EACH EVENT ENDING BY 12:00 AM. ENACTMENT NUMBER: R-20-0407 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: Commissioner, you wanted to talk about CA.11? Commissioner Carollo: I do, Commissioner. And I want to be -- and please, believe me in this, I want to be very respectful of anything you put forward and helping and working with you and being in the same side. I'm -- I have concerns on this, on the impact that it might have citywide with C -- you know, CUs (Certificates of Use) and so on. And I would imagine this is in your district, right? Vice Chair Russell: Yes. It's also in the Omni CRA (Community Redevelopment Agency). City of Miami Page 35 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: Okay. Well, if it's the Omni CRA, the new ordinance that we passed would not affect this. But what you're asking is in addition to that then, 1 gather, right? Vice Chair Russell: Yes. It's unrelated. Commissioner Carollo: Is there any way that we could put this in the 14th so we could work through the Legal Department, and if need be, we could have a meeting in the Sunshine, you and I, afterwards? If it's possible. And it could wait until the 14th. Vice Chair Russell: I'm happy to discuss it a little bit here to see if there is a timeliness issue that I'm not aware of whether it can wait. I was told they'll be out of compliance, even for any activity, if they don't get this at this point. But regardless of this -- Commissioner Carollo: Yeah. Vice Chair Russell: -- they do have some other compliance issues they need to come into with the Building Department. Commissioner Carollo: Well, that's my concern. Vice Chair Russell: Yes. Commissioner Carollo: And 1 -- you know, 1 don't know anything about these individuals. I just know this, that we have a handful of people throughout the City that have acted like they could do whatever they please. And more than that, they're in the alcohol business. So, I'm concerned that we're not opening up Pandora's box with this, that I have no idea of how many citations they've had or, you know, what problems they've had. And, you know, I want to work with you, but I'm just concerned of opening Pandora 's box and I want Legal to be able to walk me through this and see how we could find a way that, you know, we could get whatever the goal that you might have accomplished without hurting -- Vice Chair Russell: Understood. So, this -- yeah, this is a small mom and pop organization meant to activate an unused lot. It's the Tomorrowland spot that's right across from the CRA offices. And so, they applied for a CRA grant that actually helped them move into that spot. The CRA helped them with the build -out. The temporary event permit and waiver was to allow them to do outdoor operations, but yes, they do have building and permit issues to comply with to make sure -- and so regardless of this item, if they get this item, they'll be able to operate outside. If they still need to work on some building permit issues for their inside, they would not be able to utilize their inside. But they have outdoor space and they have sort of a food truck there, so -- Commissioner Carollo: But food trucks, I think, in Wynwood is different. I can use food trucks, right? Commissioner Watson: All right. So, the through the Chair. Commissioner Carollo: Yeah. Vice Chair Russell: Yes, so you're recognized. Commissioner Watson: Let me just -- it's a small family operation. They have been operating a restaurant in Miami Beach for 30 years. City of Miami Page 36 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: In where? Vice Chair Russell: In Miami Beach. Commissioner Watson: In Miami Beach for 30 years. Commissioner Carollo: Yeah. Commissioner Watson: And they came in and activated a location that had been vacant probably for about 30 years. And not the family, but a component of the family. I think that the wife has been doing the best she can in working with City officials and then they leave. And so, they -- I like to see them -- 1 know them -- be allowed to continue to work through those issues to be in compliance so that they can operate. 1 understand Commissioner Carollo's concern. I agree with him. But they 're just some little guys trying to make a (UNINTELLIGIBLE). Commissioner Carollo: Are they --? Commissioner Watson: They have -- just to point this out because I know that gets -- that term gets thrown around, and I don't know if there's any others, but they were affected also. There's two operations that have a food truck for their kitchen, but they're not a -- it's not a food truck. And one was (UNINTELLIGIBLE) in Wynwood and these guys. So, they use their trailer as their kitchen. You have to order from their people. You can't just go to that trailer. So, they're trying, and they tried to stay open during the pandemic, the whole thing. They've been in compliance. And so, I'm familiar with them as a family and their operation. And I'd like to see us work to make sure that they don't get closed. They've been closed down unnecessarily a lot. So -- Commissioner Carollo: If I could say that -- Madam City Attorney, would it be appropriate if a resolution is made to approve this? Whereas, in the resolution, we will say that if after a year they're not in compliance, we're not bringing this up again? Commissioner Reyes: Place some conditions. Commissioner Carollo: And -- yeah, the conditions. And furthermore, that this is a one-time exception, and we will not be making any more exceptions like this anywhere else in the city. Vice Chair Russell: So, the waiver of the special event is something we do quite regularly if someone needs it. So, that -- but that's not what you're talking about. You're talking about while they have other issues to work through with the Building Department. Commissioner Carollo: True. And the special events, we can -- we waive -- Vice Chair Russell: Yeah. Commissioner Carollo: -- from time to time but not for a whole year. See, what I'm concerned with is the consequence that it would have. I understand these are small people, they're trying to make a living. But then you got some other different characters in different parts of the city, in several of our districts, that they have other intentions and they're not small-time operators. They're scoundrels, and they're looking at every angle -- Unidentified Speaker: Agreed. City of Miami Page 37 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: -- to violate the law and get away with it. And in fact, some have been doing it for years until recently. Vice Chair Russell: If it could give you comfort, I'll recommend an amendment that states that this does not waive their necessity to comply with all of the building code and permitting processes. What this will do is allow them to operate outside in an event type of manner, not as a -- an indoor establishment. And so, it actually -- it addresses your concern without creating an open, you know, free-for-all for anyone. Commissioner Carollo: Yeah. But can we include in there that this is a one-time exception that we're not going to be doing anymore at this wide level. This doesn't include that from time -to -time like when we have events in Wynwood that we've done, we -- Vice Chair Russell: Waived the special event. Commissioner Carollo: -- waived the special event, but not for a whole year straight through. Vice Chair Russell.: Got it. Commissioner Carollo: That's what I'm talking about. Vice Chair Russell: Yes. This has been used as a loophole to keep them -- Commissioner Carollo: Yeah. Vice Chair Russell: -- open as a temporary -- a special event for a long term. You're absolutely, right. Commissioner Reyes: Mr. Chair. Vice Chair Russell: Yes, you're recognized. Commissioner Reyes: Mr. Chair, I think that the question here is -- to the City Attorney -- if by issuing this permit or this exception that would give sufficient grounds to other people to try to do the same in other areas. And the only thing that I would recommend -- and I agree we have to help this people. They are small -- I mean, I'm all for it. But can you place some, I would say, limits or language that anybody that wants to do that must come -- cannot use this, but most come before us, you see, to request this type of exception. Make them in a way that we are not going to preclude because we don't know what's going to happen in the. future, who is going to need it, you know. But just make it in a way that it is us who have to decide that this action cannot be used as a -- I mean, the -- for other -- by other people, you see, saying, well, if you did it here, why don 't you do it here to me? Can -- I don't know if I'm explaining myself, but -- Ms. Mendez: You are, you are. Just remember what this item does. This item just waives the time limit so that they could continue applying for their special event permits. Commissioner Reyes: Okay. Ms. Mendez: So, to the extent that you're not comfortable with a year, you could do three months, you could just six months. You know, it just waives the time limit. That's what it's doing so that they can continue applying for these special permits City of Miami Page 38 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 because you're only allowed two per property per year. Vice Chair Russell: And this doesn't actually give them the temporary permit. This just allows them to apply. They still need -- Commissioner Reyes: To apply, okay. Vice Chair Russell: -- to apply for the temporary -- Commissioner Reyes: That's it. Ms. Mendez: So, it can be a shorter amount of time. It can be four months. It can be five months, whatever you're comfortable with. Commissioner Reyes: Well, I do believe and I agree with Commissioner Watson we should help, you see, these small operators that been there for a while and also help them try to clear all the problems that they have with the City of Miami, you see. We should support them, which we got to support all small operators. Commissioner Carollo: If I can, Mr. Chairman, ask you, do they serve alcohol there? Vice Chair Russell: They do. Commissioner Carollo: Okay, beer and wine or full alcohol? Vice Chair Russell: I believe they have a full alcohol. Commissioner Carollo: Okay. So, the -- again, if we stay within the year, you know, I have no -- Vice Chair Russell: Thank you. Commissioner Carollo: -- problem with that, but I would like to include something that would not make this into a Pandora's box. That this will be limit to the -- this is right next to Wynwood or is it --? Commissioner Diaz de la Portilla: It's across the street from the CRA office. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: It's on North Miami Avenue and 14th Street. Commissioner Carollo: All right. This will be limited to this location only, one time, and we're not going to be bringing this up again for anybody else that conies. And include in here that this is being done because this is small -- can we say mom and pop business? Commissioner Diaz de la Portilla: Husband and wife. Commissioner Carollo: Yeah. But 1 think if we do it in such a way that it's approved for that reason the hardship of a mom and pop business, not a huge establishment that knows better, and make it clear, you know, this is being done for this and only this, we should be safe, and I hope everybody will be happy. Vice Chair Russell: Thank you. Is that a motion on CA.11? Ms. Mendez: I just need to -- City of Miami Page 39 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: I have a question -- Ms. Mendez: Yeah. Commissioner Diaz de la Portilla: -- for clarification, Mr. Chair. It's your item. Vice Chair Russell: You're recognized. Commissioner Diaz de la Portilla: It's your district, but it's also the Omni CRA. And obviously, one of the things that we try to do -- we're trying to do at the Omni CRA and your district is revitalize that community in that -- in those neighborhoods. So, I don 't think that we should deal with these issues as, you know, one brush for everyone, the entire city. I think there are -- you 're correct -- scoundrels and people that do bad actions, but there are also a lot of mom and pops that are trying to survive and truing to create businesses and revitalize the economy in these particular distressed areas. So, I agree with you, what you're saying, Commissioner Carollo, but the one-time exception for this particular business, I don't necessarily agree because they may still need it next year. Commissioner Carollo: Well, then let's look at it next year. Commissioner Diaz de la Portilla: Right. Commissioner Carollo: You get it for the year, and you know, we have a resolution that we could change if need be. But, in the meantime, you have certain protection. Madam City Attorney. Ms. Mendez: Commissioner, I just wanted to point out that this provision of waivers it's allowed pursuant to the City Code. So, even -- we really can 't -- when these come up, you have to take them up on a case -by -case basis based on what's happening. Commissioner Carollo: But -- Ms. Mendez: I don't want to mislead you that we're limiting it to this. It's pursuant to the Code that you -- Commissioner Carollo: Yeah, but within the Code, it's solely been usually for small times, you know, for a few days for special events and so on. Ms. Mendez: Correct. That's why you could limit the amount of time. I just wanted to clarify. Commissioner Carollo: But the problem is, in this case, we know where the situation is. That's why we didn't want to go that route, as I understand, from what Commissioner Watson has stated and the Chair, Commissioner Russell. So, by giving something so long, I wanted to give certain protection. And maybe we could then put that it is the intent of the Commission to keep this to small mom and pop businesses. Would that work? And what I don 't want to see -- look, Miami Beach -- and we're all reading what's happening. They're getting rid of all these clubs. They've had enough of them. And I don't want similar neighborhoods to get full of discotheques and clubs and the only monies they bring is to themselves, none of the other business getting a piece of it because this is all late at night. And if they're near residential areas or within residential areas, then it becomes a pure hell for the residents, and no one protects them. So, what I'm trying to do is put some protection for our residents. City of Miami Page 40 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Mom and pops, 1 understand it's a different situation, but I'm afraid of what's happened, that we have to put some safeguards in some of our neighborhoods, so we don't end up, you know, being party land because we have good areas, but with property values that are still readily cheap. So, all these discotheques, night clubs, they start coming in some of our areas and in residential areas, it changes it all. This area here I don 't believe is residential at all, is it? (COMMENTS MADE OFF THE RECORD) Commissioner Carollo: Okay. So, this is another difference that 1 think we should include in the resolution that this is also a non-residential area. And so that's what I'm trying to protect. Vice Chair Russell: 1 understand that. 1-- Commissioner is looking for wording that doesn't make this a blanket resolution that could apply to everywhere. But that there is a justification for his support of this that wouldn 't be construed as a conflict of other things that you're working on because the Code is obviously very, important to you and that we follow it. Once they get all of their final permitting, they won't need the temporary event system anymore, will they? Because they 'll just simply be a fully established establishment. Am I correct? Okay. Zoning Director is nodding, so I'll take that as a yes from the Zoning Administration. But I -- I'm very comfortable with this knowing the operation that they have going on there, what they 're doing and providing for the community and trying to activate. Now we have just a couple who are bringing in new businesses and jobs on the street and it is hard to get them fully compliant. So, it's up to us within the department, within the CRA Administration to help guide them, you know, to get the right permitting and everything and these temporary event type of activations is sort of almost like a pilot to see if this -- it's an incubator for this business. Does it work in this community before they go full on into all the applications and impact fees of becoming a full establishment? Is the neighborhood ready for them and are they ready for this spot? And when the shoe fits, we can pull the trigger and really help them. But I do appreciate the support for what the Omni is trying to do to bring businesses in. They wrote 15 small business grants in the last year and that's really helped bring new jobs. So, I look forward -- I didn't realize they had these compliance issues and Ilook forward to helping them try to navigate that. So, I don't know if the wording that you've requested would actually cause any issues with this resolution. And if in a year they're still having problems, I think we -- then we have a problem. If they're not able to get the types of permits they need to open a small establishment within a year, there's something we need to address about our process. Commissioner Watson: Well -- Vice Chair Russell: So -- Commissioner Watson: -- through the Chair. Vice Chair Russell. Yes. Commissioner Watson: It is. I have someone from my district that's been trying to open up a prefab national chain franchise. They've been trying to do it for three years. I'm going to defer to Commissioner Carollo's efforts. Commissioner Carollo: Commissioner, can you speak straight here? I'm having a hard time hearing you. Commissioner Watson: I don't know if you can hear me. Can you hear me now? City of Miami Page 41 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: Yes. Commissioner Watson: We do have a problem that we have to work on, all of us. 1 have a prefab national chain that's been trying to open up in my district for three years. Okay, so we do have a problem. So, to the extent we can help out smaller folks through these issues, then it will behoove us to try to do that. And yes, Madam City Attorney will ensure that what the Commissioner is trying to address can be addressed. Commissioner Carollo: Thank you. And I do agree with you that there is a problem and it's big. Vice Chair Russell: All right. Ms. Mendez: Well, well draft the -- we'll add to the resolution that because there are no residents in the area because of the type of business, because -- Commissioner Carollo: Mom and pop. Ms. Mendez: -- all these issues as to why it was extended -- Vice Chair Russell: In the whereas. Ms. Mendez: -- up to a year or a year. Vice Chair Russell: Commissioner Diaz de la Portilla, are you comfortable with that amendment? Commissioner Diaz de la Portilla: Well, it depends how you define the area, right? There are condominiums there for rent that have been -- that has come up on the past four or five years. So, there are residents there, but not residential housing. Commissioner Carollo: Yeah, yeah. It doesn't meet the -- Commissioner Diaz de la Portilla: Right, the (UNINTELLIGIBLE) residential zoning, not -- Ms. Mendez.: Right, affected. Commissioner Carollo: Yeah. It -- Ms. Mendez: That are complaining about the -- Commissioner Diaz de la Portilla: Correct. Commissioner Carollo: And you don't have T5s or less there. Commissioner Diaz de la Portilla: Right. Correct, correct. Right, so not residents, a different word, yeah. Vice Chair Russell: We good? Commissioner Reyes: Okay. Let's move it. Vice Chair Russell: All right. We have a -- we do have a motion and a second on this. City of Miami Page 42 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Todd B. Hannon (City Clerk): I didn't capture that. Commissioner Diaz de la Portilla: Let me ask -- actually -- Vice Chair Russell: Oh, we had a motion, but we did not get to a second before discussion. Commissioner Diaz de la Portilla: I just thought of a question. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: What happens if a national chain or a big company, big entity, comes and wants to invest in the Omni CRA and wants to build something and wants to use one of these permits, so it doesn't fall under the mom- and-pop definition. A legitimate player from outside comes and wants to invest here. Would this preclude them from using this method available to only mom and pops now? Ms. Mendez: Okay. And that's what I was trying to explain. This is a provision that's pursuant to our City Code. Commissioner Diaz de la Portilla: Correct. Ms. Mendez: What the Commissioner wants to put in this resolution, so that it 's not inconsistent with the other positions that he's taken in the past about protecting the residents, he wants to make sure that the reason why something like this is this long, right, in time, is because in this particular situation, it is a small mom-and-pop company. They are -- there isn't -- hasn't been any residents that are affected by the noise or the establishment, those type of things as to why he is voting for this item. But if somebody comes in, pursuant to our City Code, they have the ability to have special events for a longer period of time, you know, the -- waive the time restrictions, but they have to come to you and then you will look at the item and say whether or not you want to vote on that item. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: So, who was the mover on the original, to remind me? Commissioner Reyes. All right. Is there a second to the item? Commissioner Watson: Second. Vice Chair Russell: Thank you. And the amendments have been captured. Is there any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? That's CA.11, as amended, passed. Thank you very much. Mr. Hannon: Mr. Chair, I'm sorry. Madam City Attorney, you're good to go with the amendments? Okay. City of Miami Page 43 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 CA.12 8276 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED ON OCTOBER 19, 2020 PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 1243393 FROM VARIOUS PRE -QUALIFIED FIRMS LISTED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR THE PROVISION OF STATE LOBBYING SERVICES, ON AN AS -NEEDED BASIS, FOR THE OFFICE OF THE CITY MANAGER FOR AN INITIAL PERIOD OF FIVE (5) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. This matter was on the Consent Agenda. MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson City of Miami Page 44 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 CA.12 8276 City Manager's Office RESOLUTION - Item Pulled from Consent A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED ON OCTOBER 19, 2020 PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 1243393 FROM VARIOUS PRE -QUALIFIED FIRMS LISTED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR THE PROVISION OF STATE LOBBYING SERVICES, ON AN AS -NEEDED BASIS, FOR THE OFFICE OF THE CITY MANAGER FOR AN INITIAL PERIOD OF FIVE (5) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson City of Miami Page 45 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 CA.12 8276 City Manager's Office RESOLUTION - Item Pulled from Consent A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED ON OCTOBER 19, 2020 PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 1243393 FROM VARIOUS PRE -QUALIFIED FIRMS LISTED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR THE PROVISION OF STATE LOBBYING SERVICES, ON AN AS -NEEDED BASIS, FOR THE OFFICE OF THE CITY MANAGER FOR AN INITIAL PERIOD OF FIVE (5) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item CA.12 was continued to the January 14, 2021, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number CA.12, please see Item Number CA.1 and "Order of the Day." Vice Chair Russell: Commissioner Carollo had a question on CA.12. We actually did already pass CA.12. Did you get clarification from the Clerk? Commissioner Carollo: Yes. If I could bring CA.12 hack because -- Vice Chair Russell: This is the State lobbying pool. There's a motion for reconsideration. Commissioner Carollo: It's a motion for reconsideration. Commissioner Diaz de la Portilla: I'll second that motion. Vice Chair Russell: Seconded by Commissioner Diaz de la Portilla. All in favor, say City of Miami Page 46 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. CA.12, Commissioner Carollo, would you like to discuss? Your microphone. Commissioner Watson: Can 't hear you, Commissioner. Commissioner Carollo: Thank you. Eleven firms is a huge amount offirms to have. I never ever in the history of the City have had a pool of 11 firms. Now, Mr. Assistant City Managers, how much were we paying for lobbyists before and what was approved for lobbyists in the fiscal year budget that we had approved? Fernando Casamayor (Chief Financial Officer/Assistant City Manager): The current fiscal year budget 2021, I believe we have $500,000 allocated for lobbying services. Commissioner Carollo: But is this on this motion or was that from before that it was allocated because -- Mr. Casamayor: That's what was budgeted in the 2021 budget. Commissioner Carollo: What was budgeted before? The year before? Mr. Casamayor: Give me a moment to verify with Mr. Michel. Vice Chair Russell: But perhaps to address his concern, none of these are being retained, if I'm correct, and there is no upfront costs. They will be used as needed for their specialty in your opinion, correct? Commissioner Carollo: Yeah, but here's the problem that we're running into. We're giving to a manager the rights that we have to choose firms, and no City Commission should give those rights up. At the same time, I'm trying to establish how we came about with the half mill because the previous year, if I remember correctly, we weren't up to that much. Mr. Casamayor: I believe you're correct. But again, allow me to verify to see what the number was for the previous fiscal year, sir. Commissioner Carollo: Please do. What I think is a much more correct way of doing it -- and frankly, it's the way that in most governmental local bodies it's done. Commissioners bring up different lobbying firms and it's the Commission that decides from the pool what to pick. No one ever came to me to discuss any of these firms. How do I know how this manager or future manager is going to do this? The five- year contract, two 2-year extensions so, in essence, it could be a nine-year contract. Since I've been around, I've never seen a five-year contract be given so a manager can pick and choose as the likes, certainly not from such a huge pool of individuals to pick from. Commissioner Diaz de la Portilla: Mr. Chair. Vice Chair Russell: You're recognized. Commissioner Diaz de la Portilla: My understanding is that this is not picking anyone. My understanding is this is simply -- these are all the people that applied, that responded to the RFP. All 11 firms that responded to the RFP were qualified from 1 to 11. The Manager is supposed to come back to us with the three or four that City of Miami Page 47 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 he recommends in the next Commission meeting. Now, just -- all we're doing today, my understanding, as the Manager explained to me was that we're simply saying they're all qualified, they're all still in the mix, but we'll come back to the Commission to decide which of the three or four firms are picked. Commissioner Carollo: Yeah, but -- Commissioner Diaz de la Portilla: And my understanding is that if we don't agree, we're going to have our input into that, right. We're going to say, well, we don't -- because they're all in the mix, right? So, they're all eligible for us to come to them and say we'll pick -- Manager, we don't agree with the third one or the fourth one, we want to pick this one, as long as we keep them all in the mix. And the reason I think why 1 didn't want to defer it -- but I don't care if we do -- is because we have Commission meetings in Tallahassee -- committee meetings in Tallahassee on January llth. Commissioner Carollo: Well, we got people right now that we could just extend. Commissioner Diaz de la Portilla: No, their contracts have run out, so we have no one -- Commissioner Carollo: We could extend their contracts. Commissioner Diaz de la Portilla: We can, we can. Yeah, there's no problem with that. We can do that too. Commissioner Carollo: (UNINTELLIGIBLE) frankly, I can't tell you how many times in the past in this Commission even while I was manager in Doral, the same thing would happen. That was always what would happen. Oh, we can't because we're in session. And this is one right this Commission that we should not -- Commissioner Diaz de la Portilla: No, I agree with you. Commissioner Carollo: -- give up. And what I will suggest is let the Manager suggest to us -- Commissioner Diaz de la Portilla: Agreed. Commissioner Carollo: -- whoever he would like, but we will put up each of us a name. They might be the ones the Manager chooses from; they might not be. And then we sit back, we'll discuss it. They can make their presentation to us and we'll choose how many firms we should need. Commissioner Diaz de la Portilla: Right. Commissioner Carollo: And the question here is are we looking -- for half a million dollars, we should have so much money that we could have lobbyists in Washington too, not just Tallahassee. My question is, do we need that much money, and are we going to get our money's worth out of it? And that's what I want to make sure of Vice Chair Russell: I -- before I recognize -- I just want to make a -- Commissioner Diaz de la Portilla: Just a quick point to that because it's exactly to his point. The idea why we would qualify all of them is precisely for that reason, that when he come -- when the Manager comes back in the next Commission meeting with Ain, names, we can say, each one of us, wait a minute, there's another qualified respondent here that we want better than this one. We can go back and forth with City of Miami Page 48 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 him. If we only qualify -- if we wait for him to come with four, this is what we -- we're only -- the debate then is about those four. That's the reason why it's being done today. The idea was that what 1-- the conversation 1 had with him -- because this is -- kind of I had some input into this obviously because I know Tallahassee and I know how ineffective the City of Miami has been in Tallahassee for so many years, including last year, which I think we got like half -a -million dollars is that we need a strong -- Commissioner Carollo: Well, the Colonel was doing the lobbying for -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Vice Chair Russell: I need to stop for just a second to get legal clarification because 1 read CA.12 completely different than the way you're explaining it. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: And in my briefing, there was no coming back to us. So, the way I read CA.12 -- and if the City Attorney could help clam -- II responded to the RFQ and there was a review team appointed by the City Manager. Section 2, the proposals received from various pre -qualified firms on an as -needed basis for the Office of the City Manager for an initial period of five years with an option to renew for two additional years are accepted. So, that -- we're basically giving all 11 -- Commissioner Watson: Right. Vice Chair Russell: -- a contract to work with us -- Commissioner Reyes: Yeah. Vice Chair Russell: -- from here forward on an as -needed basis by the City Manager. I don 't see anywhere in here where anyone 's coming back to us for further selection. Commissioner Carollo: With half a million dollars, you could sure go that route. Commissioner Watson: And it's what Commissioner Carollo said, that he would be picking from this 11. That's what I was told. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: My understanding wasn't -- Commissioner Carollo: We don't need that many people. Vice Chair Russell: We have our procurement director who 's here to clarify for us exactly how this process (UNINTELLIGIBLE) -- Annie Perez: Good afternoon, Commissioners. Annie Perez, Procurement Director. Just a point of clarification, we do have language in the solicitation that inclusion in the pool doesn't mean that they're going to get work. Vice Chair Russell: Right. Commissioner Diaz de la Portilla: Correct. Ms. Perez: So, basically, this is just establishing a pool of qualified vendors. And then we can always add to the pool more vendors if we like. It's an open pool, but it City of Miami Page 49 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 doesn't mean that they're all going to get work. Vice Chair Russell: So, the question -- Ms. Perez: It's not guaranteed. Vice Chair Russell: -- but the question to clarify, between these two points of view on this item, who makes the decision of which firm is actually hired for what item is needed to be lobbied? Ms. Perez: So, if we look at the work order assignment process, it does say the City reserves the right through the City Manager designee to assign work on individual projects to any pre -qualified firm as may be deemed in the City's sole best interest. Commissioner Carollo: Not us. Vice Chair Russell: So, the Commissioner -- Commissioner Carollo is right that in this vote, we now abdicate the decision -making ability to the Manager -- Commissioner Carollo: That's right. Vice Chair Russell: -- for the actual selection of the (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Which is not what 1 want to do. What I want to do -- then 1 stand corrected. What I want to do is I want him to come --1 just thought it just gave him the ability to pick between these 11 firms. Commissioner Carollo: Well -- Commissioner Diaz de la Portilla: If he comes back to us with four that he recommends and we, the City Commission (UNINTELLIGIBLE) -- Commissioner Carollo: I -- I'd like to do the following. Commissioner Reyes: Hold on a second. Vice Chair Russell: I just want to recognize Commissioner Reyes because he 's always -- Commissioner Carollo: Sure, absolutely. Commissioner Reyes: They have a lot of (UNINTELLIGIBLE), don't they? No, what I want to know is -- because what I understood right now is that these people are going to be in a pool and they are going to be picked according to the project or they -- we are going to pick a lobbying team that is going to be representing us in Tallahassee or in the state -- federal level for all the projects that we have because this is going to be -- okay, please, I mean, educate me. If we have 11 people and we have 11 projects, can we -- can the City Manager pick 11 different teams? Commissioner Carollo: If he wanted to, he could. Ms. Perez: If he wanted to -- Commissioner Reyes: I am totally against that. Ms. Perez: -- or he could say, out of the 11, 5 can handle all the -- City of Miami Page 50 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Vice Chair Russell: Shall we defer the item? Commissioner Carollo: 1 would like to defer this item, and if need be, for representation up in Tallahassee -- in fact, if you look at it, you know, we're still in December. But if we need representation, we could keep the people in place until we decide differently, the ones that we have. And this could be deferred for a later time in January or early February. And you know, the -- I would suggest the Manager sits with each of us and discusses it personally. I'm sure he'll be back in good shape and spirits, you know, shortly. But you know, we're in the holiday season so I'm sure that Commissioner Reyes: I would like also to include that those people that are picked they will be evaluated each year according to their success and what they have done. Commissioner Carollo: Sure. Commissioner Reyes: There should have to be some sort of measure if they're effective or if they're not -- Commissioner Carollo: Yeah. Commissioner Reyes: -- you see. Commissioner Carollo: The other thing that I would like from the administration is if they could send each of us how much money has been spent in lobbying in the last three years. Tallahassee and if we paid for any up in DC. Vice Chair Russell: Well, that's the one I wanted to bring up because this -- Commissioner Carollo: Yeah. Vice Chair Russell: I wouldn't call it a thorough process, but this is a big process aimed at state lobbying and I'm not seeing anything at the federal, and we really need help -- Commissioner Carollo: Yeah. Vice Chair Russell: -- in the federal situation. So, whatever process we come back with for selection and activation at the state level, I'd like to see that mirrored on the federal level as poss -- as well. Commissioner Reyes: Okay. Commissioner Carollo: Well -- Vice Chair Russell: I know you 're already working on it. Thank you. Commissioner Carollo: But let me let me say this, Chair. We might need to look at some different people for DC because you might be real good in Tallahassee, but that doesn't mean you're going to be effective in Washington. Commissioner Diaz de la Portilla: That's correct. Commissioner Carollo: So -- Commissioner Watson: And I just want to say right quick, Mr. Chair, to Commissioner Diaz de la Portilla's point, we should have a time certain because City of Miami Page 51 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 clearly, in a lot of instances, these folks need to be on the ground because committee's January 11 th, so we shouldn't disadvantage the people we're trying to pick. So, what Commissioner Carollo wants, we should get that as quickly as possible so that in our first meeting we can have a decision and then get going, okay? Ms. Perez: If can just -- ifI may. Vice Chair Russell: You're recognized. Ms. Perez: In the County, we -- they had two pools, separate, state lobbying and federal lobbying. Commissioner Reyes: Yeah. Commissioner Carollo: Yeah, that's -- Ms. Perez: If that's worth anything. Commissioner Carollo: -- it's always been -- Commissioner Watson: And why didn't we do that already? Ms. Perez: We were just asked for state lobbying for the moment. Commissioner Carollo: Yeah, and frankly -- Vice Chair Russell: I've been talking about national lobbying for a long time. Commissioner Carollo: Frankly, to me, that's a pretty hefty amount, half a mill just for state lobbying. Commissioner Reyes: Yep. Commissioner Carollo: It's heavy. So, please send me the amounts we were spending because I don't remember that much. Mr. Casamayor: Sir, yes, sir. We'll give you the last three years' actuals for lobbying. If we can break it out to federal and state as well, we'll do so. Commissioner Carollo: Well -- no, you could break it up if you want to -- Mr. Casamayor: Yeah, and -- Commissioner Carollo: -- for federal and state because they're two different animals. Mr. Casamayor: -- and last year's budget amount for lobbying was $125,000. Commissioner Carollo: That's what I remember. That's what we had last year. So, we had a big jump, $375,000. Vice Chair Russell: When would you like to defer this to? Commissioner Carollo: Well, what do you all suggest? Vice Chair Russell: How much time do you need, Mr. Casamayor, to bring us a process to --? City of Miami Page 52 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: December is really shot. I mean, we're all working hard and getting stuff out, so -- Mr. Casamayor: If there's no significant change to the item, just a material -- no material change to the item, we could probably get back to you on the 14th if you'd like, but if you want to be safe, the 28th. The thing is I don 't know, you know, how quickly we will need a team on the ground in Tallahassee to, you know, begin lobbying for the City. Vice Chair Russell: Well, let's try to take it up on January 14th, but 1 think what you're hearing is for there to be a change to the process. Commissioner Carollo: Yeah, I defer to the Chair that -- but the Manager needs to sit with each of. us and discuss it. Again, Fernando, the $500, 000, was this in the last budget that we approved? Mr. Casamayor: Yes, sir. The $500, 000 is the 2021 budgeted number that was approved by this Commission in September. Commissioner Carollo: Okay. Well, that's the problem that you have when you don 't have line item budgets. And, okay, maybe that was lost somewhere in one of Chris 's pockets. Okay. Vice Chair Russell: There's a motion to defer. Is there a second? Commissioner Diaz de la Portilla: I second that. Vice Chair Russell: Seconded. Any further discussion? Commissioner Reyes: No. Vice Chair Russell: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Commissioner Carollo: Thankyou. Vice Chair Russell: Motion passes. The Commission -- Ms. Perez: Thankyou and happy holidays. Vice Chair Russell: Thank you. The -- Commissioner Reyes: Happy holidays. Vice Chair Russell: I was about to say the Commission giveth, the Commission taketh away. You made about a dozen lobbyists really happy an hour ago, and you made about a dozen lobbyists upset just now. Commissioner Reyes: Commission giveth, Commission taketh. Commissioner Carollo: Ho, ho, ho. Vice Chair Russell: Thank you. So, we only have the budget item left, as well as the curfew issue left. So, can we -- City of Miami Page 53 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Mr. Casamayor: 1 can give you the hud -- Vice Chair Russell: Who am I missing? Mr. -- Todd B. Hannon (City Clerk): And the Mayor's pocket items and your pocket item. Vice Chair Russell: I thought we passed all those in batch. Commissioner Diaz de la Portilla: We passed that already. Mr. Hannon: Oh, you know what, I'm sorry. Yes, yes. Commissioner Carollo: I have one that was left. Vice Chair Russell: Yes, we have -- all we have is Commissioner Carollo's pocket item left. Can I get the budget discussion? Mr. Hannon: Chair -- I'm sorry, Chair. I do apologize for interrupting. No, the reason why we didn't vote on yours, Commissioner Carollo's, and the Mayor's is because Commissioner Watson's was an emergency ordinance, so we pulled that out. Commissioner Diaz de la Portilla: That's not what happened. That's all of them. Vice Chair Russell: I apologize. Let me just clarify. We actually batched his first reading with all the others and then we took the second reading separately. Can that be captured that way, or do you need another vote? Mr. Hannon: I would prefer, for the record, for the emergency ordinance just to have been voted on by itself and then we can batch the other resolutions because that was an emergency ordinance. I prefer to have the vote for specifically for that item and then we can batch the other remaining pocket items with one vote. Vice Chair Russell: So, then let's -- then we'd have to reconsider all of PZ.2 -- Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: -- and PI.2 -- sorry, P13, 4, 5 and 6, we would need to reconsider. Mr. Hannon: Because again, it's -- Vice Chair Russell: The -- Mr. Hannon: You're -- on the second vote for the emergency ordinance is when you included the other pocket items? Vice Chair Russell: No. Commissioner Diaz de la Portilla: No, the other way around. Vice Chair Russell: The other way around. So, we batched PL3, 4, 5 and 6 on a single vote, which included the first reading of the ordinance. And then we took up the second -- we were all clear on what we intended to do. But if you'd prefer it a different way from a procedural perspective, we can reconsider it. It's not a problem. Mr. Hannon: We'11 go with what you went with. City of Miami Page 54 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Diaz de la Portilla: 1 think it's fine. Mr. Hannon: I understand. Vice Chair Russell: So, it all got approved first and second reading. Emergency was very well captured that this is a special, special reason for this in the whereas clauses. I apologize I wasn't more clear with what we were doing, but the intention of the body was to pass -- to batch all of them -- Mr. Hannon: In the future though, if you wouldn't mind, emergency ordinances stand alone. Vice Chair Russell: Emergency ordinance stand alone. Mr. Hannon: Yes. Vice Chair Russell: You 've got my word. CA.13 RESOLUTION 8111 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING GRANT FUNDS FROM THE MIAMI-DADE COUNTY ("COUNTY") BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $3,000,000.00 ("GRANT") FOR THE RENOVATE MIAMI MARINE STADIUM RECONSTRUCTION PROJECT, OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B30688 AND MIAMI-DADE COUNTY PROJECT NUMBER 293-76635 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AN INTERLOCAL AGREEMENT WITH THE COUNTY FOR THE GRANT FOR THE PROJECT ("AGREEMENT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE, IMPLEMENTATION OF, AND COMPLIANCE WITH THE AGREEMENT. ENACTMENT NUMBER: R-20-0405 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.13, please see Item Number CA.1. City of Miami Page 55 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 CA.14 RESOLUTION 8110 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FUNDS FROM THE MIAMI-DADE COUNTY ("COUNTY") BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BONDS PROGRAM IN AN AMOUNT NOT TO EXCEED SEVEN MILLION, SIX HUNDRED TWENTY THOUSAND, TWO HUNDRED SEVENTY-ONE DOLLARS ($7,620,271.00) ("BBC GOB PROGRAM FUNDS") FOR CITYWIDE DRAINAGE IMPROVEMENTS (COUNTY PROJECT NO. 304- 77209) AND THE CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROJECTS IDENTIFIED IN EXHIBIT "1" ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE COUNTY FOR THE BBC GOB PROGRAM FUNDS FOR THE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE, IMPLEMENTATION OF, AND COMPLIANCE WITH THE INTERLOCAL AGREEMENT. ENACTMENT NUMBER: R-20-0406 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.14, please see Item Number CA.1. END OF CONSENT AGENDA City of Miami Page 56 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 PH.1 8096 Department of Police PH - PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "A", WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES FOR THE PURCHASE OF TWENTY FIVE (25) MOTOR ONE WIRELESS MOTORCYCLE HELMET COMMUNICATION KITS ("KITS") FROM PVP COMMUNICATIONS, INC. ("PVP") FOR THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF POLICE ("POLICE") IN THE AMOUNT OF FORTY NINE THOUSAND NINE HUNDRED SEVENTY FIVE DOLLARS ($49,975.00); ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM POLICE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item PH.1 was continued to the January 14, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.1, please see "Order of the Day." City of Miami Page 57 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 PH.2 8275 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMERGENCY ACCESS EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO HARVEY SEEDS POST NO. 29 AMERICAN LEGION, A FLORIDA NOT FOR PROFIT CORPORATION ("AMERICAN LEGION"), FOR A NON-EXCLUSIVE EASEMENT OF APPROXIMATELY FIVE THOUSAND ONE HUNDRED SEVENTY (5,170) SQUARE FEET OF CITY OF MIAMI ("CITY") OWNED PROPERTY KNOWN AS LEGION MEMORIAL PARK, IDENTIFIED AS A PORTION OF FOLIO NUMBER 01-3218- 000-0030, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE EASEMENT, FOR EGRESS OF PERSONS, SOLELY IN THE EVENT OF AN EMERGENCY, TO COMPLY WITH THE NATIONAL FIRE PROTECTION ASSOCIATION, LIFE SAFETY CODE, AND FLORIDA FIRE PREVENTION CODE ("FIRE CODES"), IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT; FURTHER PROVIDING THAT SAID EASEMENT MAY BE RELEASED, RELOCATED, OR AMENDED BY THE CITY, AT AMERICAN LEGION'S SOLE EXPENSE, PROVIDED THAT THE EASEMENT IS NO LONGER NEEDED AS DETERMINED BY THE CITY PURSUANT TO THE FIRE CODES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO THE EASEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID EASEMENT. ENACTMENT NUMBER: R-20-0408 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Vice Chair Russell: All right. We're moving to the public hearing agenda. We've had some of these items deferred. There's only -- so there's only one item, and then we have the RE (Resolution) agenda, with one item that's been withdrawn. Can I get a motion to pass the PH (Public Hearing) -- the remaining PH and RE items, which would be PH.2, RE.1, and RE.3? Commissioner Watson: So move. Vice Chair Russell: Moved by Commissioner Watson -- Commissioner Reyes: Second. Commissioner Diaz de la Portilla: Whoa, whoa, whoa. Hold on, hold on, hold on. RE.1 is the adopted budget. Vice Chair Russell: Yes. Commissioner Carollo: RE.2 is -- City of Miami Page 58 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Diaz de la Portilla: Okay. So, 1 want to talk about that. Commissioner Carollo: Well -- Vice Chair Russell: Okay. So, let us just do -- Commissioner Diaz de la Portilla: Yeah. Vice Chair Russell: -- PH.2 at this point. Is there a motion to move PH.2? Commissioner Watson: So move. Commissioner Carollo: RE.1 is the new adopted budget? Vice Chair Russell: Correct. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: So, we'll wait on that for a second. Commissioner Diaz de la Portilla: Yeah, that's going to require conversations. Vice Chair Russell: Okay. Commissioner Carollo: That will. That's got to be pulled. Commissioner Watson: So, we're only doing now PH.2, the item? Vice Chair Russell: PK2, and then we'11 take up RE.1 and RE.3 separately, independently. Commissioner Carollo: Okay. Vice Chair Russell: So, is there motion on PH.2? Commissioner Watson: So move. Vice Chair Russell: So moved by -- Commissioner Diaz de la Portilla: Second. Vice Chair Russell: -- moved by Commissioner Watson, seconded by Commissioner Diaz de la Portilla. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on PH.2. END OF PUBLIC HEARINGS City of Miami Page 59 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 RE - RESOLUTIONS RE.1 RESOLUTION 8307 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), (A) AMENDING APPROPRIATIONS AND MAKING DE -APPROPRIATIONS AND RE -APPROPRIATIONS RELATING TO THE GENERAL FUND FOR THE 2020-21 FISCAL YEAR ADOPTED OPERATING PURSUANT TO ORDINANCE NO. 13926, ADOPTED SEPTEMBER 24, 2020, AND (B) AMENDING THE FISCAL YEAR 2020-2021 MULTI -YEAR CAPITAL PLAN AS ADOPTED SEPTEMBER 24, 2020 PURSUANT TO RESOLUTION R-20-0307, ALL AS SET FORTH IN THE CITY MANAGER'S MEMORANDUM DATED DECEMBER 1, 2020 AND ATTACHMENT A HERETO ALL ATTACHED AND INCORPORATED (COLLECTIVELY, "COMPOSITE ATTACHMENT A"); AUTHORIZING THE CITY MANAGER TO IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE FISCAL YEAR 2020-2021 OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN REGARDING CITY SERVICES AND RESOURCES AS NECESSARY AND LEGALLY ALLOWED TO ASSIST THE PUBLIC DURING THE COVID-19 PANDEMIC AND OTHER EMERGENCIES; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS AND FOR NECESSARY RELATED DOCUMENT NEGOTIATIONS AND EXECUTIONS; IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND PROVIDING FOR APPLICABLE EFFECTIVE DATES. ENACTMENT NUMBER: R-20-0409 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: Let's take up RE.1, please, the 2020-2021 adopted budget. Commissioner Diaz de la Portilla: Well, what -- ill may. Vice Chair Russell: Is there --? Let me just start with is there a motion, or we just want to start with discussion? Commissioner Carollo: Oh, discussion. Vice Chair Russell: All right. City of Miami Page 60 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: Discussion. Vice Chair Russell: You're recognized, Commissioner Diaz de la Portilla -- Commissioner Carollo: Frankly -- Vice Chair Russell: -- then Commissioner -- Commissioner Carollo: -- I'm not sure if I'm ready to vote for this because, you know, I've never seen this done before this way. So, Commissioner, go ahead and start and -- Commissioner Diaz de la Portilla: Yeah. I had -- and I agree with you, Commissioner. I had some concerns, serious concerns yesterday during the briefing because I -- we weren't -- during the briefing we weren't given, you know, Mr. Casamayor, a specific line item of everything that you 're reincorporating. You went over the police officers and the firefighters and all that stuff, but the specific areas, I asked you about two or three different areas that you're -- are you budgeting for now or not? And I also requested you provide me -- by this morning -- a list of all the -- I guess the cuts that were restored when you -- when we found those twenty -something million dollars that had been lost by Mr. Rose before he departed -- or departed the City. He hasn't departed us, but he departed the City. So, 1 would like to know if you -- maybe you or whoever in Budget wants to go through in detail what those changes are and what each department not only by department, but by position and department, so we can know exactly where you're allocating dollars to right now. We had also spoken a little bit on a couple of details about my district, in particular, the district I represent, District 1, about Grapeland -- the pool at Grapeland Park as an example. Just (UNINTELLIGIBLE) it was a half -a -million -dollar allocation, but that wasn't in the -- in this proposed amendment to the adopted budget. So, I want to know what you've done, and I want the whole Commission -- I said yesterday that it's important for me that the entire Commission see the specifics of what you 're proposing because these are major changes in amounts. So, I think it was -- was it 12 million or around 12 million? Mr. Casamayor: 12.7, I believe. Commissioner Diaz de la Portilla: How much? Mr. Casamayor: 12.7. Commissioner Diaz de la Portilla: 12.7, yeah. So, it was $12.7 million. So, before we just do this so quickly, it's important to talk about the 12.7 where they're going, especially in these tight economic times. So, that's -- so if you can do that for us, I would really appreciate it. Commissioner Watson: And I guess through the Chair, point of clarification. Is this the 2021 budget -- Commissioner Reyes: Yes. Commissioner Watson: -- that's already been approved? Mr. Casamayor: Yes. Commissioner Diaz de la Portilla: This is changes that are being -- cuts that are being restored into the budget. City of Miami Page 61 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Watson: 1 see. Because I was told this was a procedural issue. Commissioner Diaz de la Portilla: No. Commissioner Watson: Obviously, it's not. Commissioner Carollo: No, no, no. Commissioner Diaz de la Portilla: In Tallahassee, we called them technical amendments. You don't want to have debate and say this is a technical amendment. Commissioner Carollo: Here's the problem. Vice Chair Russell: Did you get the Jedi mind trick? There's nothing to see here, don 't worry. Commissioner Carollo: Here's a problem that I'm having, gentlemen, and you know, I don 't know much about budgets, but I was elected twice to be mayor. I was chairman of a Commission, this Commission in the past. I was vice mayor a couple of times. This is my fourth term as a Commissioner, and I'm the only one here that's been a city manager and has done two budget amendments in two years as City Manager so, you know, maybe 1 know a little bit about this. And first of all, the first question I'd like to ask is, how much money did the former director find in his back pocket all of a sudden that we were told -- what was the amount? Vice Chair Russell: 22 million? Mr. Casamayor: I believe the difference between the May projection that we gave the City Commission to the final -- Commissioner Carollo: I want numbers. I don't want, you know, the difference, you know. I'm kind of tired this morning, so I don't want to be adding and subtracting, and multiplying, and dividing. Mr. Casamayor: Right. I believe the difference is a $27 million difference, sir. Commissioner Carollo: Okay, 27 million. Do we have anybody in Budget here anywhere, or are they at home? Mr. Casamavor.• No, sir. We have our interim budget director, Mr. Leon Michel here. Commissioner Carollo: Okay. Is he here? Mr. Casamayor: Yes, he is. Commissioner Carollo: Can you confirm the amount, if it was 27 or if it was 28 million? Leon Michel (Interim Budget Director, Office of Management and Budget): I think Tye got $27 million. Commissioner Carollo: How much? Mr. Michel: 27. City of Miami Page 62 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: 27 million, okay. And the amendments that you're presenting is 12.7? Mr. Michel: 12.7. Commissioner Carollo: Okay. So, where is the difference of 14.3 going to? Mr. Michel: No, that difference stay in the account called reserve for uncollectible. Commissioner Carollo: I'm sorry. You're going to have to get one of these masks. I'll be happy to get my office because that one is not coming -- I don't want you to do (UNINTELLIGIBLE) because we're basically -- Mr. Michel: I'm sorry, Commissioner. The difference -- that difference will stay -- Commissioner Carollo: Can we get him any one of my masks? Commissioner Reyes: A regular mask. Commissioner Carollo: Maybe someone in my office could bring him one. Mr. Casamavor.• The difference will stay in the City's fund balance. So, I mean, we had $27 million that came in that we weren't anticipating. The difference would stay in the City's fund balance. We would take -- Commissioner Carollo: Then why aren't you presenting this here also? Mr. Casamavor: Right. Because we don't need to allocate that amount because we're not planning on spending it. Commissioner Carollo: No, but we have to approve that also. The Commission gets to approve that also. Commissioner Diaz de la Portilla: There's a reason -- but that's not -- if I may, Commissioner, because I had this discussion with him yesterday in the briefing. That's what -- that's why I wanted this to happen today because I knew that almost every Commissioner here would have objection to this. There's a reason why you're holding onto that money, right? Mr. Casamavor: Yes, sir. We -- Commissioner Diaz de la Portilla: And we want to know that reason. Commissioner Carollo: But whatever the reason is, Commissioner -- Commissioner Diaz de la Portilla: Well, it's important. No, no, but it's important. Commissioner Carollo: Yeah, we get to approve. Commissioner Diaz de la Portilla: Of course. But I want -- but I think it's important for the Commission to know why they're holding onto the money. What are you planning to do with those dollars? Mr. Casamayor: So, the recommendation that we have is to keep our reserves at a significant level in case the situ -- the financial situation that we still aren't clear from continues to -- you know, goes worse. I mean, this would stay in our fund balance. We've been able to build our fund balance over the years. So, I think it's prudent that City of Miami Page 63 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 we continued to try to bolster our fund balance in case we have to spend this money on other items. But again, it is up to the Commission with what they would like to do. Commissioner Diaz de la Portilla: Didn't we have a conversation about some dollars you were reserving for some acqui -- land acquisitions or something else of that nature? Mr. Casamavor: Yes. In this item, also, we will be transferring $45 million from the building reserve to a capital project to purchase, build, design a building facility. Commissioner Carollo: That's a different item. Commissioner Reyes: That's a different item. Commissioner Carollo: A different item than we have in the agenda. Commissioner Diaz de la Portilla: No, I know, but it's all related because if you're putting money in reserves and you're allocating 45 million -- the money is all related. We're talking about (UNINTELLIGIBLE) -- Commissioner Carollo: Well -- Commissioner Diaz de la Portilla: They're putting money in reserves and you're spending 45 million on something else. Commissioner Carollo: You know, with all respect, it's different. Commissioner Diaz de la Portilla: No, it's not. Commissioner Carollo: The 45 million is coming from building and something else. Mr. Casamayor• Yes. Commissioner Diaz de la Portilla: Okay. Correct. Commissioner Carollo: And we have that in a separate item today to deal with. Commissioner Reyes: It's a protected -- Commissioner Carollo: That we need to discuss fully. Commissioner Diaz de la Portilla: Correct, correct. Commissioner Carollo: But my problem right now is that the 14.3 -- and I have no problem putting it in the reserve. This is what I think we -- Commissioner Reyes: Yeah. Commissioner Carollo: -- need to try to do because we don't know what this coming budget's going to be like. And we might not have a budget director to find us another 27 million in his back pocket or in his coat. But my problem is that you can't do that. You have to present it to the Commission for us to approve. Furthermore, here's the biggest problem that I have right now. We approved a budget that did not have these $27 million. The budget that was approved said that we were going to lay off I think, something like 66 police officers, freeze other positions that might have brought it up to a hundred or so, freeze I don't know how many positions in the Fire Department and more. I gave up a lot of money from my district to try to help the City meet its City of Miami Page 64 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 obligations. Others did too and we cut hack everywhere. And then come September 1st, after this Commission had to approve a budget that this Administration had to abide by, nobody was laid off except the people that were cut before that I guess the Administration wanted out. No police officers laid off, nobody else in the group was laid off, You kept spending without any authorization because there was no budget approval for that. And my question is, you 're in violation of a balanced budget if you 're spending money that you didn't have. So, apparently somebody had to know, beginning October 1st, that we had that money somewhere and that we had no problem going on and keep paying all these employees and other expenses without Commission approval because it was not budgeted. So, everything that was spent from October 1st to today has been done in violation of the budget approval that this Commission made without Commission approval. And I never seen that done before, never in my life, in 40 plus years that I've been in and out of government or in any of the positions that I've had, including city manager. And 1'd like to have an answer for that. Did someone know that we had the money, and we weren't told about it? Because at the end of the day, how in the heck when we negotiate again contracts with our unions can we look them in the eye with a straight face if we have to tell him for the next budget that, "Hey, we're hurting. We've got to do this." They're going to laugh at us and say, "Hey, you know, you pulled that on us the last time, and you had the money." And I -- furthermore, you know, I'm not going to sit here and just have the Administration all of a sudden pull out at the last moment $12.7 million to spend in whatever way you want without us being able to analyze it and see if some of the dollars that were taken from us, we still need this year or not. So, this is not going to work for me today. I'm not ready to vote on something like this today until I have the time to truly analyze it during the holidays. We can bring it back January 14. You 've been operating in violation of the budget that we approved anyway. So, if you do it, you know, another month, it's not going to matter anyway. But this is not the way to run a show. I'm sorry. And I'm not trying to be harsh. I know and I respect that the City Manager is at home with COVID, and I don't want to cause any additional stress with him with this. But we can't go on working like this. The Commission, whether people understand it or not, is the one that approves budgets here. I'm not here to come and just rubberstamp anything anybody gives me. So -- Vice Chair Russell: Is there a motion on RE.1 ? Commissioner Carollo: Motion to defer this item. Mr. Casamayor: May I just address a couple of the concerns that you had, Commissioner? Vice Chair Russell: Just a moment. I want to get the motion out of the way. Is there a second to the motion? Commissioner Reyes: Yes, second. Vice Chair Russell.• Seconded by Commissioner Reyes. Commissioner Diaz de la Portilla: I'll second. Vice Chair Russell: Open for discussion. You're recognized, Mr. Casamayor. Mr. Casamayor: And I understand the scrutiny that this Commission wants to put onto this budget, and I appreciate it. Commissioner Carollo: It's not scrutiny, Mr. Assistant Manager. It's an obligation that we have. City of Miami Page 65 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Mr. Casamayor: I understand. Commissioner Carollo: Because we run for office. We're the ones that the residents come to and hold accountable. You don 't run for office. In fact, all you guys don 't even live in the City of Miarni. And I respect that, you know, but we have the obligation to deal with this budget. And I'm not going to give that up to bureaucrats. It's my obligation and their obligation. And certainly, the Mayor could veto anything we do, and he gets override, or he doesn'tget override, but that's the process that we have. Mr. Casamayor: Understood, sir. So, just a couple of items. When we put this budget together that was approved in September, there was some money set aside for the timing of all of these actions to have to take place because we can 't lay someone off on October 1st. There's a process that takes a little bit. Commissioner Carollo: Fernando, look, right off the bat, you know, you're going off the road and, you know, a little bit more, you're going to go off the bridge. Because when this Commission approved that budget beginning October 1st, the only thing you could have done is what was approved in the budget. Otherwise -- Commissioner Reyes: You have to amend it. Commissioner Carollo: -- we lied to the State in what we had. Commissioner Reyes: Yes. Commissioner Carollo: So -- Commissioner Reyes: May I --? Commissioner Carollo: -- whatever reasons you 're giving, the authorization wasn't there. And if the former budget director said it was or whatever, they were wrong. Should have gone to the City Attorney and found that out. And I'm sorry if you had to have laid off people, that's what this Commission voted upon based on the information you gave us. And that's what needed to be done. And then if you found the money, you bring them back. But obviously, somebody knew we had the money because how can you keep people for this time, and then how do you balance the books at the end of the year if we didn't have the 27 million. Commissioner Diaz de la Portilla: Mr. Chair. Vice Chair Russell: You're recognized. Commissioner Diaz de la Portilla: I think the will of the body is apparent. I think we defer the item, and we move on, and then they come back with a thorough explanation when you come before us, a line item of what you 're doing, what you 're reallocating or sending, putting back in the budget. And perhaps, during the course between now and then, if Commissioners in particular have some things in their districts that they want to refund because now we have additional dollars, out of that reserves we can have that conversation too during this process. I think I agree with Commissioner Carollo and Commissioner Reyes. I also support the idea that we defer this for now. Vice Chair Russell: Thank you. Mr. Casamayor, is there a time sensitivity on any of these items that will be jeopardized for deferral? Mr. Casamayor: The only time sensitivity is on the $45 million transfer from the building. fund to a capital project because the -- City of Miami Page 66 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: It's a different item. Mr. Casamayor: No, sir. It isn't. It's part ofRE.1. Commissioner Diaz de la Portilla: That's a problem. Commissioner Carollo: Was that put in there? Mr. Casamayor: It's in RE.1. You could bifurcate that iteni. Commissioner Reyes: That's right. That was going to be my question. Commissioner Diaz de la Portilla: Well, that's the issue. That's why 1 brought it up. Vice Chair Russell: One at a time, please. Commissioner Diaz de la Portilla: That's why I brought it up. It is the same item, and that's the danger that we have. Commissioner Carollo: I'm sorry. I stand corrected. It's the same item. I thought it had it -- it was in a different item. If it's in the same one, then we would have to just deal with that alone. Commissioner Reyes: Bifurcate it. Mr. Chair. Vice Chair Russell: Yes. I apologize. Commissioner Reyes, you're recognized. Commissioner Reyes: No, you are ignoring me all day, you know. Vice Chair Russell: I'm sorry. Sometimes it's difficult to hear with our salad bar guards up here. Commissioner Reyes: Yeah, but I'm accustomed, you know. I don't hold no grudge against you for doing it. I would like to sit down, you see, and there are questions that are now popping into my mind. Obviously, Commissioner Diaz de la Portilla knew about a project of $45 million that we are going to go and purchase. That's going to be for, I don't know, a building or whatever it is, that investment. I never been informed of that. Commissioner Diaz de la Portilla: Well, let me be clear. If I may -- sorry to (UNINTELLIGIBLE), Mr. Chair. Commissioner Reyes: No, no, no. I'm not saying -- Commissioner Diaz de la Portilla: No, no, no. Commissioner Reyes: -- nothing against you. Commissioner Diaz de la Portilla: No, no, no, no. It's not against me. Let me be clear. I wasn 't informed about it. I had to ask about it. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: And that's my complaint. Commissioner Reyes: And then it was -- it is my bad. City of Miami Page 67 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Diaz de la Portilla: And I should -- no, no, no. It's the -- no, we shouldn't have to ask. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: We should be given a detailed presentation during our briefings of where you're going to put those dollars because, as Commissioner Carollo said, we're the ones that allocate the dollars here. It's not you guys. So, when you have a presentation, you don't say, "Hey, we're doing this. It's a budget amendment," and pretend that it's a technical amendment, that it's not substantive in nature when it is very substantive in nature and impacts real people every day in each one of our districts. So, when you present to us, you have to tell us, "This is what we're doing. This is what we're cutting in your district, Commissioner Reyes, in your district, Commissioner Carollo, and 3, and 1, and 4, and 5. This is what happens." For example, I found out that there's -- Commissioner Reyes: Well -- Commissioner Diaz de la Portilla: Hold on. Let me finish, please. Just one minute. Commissioner Reyes: You interrupted me. Commissioner Diaz de la Portilla: I know, 1 did, but let me finish the entire point. Let me finish -- look, in my district, 1 found out that they had closed the dump on 20th Street. And they had closed -- that's been closed since November -- the beginning of November until I got a call two weeks -- about almost two weeks ago that said, "Hey, it's closed." I had -- you know, I didn't know it was closed. They didn't even tell me it had been closed. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: And that's a dump that everyone in the City of Miami uses because it's free and because most of our residents go there. Because when they did the budget cuts when the money, was lost that was found later on, they went to every head of every department and said, "What do you recommend we close?" And the head of that particular department -- Mr. Nunez -- recommended, "Hey, close the dump." And the head of Parks said, "Close Grapeland pool." And all these bureaucrats made these decisions without sitting with the Commissioners from those -- duly elected Commissioners of those districts and said, "Hey, District 5, we want to do this, and District 3, we want to do this," so we can at least have our input and give our opinion which is our constituents' opinion because we represent them.. And that's my beef here. And that's why I said that because it bothers' me -- Commissioner Reyes: Commissioner, let me finish -- Commissioner Diaz de la Portilla: -- that we had to ask the questions, that we have to Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: And ask -- and then a second question or a follow- up question to get the straight answer. Commissioner Reyes: Okay. But let me finish my line of thought. Commissioner Diaz de la Portilla: Yes, sir. City of Miami Page 68 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Reyes: You see, remember I'm old, 1 might lose it. You know, 1 mean, you went on this diatribe and all. 1 know that you are emotional and all that but let me finish. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: You see -- Vice Chair Russell: Listen, you're serving lunch. We are not ignoring you today, so you have the floor for as long as you want to. You can have the gavel. Commissioner Reyes: You ignoring me and now Commissioner Diaz de la Portilla interrupting me and keep on going. And you know, my mind is -- 1 mean, 1 might wander in something else, you know, given my age. No, what I want to say, Fernando, is that what I would like is in order to avoid all this in the future, sit with every single one of us. And if you have any plans that certain funds are going to be used in a certain way, we should know beforehand. I mean, we are elected officials, as Commissioner Carollo said and very well stated by the senator. You see, we need to know. We need to be informed in order for us to make, I mean, our decision based on the information that we have, you see. I didn't know anything about that we want to use those restricted funds from building into anything. As a matter of fact, I've been trying to modify that law in Tallahassee so we can use a percentage of those restricted funds, which are tremendous. They're millions and millions of dollars in -- 1 mean, in part of our building operation, whatever is related to building, you see. And I do agree because I wasn't a city manager, but I was a budget analyst, okay. If we adopt the budget and then we find that we have a shortage or a surplus, before we continue, we have to amend that budget. Do you understand? Am I right or wrong? Mr. Casamayor: Yes, sir. To spend any more than what was already approved -- Commissioner Reyes: Yes. Mr. Casamayor: -- the budget needs to be amended. Commissioner Reyes: That needs to be amended. That is Commissioner Carollo's concerned and all that. And what we want to do is -- what we have to -- because that's the only way that we know -- everybody knows what's going on is the budget. If not, we are not doing it -- I mean, we are -- it's not permitted. Well, we're not doing it within the law. And could you please sit down with every single one of us? I was informed of the 23 million -- I mean, $27 million that were found. And I told you. I told you and I told the City Manager, this is going to create a lot of doubts. It's going to create a lot of doubts. I do understand that budgets are projections and sometimes they are -- if you don't look quite -- very close to all the accounts, you might have some money hidden there or that inadvertently was not counted. I do understand that. That had happened before. But the information has to come to us before we come to a City Commission meeting. And please sit down with us and let us know what it is. Vice Chair Russell: Thank you. So, just let me understand the will of the Commission. Is there a will to pass part of this with regard to the capital transfer or defer the whole thing? Because we can do either. Commissioner Carollo: I want to defer everything with the exception of the one item for the building monies that they talked about because that we could end up in trouble in losing those dollars if I understand it correctly. Vice Chair Russell: Okay. City of Miami Page 69 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Mr. Casamayor: That is correct, sir. Vice Chair Russell: So, currently we have a motion to defer the entire item. Perhaps we should withdraw that motion and make it in a way that passes part of that budget. Commissioner Carollo: Exactly. Commissioner Reyes: Make the -- Commissioner Carollo: We're taking out that one part of the budget on the buildings transfer of $45 million for the -- building a new MRC (Miami Riverside Center). Mr. Casamayor: It's for a building facility. Commissioner Carollo: Yeah, building facility. Mr. Casamayor: Whether it's standalone -- Commissioner Carollo: Well, building facilities. Mr. Casamayor: And that project -- yes, sir. And that project would have to come back to the Commission for approval. Commissioner Carollo: Absolutely. Now -- Commissioner Reyes: That's right, okay. Commissioner Carollo: And that is because those are funds, as I understand, the Building Department gets (UNINTELLIGIBLE) by state law, and it could only be spent in a certain way so -- Mr. Casamayor: That is correct. Commissioner Carollo: -- everything else, we're going to defer except that item for the reasons stated. Vice Chair Russell: So -- Commissioner Watson: Yeah, point of clarification. Vice Chair Russell: You're recognized, Commissioner Watson. Commissioner Watson: So, the 27 two is not in the 45? Commissioner Carollo: Excuse me? Commissioner Watson: The 27 two is not in -- Commissioner Carollo: No, no. No, that's not. The 45 is different. Commissioner Watson: Okay. Commissioner Carollo: That's the Building Department that has built up that money throughout the years -- Commissioner Watson: Okay. City of Miami Page 70 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: -- from monies they get from developments. Commissioner Watson: All right, okay. Commissioner Carollo: Yeah. Vice Chair Russell: So, my recommendation is for someone to create a make a motion to pass this one portion of this amendment -- Commissioner Reyes: Move it. Vice Chair Russell: -- and then well bring a new item in January -- Commissioner Reyes: Move it. Vice Chair Russell: -- for all the rest. Commissioner Carollo: Well, before we do, I'd just like to ask a couple of more questions to see if anybody has the answer. Approximately how many square feet do we have in the MRC? I forgot since we discussed it a couple of years ago. Mr. Casamayor:• Yeah. 1 don't have that off the top of my head. I'd have to check, sir. Commissioner Carollo: Does somebody have it here? Somebody in DREAM (Department of Real Estate and Asset Management), or nightmare, or something? Mr. Casamayor: Give me a minute. Commissioner Carollo: Is it 200,000 square feet, less? Okay. Here we go. Mr. Casamayor: Yes, sir. A little under 200, 000. Commissioner Carollo: Okay. So, let me put 200, 000, and I'm going to go high on the cost in duplicating a building like the MRC, except it's not going to have all the granite on the outside, all the marble inside, and some of the other fancy stuff that were put in there when Florida Power and Light built it for their executives before we bought it. Okay. We'll go with a high number, and we should get someone to do it for 125 or less. But if we go with 150 per square foot, that's 30 million that it would cost us to duplicate that building. And frankly, we could duplicate one exactly like it to the side of it, leaving all the land that we now use that we could create some more for activities back there if this is where we want to go and stay downtown. So, I just wanted to put that out on the record that the 45 million is going to be way more than we need. And I don't want any developer to think that they're going to take us for a ride in the future and charge us 250 a square foot or something like that. Because as long as I'm here, I'm never going to approve that. Commissioner Watson: Commissioner -- Commissioner Reyes: But -- Commissioner Watson: Through the Chair, right quick. This -- that 150 number -- Commissioner Carollo: Yeah. Commissioner Watson: -- start to finish, nothing happens, walk straight through. No City of Miami Page 71 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 glitches, no blips, no nothing. I'ni saying to you that that $150 square foot number is low -- Commissioner Reyes: Yeah. Commissioner Watson: -- because we're not building now for today. We're going to be building now for tomorrow. And you got to take that into consideration because -- Commissioner Carollo: Even for tomorrow, Commissioner -- and I've been up-to- date on this -- Commissioner Watson: Okay. Commissioner Carollo: -- it's not low. 1 could get people maybe that will come in even at 108, 110. That's why I put that. Now, what that doesn't include is then coining in with the furniture and everything else that you've got to do. That's separate. That's separate. But actual construction, without putting marble, granite, you know, typical governmental building the way it should be, with 150 a square foot -- because this is not going to be a tall building. You know, this will be eight stories or so that you could do with that, like what we have there now. You could keep those costs low. Now, if you go over 12 stories, you start going into, you know, 15, 20 stories, your costs do go up. But keeping it low, you know, below ten stories, you're fine with those numbers. And you'll find -- Commissioner Reyes: Mr. Chair. Commissioner Carollo: -- top-notch developers here that are willing to do I that way. Now, you got others that are very politically correct that they're going to tell you that they can't do it for that, and they want more, but that's a different story. Commissioner Reyes: Okay. Commissioner Watson: Okay. Commissioner Reyes: Let me be clear about this. I am not too pleased that we are talking about a building and constructing a building that we haven't yet decided if we're going to do it, you see. Because I haven't been informed that there is a plan, nor do I know the location. Don't -- do I know what is going to be -- I mean, why we're moving. I'm not too pleased with that. I understand that it could be 150, 200, but before we go into that, I think there's a decision that has to be made by us, and we have to be properly informed on what the plans are. And as a matter of fact, that's what lwant. That's what want. I mean, and all of us,, we will have our objections or our approval. Commissioner Carollo: Sure. Commissioner Reyes: And also, all of us, we will -- maybe we can probably include our opinions or try to be part of the plans, whatever. But we need to be informed. Commissioner Carollo: Yeah. Commissioner Reyes: You see. Commissioner Carollo: Absolutely correct. And one thing that I did not go into is that we will probably need some of the remaining monies there to give the present building -- if we want to stay there -- impact windows and some other uplifts. But that's a .fine building. And not what we were told -- eventually, I got the former City of Miami Page 72 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 DREAM director one time to finally admit that all the stuff that we were being told, that it was going to cost us as much to fix that building up as it was to build a new one Commissioner Reyes: Oh, yes. Commissioner Carollo: -- was hogwash. The bottom line is that we had to tear it down if we were going to sell it. So -- Commissioner Reyes: That was his recommendation. Commissioner Carollo: Yeah. But again, the -- what we're voting on is just buildings, so it could be whatever. But I think for the sake of all of us to be very straight on this item and to have full transparency, if we could get the Building Director to explain the limits -- first of all, where the money comes from, and then the limits that we have on how to spend it. Vice Chair Russell: You 're recognized. Ace Marrero: Good morning, Chair, Commissioners. Ace Marrero, Building Director. Commissioner, you are indeed correct. There are restrictions by Florida Statutes as to how you can utilize those funds. Commissioner Carollo: Yes. Mr. Marrero: And there are also restrictions in terms of how much you are allowed to carry over per the -- a recent change in the Florida Statutes. And this is one of those mechanisms that we are utilizing to make sure that those funds are not at risk. We have been discussing the issue and the need of the City to have a facility to house all of the permitting needs, one that is capable to have a one -stop -shop for all of your permit -- and one also that is capable of being resilient, one that is a level four building that we don't have today. One that, you know, after a -- the City is faced with a natural disaster, can come back same day and be able to have and maintain the level of operations into the "inure. So, I believe that the funds that we're setting aside will be able to do so for the City of Miami and all of its permitting needs. And with that, I mean, I'll be able to -- I'm open to, you know, answer any questions that you may have into the specifics of -- Commissioner Carollo: Can you explain to the Commission where -- how you get these funds originally? Mr. Marrero: These funds have been carried over multiple years, not just -- I mean -- Commissioner Carollo: Right. But how do you get them from --? Mr. Marrero: Permit fees, specifically, the permit fees. The building permit fees. Commissioner Carollo: Yeah, which is what I said, but I want you to explain it well so that we know the difference of the other funds that are general And versus these. Mr. Marrero: The Florida Statute is very specific that the building permit fees can only be used to enforce the building code so -- Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: So, I have -- City of Miami Page 73 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Reyes: And 1 want to make clear that if we don't make a decision, are we going to lose those funds? Because as far as 1 understand, we don 't lose those funds. Those funds are being accruing year after year and after year. And since we are not using most of them, that's why I -- Mr. Marrero: The reason -- Commissioner Reyes: -- tried to present legislation to ease the use and allow us to use some of it. But I heard if -- correct me if I'm wrong, that those 45 million, if we don't set aside, we're going to lose them. Mr. Marrero: We're not going to lose the funds, but we would have to establish a program to start refunding some of those monies or applying credits. Commissioner Reyes: I don't understand, sir. Could you be more specific? Mr. Marrero: The Florida Statute passed a legislation that became effective on July 1st of last year -- Commissioner Reyes: Oh, okay. Mr. Marrero: -- that stated that the building permit fees can only be accrued at a rate offour times your operating annual budget. Commissioner Reyes: Yes. Mr. Marrero: So, we are today beyond that. Commissioner Reyes: Yes, I know. Mr. Marrero: And so, if we remain beyond that threshold the Florida Statutes indicate that we would have to establish a program to either credit or refund some of those monies. Commissioner Reyes: Yes. That refund will go to the persons -- people that paid the fees? Mr. Marrero: That is correct. Commissioner Reyes: Okay. Now I got it. Yes. I'm not -- I would like to break this and bifurcate it and defer the -- I mean, the part that is general revenues and general funds and this particular restricted fund, you see, and do what you have to do, and then let's set aside those $45 million, whatever it is, for a building. But that could be used either to refurbish the building that we have, or it could used for a new building. But what we're doing is we're setting aside those funds in order to be used according to what the law allows. Commissioner Carollo: That's correct. Commissioner Reyes: And that is going to be my motion, to bifurcate it, and we will defer the other part, the part that is with general funds and other type -- other funds, part of our operating budget. And this portion will be accepted. It will be passed. Commissioner Carollo: I second that. It's what we've been discussing all along. Vice Chair Russell: All right. I think the spirit of that is -- we're in concert here. I just want to make sure procedurally we get it correct here. Mr. Clerk, you're City of Miami Page 74 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 recommending a specific way to pass this to capture that intention, correct? Todd B. Hannon (City Clerk): Yes, Chair. From a technical standpoint, what you can do is amend the legislation to only address the 45 million. The remainder of it will be brought back as a new item with a new file ID. So, from a technical standpoint -- Vice Chair Russell: So, it's not a deferral. Mr. Hannon: Correct. Vice Chair Russell: Just simply passing it with an amendment -- Mr. Hannon: Yes. Vice Chair Russell: -- then moving all the other items except for that. Mr. Hannon: Correct. Commissioner Diaz de la Portilla: A strike everything amendment, in Tallahassee jargon. Strike everything amendment. Vice Chair Russell: Strike everything but -- Commissioner Diaz de la Portilla: Strike everything and you put only that language on it, and we pass that. Vice Chair Russell: Does that work for your motion and second? Commissioner Carollo: Here, you can only strike out -- Commissioner Reyes: Three times. Commissioner Carollo: -- ifyou miss the ball three times. Commissioner Diaz de la Portilla: Only three times. Commissioner Reyes: And you're out. Okay. As long as -- Commissioner Carollo: It's a way different ballgame in Tallahassee. Commissioner Reyes: -- it works, the wording of it, I mean, I am not concerned. As long as we can set aside those 45 million, and then we could analyze the rest of it, you see. And everybody will be informed, and then we will amend the budget, and do it right. It's fine with me. Commissioner Carollo: Then you make the motion as suggested by the City Clerk? Commissioner Reyes: By the people that knows. Commissioner Carollo: Well, sometimes. Commissioner Reyes: Okay. Commissioner Watson: Mr. Chair. Commissioner Carollo: Don't praise him too much; he'll want a raise. City of Miami Page 75 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Reyes: No, no. You're absolutely right. Commissioner Carollo: Which is in the budget too, I think. Commissioner Reyes: That's right. Commissioner Carollo: Good for him. Commissioner Reyes: That's right. Commissioner Watson: Mr. Chair. Vice Chair Russell: There's been a motion and a second. You're recognized. Commissioner Watson: Point of information. What's the threshold on these fees? Mr. Marrero: When you calculate the four times the operating budget -- Commissioner Reyes: Forty-eight something. Mr. Marrero: -- 1 believe the threshold is around $60 million if I'm not mistaken. And so, we would be --1 believe if my memory serves me well, we have about 85 -- Commissioner Reyes: Eighty, yeah. Mr. Marrero: -- 80 -- so we will be below the threshold by about maybe $15 million. Commissioner Watson: If we have a -- Mr. Marrero: And our operating budget right now is around 20. So, that would easily give us two entire -- Commissioner Reyes: Years. Mr. Marrero: -- two folds of our yearly operating budgets in the reserves, which is very healthy. Commissioner Watson: The bifurcation is going to split that money that way, right? Mr. Marrero: The bifurcation will be to set aside the 45 into a capital budget reserve, and then we can discuss what will be the proper means to utilize those funds. Commissioner Watson: And so -- Mr. Marrero: The remaining of the budget will remain in the existing restricted funds for building. Commissioner Watson: And we've never gotten to the point where we had to refund monies. Mr. Marrero: You would need to exceed, per the Florida Statutes, the four times. So, we would, you know -- so I think that gives us a pretty good threshold moving forward. Commissioner Watson: Okay. City of Miami Page 76 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: All right. Call the question. Vice Chair Russell: All right. We have a motion, an amendment. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you very much. I'd like to break for lunch. We can come back at -- Commissioner Reyes: Yes. Vice Chair Russell: -- 2:30; how does that sound? Commissioner Reyes: Yes. Everybody is invited. Vice Chair Russell: 2:30. And Commissioner Reyes is inviting for lunch. Thank you very much. Commissioner Reyes: Everybody is invited to go to the terrace and we 're going to have our Christmas lunch. Vice Chair Russell: Thank you very much. There's also -- go ahead, I'm sorry. Commissioner Reyes: And there is no alcohol, as Commissioner Carollo said, but there's plenty of refreshments there and plenty of food. And also, you can take home too. Vice Chair Russell: Thank you. And there's also a 12:30 press conference out front regarding the amicus brief -- Commissioner Carollo: 1:30. Vice Chair Russell: -- for anyone who'd like to -- Commissioner Carollo: 1:30, ain't it? Vice Chair Russell: There's two press conferences. Commissioner Carollo: Oh, okay. Vice Chair Russell: The amicus brief with Boca for conversion therapy is at 12:30. Commissioner Carollo: Okay. Vice Chair Russell.• I believe the other one's upstairs at 1:30. Commissioner Carollo: Okay, all right. Vice Chair Russell: Thank you very much. We are in break until 2:30. City of Miami Page 77 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 RE.2 7991 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON AUGUST 25, 2020, PURSUANT TO INVITATION FOR BID NO. 1211389, FROM THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, 441 CYCLE SHOP, INC., A FLORIDA PROFIT CORPORATION D/B/A BMW MOTORCYCLES OF FORT LAUDERDALE, FOR THE PURCHASE OF POLICE MOTORCYCLES, MODEL NO. R125ORT-P OR NEWER, AND THE INSTALLATION OF ANCILLARY ACCESSORIES AND EQUIPMENT, ON AN AS NEEDED BASIS, FOR THE CITY OF MIAMI'S ("CITY") POLICE DEPARTMENT FOR AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM CITY CAPITAL PROJECT NO. 40- B203218 AND OTHER LEGALLY AVAILABLE SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Padilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number RE.2, please see "Order of the Day." City of Miami Page 78 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 RE.3 RESOLUTION 8313 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 20-0362 ADOPTED ON NOVEMBER 18, 2020 TO PROVIDE UNDER THE CORONAVIRUS RELIEF FUND PROGRAM ("CRF PROGRAM") FOR THE INDIVIDUAL/HOUSEHOLD GIFT CARD PROGRAM TO CHANGE THE AMOUNT OF ANY GIFT CARD FROM EXACTLY TWO HUNDRED FIFTY DOLLARS ($250.00) TO INSTEAD BE AUTHORIZED IN AN AMOUNT UP TO AND NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00) PER GIFT CARD; FURTHER AUTHORIZING AND ALLOWING FOR THE PURCHASE OF FOOD, GROCERIES, MEDICAL PRODUCTS, MEDICINE, AND RELATED ITEMS UNDER THE GIFT CARD PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-20-0410 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number RE.3, please see "Public Comments for all Item(s)." Vice Chair Russell: We are going to move onto Item RE.3, which is, I believe, Commissioner Diaz de la Portilla's resolution amending the Coronavirus relief fund program. Commissioner Diaz de la Portilla: Okay. What RE.3 does is that it lowers the amount. And I think Commissioner Carollo has left the dais, but he has -- he may have a suggestion. I was told by the City Attorney that he may have a suggestion as an amendment. But what we do here is we lower the amount to $100. Right now, it's at $250. We lower the amount to $100 and the idea behind that is that more people would benefit from the program. So, we need to pass this today. I think with the Commission's blessing, we can begin to distribute those cards. We have -- as you know, Commissioner -- Chairman, we have until December 3lst to distribute all those cards. We have a tremendous need. I found a tremendous' need in talking to people and having teams out there, as we all have, for these cards. I thought that it would be better if we can distribute it to more people. The other -- the second thing it does is that it allows the cards -- these are now cash gift cards. They can be used at any supermarket, any mini -market. They can he used at any pharmacy. There's also a code -- the cards are coded, so it allows usage in super -- for food, for medicine, and I have an amendment that will now also allow for utilities -- to be used for utility payments. So, it's a cash card that can be used at a -- not only a Publix, but it can he used at Winn -- Fresco y Mas, Sedano's, Presidente, and any place of the customer's choosing, and they have more flexibility to go to the places they're used to shopping at, and to fill the needs that they really have. A lot of older people in a lot of our districts really have more need for medicine than they do for food because they have food supplements, and they have food stamps and things of that nature. So, it's important that we make the program more inclusive and that's what RE.3 does. Vice Chair Russell: Thank you. I'll take that as a motion. City of Miami Page 79 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Diaz de la Portilla: Yes, sir. Commissioner Watson: So move. Commissioner Diaz de la Portilla: So moved. Vice Chair Russell: Seconded by Commissioner Watson. Commissioner Reyes: Yes. But 1 want to ask a couple of questions. 1 do not disagree with you, Commissioner, at all but 1 have concerns. One is the -- one of my main concern is logistic. You see, how we're going to purchase the cards. I mean, how are we -- let's say that I want to provide some people with $100, you see, in a -- on a -- it's going to be almost a cash card, right? Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: A hundred dollars. But then it will -- you have to add all the people that needs $100 card, identify them, and then come to the Administration and say I want you to purchase these cards because we don't have the flexibility of buying it ourselves. You know what I mean? Commissioner Diaz de la Portilla: No. The Administration buys the cards. We do the -- Commissioner Reyes: That's right, but what I'm saying is that it has to go through a process of identifying, coming to them -- Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: -- and I want to know -- I want to hear from the Administration how they're going to do it. Another thing that 1 want to -- and that 1 think we have to be a little careful on it, is that it is -- being humans, as they are -- and I'm not saying that everybody's going to do it, but a cash card is very dangerous. It's very dangerous because it could be used in anything, and you know what I mean? You know what I mean. Whereas, when you have it tied to a store -- that you have it tied to a grocery store, whatever, you can only spend that in that place. And I want to have the limitations or what is going to be the process in order for us to avoid or try to minimize people misusing it. You know what I mean? Commissioner Diaz de la Portilla: The cards are coded to only be used for medicine, groceries,, and now utilities, so the cards -- the gift cards are now coded. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: On top of that, the people attest -- the same way they're now attesting to the fact that their economic hardship is due to a Coronavirus- related, you know, situation. They attest to it, so it's a sworn statement that they have a need for this. Commissioner Reyes: I don't understand, and I agree that you're expanding the use. Commissioner Diaz de la Portilla: Right. But it's -- we're also limiting the use of what they can use it for. The cards are actually coded -- Commissioner Reyes: Within certain expenditures. City of Miami Page 80 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Diaz de la Fonda- Correct. Which are only grocery -- foodstuffs, groceries, medicine, and now utilities were the amendment that we added. 1 have another amendment that 1 forgot. I thought it had been a pocket item, but it's actually an amendment to this resolution that also adds $2.5 million to the gift program, and it takes it from the business loan program. I've been informed by Mr. Casamayor that there are about $2.444 million in business loan request. Not all of them have been approved yet, but assuming they were all approved, it would amount to about 2.44 million. That leaves about roughly 2.5 million left over because Mr. Casamayor expressed a concern about not being able to process these business loans and grants - Vice Chair Russell: Excuse me. Commissioner Diaz de la Portilla: -- in time by December 31st within the limited time we have -- Commissioner Reyes: You're absolutely right. Commissioner Diaz de la Portilla: -- I wanted to shift 2.5 -- those remaining $2.5 million, assuming that all those applications are approved. Commissioner Reyes: Is that an amendment to this? Commissioner Diaz de la Portilla: That's an amendment to this. Commissioner Reyes: I'll second that amendment. Commissioner Diaz de la Portilla: We'll do that all together. But I also want to make sure that the Mr. Hannon understands that if, in fact, there's -- Mr. Hannon -- that if, in fact, it's more money left over -- let's say some of these applications were rejected or didn't qualify, that whatever money is leftover in the business loan program is now completely shifted -- beyond the 2.5 million -- completely shifted to the gift card program so that we can distribute and not return any money to FEMA or to the County. So, right now, it's a rough estimate, it's $2.5 million. I think some of those applications may, be rejected, so it may be another 150, 000, 200, 000, whatever the number is. We want to make sure that every last dollar is given to our residents. So, everything -- it encapsulates the whole thing, what the resolution does, as amended. Commissioner Reyes: Okay. One question: if this is to be distributed according to the same principle that it was -- Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: -- that's based on the -- Commissioner Diaz de la Portilla: API (Anti -Poverty Initiative). Commissioner Reyes: -- poverty level of (UNINTELLIGIBLE)? Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: It will be distributed the same way as the first batch of cards were distributed. City of Miami Page 81 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Reyes: Okay, I'm ready. Commissioner Diaz de la Portilla: But since Commissioner Carollo is not here -- think Commissioner Carollo had -- and maybe I'll speak for him. It may be out of place, but I'll try to do it right. I think he wanted to add -- he wanted to bring that number from 250 to 350. Is that correct, Ms. Mendez? (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: No. Does Commissioner Carollo have an amendment? No, no, no. I already explained my amendment. 1 think Commissioner Carollo might have had an amendment. He's not on the dais. Well, you know, 1 think he wanted to bring that amount to $350, if the Commissioner -- Commissioner Reyes: But he could -- you can make the maximum 350. Commissioner Diaz de la Portilla: Yeah. Well, I'll do that. So -- I'll do it as my amendment. We just lift that to 350. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: If the Commissioner decides that he wants to give a $350 card for a utility payment or anything of that nature, that he -- that Commissioner can also do that. We'll amend it to that effect. Commissioner Reyes: Commissioner, if we are -- they're going to be different denominations. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: And they got -- I mean, you can have one at 250, which is the regular one, and get another one for $100 and get it, and that's it, you see. Commissioner Watson: I think it's -- Commissioner Diaz de la Portilla: Yes. Commissioner Watson: Is there still discussion? I think it was important to have -- to give the -- first of all, let me say this. Let me back up. I think we all have been kind of under the gun on this gift card program. And I have to tell you, I know staff has looked at it cross eyed. But 1 want out because there are no Publix in my district, one. And so, what I found was in going to Bravo, Winn -Dixie or Top Choice, that there -- some people are not set up to do this. And so, it really wasn't staff who made the decision. Staff did what they had to do given the timeframe we're working within. I think some of this should have been done upfront, but we just said, "Look, it -- we may not make it. We don 't want to give the money back, so let's just go." I think now after it's been done, we want to give them as much flexibility as we can for us to help as many people as we can. That's really what it sounds like what's going on. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Watson: I've gone to those stores myself and asked them, you know, you should participate in the program, call Mr. Casamayor, work out the details, and some are willing to do so. They didn't know about it. And that's not staff's fault, one. Two, I think that I'm for supporting the food part of it. I think we cannot overlook the businesspeople. I think it's ironic that the non -profits did better with the County than business. These people don't understand people who are in business, employing City of Miami Page 82 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 people who live in the city should be assisted. And we put a lot of hurdles on the businesspeople. That's probably why we don't have as many applications. I've handed out personally about 60 applications. Based on the formula given to me, it would be about 65, up to 20. And I've handed about 50 applications myself to encourage people to apply. So, we 're seeking now, hopefidly, you give staff and the Administration flexibility, to work with us regarding making sure we have as many residents participate and as many businesses hopefully participate. I've tried to hold a session where I walk people through classes, sessions on explaining to them because a lot of people just didn't understand. And so, I hope that's the spirit of what we're trying to do, and people understand, you know, that's the best thing for everybody involved. Vice Chair Russell: Thank you. Commissioner Watson: I'd like to say for the business applications you have, give them $5,000 and let them keep on going. That's what I'd liked to -- that's what I would like to put on the table. Commissioner, I don't know if you'd let me do that, but, you know, if they handed in an application, they should be now subject to the same things because some people have not done certain things, but they should be helped. Look, if a person has now been paying lease payments and lights for the last eight months, hey, man, they've been there. And so, you know, that's something that could make a lot of sense. Vice Chair Russell: Thank you. Something that came up during my -- I'm sorry. Mr. Casamayor, you wanted to respond? Mr. Casamayor: So, I just want to make it clear so that we have a good understanding. This is the last Commission meeting for this year. So, whatever we set up here is what we 're going to have to ride with until December 30th. We can get cash gift cards as you call them. They're either MasterCard or Visa cards. We would have to do an emergency purchase in order to do so, so we'll be coming back at a later date to ratify that emergency purchase. We could limit the commodity codes that those cards can be used for groceries, pharmacy, and I believe utility as well. So, we can do that. The turnaround time to get those cards is typically about 72 hours from where we're getting them. So, we already have a 72-hour kind of wait. So, the request would be whatever -- whatever you all want to get so that we can start distributing, whether they're $100 allotments, whether they're cash cards, whether they're Sedano's cards or Publix cards or whatever that is, just the request to get with us very quickly so that we can put that order in and we can continue to just run with this as fast as we can, so we can spend as much money until the 30th. Commissioner Diaz de la Portilla: Right. So, Mr. -- ifI may, Mr. Chair. Vice Chair Russell .• Yes. Commissioner Diaz de la Portilla: So, Mr. Casamayor, you then put in the order and get the clock ticking on 4,000 cards for my district of $100 each. Four thousand cards, $100 each, and the other 1,500 or so we'll probably put early next week. Commissioner Reyes: Well, if may -- Commissioner Diaz de la Portilla: And by the way, this is not -- I'm sorry. Let me finish, please. This is only what we've already -- we already know we're going to give out because we're close to that number already. I just got a text of the number of requests that we've had. We're about 3,900, so I can tell you with confidence, -- and they're flying. I mean, these things are -- the requests are coming in. So, you can go ahead and place the 4,000. This does not include, once we do this additional City of Miami Page 83 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 allocation, then the -- 1 mean, your administration -- your -- the administration will come to me and to us and to say, this is the additional dollars we have. Commissioner Reyes: That's what I was going to ask I'm not sure we're going to get -- Commissioner Diaz de la Portilla: You come back to us today by the end of the day if you can and you say, "Hey, you know, District 5 gets this, District 3 gets that, District 4 gets that, District 1 gets this, okay. District 2 gets that." So, we want to have an idea of exactly how much more, how many more gift cards so we can use our manpower to visit the people we're visiting and to make sure that everybody's reach it in a short period of time we have. I also will like to accommodate Commissioner Watson's request that there are some pending applications that may not be sitting in your office yet, right? But he says that he's already provided people some applications and they have not returned them yet. Those are maybe applications you may be able to process that maybe -- you know, that may come through that may exceed the $2.5 million that we have on that -- now -- what we now have on that business loan program. So, I would like to change my amendment, amend my amendment to make it $2 million for now instead of $2.5 million to allow another $500,000 to be floating out there. If any money is left over, that all those dollars will automatically over to the gift card program, whatever's left over. You could do that administratively, but you would have to let us know maybe by December 20th or 21st, or something like that, how many of those business loan programs you 've approved and what's left over so that we can have those -- that extra eight or nine days to distribute those cards throughout the district -- the respective districts. So, to give Commissioner Watson some flexibility with the applications that are out there but have not been received here in your offices yet, that at least we have that flexibility to be able to live up to our commitment to those business owners too. Vice Chair Russell: Thank you. Commissioner Carollo. Commissioner Diaz de la Portilla: Was that clear, Mr. Hannon? Oh, he's not even there. Vice Chair Russell: So, yes. He was clear. He just wants to make sure that the seconder is okay with those amendments? Commissioner Watson: Yes. Vice Chair Russell: And then, Commissioner Carollo, there was an amendment made to raise the limit to 350? Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: I made the amendment to include it all together. Commissioner Carollo: Thank you. That's what I was going to suggest that we would have leeway so that if something happens at the end, we will spent all the money. Nothing goes back to the feds, that we raise it 350, but on the low end, we're at 100. Now, I'm sorry I had to be out here. I had to do something none of you could do for me. But on the Visa/MasterCards, while I have a lot of reservations in going with Visa/MasterCards and simply because if they're loss or anything, it's simple for somebody to move them anywhere in the country than be limited down here. But I understand that -- and I understand that clearly that District 5 has no big store chains really and a lot of small stores. District 1 only has one Presidente, and it's probably the oldest of them all, and then the rest is small stores. So, that's the only way that they're going to be able to move. Within my district, I still would like to go with the City of Miami Page 84 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Sedano, so less Presidente, and finally be able to get cards themselves to give to us. But if not, I'll go with Presidente because 1 got enough in my district. They're spread out that that would serve our needs. How quickly can you have for them the Mastercards? Commissioner Diaz de la Portilla: 72 hours. Mr. Casamayor: Yeah, 72 hours from the point of order. So, as soon as we let the company know this is how many, we need and these are the denominations that we need -- Commissioner Carollo: Okay. Mr. Casamayor: -- 72 hours, maybe sooner -- Commissioner Carollo: Okay. Mr. Casamayor: -- but I don't want to say, you know -- they told me 72 hours, so that's -- Commissioner Carollo: With the Sedano 's, you got plenty, right? Commissioner Reyes: Yeah. Mr. Casamayor: We have some Sedano's cards already on hand. We can order more. Those are quicker than the 72 hours. Commissioner Carollo: Okay, well, my additional ones, I'd like them all in chunks of 100. And we're almost done if are not done with the $250 ones. So, from then on if we could get them in hundreds now. My only other question is, what limitations do we have with the County because we started talking about groceries, then we found out that we could do the pharmacies, and I'm hearing some other things that they can be used for now. William Porro (Director, Human Services): Are you're referring to the Publix cards or -- Commissioner Carollo: No, no, no, no. I'm referring to the -- Mr. Porro: To the Visa cards, the Master --? Commissioner Carollo: -- the Visa or MasterCard, whatever they are. Mr. Porro: They're able to -- from conversation we've had with them, they can actually have commodity codes added to the card so they can only purchase the things that Assistant City Manager said. Commissioner Carollo: And what are they going to be, Mr. Manager? Mr. Porro: Groceries, pharmacies, utilities. Commissioner Diaz de la Portilla: Utilities. Mr. Casamayor: And utilities. Commissioner Carollo: Okay, and the government will reimburse for that too on those cards? City of Miami Page 85 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Mr. Casamayor: What we've gotten from the County is that they would reimburse us for -- if it does meet the need. So, groceries meet a need, pharmacy meet a need, and utilities meet a need. Commissioner Carollo: Okay. Mr. Casamayor: You know, I'm still waiting for the actual verification on the utilities. So, what I would ask is if it is rejected from the County, that we can, you know, continue on with this and just limit out the utility. Commissioner Diaz de la Portilla: Yeah, I'll amend it to that effect. Mr. Casamayor: Thank you. Commissioner Carollo: Okay. Mr. Casamayor: One other thing that we could do right now and my Procurement Director just let me know is that you could also amend this legislation to approve the emergency right now so we don 't have to come back to have that done retroactively. Commissioner Diaz de la Portilla: So, 1'll add that to -- Commissioner Carollo: That should be. Commissioner Diaz de la Portilla: -- can I add that to my amendment also? Commissioner Carollo: That should he yeah. Vice Chair Russell: Is that a separate motion or a separate item? Commissioner Diaz de la Portilla: It's combined, it's combined. Commissioner Carollo: It could be in the same one, I believe. Commissioner Reyes: Can it be added to it? Commissioner Diaz de la Portilla: I'll add it to my existing motion. Commissioner Reyes: Add it to it, that's it. Vice Chair Russell: Does the seconder agree to all of that? Commissioner Watson: Yes. Vice Chair Russell: All right. Commissioner Watson: So just -- Vice Chair Russell: You're recognized. Commissioner Watson: I'm sorry. Just for my clarity, because we're making orders, so we're going to get that grid again so we know what we have, and then we'll forward names to you in order to be -- suffice, right? Mr. Porro: I'm sorry, I can hardly hear you. City of Miami Page 86 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Watson: You can -- I know it's hard to hear me. Mr. Porro: The grid in terms of the amount of cards you bought? Commissioner Watson: You want to get the grid. Commissioner asked for the grid, so we'll know what it is we're looking at -- Mr. Porro: Absolutely. Commissioner Watson: -- what was already done, what was left, and we're making orders. 1 just want to know -- well be able to do that once we take a look at it and be able to say to you, based on the 72 hours, we'll be able to say to you -- okay. That's fine. Vice Chair Russell: Okay. Mr. Porro: And just for further clarification on the Visa cards or the Mastercard, they need to receive the money as well because they're actually -- there's money on the card, so it's -- there might be a little bit more time to do those. Commissioner Diaz de la Portilla: Well, it is -- it is -- Mr. Chairman, if I may, it is 3:48, Mr. Casamayor, so make sure you get to them before 5 o'clock today so the clock could start ticking. Mr. Casamayor: Yeah. And I believe they might be on the west coast, so they're -- Commissioner Diaz de la Portilla: Oh, got -- Mr. Casamayor: -- you know, Pacific Time -- Commissioner Diaz de la Portilla: Oh, we got to -- all that. Mr. Casamayor: -- so we may actually have a little bit more time. But -- Commissioner Diaz de la Portilla: That's even better. That's even better. Okay. We got -- Commissioner Carollo: And the bottom line for those that are going to be listening at home or those that are here, each card that we give out, based upon a resolution from this Commission, they have to give us a sworn affidavit, which means it 's under the penalty of perjuq. If they lie, there's a consequence. The -- we have to have for each card information from an individual that lives in the City of Miami, their name, their address, a phone number et cetera -- Mr. Porro: ID. Commissioner Carollo: -- including a picture ID of some kind with an address. So, for each card that goes out, we have to keep one of those. And the only concern that I always have in stuff like this that there's so much, so quick, that things can happen. So, I just urge that we emphasize to our staffs that they have to be very protective of these cards, especially if we're going to have Visas or Mastercards for a couple of the districts. Vice Chair Russell: Thank you. Mr. Porro: Mr. -- City of Miami Page 87 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Vice Chair Russell: So -- you need to respond? Mr. Porro: I'm sorry. If 1 can just say it's been a real pleasure working with all of your staff We've been intimately working together. So, I just wanted to share that, as they're doing a lot of hard work and -- in our neighborhood and service centers as well, so -- Vice Chair Russell: Thank you. Mr. Porro: -- thank you. Vice Chair Russell: This is a very good program, and I'm thankful to the administration for their flexibility with us. My secondary concern to actually helping the residents is making sure that we get reimbursed. Madam City Attorney, 1 asked this during my briefing because I noticed in the first round of applications, we needed a notary sign for the affidavit, but in the second round, it was not there. Commissioner Carollo: It's a mistake from -- Vice Chair Russell: I just want to know that the City Attorney is satisfied and the administration's satisfied that we will get reimbursed the way we were currently doing it. Mr. Casamayor: 1 can tell you that we -- the County is not requiring a sworn affidavit Commissioner Carollo: No. Vice Chair Russell: Okay. Mr. Casamayor: -- with a notary. They are just requiring a form explaining the need Commissioner Carollo: Yeah. Mr. Casamayor: -- with the identification of the individual. Commissioner Carollo: Yeah. Commissioner, to refresh your memory, the reason that we got into a sworn affidavit was that I brought that up -- Vice Chair Russell: I remember. Commissioner Carollo: -- that we should have it, not because it was a requirement. And the reason I said sworn, because the Supreme Court of Florida has stated that a sworn affidavit, following the pattern of statute, which we did, is as good as one that, you know, is the old-fashioned, that you get a notary public. And a notary public, as we all know, is burdensome. You got to find -- Vice Chair Russell: Perfect. Commissioner Carollo: -- some, et cetera, and it takes more time. That's why, at that time, I suggested we go with a sworn statement, and that's why it was switched. Vice Chair Russell: Very good. Commissioner Carollo: Staff I guess, didn't quite understand it in the beginning. But, you know, once we explained it again, it was done in the appropriate way that we City of Miami Page 88 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 approved it. Vice Chair Russell: Thank you very much. Is there any further discussion on the item? Vice Chair Russell: Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Commissioner Carollo: To -- Vice Chair Russell: Motion passes as amended. Commissioner Carollo: (UNINTELLIGIBLE) when, Mr. Casamayor, are we going to know how many additional dollars from the next $2 million is each office going to get? Mr. Casamayor: So, I'm going to ask Mr. Porro right now when he 's -- walks back to his desk to put our API -- you know -- Commissioner Carollo: Yeah. Mr. Casamayor: -- the API percentages to the number -- the $2 million. We can figure out what your current balance is right now -- Commissioner Carollo: Okay. Mr. Casamayor: -- and let you know before the end of the day today what your new balances would be. Commissioner Carollo: Well, do that in two different ways. Commissioner Diaz de la Portilla: Yes, separate. Commissioner Carollo: Please. Give us -- you know, because that could mess the equation up, give us the new additional balance just based on that 2 million, and then give each of us a separate amount of what we got left, if any, on the original amount. Mr. Casamayor: You got it. Commissioner Carollo: And I think the rest of us would know how to add it up and figure it out. Mr. Casamayor: Yes, sir. Yes, sir. Vice Chair Russell: All set. All right. Thank you very much. END OF RESOLUTIONS City of Miami Page 89 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 7632 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS", BY DELETING REQUIREMENTS AND DEFINITIONS RELATED TO THE OBSOLETE COCONUT GROVE, MIAMI ARENA, BISCAYNE BOULEVARD, AND RESTAURANT ARCADE SPECIAL VENDING DISTRICTS; PROVIDING FOR PROHIBITIONS AGAINST VENDING IN THE WYNWOOD AND COCONUT GROVE BUSINESS IMPROVEMENT DISTRICTS AND ON ANY RIGHT-OF- WAY ABUTTING A T3 TRANSECT ZONE; FURTHER PROVIDING FOR A MODIFIED MAXIMUM WIDTH FOR VENDING STANDS IN THE RIGHT-OF-WAY; CLARIFYING CONTINUED ALLOWANCE FOR PEDDLING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13947 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number SR.1, please see "Public Comments for all Item(s)." Vice Chair Russell: So, on to the ordinances. Madam City Attorney, if you could have the SRs (Second Readings) and FRs (First Readings) read into the record prior to us taking them up. Commissioner Carollo: I got one more pocket item, remember? Vice Chair Russell: You want to add it to the list? Commissioner Carollo: I got a pocket added that was left, so -- Vice Chair Russell: Oh, no. We all do. We haven't got -- we -- only one we did was P1.1. Commissioner Carollo: Oh, okay, okay. Vice Chair Russell: Yeah. Commissioner Carollo: That's fine. Thank you. Vice Chair Russell: If you could read the -- I knew she was going to call Barnaby. Commissioner Carollo: What -- City of Miami Page 90 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Vice Chair Russell: Because he reads at the speed -- Commissioner Diaz de la Portilla: Of light. Vice Chair Russell: -- of a pharmaceutical commercial. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. SR.1. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: SR.2. The Ordinance was read by title into the public record by Deputy City Attorney Barnabv Min. Mr. Min: SR.3. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: SR.4. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: FR.1 was continued, correct? Vice Chair Russell: That is correct, yes. Mr. Min: FR.2. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: FR.3. The Ordinance was read by title into the public record by Deputy City Attorney Barnabv Min. Vice Chair Russell: Thank you very much. Is the Board open to batching the ordinances together in a single vote or is there any specific item that someone would like to pull to discuss separately? Commissioner Carollo: You said RS.1 [sic], 3, and 4. Vice Chair Russell: 1, 3, and 4 you'd like to take separately? Commissioner Carollo: No, no. I'm saying those are the ones that are left, right? The -- Vice Chair Russell: So, we're taking up SR.1, 2, 3, 4, and FR.2 and 3. If there's a motion to approve all of those -- Commissioner Watson: FR.2 and FR.3 I need to pull out. City of Miami Page 91 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: Let me just see, SR.2, what is -- yeah. We can take them all together. Commissioner Watson: Mr. Chair -- Vice Chair Russell: Commissioner Watson. Commissioner Watson: -- FR.2 and FR.3. Vice Chair Russell: You'd like to take separately? Commissioner Watson: Yes, sir. Vice Chair Russell: So, just the second reading ordinances. Is there a motion for SRs 1, 2, 3 and 4? Commissioner Diaz de la Portilla: So moved. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla. Commissioner Reyes: Second. Victoria Mendez (City Attorney): Chairman? Vice Chair Russell: Seconded by Commissioner Reyes. Madam City Attorney, you're recognized. Ms. Mendez: Remember that SR.4, I believe, is a four -fifths. Vice Chair Russell: SR.4. Ms. Mendez: 4. Vice Chair Russell: Yes. Ms. Mendez: Is a four -- Vice Chair Russell: Yes, I do. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Thank you very much. Any discussion on the dais? All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes for SRs 1, 2, 3, and 4. Thank you very much. City of Miami Page 92 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 SR.2 ORDINANCE Second Reading 7655 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS AND SIDEWALKS"; MORE PARTICULARLY, BY CREATING NEW SECTIONS 54-59 THROUGH 54-62 TO CREATE AN ENHANCED RIGHT-OF-WAY IMPROVEMENT TRUST FUND ("TRUST FUND"); FURTHER REQUIRING THOSE ADJACENT PROPERTY OWNERS REQUIRED TO CONSTRUCT OR RECONSTRUCT STREET IMPROVEMENTS IN CONNECTION WITH CERTAIN BUILDING PERMITS IN AREAS WITH ADOPTED STREET MASTER PLANS PAY INTO THE TRUST FUND IN ORDER TO CAPTURE COSTS FOR SUCH IMPROVEMENTS WHICH MAY INCLUDE NONSTANDARD STREETSCAPE IMPROVEMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13948 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number SR.2, please see Item Number SR.1 and "Public Comments for all ltem(s). " SR.3 ORDINANCE Second Reading 8121 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION DELETING CHAPTER 14, ARTICLE II, DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "DOWNTOWN DEVELOPMENT/DOWNTOWN DISTRICT/DOWNTOWN PEDESTRIAN PRIORITY ZONE", AND AMENDING CHAPTER 54 OF CITY CODE, TITLED "STREETS AND SIDEWALKS"; MORE PARTICULARLY BY CREATING A NEW ARTICLE X, TITLED "PEDESTRIAN PRIORITY ZONES", ESTABLISHING THE LITTLE HAVANA PEDESTRIAN PRIORITY ZONE; SETTING BOUNDARIES, ESTABLISHING STANDARDS FOR PEDESTRIAN COMFORT AND SAFETY, AND PROVIDING THAT THIS ARTICLE SHALL GOVERN IN THE EVENT OF CONFLICTS; FURTHER RECODIFYING AND RENUMBERING THE SECTIONS OF THE CITY CODE RELATING TO THE EXISTING DOWNTOWN PEDESTRIAN PRIORITY ZONE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13949 City of Miami Page 93 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number SR.3, please see Item Number SR.1 and "Public Comments for all Item (s). " SR.4 ORDINANCE Second Reading 8113 Commissioners and Mayor AN ORDINANCE OF THE MIAMI COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 2/ARTICLE X THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/CODE ENFORCEMENT"; MORE SPECIFICALLY BY AMENDING SECTION 2-817(B) OF THE CITY CODE, TITLED "ADMINISTRATION COSTS, FINES; LIENS," TO ALLOW FOR ENHANCED PER DIEM FINES FOR COMMERCIAL PROPERTIES AND TO AMEND SECTION 2-830 OF THE CITY CODE, TITLED "ALTERNATE CODE ENFORCEMENT SYSTEM," TO PROVIDE FOR EXPANDED HEARINGS FOR SPECIAL MAGISTRATES, TO UPDATE SPECIAL MAGISTRATES' QUALIFICATIONS, AND TO AMEND THE SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13950 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number SR.4, please see Item Number SR. 1 and "Public Comments for all Item(s)." END OF SECOND READING ORDINANCES City of Miami Page 94 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 8311 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT;" MORE PARTICULARLY, BY CREATING A NEW SECTION 2-212, TITLED "CERTIFICATE OF USE PROGRAM," TO ESTABLISH A PILOT PROGRAM FOR ONE (1) YEAR TO IMPLEMENT A PROCESS FOR THE APPROVAL OF CERTIFICATES OF USE TO PERMIT VEHICLE STORAGE IN CERTAIN COMMERCIALLY ZONED PROPERTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item FR.1 was deferred to the January 28, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.1, please see "Order of the Day." City of Miami Page 95 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 FR.2 ORDINANCE First Reading 8065 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS DISTRICT, DESIGN DISTRICT AND WYNWOOD PARKING IMPROVEMENT TRUST FUNDS"; MORE PARTICULARLY BY AMENDING SECTIONS 35-220 OF THE CITY CODE, TITLED "REQUIRED OFF-STREET PARKING AND PAYMENT IN LIEU OF REQUIRED OFF-STREET PARKING", AND BY ESTABLISHING NEW SECTION 35-233, TITLED "WYNWOOD NORTE PARKING IMPROVEMENT TRUST FUND, INTENT -ESTABLISHED", SECTION 35-234 OF THE CITY CODE, TITLED "FUNDS MADE AVAILABLE; FINANCIAL REPORT", SECTION 35-235 OF THE CITY CODE, TITLED "SCHEDULE OF FEES AND CHARGES FOR WYNWOOD NORTE PARKING TRUST FUND", AND SECTION 35- 236 OF THE CITY CODE, TITLED "PARKING WAIVER CERTIFICATES; REVOCATION; REFUNDS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number FR.2, please see Item Number FR.1 and "Public Comments for all Item(s)." Vice Chair Russell: We'll take up FR.2. Commissioner Watson, you're recognized. Commissioner Watson: Yes. Commissioners, I'm looking at FR.2 and 3, and I just have a concern regarding this public benefits trust fund. Commissioner Carollo: Commissioner, if you'd like to defer it, I'll be happy to second itfor you. Commissioner Watson: No, no, no, no. We're going to move it. I'm going to try to see -- Commissioner Carollo: Yeah. Commissioner Watson: -- if I can at least give my concerns on the record. And it's two -- in SR (Second Reading) -- FR.2 -- because this is based -- this is long -- in FR.2, I want to make sure when we start talking of primarily affordable housing that the creation of housing unit anew does not kind of disadvantage people who want to stay in these areas. I contend -- as much as staff believes this is done procedurally great -- I think that this beginning of evaluation increase that makes people have to move. So, that being said, rather than just monies being used for the creation of new units, there should be flexibility in those funds that are put in this trust fund so that people who would like to stay, who are on stagnant incomes, people down -trending incomes and now not able to do much to fix their places if they want to stay, some City of Miami Page 96 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 flexibility is given to that trust fund so that they can come in and get monies to do that. That's what I'd like to see as relates to that -- those funds that are being accumulated, that's one. The second one is I'm not sure that any development in this town where a parking lot's going to cost $6, 000 or a parking space, surface or otherwise. And so, I'd like to see that amount that they're contributing to this fund probably be around 20,000. That should be a fair amount to be contributed to the And in this instance. And those are the two things I'd like to see as relates to these companion items. Vice Chair Russell: Thank you very much. That's a recommended amendment. We haven't yet got a motion, though. Is there also a motion on the item? Commissioner Watson: So moved. Commissioner Reyes: Moved. Vice Chair Russell: Moved. Commissioner Reyes: Second. Vice Chair Russell: Is there a second? Commissioner Reyes: 1 second. Vice Chair Russell: Seconded by Commissioner Reyes, moved by Commissioner Watson. Question for the Planning Department: The first amendment that was requested, is that something that is needed to alter the trust fund, or is that already -- can the money already be spent on exactly what he asked for? Jeremy Calleros Gauger: Good eve -- good afternoon. Jeremy Calleros Gauger, assistant director for Planning. We would need to make a change between first and second reading to make sure that we include that for both of your recommendations. Vice Chair Russell: Clearly -- no, clearly, the second one was an amendment. So, the trust fund isn't currently able to be spent in the way that was mentioned in terms of retaining current residents and -- Mr. Calleros Gauger: At the very least, we should clan* the language to make sure that that's allowed. Vice Chair Russell: Got it. So, that would be between first and second? Mr. Calleros Gauger: Yes. Vice Chair Russell: All right. Is there any further discussion? All in favor, say "aye. The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes as amended. That 's FR.2 and FR.3. Moving to boards and committees, please. Todd B. Hannon (City Clerk): I'm sorry, Chair. Vice Chair Russell: Yes. Mr. Hannon: So, the amendment was for FR.2 or for FR.3? City of Miami Page 97 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Vice Chair Russell: So, if you'd like to explain, Madam City Attorney. Ms. Mendez: The Commissioner stated the things he would like to see for second reading, so no amendment of this -- Mr. Hannon: Okay. So, in between first and second adopted as -is -- Ms. Mendez: Yes. Mr. Hannon: -- of part 2 and 3? Vice Chair Russell: So -- yes. I apologize. Not amended in this vote, to be amended - - well, do we change between first and second for second reading vote. Thank you. Mr. Hannon: Understood. FR.3 ORDINANCE First Reading 8064 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING/PUBLIC BENEFITS TRUST FUND"; MORE PARTICULARLY BY ESTABLISHING A NEW SECTION 62- 647 OF THE CITY CODE, TITLED "NRD-2 PUBLIC BENEFITS TRUST FUND; INTENT", SECTION 62-648 OF THE CITY CODE, TITLED "ESTABLISHED", AND SECTION 62-649 OF THE CITY CODE, TITLED "FINANCIAL REPORT"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number FR.3, please see Item Number FR.1 and "Public Comments for allItem(s)." END OF FIRST READING ORDINANCES City of Miami Page 98 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.1 8266 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: of the Bayfront Park Management Trust of the Downtown Development Authority of the Midtown Community Redevelopment Agency of the Omni Community Redevelopment Agency of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS VICE CHAIRPERSON: of the Midtown Community Redevelopment Agency of the Omni Community Redevelopment Agency of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS MEMBER: of the Greater Miami Convention and Visitors Bureau of the Florida League of Cities of the Miami -Dade County League of Cities of the Miami -Dade County Tourist Development Council of the Miami River Commission City of Miami Page 99 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.2 8151 Office of the City Clerk MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item BC.1 was continued to the January 14, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number BC.1, please see "Order of the Day." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson City of Miami Page 100 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.3 8152 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson City of Miami Page 101 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.4 6672 Office of the City Clerk BC.5 7596 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Jeffrey Watson Commission -At -Large City of Miami Page 102 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.6 6956 Office of the City Clerk BC.7 7961 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gabriel Paez Civilian Investigative Panel RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Jeffrey Watson Commission -At -Large City of Miami Page 103 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.8 6958 Office of the City Clerk BC.9 8153 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Jeffrey Watson Commission -At -Large Commission -At -Large City of Miami Page 104 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.10 6734 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson Commission -At -Large Commission -At -Large City Manager Arthur Noriega, V City of Miami Page 105 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.11 5547 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Jeffrey Watson Commissioner Jeffrey Watson City of Miami Page 106 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.12 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Jeffrey Watson Commissioner Jeffrey Watson IAFF FOP AFSCME 1907 AFSCME 871 City of Miami Page 107 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.13 8154 Office of the City Clerk BC.14 7963 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson City of Miami Page 108 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.15 8267 Office of the City Clerk BC.16 8269 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Jeffrey Watson RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Jeffrey Watson Commission -At -Large Commission -At -Large City of Miami Page 109 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.17 8268 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI 21 REPORT AD HOC TASK FORCE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Alisa Cepeda ENACTMENT NUMBER: R-20-0413 NOMINATED BY: Commissioner Jeffrey Watson MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: Then it's DI.3, discussion, request for proposals received. Is this Commissioner Diaz de la Portilla's item? Commissioner Watson: Yeah, and he's still -- Vice Chair Russell: We'll table that for now. Commissioner Watson: He's still out. Vice Chair Russell: I would like to move into the Planning Zoning agenda. Commissioner Watson: Mr. Chair. Vice Chair Russell: Yes, sir. Commissioner Watson: Quick question. I guess I -- maybe I was confused earlier when Commissioner Carollo tabled all the boards appointments. I thought it meant all. I didn't know -- Commissioner Carollo: No. Commissioner Watson: -- it was only one. Commissioner Carollo: Table -- I didn't table all the boards appointment. Commissioner Watson: Okay. Then I was confused on that. So, let me -- can I do something with BC.17? Vice Chair Russell: BC.17. Commissioner Carollo: Yeah, if you got any boards -- Vice Chair Russell: Miami 21 report ad hoc task. Would you like to appoint City of Miami Page 110 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 somebody? Commissioner Watson: Yes, Alisa Cepeda should be added. Alisa Cepeda, who is on. She should be added. They need her jbr a quorum. I spoke to her, seems quietly capable and helpful to the process as far as someone to make sure they -- Commissioner Carollo: What board is that? Vice Chair Russell: This is the Miami 21 Ad Hoc Task Force, meets the criteria or whatever is necessary. Is there a motion? Commissioner Watson: Yes, sir. Commissioner Carollo: Do they have to live in the City of Miami or --? Commissioner Watson: Yeah, she lives in the City ofMiami. Commissioner Carollo: Okay, all right. Commissioner Watson: She's up on northeast and she's already on it. She's an engineer, yeah. Todd B. Hannon (City Clerk): And Chair, just so you know, she was previously serving on the committee. So, really, it's just a reappointment. Vice Chair Russell: Understood. Is there a second? Commissioner Carollo: Second. Commissioner Reyes: Second. Vice Chair Russell: Seconded by Commissioner Carollo. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 111 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.18 8155 Office of the City Clerk BC.19 8156 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI COMPLETE COUNT COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Jeffrey Watson Commissioner Jeffrey Watson City of Miami Page 112 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.20 7261 Office of the City Clerk BC.21 8157 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI RIVER COMMISSION FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commission -At -Large RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marlon Hill (unexpired term ending June 14, 2023) ENACTMENT NUMBER: R-20-0411 Off -Street Parking Board (At -Large Appointment) MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Vice Chair Russell: All right. Boards and committees. Todd B. Hannon (City Clerk): Good afternoon, Commissioners. BC.21, Off Street Parking Board. The Off=Street Parking Board has nominated Marlon Hill for City Commission confirmation for an unexpired term ending June 14, 2023. Vice Chair Russell: Is there a motion? Commissioner Reyes: Move it. City of Miami Page 113 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.22 3693 Office of the City Clerk Vice Chair Russell: It's been moved by Commissioner Reyes. Commissioner Diaz de la Portilla: Second. Vice Chair Russell: Seconded by Commissioner Diaz de la Portilla. All in favor, say "aye. The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Mr. Hannon: Thank you, Chair. That does it for the boards and committees. Vice Chair Russell: That's it. All right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large City of Miami Page 114 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.23 5453 Office of the City Clerk BC.24 5844 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Jeffrey Watson Commissioner Jeffrey Watson RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AND CONFIRMING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Lynn Lewis NOMINATED BY: Mayor Francis Suarez Commissioner Ken Russell Commission -At -Large National Trust for Historic Preservation City of Miami Page 115 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BC.25 7246 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Jeffrey Watson City of Miami Page 116 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 BU.1 6747 Office of Management and Budget BU - BUDGET DISCUSSION ITEM MONTHLY REPORT I SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Vice Chair Russell: So, Mr. Casamayor, you're going to give us the budget? Fernando Casamayor (Chief Financial Officer/Assistant City Manager): Yes, sir. This is a very easy quick discussion. We have one month of actuals in the books. Typically at this time of year, it's very, very difficult to predict and project any information moving forward other than what was budgeted because it's only one month and the month of October is typically a slow month when it comes to any revenues that are collected. So, the budget update I can give you is that at the moment we're still projecting to come on, you know, in budget for this fiscal year. Vice Chair Russell: Thank you. Any questions? Commissioner Carollo: No, just a statement. Apparently, some of our budget people, or past budget people, every month of the year was a hard budget -- that was a hard month to predict what was coming into the future. But you know, I won't say anything other than that. I just hope we pick a sharp budget director. Vice Chair Russell: Thank you. Any further discussion? Commissioner Carollo: Thank you. Vice Chair Russell: We'11 close that item. END OF BUDGET City of Miami Page 117 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 8299 A DISCUSSION REGARDING SILVER BLUFF TRAFFIC ISSUES. Commissioners and Mayor MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item DLI was continued to the January 14, 2021, City Commission Meeting. Note, for the Record: For minutes referencing Item Number DLI, please see "Order ofthe Day." DI.2 DISCUSSION ITEM 8303 A DISCUSSION REGARDING A CHARTER AMENDMENT. Commissioners and Mayor RESULT: DISCUSSED Note for the Record: For directive referencing Item DL2, please see Item NA.9. Vice Chair Russell: Madam City Attorney -- and I wanted to listen to everyone and fully respect the points of view. Commissioner Carollo, especially you've been through enough police chiefs to know the consequences of selecting well and selecting poorly. So, I want to respect that very much and I recognise how important it is to you that we have some sort of input, but I do see the Charter in a way that the City Attorney does as well. The words "take part in" really would preclude us, in my opinion, from making a motion or a direction to the Manager on anything having to do with the process of how he should do it, and potentially even further -- and it could be interpreted -- and it could be wrong, but it could be open to challenge, a charter violation, if there were a public hearing where we were present and there were interviews going on. It could be construed as taking part in. And so, I could be wrong, but in an abundance of caution, I've chosen to try to stay as removed from this process cis possible. And the discussions we've had so far on the dais, I believe, are fully safe within the charter to discuss the process of what we were allowed to do. Nowhere in out- discussions have we recommended the Manager who he should choose, how he should do it. But when I did receive the binder that started to narrow down selection and then discussed about the board, I actually sent it back to the Manager with a thank you very much just because I -- out of abundance of caution, I do not want to be construed as taking part in the selection process. And if we were to have a meeting, I would recommend you do it as a special meeting. And I have to be very honest, I would not attend because I really concerned that this could be construed as a charter violation. Whether it's right or wrong, we could get challenged on that and the consequences could be pretty significant for us. City of Miami Page 118 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: Well, Chairman, look, we're bound basically to go with the opinion of the City Attorney and particularly in things of the sort. So, I'm not about to challenge that. What I jolly intend to do -- and this is why I had my item on discussion and charter -- after I would hear this whole conversation, then I'm prepared when that item comes up to have a discussion between us, hopefully brief, where we will instruct the City Attorney how to go about in writing a charter change. There'll be plenty of time for discussions between her and each of us individually, then for it to be right back, so that the charter would be changed beginning November. We put to a vote that I believe will pass. And the charter will be changed beginning November for this Commission and future commissions in the City of Miami, so that you guarantee for the future a real, fully transparent process. Look, 1 wasn't going to say this, but these are the facts, how things have been done in the past and not so much in the past. I was very young. There was an opening for a police chief. The same charter -- same charter -- but we were all big boys, we all know how things are done. So, it was the Manager that was there trying to appease me that he wants to name so-and-so police chief. And so that 1 would be pleased, he offers me to pick the assistant police chief the main one, and I declined, and the guy that he felt that I wanted also declined. And I'm glad that he did because he showed me that he had principle. And this is many, many years ago. And I'll leave it at that. That's why I want for the future, for the voters of Miami to guarantee for themselves a very transparent, open process that would assure them the best opportunity to pick the best every time there's an opening for a police chief a fire chief or a budget director. Those are three extremely important positions that future commissions need to have a say so in an established, transparent way that they can't deviate from. Vice Chair Russell: Thank you very much. Is there any further discussion on the issue? Commissioner Carollo: No. And if that passes and the wrong person is chosen based on politics, not on professionalism, then this Commission can make changes in November. I just wanted to leave that there. That 's okay though, right, Madam City Attorney? I'm not saying anything that I shouldn't? Ms. Mendez: No, you're fine. Commissioner Carollo: Thank you. Okay. I just wanted to know. Vice Chair Russell: Thank you. DI.3 DISCUSSION ITEM 8306 Commissioners and Mayor A DISCUSSION REGARDING REQUEST FOR PROPOSALS FOR CITY OF MIAMI OWNED MARINAS AND ADJACENT PROPERTIES. rRESULT: DISCUSSED Note for the Record: For directive referencing Item DL3, please see Item NA.10. Vice Chair Russell: Commissioner Diaz de la Portilla, we were about to take up D113, request for proposals for City of Miami -owned marinas and adjacent properties. Commissioner Diaz de la Portilla: Thank you, Mr. Chair. What I had in mind -- and I'm going to try to make it as brief as possible -- I just want sort of to put the issue out City of Miami Page 119 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 there. And I think the administration -- I had spoken to Mr. Casamayor yesterday -- was going to do a brief presentation on the status of our existing marinas, the ones that the City owns that are not leased or under lease and sort of give us an idea of what those marinas do and what they're generating for our city and some of the more detailed analysis of the possibility, perhaps, that we can maybe issue some RFPs (Requests for Proposals) for different marinas, not only the Rickenbacker Marina. Because it appears to me -- and I think it's pretty clear to the rest of the Commission that there's sort of a stalemate as to what's going to happen with that Rickenbacker Marina. And the problem with that is that if we go through a whole RFP process just Jrothat marina, we may very well end up exactly where we are today, or the process that we started six years ago or something like that. And we weren't here. I think Commissioner Reyes wasn't here, or Commissioner Carollo wasn't here. I think you were the only one here, Commissioner Russell. And -- so, to start again an RFP process just for that marina, from my perspective, is going to probably end up in the same quagmire that we find ourselves in now with that marina. So, we have a number of city -owned properties that are not generating the revenues that marinas should be generating for our city, in my opinion. I think a lot of experts agree on that. And I would like to have sort of the lay of the land, an idea of where we are today, and perhaps the possibility that this Commission consider at least directing the Manager to begin an RFP process for the Bayside Marina, for Dinner Key, for the Rickenbacker, the combined -- our own marina plus the existing Rickenbacker so that the different players and different marina operators or builders can bid for different marinas and sort of everybody get something and the City gets a lot in return and we at least have some world -class marinas in our city, which is really my ultimate goal. Because to me it's never really mattered who does it. What really matters is that it's done by someone that's really -- will build a world -- will really build a world -class marina for us. So, that's -- if we don't know what the lay of the land is today, then we can't make intelligent and informed decisions as to where we want to move moving forward. It may well -- very well be that, at the end of the day, we decide that the marinas should be operated by the City of Miami and remain being operated by the City of Miami. That could be the decision. We don't have to take -- we just have -- don't have to take up any RFP or put out any RFP. But what I want to do is sort of explore the options that are available for our city to be able to generate revenue because I see dark economic times ahead for our city and I want to explore every possibility to not only develop a world -class marina but to create a real revenue - generating -- real revenue generators for our city. Commissioner Reyes: Yes. Vice Chair Russell: Agreed. Commissioner Reyes, you're recognized. Commissioner Reyes: Yes. I think I got your point, Commissioner. But I think what, particularly in your last sentences, what we really need is an in-depth analysis of the city -administered marinas versus private administered marinas. And it's going to be a comparison that we should make and get that -- at least get a -- an in-depth analysis so we can determine if it is worthy to place those marinas -- place an RFP on those marinas. And also, there are certain things that have to be taken into consideration, you see. I'm a firm believer that we have to not onlv make money, but we have to also offer services and provide -- I mean, those type of services to our residents. And there are marinas, for example, in here, in Dinner Key that we have -- people because they own a boat, they're not rich, you see. And we have to balance that, and that's what I would like to see, you see, before we are jumping -- jump into an RFP for all the marinas, you see, because it might be that some marina will warrant -- I mean, because if they -- it require extensive investment or whatever in order to bring it up to par, then we should go in the private sector, or we should keep it because it doesn't net -- that's the type of analysis that I would like to see. As a matter of fact, Commissioner Diaz de la Portilla, I've been asking for that, you see. I've been asking City of Miami Page 120 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 for that. I think that the only thing that we have to do is give a directive to the Manager to please bring us that type of analysis. Vice Chair Russell: Well, I think the first question to ask is: Mr. Casamayor, do we have a director of Real Estate Asset Management? Because our assets have so much potential, we need strong leadership in that position. Commissioner Reyes: Sir -- sir, with due respect -- with all due respect -- Vice Chair Russell: Yes. Commissioner Reyes: You see, because you're a real estate expert? Vice Chair Russell: I'm not. Commissioner Reyes: You are not -- Vice Chair Russell: No. Commissioner Reyes: -- an expert in marinas. Vice Chair Russell: That's my point. Vice Chair Russell: (UNINTELLIGIBLE). Commissioner Reyes: I'm neither. But I think -- I think that -- Vice Chair Russell: I want a new director. Commissioner Reyes: What I think -- even a director -- because we had a director before that didn't know nothing about marinas, didn't know the first thing about marinas. And that's another thing that 1 want to keep clear here, and make very, very clear that whenever we are going to place an RFP, and it's going to be evaluated, and it is a specialty, like marine operation, it should be evaluated by people that are experts in marina, even if we have to hire them and pay them. Because I am an economist, and if you are now getting me to evaluate any marinas, the first thing that I will have to do is spend about four months -- I mean, getting -- getting acquainted with what a marina is. And I'm trained in order to analyze businesses. Imagine a person that only works on procurement. And it is fine in procurement -- a person that works in procurement buys things, you know. They get prices from one place or another and makes a decision, but doesn't know anything about marinas, doesn't know about the complexity of running any business. And when I say marina, I'm talking about restaurants or whatever type of business there. We should be evaluated by experts in order for us to avoid the previous or the past problems that we had. Vice Chair Russell .• Thank you. Mr. Casamayor, where's our expert? Commissioner Diaz de la Portilla: That's the point, right? Fernando Casamayor (Chief Financial Officer/Assistant City Manager): So, I think the first question was do we have a Real Estate and Asset Management director right now. We are in process to recruit one. In the meantime, I am serving in the capacity, just kind of watching over the shop. I am not a realtor, and I am not a marina expert. I know a lot about real estate taxes, but that's the limitation of my real estate knowledge. I do have Mr. Mark Burns here, who's our leasing manager. He can give some information regarding the marinas that was requested yesterday at a briefing. I don't know if we're going to have enough information to fully satisfy the entire City of Miami Page 121 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commission, but we can tell you what we have so far. Commissioner Reyes: Okay. Commissioner Carollo: If -- Vice Chair Russell: Commissioner. Commissioner Carollo: -- if I can, because I really want to cut through the chase. This is Christmas. Holidays are corning. We're -- all of our office should be -- certainly mine is right now -- all my staff is filling in bags for the holidays for the most needy in my district, and that's where I need to get to the minute I'm done here. Commissioner Reyes: I move for adjourning. Commissioner Carollo: I -- well, I'd like to, quickly. I don 't want to get into something that -- Commissioner Reyes: Yeah. Commissioner Carollo: -- we're going to be here for hours. The -- you know, this is time for a discussion but not for a presentation. Commissioner Reyes: Yeah. Commissioner Carollo: That's, you know, way over. Commissioner Diaz de la Portilla: Mr. Chair. Commissioner Carollo: I am open -- Commissioner Reyes: So am I. Commissioner Carollo: -- and I've been open since I was mayor, to the process of putting up for request for proposals, city -owned marinas. In fact, I'm surprised that you didn't read all my ideas just before I left that are still collecting dust on this particular marina. That's a challenge to you. Go find it because you're going to see just how vigorous it was. We could have MarBay in Miami, and I'll leave it at that. But the three things that I'm going to need -- first of all, I think each of us should meet with the Manager and discuss his ideas, and for us to share ours with him, and then come back. But one of the things -- three that I'm going to be having to look at -- and this is not something that you're going to get overnight -- is going to be, one, on the city -run marinas, I want to see, for the last five years at least, how much have they produced in revenue. Commissioner Reyes: That's right, analysis. Commissioner Carollo: Two, I would like to see real estimates, not Mickey Mouse ones, of how much they could produce if they were at market rate revenues. Three, I would like to see estimates of what we're estimating we can get if the private sector was running them. Fourth, which is a lot harder, what additional things can we add on to the marinas, not necessarily in the water, that could bring even more revenues and bring -- make them much more attractive. Commissioner Reyes: Mr. May -- Mr. -- Commissioner Carollo: You know, the process of going with RFPs is not one that you City of Miami Page 122 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 just say, boom, put an RFP. Commissioner Reyes: No, no, no. Commissioner Carollo: It doesn't work that way. Commissioner Diaz de la Portilla: I know. Commissioner Reyes: But Commissioner -- Commissioner Diaz de la Portilla: But the problem is it's not boom. Vice Chair Russell: He was waiting. Commissioner Diaz de la Portilla: The prob -- I'm sorry. Vice Chair Russell: You were waiting, and then Commissioner Reyes. Commissioner Diaz de la Portilla: Yeah, yeah. Commissioner Carollo: But I'm not even finished. Commissioner Diaz de la Portilla: Oh, 1 'm sorry. Okay then, finish. Commissioner Carollo: The -- I'm going to tell you where this whole process went wrong, that you had two RFPs and one marina. Because there was no transparency in that process, beginning with the actual request for proposal, how it was written. Two, you have one man choosing the people in the committee. You know, in all frankness, what does a manager for a retail establishment place knows about marinas? She might have been, you know, someone good if you wanted people to vote a certain way, if she was in the inside, and she was, but certainly didn't know anything about marinas. And another lady that ended up working for the people she was grading not soon after she finished grading. I could go on and on and on. So, the request for proposal has to go through this Commission carefully so it's not done in such a way that it's going to be slanted with anyone already. In other words, that it's not going to have a name already on it of who 's going to get it, because that's the easiest thing in the world to do is slant a proposal so that, basically, one person will have the advantage in getting it. Secondly, the people that are going to be in the grading committee have to be utmost professionals in the field. It has to be a transparent process, just like I talked about before with a police chief. And each of us will be the ones naming someone in the committee. It's the only way you're going to find some balance. And we got to establish that they have to be a professionals in certain fields, that we have the -- enough wiggle room to choose one. So, I would respectfully request that, instead of being here for hours, that we come back sometime in the near future after we -- each of us can sit with the Manager, express to him our thoughts, get from him his, and then we come back so we could have a more intelligent discussion at this. And you could hear all the presentations you want yourself I'll be ready to give you one myself back when -- 2001 when I was mayor. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Thank you. The MarBay in Miami that you speak about is not a reality in 2020. And you were mayor in 2001, and you had all the blueprints, and I agree with everything you said today, by the way, the intelligent discussion, the -- all the four points that you made about all the -- how we need to City of Miami Page 123 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 balance. But we had to start somewhere. So, the MarBay in Miami, with all due respect, Commissioner, never happened. And it -- we -- Commissioner Carollo: Well, first of all -- Commissioner Diaz de la Portilla: Well, I'm not finished because you -- Commissioner Carollo: Go ahead. Commissioner Diaz de la Portilla: I didn't interrupt you. 1 didn 't interrupt you. Commissioner Carollo: You don't even know what 1 have -- Commissioner Diaz de la Portilla: Well, I don't have to. Commissioner Carollo: -- in mind for MarBay in Miami. Commissioner Diaz de la Portilla: No, but I know -- you challenged me to look at your plans, and I will, but I can look at the marinas today, in 2020, and none of that came to fruition. So, what I'm saying is that we need to do something -- this has to be in 2020 since -- there has to be a sense of urgency, not in the near future, not maybe some other day. No one wants to rush to an RFP today, but at some point, we have to make the time commitment to be here and listen to the presentations. Not today, that's -- I'm okay with that too, but not in the near future, not in another 10 years, not in another 20 years when none of us are here. Commissioner Carollo: No, no, no. I'm not saying it's going to be that long, believe me. Commissioner Reyes: Well, if we want a MarBay in Miami, which I agree with you, or at least a San Diego in Miami, then we have to begin that process at some point. So, the discussion -- the purpose of the discussion item was to have -- since we can't have private conversations about it, was to have a public -- some sort of public conversation so that I can get a feeling, and all of us can have a feeling what each -- each one is -- of us is thinking as to where we want to go. What I've seen from my end, because I've been here on a number of issues, and this one seemed to be the most -- the poster child for no -- for lack of finality, is a year's long process, five, six, seven years of a fight between different vendors for one marina. And last meeting I find that nothing happened, and we're back to square one. So, the idea for the discussion item was to say, well, what -- what's the will of this Commission to move forward to find some finality and to find -- to build that MarBay in Miami that you spoke -- speak about, and to actually get it done. Is it an RFP process? Is it they come to us eventually with some unsolicited bid? Is it -- all these things. But we have to have a time certain that we say we're going to have -- dedicate the hours and put in the time. It doesn't have to be before Christmas. It could be after Christmas, but it can't be next Christmas. It has to happen soon because the city is going to enter -- when are we going to embark in a process of picking and making and building a world -class marina for our city? I don't want to be termed out, which is what happen -- what could happen here, and you'll be termed out before me -- in two years, right? -- and still walk awayfrom om this job at a late age in my life that -- and there's no marina, and leaving no -- no shovel has gone in the ground and no determination has been made by this Commission or any future Commission. That's my only concern, that we're not moving forward. Commissioner Carollo: I -- Commissioner Diaz de la Portilla: And that we -- City of Miami Page 124 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: -- hope you give me that same urgency for low-income housing, that nothing seems to be done -- Commissioner Diaz de la Portilla: Absolutely, absolutely. I think those are issues -- Commissioner Carollo: And you also promised housing. Commissioner Diaz de la Portilla: Absolutely. Commissioner Carollo: So -- Commissioner Diaz de la Portilla: I'm ready for your proposal. Commissioner Carollo: -- I rather put my effort into that right now, but on what you stated, what I'm stating is that we have to follow a certain process. Commissioner Diaz de la Portilla: I agree. Commissioner Carollo: Not today. You come ready to discuss this. You know that this is going to be a long talk -- Commissioner Diaz de la Portilla: 1'in not ready to discuss -- Commissioner Carollo: -- and particularly if I'm going to get into it, I'm going to make sure it's going to be done right. Commissioner Diaz de la Portilla: Just give me the date when you want to do it, but we have to have a date. Commissioner Carollo: We will bring it in February. Commissioner Diaz de la Portilla: February? Commissioner Carollo: We have plenty of time in January, to meet with the Manager. And then on that meeting, we could discuss. Bring any presentation you want. We will discuss then what we want the Manager to do and the process that we want to do it. Vice Chair Russell: Commissioner Reyes. Commissioner Reyes: Yes. Let me tell you something. Sometimes we -- I don't know, it's a tendency that many people have -- we talk about the same thing. And it sounds like if we were talking -- I mean, that we are expressing different views. All of us want to do something with the marinas, but there's a process, as Mr. Carollo says. And everything that, Commissioner Carollo, you enumerated has to be part of what I requested from the City Manager to Mr. Casamayor. I want an in-depth analysis, and that way we 're going to know how much we'll -- or those marinas are producing, what will be -- they will be producing if instead of -- I mean, given the going rates and the capacity. And they are -- I mean, can we increase the capacity? How much is needed for them to increase that capacity, as you say, Mr. Carollo. What additional uses can we have? All of those, the questions, it is what 1 want to see incorporated in that analysis. From there -- from that analysis, we can decide if it is -- if it warrants to go on a RFP for that marina or if that marina is working at -- is -- I mean, it's profitable. And nothing will be changed by giving it -- or as a matter of fact, we might lose money but -- by making it -- going into partnership with a private company. But in order to do that, we need numbers, we need an analysis -- an in - City of Miami Page 125 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 depth analysis. It is like running. You have to crawl, walk, and run. Commissioner Diaz de la Portilla: Well, I think we've been crawling for seven years, and actually, for 20 years, ifyoulook at the class of our marinas today. So, I think it's time to begin to at least -- Commissioner Reyes: Absolutely. Yes, I agree with you. Commissioner Diaz de la Portilla: So let me ask you. You want an analvsis. So, then the obvious question is: Who's going to do the analysis? Commissioner Reyes: Well, that's -- why we have a -- Commissioner Carollo: Listen, hold on, hold on, hold on, hold on. Commissioner Reyes: That what we have a -- Commissioner Carollo: What I've asked for is not to get in a prolonged discussion. You know, you've been here a year. Commissioner Diaz de la Portilla: I know. Commissioner Carollo: This is the first time you're worrying about the marinas. Commissioner Reyes: No. 1 've been worrying about the marinas for a long time. Commissioner Carollo: You've been a citizen here for a long time. Commissioner Diaz de la Portilla: No, no, I question how long you've been here, Commissioner. Commissioner Carollo: I never heard you get worried so much about the marinas before. Commissioner Diaz de la Portilla: Because I've been here for one year. But you talked about you being -- you having it since 2001, about having a MarBay in Miami, and we don't have a MarBay in Miami. Commissioner Carollo: Yeah. And we don't have housing. That 's the most important thing for me, Commissioner. Commissioner Diaz de la Portilla: For you. And for me it's -- Commissioner Carollo: Housing. Commissioner Diaz de la Portilla: -- for both. The point here -- Commissioner Carollo: Why aren't you showing the same interest in housing? Commissioner Diaz de la Portilla: I'm interested in housing. I'm interested in everything. Commissioner Carollo: Why don't you push the City Manager on housing -- Commissioner Diaz de la Portilla: I have, I have. I have pushed. Commissioner Carollo: -- the same way you're pushing him on marinas? City of Miami Page 126 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Diaz de la Fonda. No, I'm not pushing anyone. What I'm doing is I'm offering my idea after being one year here -- Commissioner Carollo: Okay, then I'm asking you -- Commissioner Diaz de la Portilla: -- on the marina. Commissioner Carollo: -- to table this right now. I don 't want to here all day on this. Commissioner Diaz de la Portilla: Well, you don't have to be here all day. Commissioner Carollo: I've stated already -- Commissioner Diaz de la Portilla: But I would like to have a discussion item to -- Commissioner Carollo: -- the process that I want to follow. Commissioner Diaz de la Portilla: I have the right -- Commissioner Carollo: If you don't want to follow it, that's fine. Commissioner Diaz de la Portilla: Everybody listens to your discussion items when you have a discussion item. Every Commissioner here has a right to have a discussion item -- Commissioner Carollo: And we -- Commissioner Diaz de la Portilla: -- and to talk about it. Commissioner Carollo: -- we gave you a discussion item. Commissioner Diaz de la Portilla: And I'm -- but I'm not finished speaking. Commissioner Carollo: But you want to force it to -- Commissioner Diaz de la Portilla: I'm not forcing anything. Commissioner Carollo: But you are now, and you can't do that. Commissioner Diaz de la Portilla: I'm notforcing anything. Commissioner Carollo: Yes, you are. Commissioner Diaz de la Portilla: I have a -- I am not. I have a right to speak on this dais as much as you do and any other Commissioner. Commissioner Carollo: Absolutely you do. Commissioner Diaz de la Portilla: And when we discuss an item, and you go on and on and on and -- Commissioner Carollo: But you don't have the right -- Commissioner Diaz de la Portilla: -- (UNINTELLIGIBLE) speaking. I have a right. Commissioner Carollo: You don't have the right to push something -- City of Miami Page 127 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Diaz de la Portilla: 1 have a right -- Commissioner Carollo: -- to push something -- Commissioner Diaz de la Portilla: I have a right to -- Commissioner Carollo: -- without coming to a conclusion. Commissioner Diaz de la Portilla: I have -- well, really? Really? Commissioner Carollo: Well, what is the endgame that you want? Tell me. Commissioner Diaz de la Portilla: No, no, really? Really? I have -- Commissioner Carollo: Really what? Commissioner Diaz de la Portilla: I have a right to speak as long as I want to speak because -- Commissioner Carollo: Go ahead. Commissioner Diaz de la Portilla: -- because you do it, right? So, everybody (UNINTELLIGIBLE) -- Commissioner Carollo: Absolutely. Commissioner Diaz de la Portilla: Everybody here has a right to address this Commission, especially an elected official like me, to talk about an issue that matters to him. Of course, affordable housing matters to me. Of course, it does. Marinas matter to me. Murals matter to me. Every issue that I've been -- Commissioner Carollo: Well, then let's bring up affordable housing next, okay? Commissioner Diaz de la Portilla: We will. And you could call a special meeting, as I've called two of them, remember? I've called two special meetings -- Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: -- for affordable housing. Everybody has ideas but nobody's come forward with a plan. I'm trying to come forward with a plan. Commissioner Carollo: I come, forward with a plan. I gave it to the Manager. Commissioner Diaz de la Portilla: That's a -- Commissioner Carollo: The Mayor and I discussed it. The Mayor tells me he's as frustrated as I am. Commissioner Diaz de la Portilla: That's -- Commissioner Carollo: And nothing is happening. Commissioner Diaz de la Portilla: That's an issue between you and the Manager and us and the Manager, and I agree with you. Commissioner Carollo: No. It's an issue for the Commission. City of Miami Page 128 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Diaz de la Portilla: But the fact that there's a discussion -- you have a number of discussion items today on a charter amendment changes. So, you have, and every Commissioner has a right to have a discussion item and discuss things. My discussion item is on marinas because I think it's a great opportunity to have revenue generated for our city. You could have a discussion item -- Commissioner Carollo: But no one is saying no to you. Commissioner Diaz de la Portilla: Okay. So, what 1 want -- Commissioner Carollo: What I'm saying to you, Commissioner, is that we table this until February until each one of us speak to the Manager. Commissioner Diaz de la Portilla: But I'm not disagreeing with you. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: What I'm saying is that what I want -- no and this Commissioner Carollo: But why do you keep going forward? Commissioner Diaz de la Portilla: Because I have a right to speak. I'm not going forward. Commissioner Carollo: Because you want to want to keep speaking and speaking. Commissioner Diaz de la Portilla: I have a right -- Commissioner Carollo: You keep taking up the meeting. Commissioner Diaz de la Portilla: Listen, the one that speaks and speaks is you. Please. I have a right to speak as much as you do. I'm a Commissioner like you are, sir. Commissioner Carollo: Absolutely you are. Commissioner Diaz de la Portilla: But I have a right to speak as many times as I want to speak and as long as I want to speak. No one has ever cut you off from speaking Commissioner. Commissioner Carollo: And I'm not cutting you off. I'm just saying -- Commissioner Diaz de la Portilla: All I'm asking -- Commissioner Carollo: -- that we're not getting anywhere in this. Commissioner Diaz de la Portilla: Well, we are getting somewhere -- Commissioner Carollo: Now bring it to an end. Commissioner Diaz de la Portilla: If you allow me to finish, I think we're getting somewhere, and we're getting somewhere -- it's not to push the issue today. I already said that I agree with your point of view. What we 're trying to do is to establish a titneframe to find finality for this particular issue. Is it going to be February? Is it going to be at the end of next year? I don't care when it is, at the end of the day, but City of Miami Page 129 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 we have to have a timeframe in place so that we know who is going to do a study. Is it going to be the sane people that did -- an in-house study? Is it going to be an outside study, someone else doing it? Who 's going to come to us with the -- what Commissioner Reyes and you have recommended the four of his points that you pointed out to come to us with ideas of what needs to be done. It 's not just saying, "Well, it's Christmas and I don't want to do it now." I under -- I get that, but we also have to have -- say, on the first week of Februaiy, let's come back with a study or let's commission a study so that we know what we're doing. And it may not be an RFP. It may be, you know, that we decide to give it to someone and give another marina to someone else or to -- the City can run it. Commissioner Carollo: Mr. Diaz de la Portilla, you really didn't listen to a word I said. You keep -- Commissioner Diaz de la Portilla: I did. I just -- Commissioner Carollo: You keep wanting to push this RFP like it was (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Nobody's forcing an RFP. I have a different point of view than you do, Commissioner, and I have a right to have the -- Commissioner Carollo: Well, you definitely have a much different point of view than I do. Commissioner Diaz de la Portilla: Absolutely. And I -- Commissioner Carollo: And I know why. Commissioner Diaz de la Portilla: And -- no, and I know why you do too. Commissioner Carollo: Absolutely. Commissioner Diaz de la Portilla: So, I -- and I don't know why you do too. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: But we're not going to get into that because there's -- you may try to personalize it. I'm not personalizing it. Commissioner Carollo: I'm not personalizing anything. Commissioner Diaz de la Portilla: All I'm saying is that I disagree with you. And all I'm saying is that I have a right to have a discussion item as much as you do. Commissioner Carollo: Absolutely. No one is saying that -- Commissioner Diaz de la Portilla: I don't appreciate being -- Commissioner Carollo: But what I'm saying is -- Commissioner Diaz de la Portilla: I have never cut you off Commissioner Carollo: What -- as one vote, I am not going to be pushing an RFP -- Commissioner Diaz de la Portilla: Then we won't. City of Miami Page 130 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: -- in the way that you're doing, that you -- Commissioner Diaz de la Portilla: The -- Commissioner Carollo: -- what you're asking for now is for the -- come back February, so we push the RFP. Commissioner Diaz de la Portilla: That's not what I'm asking for. What I'm asking for is when we come back in February, come back with a study so we can have a conversation about it. If you don't want to have the comment -- Commissioner Carollo: You can't have the studies that you want, and you want the studies so you could push the RFP right away. Commissioner Diaz de la Portilla: No, I don't want a study -- Commissioner Carollo: If you're going to have studies they have to be done -- Commissioner Diaz de la Portilla: Right. I want -- Commissioner Carollo: -- in a proper way. Commissioner Diaz de la Portilla: Well, what is that proper way? Commissioner Carollo: Well, 1 just stated to you -- Commissioner Diaz de la Portilla: What is the proper way? Commissioner Carollo: -- each of us should meet with the City Manager and then we come back in February and that's where we're going to have a full-blown discussion of how we're going to proceed with this. Commissioner Diaz de la Portilla: I have no problem with coming back in February, and we can have a full-blown discussion in February. I still disagree with you that you think that I don't have a right to have a conversation about any of -- Commissioner Carollo: You have a right to have every conversation that you want. Commissioner Diaz de la Portilla: Like you do. So -- Commissioner Carollo: But we're not getting anywhere with this. The first thing I stated to you was that we wanted to end this quickly. That's why I gave you a roadmap of what I thought what we should do. You don 't want to listen to that. Commissioner Diaz de la Portilla: No. I just think -- Commissioner Carollo: You want the RFP now. Commissioner Diaz de la Portilla: I don't agree with your roadmap, Commissioner. That's why we have to have the conversation. And we can't have this conversation in private because we're in the sunshine. The only conversa -- we can only have these conversations in public. END OF DISCUSSION ITEMS City of Miami Page 131 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE 3698 MAY BE DEFERRED Second Reading Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH and Mayor- PZ ATTACHMENTS, AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MCNP"), BY ADDING A POLICY TO THE FUTURE LAND USE ELEMENT OF THE MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN TRANSIT ORIENTED DEVELOPMENT AREAS OF UP TO FIFTY PERCENT (50%) WHEN NEW DEVELOPMENT TRANSFERS UNUSED DENSITY FROM CONTRIBUTING HISTORICALLY DESIGNATED SITES AND CERTAIN NON-CONTRIBUTING RESOURCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13782 MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.1 was deferred to the May 27, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day." PZ.2 ORDINANCE Second Reading 7920 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 7, SECTION 7.2, TITLED "NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS", TO PROVIDE FOR REESTABLISHMENT OF SPECIFIC -PURPOSE DESIGNED STRUCTURES THAT ARE LOCALLY DESIGNATED HISTORIC SITES, CONTRIBUTING STRUCTURES IN A HISTORIC DISTRICT, OR CONTAIN ONLY RESIDENTIAL USES FOR THE USES IN WHICH THEY WERE DESIGNED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13952 City of Miami Page 132 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: So, all of the land use attorneys who are here charging their clients by the hour would like to see us talk forever and ever, but we will move into the PZ (Planning and Zoning) agenda at this point, and then we'll finish up with the budget status at the end and we will be done for the day and say Merry Christmas to all. Yes, Mr. Clerk. Todd B. Hannon (City Clerk): And the pocket items, sir. Vice Chair Russell: Oh, of course. We have a few pocket items to address. Commissioner Carollo: Yeah, I think we have one more from myself. Vice Chair Russell: We have six pocket items. Commissioner Carollo: The Mayor I believe has some. 1 don 't know if Commissioner Diaz de la Portilla has any left. Vice Chair Russell: We have six pocket items. So, I'd like to take up all of the PZ items. If you could read the ordinances into the record, Mr. Min. That '11 give us a moment to relieve ourselves. Fortunately, there are speakers throughout the building. If you could read all of the ordinances for the planning and zoning agenda -- remaining planning and zoning agenda, please? Barnaby Min (Deputy City Attorney): Mr. Hannon, could you confirm which items are deferred so I don 't have to read them? Mr. Hannon: Yes. PZ.1 was deferred, PZ.11 and 12 were continued, and PZ.15 was deferred. Everything else is in play. Vice Chair Russell: I believe 11 and 12 were moved -- deferred to April 22nd. Mr. Hannon: I'm sorry. Yes, yes, my apologies. Deferred to April 22nd. Thank you. Vice Chair Russell: And then 15 as well. Mr. Min: Okay, PZ.2. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: There was a substitution handed out for that item. PZ.3. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: PZ4. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. City of Miami Page 133 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Mr. Min: PZ.5. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: PZ.6. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: PZ.7. The Ordinance was read by title into the public record by Deputy City Attorney Barnabv Min. Mr. Min: PZ.8. The Ordinance was read by title into the public record by Deputy City Attorney Barnabv Min. Mr. Min: PZ.9. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: PZ.10. The Ordinance was read by title into the public record by Deputy City Attorney Barnabv Min. Mr. Min: PZ.13. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: PZ.14. The Ordinance was read by title into the public record by Deputy City Attorney Barnabv Min. Mr. Min: Is that it? And I believe PZ -- Mr. Hannon: Mr. City Attorney, I believe PZ.16. Mr. Min: Okay, PZ.16. Mr. Hannon: Yes. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: Thank you, Mr. Chair. [Later...] Vice Chair Russell: Barnaby, did you read the substitution for PZ.2? City of Miami Page 134 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Mr. Min: The title or the entire item? Vice Chair Russell: I believe that the City Attorney had submitted a substitution. Mr. Min: Yes. I modified the title that I read into the record to incorporate that. Vice Chair Russell: So, that's in the record. Mr. Min: It basically removes the residential uses. Vice Chair Russell: Thank you very much. So, in that case, let's take up PZ.2, zoning text, non -conforming uses and structures. Is there a motion on PZ.2? Commissioner Reyes: Move it. Commissioner Carollo: Second. Vice Chair Russell: Is there any further discussion on the dais? Commissioner Reyes: Can we group it? Vice Chair Russell: Any questions? I'm sorry? Commissioner Reyes: Can we group it? Vice Chair Russell: Legally, we can group planning and zoning items. Let's just take this one first. There's a motion. There's a second. Is there any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Todd B. Hannon (City Clerk): As amended. Vice Chair Russell: As amended, yes, with the -- thank you. City of Miami Page 135 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 PZ.3 ORDINANCE Second Reading 8041 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-8-L", URBAN CORE TRANSECT ZONE - LIMITED, TO "T6-8-O", URBAN CORE TRANSECT ZONE - OPEN", FOR THE PROPERTIES GENERALLY LOCATED AT 615 NORTHWEST 4 AVENUE, 537 NORTHWEST 4 AVENUE, 365 NORTHWEST 6 STREET, 353 NORTHWEST 6 STREET, 343 NORTHWEST 6 STREET, 335 NORTHWEST 6 STREET, 348 NORTHWEST 6 STREET, 330 NORTHWEST 6 STREET, 350 NORTHWEST 6 STREET, 358 NORTHWEST 6 STREET, 364 NORTHWEST 6 STREET, 531 NORTHWEST 3 COURT, 540 NORTHWEST 3 COURT, 534 NORTHWEST 3 COURT, 530 NORTHWEST 3 COURT, AND 590 NORTHWEST 3 COURT, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13953 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number PZ.3, please see Item Number PZ.2. Vice Chair Russell: So, the remaining ones are the rezoning of PZ.3, PZ.4, and PZ.5 is Southwest 3rd Street. PZ.6 and 7 is 37th Avenue. We have a covenant recorded on that one, I believe, that's already been submitted and does not need to be entered into the record at this point. That was submitted on first reading, am I correct, Jeremy? Barnaby Min (Deputy City Attorney): Yes. And there were also modifications that have been made and entered into the record so it's part of this file. Vice Chair Russell: And those are in the record captured from first, so we don't need a presentation on that. PZ.8 and 9 -- or 8 is lodging in district zones, 9 is CS (Civic Space) in Ti. PZ.10, community support facilities. PZ.13 is the NRD-1 for the Wynwood streetscape master plan. PZ.14, the zoning and streetscape master plan, the zoning text. And the final one, PZ.16, is the industrial FLUM (Future Land Use Map) interpretation, MCNP (Miami Comprehensive Neighborhood Plan). Is there a motion -- Commissioner Reyes: So move. Vice Chair Russell: -- for all those? Commissioner Diaz de la Portilla: I'll second it. City of Miami Page 136 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 PZ.4 7782 Department of Planning Vice Chair Russell: It is a Merry Christmas. There 's been a motion by Commissioner Reyes, seconded by Commissioner Diaz de la Portilla. Is there any further discussion on those planning and zoning items? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you all for coming. That was easy. Merry Christmas. Commissioner Diaz de la Portilla: Merry Christmas. Merry Christmas, everyone. Vice Chair Russell: All right. Commissioner Diaz de la Portilla: Merry Christmas everyone. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 4214 SOUTHWEST 3 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13954 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.4, please see Item Number PZ.2 and Item Number PZ.3. City of Miami Page 137 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 PZ.5 ORDINANCE Second Reading 7783 Department of Planning PZ.6 7677 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R", SUB -URBAN TRANSECT ZONE - RESTRICTED, TO "T4-L", GENERAL URBAN TRANSECT ZONE - LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 4214 SOUTHWEST 3 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER ACCEPTING THE VOLUNTARY COVENANT ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13955 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.5, please see Item Number PZ.2 and Item Number PZ.3. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE 0.38 ± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 2824 AND 2828 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13956 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.6, please see Item Number PZ.2 and Item Number PZ.3. City of Miami Page 138 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 PZ.7 ORDINANCE Second Reading 7679 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-L, "GENERAL URBAN TRANSECT ZONE — LIMITED", TO T5-O, "URBAN CENTER TRANSECT ZONE - OPEN", OF THE PROPERTIES LOCATED AT APPROXIMATELY 2824 AND 2828 SOUTHWEST 37 AVENUE MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER ACCEPTING THE VOLUNTARILY PROFFERED COVENANT IN SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13957 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ. 7, please see Item Number PZ.2 and Item Number PZ.3. City of Miami Page 139 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 PZ.8 ORDINANCE First Reading 8040 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.1, TITLED "DEFINITIONS OF BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3)," TO MODIFY THE DEFINITION OF INDUSTRIAL; AMENDING ARTICLE 3, SECTION 3.11, TITLED "WATERFRONT STANDARDS," TO ADD LODGING AS A USE CONSIDERED FOR THE DESIGN STANDARDS; AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES," TO MODIFY REGULATIONS FOR DENSITY AND USES FOR THE DISTRICT ZONE REGARDING LODGING USES; AMENDING ARTICLE 4, TABLE 4, TITLED "DENSITY, INTENSITY AND PARKING," TO PROVIDE REGULATIONS FOR DENSITY, INTENSITY, AND PARKING TO ADDRESS LODGING USES WITHIN THE D2, "INDUSTRIAL," AND D3, "WATERFRONT INDUSTRIAL," TRANSECT ZONES; AMENDING ARTICLE 6, SECTION 6.1, TITLED "INTENT AND EXCLUSIONS," TO PROVIDE SUPPLEMENTARY REGULATIONS FOR THE D1, "WORK PLACE," D2, "INDUSTRIAL", AND D3, "WATERFRONT INDUSTRIAL," TRANSECT ZONES IN TABLE 13; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.8, please see Item Number PZ.2, Item Number PZ.3, and "Public Comments for all Item(s). " PZ.9 ORDINANCE Second Reading 5694 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 7, SECTION 7.1.2.8, TITLED "AMENDMENT TO MIAMI 21 CODE," TO EXEMPT REZONINGS OF PROPERTIES BY THE CITY OF MIAMI TO "CS," CIVIC SPACE TRANSECT ZONES, OR "T-1," NATURAL TRANSECT ZONES, FROM MINIMUM SIZE AND FRONTAGE REQUIREMENTS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13958 City of Miami Page 140 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.9, please see Item Number PZ.2 and Item Number PZ.3. PZ.10 ORDINANCE Second Reading 8000 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; SPECIFICALLY BY AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS" , TO ALLOW FOR AND ESTABLISH CONDITIONS FOR COMMUNITY SUPPORT FACILITIES, SPECIFICALLY ASSISTED LIVING FACILITIES, IN THE D-1, "WORKPLACE", TRANSECT ZONE SUBJECT TO APPROVAL BY WARRANT; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13959 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.10, please see Item Number PZ.2 and Item Number PZ.3. City of Miami Page 141 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 PZ.11 ORDINANCE First Reading 4196 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.11 was deferred to the April 22, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.11, please see "Order of the Day." PZ.12 ORDINANCE First Reading 4201 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O," URBAN CENTER TRANSECT - OPEN, TO "T6-8-O," URBAN CORE TRANSECT - OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.12 was deferred to the April 22, 2021, Citj Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.12, please see "Order of the Day." City of Miami Page 142 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 PZ.13 ORDINANCE Second Reading 8032 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING APPENDIX J, "WYNWOOD NRD-1 - NEIGHBORHOOD REVITALIZATION DISTRICT," OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY, BY AMENDING SECTION 2.1, TITLED "PURPOSE AND INTENT", ARTICLE 3, TITLED "GENERAL TO ZONES", SECTION 4, TABLE 2, TITLED "TABLE 2. T5 - URBAN CENTER ZONE" AND "TABLE 2. T6 - URBAN CORE ZONE", ARTICLE 5, TITLED "SPECIFIC TO ZONES", ARTICLE 9, TITLED "LANDSCAPE REQUIREMENTS", ARTICLE 10, TITLED "SIGN REGULATIONS", AND SECTION 8, TITLED "STREET MASTER PLAN", TO MODIFY STANDARDS FOR PARKING FOR DEVELOPMENTS LESS THAN 10,000 SQUARE FEET, ALLOW PARKING WITHIN MEZZANINE LEVELS, AND THE ESTABLISH THE WYNWOOD STREETSCAPE MASTER PLAN WITHIN THE NRD-1 BOUNDARIES; FURTHER AMENDING SECTION 3.3, TITLED "LOTS AND FRONTAGES", TO ESTABLISH A PROGRAM TO ALLOW LOT ASSEMBLAGES EXCEEDING MAXIMUM LOT AREA WITH PUBLIC BENEFIT CONTRIBUTIONS; FURTHER AMENDING SECTION 3.5, TITLED "WYNWOOD TRANSFER OF DEVELOPMENT RIGHTS PROGRAM", TO ESTABLISH A PROGRAM TO ALLOW UNUSED DENSITY THROUGHOUT THE NRD-1 BOUNDARY TO BE TRANSFERRED FOR THE BENEFIT OF AFFORDABLE/WORKFORCE HOUSING, CIVIC OPEN SPACE AND LEGACY USES, THE ABILITY TO PAY INTO THE AFFORDABLE HOUSING TRUST FUND TO OBTAIN ADDITIONAL DENSITY, ALIGNMENT OF THE AFFORDABLE/WORKFORCE HOUSING BENEFIT TO THE MIAMI 21 CODE'S STANDARDS, AND A CALIBRATED ATTAINABLE MIXED INCOME PROGRAM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13960 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.I3, please see Item Number PZ.2, Item Number PZ.3, and "Public Comments for all Item(s)." City of Miami Page 143 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 PZ.14 7890 Commissioners and Mayor - PZ ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS", ARTICLE I, SECTION 1.4, TITLED "DEFINITIONS OF LANDSCAPE REQUIREMENTS", ARTICLE 3, SECTION 3.12, TITLED "DESIGN GUIDELINES, NEIGHBORHOOD CONSERVATION DISTRICTS, AND NEIGHBORHOOD REVITALIZATION DISTRICTS", ARTICLE 3, SECTION 3.6.10, TITLED OFF-STREET BICYCLE PARKING REQUIREMENTS", ARTICLE 4, TABLE 4, TITLED "DENSITY, INTENSITY AND PARKING", AND ARTICLE 4, TABLE 7, TITLED "CIVIC SPACE TYPES", TO PROVIDE FOR FUTURE OPPORTUNITIES FOR STREETSCAPE ENHANCEMENTS THROUGHOUT THE CITY OF MIAMI; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13961 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.14, please see Item Number PZ.2, Item Number PZ.3, and "Public Comments for all ltem(s). " City of Miami Page 144 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 PZ.15 ORDINANCE First Reading 8166 Commissioners and Mayor - PZ PZ.16 7291 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 1, SECTION 1.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TITLED "DEFINITIONS/DEFINITIONS OF BUILDING FUNCTION: USES" AND SECTION 1.2 OF THE MIAMI 21 CODE, TITLED "DEFINITIONS//DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.4 OF THE MIAMI 21 CODE, TITLED "GENERAL TO ZONES/DENSITY AND INTENSITY CALCULATIONS"; ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES" AND TABLE 4, TITLED "STANDARD AND TABLES/DENSITY, INTENSITY AND PARKING"; ARTICLE 6, TABLE 13 OF THE MIAMI 21 CODE, TITLED "SUPPLEMENTAL REGULATIONS"; AND ARTICLE 7, SECTION 7.2, TITLED "PROCEDURES AND NONCONFORMITIES/NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS", TO ALLOW AND ESTABLISH DEFINITIONS AND REGULATIONS FOR CO -LIVING RESIDENTIAL USES AND MODIFY THE REGULATIONS FOR MICRO DWELLING UNITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.15 was deferred to the January 28, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.15, please see "Order of the Day." ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES ESTABLISHED IN SECTION 163.3184, FLORIDA STATUTES, BY ADDING TWO (2) POLICIES TO THE FUTURE LAND USE ELEMENT AND AMENDING THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP FOR INDUSTRIAL LAND USE TO ALLOW LODGING USES ON LANDS WITHIN THE CITY OF MIAMI DESIGNATED AS INDUSTRIAL; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13938 City of Miami Page 145 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.16, please see Item Number PZ.2, Item Number PZ.3, and "Public Comments for all ltem(s). " END OF PLANNING AND ZONING ITEM(S) City, of Miami Page 146 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 FL - FUTURE LEGISLATION FL.1 ORDINANCE 8073 Department of Real Estate and Asset Management AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 50/ARTICLE II/DIVISION I, TITLED "SHIPS, VESSELS, AND WATERWAYS/OPERATION OF VESSELS/GENERALLY", BY ADDING NEW SECTION 50-43, TITLED "OPERATION OF VESSELS, BOATS, AND OTHER WATERCRAFT IN MARKED MOTORIZED VESSEL EXCLUSION ZONES IN THE DINNER KEY NORTH MOORING FIELD AREA", TO ESTABLISH A VESSEL EXCLUSION ZONE IN THE WATERS OF THE DINNER KEY NORTH MOORING FIELD TO PROVIDE SAFE AREAS FOR USE BY VESSELS UNDER SAIL OR OAR, OR SHALLOW DRAFT VESSELS OPERATING ELECTRIC ENGINES ONLY; AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND TO EXECUTE THE NECESSARY APPLICATIONS WITH THE VARIOUS AGENCIES OF THE UNITED STATES OF AMERICA, THE STATE OF FLORIDA, AND MIAMI-DADE COUNTY TO ESTABLISH THE PROPOSED RESTRICTED AREA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 147 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 NA.1 8349 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING DECEMBER 10, 2020, IN THE CITY OF MIAMI, "WE ARE ALL SAN ISIDRO" DAY. ENACTMENT NUMBER: R-20-0412 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number Na.1, please see "Order of the Day." Vice Chair Russell: Good afternoon. Hope you all had a good lunch. Thank you, Commissioner Reyes. Merry Christmas to all. I'd like to take up Item Number P11. Commissioner Carollo, you have the floor. Commissioner Carollo: Thank you very much, Chairman Russell. If I may, let me get the English version of the resolution. This is a resolution in a day that's a very special day, a very significant day. Today is the International Day of Human Rights that was established back in 1947/48. And at a time in particularly where young men and women inside Cuba, where so many residents like myself are of Cuban descent, were born in Cuba like myself, that live in our city, these young men and women have shown the courage of true patriots in confronting one of the worst dictatorial, criminal, murdering regimes that the world has ever seen. Many of them have been thrown in jail already. Some are probably being tortured. And while we're certainly not there being able to support them, the least that we could do is show support for them from the city that has been the torch of guidance, of openness, the city hall that has always opened its doors to refugees from not only communist regimes, but from regimes of dictators of all kinds. Since 1959, 61 years ago, we have had hundreds and hundreds of Cubans that have fled communism in Cuba and are still fleeing. Thousands have died in the Florida Straits trying to win freedom, not to mention the thousands that have been murdered in firing squads and in jails. Twenty years later, in 1979, thousands of Nicaraguans started coining to our city, and then 20 years after that, in 1999 beginning, we have had tens of thousands of Venezuelans that have fled another brutal communist regime. And in-between in all these years, we have had tens of thousands of refugees from other communist countries, whether Eastern Europe, Russia, China, other parts of Latin America, and the world. And this city hall has been the one city hall above any other in America that has had its doors not only open but has always stood shoulder to shoulder in combating these communist dictatorial regimes. So, today I would like to introduce and read the resolution that 1 have before us. This is a resolution declaring that today, December 10, 2020 in the City of Miami, "We Are All San Isidro," (Comments in Spanish). Whereas, the San Isidro Movement has been one of the largest protests of the last 60 years in a genuine demand jrofreedom and the search .fbr a path of democracy in Cuba; whereas, the San Isidro Movement has been a peaceful movement made up of members of the independent artists, journalists, academics, intellectuals and others organized to oppose repression and the limited freedom of expression that exists in Cuba, and consequently, they are being defamed in the official media and suffering acts of repudiation in their own homes without the right to defend themselves; whereas, the City of Miami Page 148 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 San Isidro Movement also seeks respect for the human rights of the voices of dissidence in Cuba; whereas, the San Isidro Movement has been publicly supported by important and recognized activists of the Cuban dissidence, among which are Jose Daniel Ferrer and Las Damas de Blanco, among others; whereas the Inter -American Court of Human Rights rejected the irruption in the headquarters of the movement, describing said procedure and subsequent arrest as arbitrary and urged the Cuban government to comply with its commitments and obligations in relations to the granting of essential guarantees and with the respect of human rights and due process in judicial matters; whereas, the president of the European Parliament Subcommittee of Human Rights, Maria Arena, expressed her deep concern about the situation of the protesters; whereas, the Secretary of State of the United States, Mike Pompeo, declared his support for the San Isidro Movement, in addition to the urging to the Cuban government to stop the harassment of the group, in addition to requesting the release of Denis Solis. Now, therefore, the City of Miami declares today, December the 10th, 2020, that in Miami, "We're All San Isidro." (Comments in Spanish.) I hereby make the motion for this Commission to approve this resolution. Commissioner Reyes: Second. Vice Chair Russell: There's been a motion, seconded by Commissioner Reyes. I'd like to open up to the Commission for comment. Commissioner Reyes: Mr. Chair; I -- Thank you, Commissioner Carollo. This is once again the signal that we, in the City of Miami, we are in total support to anybody that is fighting communism, anybody that stands up to that terrible philosophy, as I said before, that is based on hate, envy, and stands by terror. And that whenever all people in Cuba, those real, courageous people in the island, that they are the ones that they have the courage to stand up and demand the rights, that any time that that happen, we in Miami and wherever there is a Cuban, we will be supporting it. And that's why, wholeheartedly, I support, and my colleagues support this resolution. And I'm proud to join Commissioner Carollo in supporting this resolution and send a message to that dictatorship that we are also San Isidro, and we will be also standing up to their lack of freedom and the prosecution of people, and that we haven 't forgotten our people, and we will never forget our people, never. Vice Chair Russell: Thank you. Any further comment from the dais? All in favor of the item, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Noted with unanimous co- sponsorship. Applause. Vice Chair Russell: Thank you very much. Thank you, Commissioner Carollo. City of Miami Page 149 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 NA.2 8352 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NOS. R-20-0358 AND R-20-0326 ADOPTED ON OCTOBER 22, 2020 AND OCTOBER 8, 2020, RESPECTIVELY, DIRECTING THE CITY MANAGER TO CEASE AND DESIST ENFORCEMENT OF MIAMI-DADE COUNTY'S ("COUNTY") CURFEW; DIRECTING THE CITY MANAGER TO NOW BEGIN ENFORCEMENT OF THE COUNTY CURFEW AND MASK ORDERS TO ENSURE THE HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY UNTIL THE COUNTY HAS REACHED FOURTEEN (14) DAYS WHERE THE POSITIVE TEST RATE IS BELOW 5.5% ON AVERAGE AT WHICH POINT THE CITY OF MIAMI MAY DISCONTINUE ENFORCEMENT OF THE CURFEW . ENACTMENT NUMBER: R-20-0415 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number NA.2, please see "Order of the Day." Vice Chair Russell: And we'll take up P12, a reso -- a pocket reso of Commissioner Carollo directing the Manager to enforce face masks, distancing, and the midnight curfew that is in place with the County. Commissioner Carollo, you have the floor. Commissioner Carollo: Thank you. This is rescinding resolutions R-20-0358 and R- 20-0326 passed on October the 8th and October the 22nd, 2020, directing the Manager to cease and desist enforcement of the County's' curfew and directing the Manager to begin enforcement of the County curfew and mask orders to ensure the health, safety, and welfare of the community. Vice Chair Russell: Do you have a motion? Commissioner Carollo: That's the motion. Vice Chair Russell: Okay. Is there a second? Commissioner Watson: Yes, second. Vice Chair Russell: Seconded by Commissioner Watson. Discussion. So, I think this is worthy, of a little discussion because this is a -- this will affect businesses, people's lives, and of course, safety is paramount, and the surge is happening. Commissioner Carollo: Can we read into the record the letter from Director Carlos Migoya? Vice Chair Russell: Migoya? Commissioner Carollo: I thought I had it here. Vice Chair Russell: I don't have it. City of Miami Page 150 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: 1 apologize. Vice Chair Russell: I did receive a call from him and I detected the urgency in his voice. Commissioner Carollo: Here -- Commissioner Reyes: I did receive (INAUDIBLE) main concern was (INAUDIBLE) his main concern was that we were having -- there was the -- the percentage of people that had been contaminated from all the people that were tested was reaching 10 percent. And that was the -- to him was the most dangerous percentage because that would require -- and he was afraid that it was going to require a number of hospitalization, many people, the demand for beds in the hospitals. And he said, it is not that we don't have the beds, but we don't have the personnel. And as we did before when we had the surge, we could bring personnel from other areas of the country. But given the fact that the whole country is in a surge, there is not personnel available. And what he was -- and I told him and asked him, well, I think that we -- if we try to enforce all this is -- if the percentage reaches 10 or is close to 10, he said yes. That is what -- that was the information and I had two calls with him, you see. Vice Chair Russell: Yeah. Commissioner Reyes: And 1 don 't know if we have 10 percent ,vet, or if we should -- that resolution, we can say, okay, as -- that will be effective at the moment that we reach 10 percent. Commissioner Carollo: Well, the idea was that he wanted to make sure we didn't hit the 10 percent, I believe. I'll read what he sent so at least we have it in the record. "Dear Commissioner Carollo" -- and I'm sure he sent the same one to each of us. "One of our strengths during the COVID-19 pandemic has been the commitment of leaders at all levels to cooperate and discuss mitigation efforts with open minds to ensure a goal of protecting our community. Jackson Health System has treated nearly 4,000 COVID-19 patients in our hospitals and provided outpatient test results to an additional 6,000 infected people. With winter upon us, the data is heading the wrong direction. Increased positivity, increased hospital admissions, increased demand for critical care beds. I understand the Miami City Commission will discuss this week whether to enforce Miami -Dade Countv's temporary midnight curfew. This is, of course, a policy decision, and our organization would never seek to interfere with your deliberations. As the largest provider of hospital care in the city and the institution responsible for providing vaccinations to all of Miami -Dade hospital system healthcare workers later this month, we felt responsible for providing context. The evidence for a curfew's impact is not necessarily as strong as the evidence for mask wearing, physical distancing, and proper hand hygiene. In our community, however, well -enforced curfews earlier this year did coincide with declines in the key measures of COVID-19 spread. Moreover, Miami remains the cultural heart of South Florida, attracting people from all over our region to its restaurants, museums, and nightlife. A county -wide curfew that is not enforced in Miami will almost, by definition, have implications far beyond the city limits. Late -night clubgoers will return to their homes in other municipalities across Miami -Dade and Broward. Our healthcare teams will do everything in our power to treat the sick and prevent the spread, and we will proudly work within whatever guidelines are set by our elected leaders at every level. Thank you for considering this input before making your decision. And please do not hesitate to contact me if any of our clinical experts can assist your work. Sincerely, Carlos A. Migoya, President and Chief Executive Officer." It's a very professional, polite, politically correct letter. I think -- City of Miami Page 151 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Vice Chair Russell: But urgent. Commissioner Carollo: Yeah. Well, the urgency is there. And today, we not only surpassed 250,000, but over 251,000 confirmed cases. Probably unconfirmed of people that didn 't report it or didn't even know they had it, and you probably have at least an equal number. We're just a hair away from reaching 4,000 deaths in Miami - Dade. We were going upwards closer to and inching up to 9 percent from what I read today. So, I -- you know, look, we don't want to in any way go back to what happened in mid -March that we closed down everything. The last thing we want to do is close. We want to open. But at the same time, we have had, 1 would say, over 99 percent of the business that have been complying with all the guidelines and extra expenses that we placed upon them. 1 truly believe that if we let the few business that are not going to comply late at night, particularly between the hours of midnight and five in the morning, with having people on top of people, no masks, and no one is checking, and you know, they just care about, rankly, selling more alcohol, that's going to keep that level higher, and it's going to go even higher. Because it 's impossible when you have in confined spaces, people without masks, no social distancing, being on top of each other. They're going to get sick. And then they're going to go and spread it to whoever they live with. If they have parents or they have grandparents, they're going to get it. And this is going to go out of control. And it's not fair to the 99 plus percent of the businesses that are abiding by everything we've asked of them, for them to also have to suffer in whatever we might have to consider. But most of all, it's not fair to anyone to get COVID. We certainly don't want to see more death. This is a health and safety issue, a real health and safety issue. It's not about the dollars anymore. It's just for a few. But 1 just think that we have to take a decision that maybe those few are not going to be able to make the money that they were used to by being open that late at night for the sake of the vast majority to be able to stay open, and we don 't have to consider any other kind of shutdowns or even a lower curfew than midnight. Vice Chair Russell: Thank you. Commissioner Carollo: (UNINTELLIGIBLE). Vice Chair Russell: Commissioner Reyes. Commissioner Reyes: I just read -- and it went -- today it went from 7.69, the positivity rate, to 8.55. We're very close to ten percent. Commissioner Carollo: It's up (UNINTELLIGIBLE). Commissioner Reyes: It's up, going -- but I have a question. Is it the hour of the night that people are out, or is it the lack of when the mask -- enforcing the mask and enforcing the -- I mean, the precautions that they have to take, you see. Because if we would say, okay, you're going -- you have to be -- by 12 o'clock you have to close, but from 8 to 12, everybody is having a good time, there is no mask wearing, and you can do whatever, we are not doing anything. Commissioner Carollo: You're right on that also, absolutely correct. Commissioner Reyes: You see. We're not doing -- I mean if we're going -- Commissioner Carollo: Yeah. Commissioner Reyes: -- to do it, we have to enforce the mask, and we have to enforce the people taking care of themselves. The time and -- okay, we can say 12 o'clock, 1 o'clock, whatever, but it is taking the precautions, taking the precautions is what really it is important here. City of Miami Page 152 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: And Migoya mentioned that here. It's the most important thing. And it's not about a curfew because a curfew by itself -- 1 agree there's no scientific evidence that it stops anything, but there is scientific evidence that if you're in a crowded place where people are drinking, where people have no masks, they're on top of each other, that you're at a heck of risk. Commissioner Reyes: Yes, you are. You -- Commissioner Carollo: They're -- you know, and -- Commissioner Reyes: Yes, but -- Commissioner Carollo: -- those are facts. So -- Commissioner Reyes: But -- Commissioner Carollo: -- just like there is scientific evidence that, you know, if it's late at night, you're drinking, and especially in the places that it's not like you go to a restaurant or place that has sufficient food, that at least you could balance what you drink with food, but if you're drinking and drinking, you know, you're going to get happy. You're going to get louder. There's music. You get louder, even louder, and the louder you get, the more you're able to spread the virus if indeed you are infected. Commissioner Reyes: What I would like to see is that we go to those places and we enforce the wear -- I mean the protection measures. Commissioner Carollo: That is a -- Commissioner Reyes: That -- at that I -- Commissioner Carollo: -- well, that is the -- that is, you know, hand -in -hand what this goes with -- Vice Chair Russell: All right. Commissioner Carollo: -- enforcement, because -- and I'm going to say to you more that I'm very concerned about this also. And let, you know, the former FOP (Fraternal Order of Police) president go up in YouTube again and throw another one, you know, but please, you know, don't do it in front of your garbage cans at home when you put those YouTube ads. It don't look good. The -- I don't know who's running the taskforce that we have or who's guiding them where to go, whatever. They should be going everywhere, all the key nights of the week. But I've had complaints from your district, one from my district, that people are getting hit they feel -- at least they tell me that -- unjustly by the taskforce, and that others right next to them, because they've hired a police officer, you know, they don't go there. They don't check it. I don't know if this is true or not, but this is what I'm being told, and, you know, that's also a concern. So, we need to make sure the Manager, through the Manager, that we have some senior people in these taskjorces, and as Commissioner Reyes said in -- it's our intention that they hit all the main thoroughfares in the City, particularly on Thursday, Friday, and Saturday evenings where all the action happens. Vice Chair Russell: Thank you. I have a couple questions, and I'm -- as I said, we will prioritize health every time. We're very lucky at this point to have a good relationship with the County -- City of Miami Page 153 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: Yes. Vice Chair Russell: -- the new mayor. We've been talking regularly, she and I, on the phone about this issue. She invited me to -- or the Mayor, to a very large press conference the other day on the "We Can, We Will" campaign that they're starting. And the whole goal is to be unified as a county with all the cities standing together on policies. And you can interpret "We Can, We Will" in a few ways, because the Governor has told us what we can't do, and we believe we have some home rule powers to do what we believe is -- Commissioner Reyes: Yeah. Vice Chair Russell: -- right. Commissioner Reyes: I believe so. Vice Chair Russell: And we've weighed this very thoughtfully whether curfew or no curfew. So, if we move forward with the curfew, I'm very happy that we're at the table with the County. And I've asked for a couple of things because there is not exactly, to my understanding, a metric that our businesses can look forward and say, all right, when positivity gets down to a certain number -- Commissioner Reyes: That's the point. Vice Chair Russell: -- here's what we're going to open up. And when positivity gets up to a certain number, here's what we're going to shut down further. I would love to give -- because business can thrive with predictability. They cannot survive -- Commissioner Reyes: Yes. Vice Chair Russell: -- unpredictability, and I would never leave them open, unfettered at the risk of our health, but I want to give them a light at the end of the tunnel -- Commissioner Reyes: I agree. Vice Chair Russell: -- that they can invest in because that helps them staff that helps them order things, and that's very important. Commissioner Reyes: I think that we should place a threshold -- Vice Chair Russell: It -- Commissioner Reyes: -- that it says, as soon as the positivity rate goes below, let's say, 7percent or 6percent, this is what we will -- Vice Chair Russell: As a gesture of goodwill -- Commissioner Reyes: That's right. Vice Chair Russell: -- I would probably stand with Commissioner Carollo in simply, passing this to stand with the County and send the right message to the entire country at this moment and to help our residents be safe -- Commissioner Reyes: Yes. Vice Chair Russell: -- but really encourage them to create this metric -- City of Miami Page 154 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Reyes: But -- Vice Chair Russell: -- that is not in place here. Commissioner Reyes: But we should -- in order to, I mean, give our businesses -- Commissioner Carollo: The minute it goes below 5 percent. Commissioner Reyes: Or 5 percent or 6 percent, whatever. Commissioner Carollo: That's really the number, below 5 percent. Commissioner Reyes: You see that -- as soon as it go to --1 would say 6 percent or something like that. You know, 6 percent, it goes -- it start going down and gets -- it reaches -- Commissioner Carollo: No. Commissioner Reyes: -- 6 percent, then we start relaxing it -- Commissioner Carollo: The six is still -- Commissioner Reyes: -- a little bit and then we'll relax it all the way -- Commissioner Carollo: Yeah. Commissioner Reyes: -- if it gets to five, okay? But that encourages the businesses to say, yeah, listen, let's wear the mask, let's do this, let's do this. Vice Chair Russell: Would you like to amend your item? Commissioner Carollo: I have no problem amending it to bringing a number on it. Would you take five -and -a -half percent? Commissioner Reyes: Five-and-a-halfpercent. Commissioner Carollo: Okay, five -and -a -half percent. Vice Chair Russell: So, meaning that we would be enacting -- we would be following the County's curfew, but that once it gets down to five -and -a -half percent -- Commissioner Carollo: Yeah. Vice Chair Russell: -- we would allow businesses -- we would -- Commissioner Carollo: Oh -- Vice Chair Russell: -- lift the curfew. Is that what you're saying? Commissioner Carollo: -- we would lift the 12 p.m. curfew. Commissioner Reyes: Okay. Vice Chair Russell: Okay. I'm -- Commissioner Reyes: I think that makes sense and encourages the businesses -- City of Miami Page 155 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: All right. Commissioner Reyes: -- to take care everything. of -- or enforce the mask and enforce Vice Chair Russell: If that's the will of this body. I'm trying to show goodwill to the County -- Commissioner Reyes: Yes. Vice Chair Russell: -- that we are standing with them -- Commissioner Reyes: And also -- Vice Chair Russell: -- and especially Carlos Migoya, who is -- Commissioner Carollo: Truly, I could go either way on it because five -and -a -half is close enough. What I understood is that once it's below five, it climbed, but once it started reaching five is when, you know, you start getting concerned. That's why I was trying to get it just before five, but I'll stand with whatever number this Commissioner wants to put. Commissioner Reyes: Five -and -a -half. We (UNINTELLIGIBLE). Vice Chair Russell: So, there's -- Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Russell: -- a mover and a -- you are the mover and the seconder, correct? Commissioner Carollo: Yes. Commissioner Reyes: That's right. Vice Chair Russell: So, there's been an amendment. I'm sorry. Todd B. Hannon (City Clerk): Commissioner Carollo moved, seconded by Commissioner Watson. Commissioner Carollo: Yes. Vice Chair Russell: Commissioner Watson, do you -- there's a proposed amendment to not enforce the curfew once we get down to five -and -a -half percent. Is that -- would that be acceptable to you? The motion is to enforce the curfew along with the County, but if we get down to five -and -a -half percent, we would lift it. Commissioner Watson: I can accept that, yes. Vice Chair Russell: Mover and seconder accepts. Fernando Casamayor (Chief Financial Officer/Assistant City Manager): -- I have one question before -- Vice Chair Russell: Yes, sir. Mr. Casamayor: -- you vote. I'm sorry. Is that a daily rate or is it a rolling -- City of Miami Page 156 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Vice Chair Russell: No. It's the two -week average. Mr. Casamayor: -- out during several days? Commissioner Watson: Two -week average. Commissioner Carollo: The two -week average. Mr. Casamayor: I'm sorry? Vice Chair Russell: It's the two week, 14-day average. Mr. Casamayor: Okay. Thank you. Commissioner Carollo: Two -week average. Yeah, you can't base it on daily. Vice Chair Russell: All right. And we're about to have a Christmas tree lighting in five minutes, so I'm going to try to bring this to a close if we can. I've heard word from the Mayor, at 6 o'clock, the Christmas tree out fi ont -- Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: -- is being lit, with or without us, so we're going to try to wrap this up, but 1 have few more questions about this issue. Commissioner Reyes: Ah, yeah. Vice Chair Russell: One, we do not have any business assistance for those who will be shut down by this. And I know it's easy to demonize night clubs, bars, and things like that, but I really want you to think about the people who work in them who will suffer for this. Commissioner Reyes: Substantial number ofpeople. Vice Chair Russell: Yes. And so, I -- Commissioner Carollo: Well, the County has about $14 million that they're putting out, and they can't get enough people to apply. You know, it's a big pot that they could go to. Vice Chair Russell: So, I've asked if there is any of that remaining funding that can apply toward this type of business. At this point, it's not clear to me. Commissioner Reyes: We should direct the -- Vice Chair Russell: But I'd like to see us -- Commissioner Reyes: -- we should direct it to those businesses. Vice Chair Russell: I -- if there is -- as you're applying, if there is a way to assist businesses that our policies directly effect that shut down and get that money, not only to those businesses, but to their employees -- Commissioner Reyes: That's a good idea. Vice Chair Russell: -- we'd love to see that enacted. City of Miami Page 157 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: It's not our policy. It's the (UNINTELLIGIBLE). Commissioner Reyes: That is a good idea, sir. Commissioner Diaz de la Portilla: I have a -- Vice Chair Russell: If you can apply for it that way. Commissioner Diaz de la Portilla: 1 have a quick question of the administration. Do we have any kind of fine? Do we fine these people -- Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: -- for violating? What's that amount? Remind me. Commissioner Reyes: $100. Commissioner Carollo: I think it's $500, and they're closed for 24 hours. Mr. Casamayor: Yes, 1 believe -- 1 just don't know if the states -- if the State of Florida or the Governor's order that has prevented us from collecting on the fines. Commissioner Diaz de la Portilla: Oh, that's what I'm asking. Mr. Casamayor: But yes. Commissioner Diaz de la Portilla: I mean, is there any teeth to this at all? Mr. Casamayor: We can issue the fine. We can't collect on the fine, okay. Vice Chair Russell: We Can, We Will, almost. Commissioner Diaz de la Portilla: Is there a warning -- I'm sorry for -- Vice Chair Russell: Go ahead. Commissioner Diaz de la Portilla: -- two minutes. Vice Chair Russell: Of course. Commissioner Diaz de la Portilla: Is there a warning before the fine? Vice Chair Russell.• No. Mr. Casamayor: I -- Commissioner Diaz de la Portilla: It's an immediate fine? Mr. Casamayor: No. I believe we stopped doing warnings. Commissioner Diaz de la Portilla: So, there's an immediate fine that we -- Commissioner Reyes: No. The -- Commissioner Diaz de la Portilla: -- can't collect? City of Miami Page 158 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Mr. Casamayor: I believe it's an immediate -- it would be an immediate fine now. Commissioner Diaz de la Portilla: That we would not collect? Mr. Casamayor: That we -- Vice Chair Russell: Later. Mr. Casamayor: -- can't actually collect on. Commissioner Reyes: Mr. Casamayor, I have heard of cases. It all depends on the officer because I have heard of instances that they -- an officer have walk in and said, listen, get everybody to wear the mask. I am not going to fine you, but ifI come back and I see anybody, I will give you a $500. It all depends. It is the officer that walks in, the one that has the final decision. Vice Chair Russell: Well, that brings me to my final question: Has there been a change to the policy? Because I've been working with a lot of businesses who were trying to comply; some are being successful, some are not. Ironically, some of the worst offenders are before midnight. Commissioner Reyes: Yes. Vice Chair Russell: My recommendation to them was to actually hire more off -duty where our officers could be onsite and be a little stronger presence, and they could actually have a directive to be constantly correcting people who are acting inappropriately and actually helping staff remember to do what they're supposed to do. Has there been a directive to change that off -duty cannot be hired by bars and restaurants right now? Mr. Casamayor: Not that I'm aware of sir. And you asked about whether there's been a change in policy on the enforcement. We've just been more aggressively enforcing over the last couple of weeks as a result of the positivity rates that have started to go up. So, we 've been out there more often. I know that I'm part of a recovery group that includes members of the Wynwood BID (Business Improvement District) and the Coconut Grove BID, and they themselves were asking us for assistance with some of the super spreader type events that were happening over the weekend in particular. Vice Chair Russell: I've been informed that we did change our policy and it's either more difficult or not possible. Actually; the Chief is available on Zoom. Can we --? Because he's aware of this policy and I -- Commissioner Carollo: We're going to miss the tree lighting. Vice Chair Russell: I know we are, but -- Commissioner Reyes: Yeah. Vice Chair Russell: -- I really want our police to be able to help enforce this, because Commissioner Carollo: Well -- Vice Chair Russell: -- if' they don't -- City of Miami Page 159 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: -- well, hut he -- Vice Chair Russell: -- nobody will. Commissioner Carollo: Yeah, but let's make sure they're going to enforce it. Commissioner Reyes: That's right. Commissioner Carollo: Because the videos that were shown on TV, in some establishments, they were not enforcing them. On the contrary, they were -- Commissioner Diaz de la Portilla: Guess we're (UNINTELLIGIBLE) -- Commissioner Carollo: -- just leading more and more people in. Vice Chair Russell: Chief had you heard the question? You 're recognized. Jorge Colina (Chief of Police): I did. I heard the question. There was several questions that were asked. So, just quickly, we use the Civil Citation Program to do enforcement as it pertains to COVID violations. I did suspend off duty work at all restaurants, lounges, and bars because there was officers that were stationed at some of these establishments where a force -- enforcement was not happening. And so, 1 suspended all those jobs until we were able to put something together that went point - by -point explaining what the expectation was at these locations. It isn 't just that you prevent fights, robberies, break-ins, et cetera, no. Every law, including emergency order, applies. And so, we put a training component, we put a video together, we sent it out to the officers. Once the officers see this and understand what the expectation is, and if they don't meet that expectation, they'll be disciplined for neglect of duty. I will allow them to start working again, but I'm not going to allow them unless they're told specifically what the expectation is. And by the way, the establishment hiring them also needs to acknowledge that because they hire them doesn't mean they have any authority whatsoever on how they enforce the law and what laws they enforce. Vice Chair Russell: Thank you. Thank you, Chief. I hope that you would consider giving them very specific directive to enforce COVID-related issues and start working again because I believe they have a stronger voice than the private security, and it can actually help them from getting shut down, and it actually help reduce the spread, but that's all in your hands. So, I thank you very much for the update, Chief. Mr. Colina: No. And the point -- Commissioner Reyes: (INAUDIBLE). Mr. Colina: -- that -- what we'd like to do is -- and we 're trying to roll this out as quickly as we can, obviously, but I don 't want someone to be able to claim that this is completely unique to them, and the rules have changed many times, and they don't understand. And so, I'm hoping that we'll be through this training period by the end of the week, and I'll be able to allow them to go back out when the weekend comes so they can do exactly that, but they need to know what the enforcement is. And again, the idea is to be able to keep these businesses open and not have to shut them down because we've had to shut down quite a few because they're not following any of the guidelines. Vice Chair Russell: Thank you very much, Chief. Is there any further discussion on the item? Commissioner Carollo: No. Thank you, Chief City of Miami Page 160 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 NA.3 8347 City Commission Vice Chair Russell: Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Commissioner Reyes: No. Vice Chair Russell: Motion passes, as amended. Thank you very much. Merry Christmas, everyone. The tree is about to be -- Commissioner Reyes: Oh -- Vice Chair Russell: -- lit in 30 seconds. Commissioner Diaz de la Portilla: Merry Christmas. Commissioner Reyes: Hallelujah. Vice Chair Russell: And -- Commissioner Reyes: Merry Christmas. Vice Chair Russell: -- Merry Christmas to everyone. Commissioner Reyes: Merry Christmas to everyone. Vice Chair Russell: Please be safe. Commissioner Reyes: Yes, sir. Vice Chair Russell: And all the best to your families and all the employees. Take care, everyone. We are adjourned. ORDINANCE (4/5THS) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/IN GENERAL," PROVIDING FOR DEFINITIONS AND EXEMPTIONS FROM CERTAIN TEMPORARY CERTIFICATION OF OCCUPANCY FEES FOR INCOME RESTRICTED DEVELOPMENT UNITS; CONTAINING A SEVER ABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13951 MOTION TO: Adopt as an Emergency Measure RESULT: ADOPTED AS AN EMERGENCY MEASURE MOVER: Jeffrey Watson, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item NA.3 passed as an Emergency Ordinance with two roll calls. For the first roll call, a motion was made by Commissioner Watson, seconded City of Miami Page 161 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 by Commissioner Diaz de la Portilla, and was passed unanimously, to pass NA.3 as an Emergency Ordinance. The second roll call to pass NA.3 as an Emergency Ordinance is reflected above in the vote result box located underneath the enactment number. Note for the Record: For additional minutes referencing Item Number NA.3, please see "Order of the Day." Vice Chair Russell: We have remaining the budget discussion. There 's a budget status of `20 budget and then the remaining five pocket items. So, can we get the budget? Commissioner Carollo: Okay, what is left (UNINTELLIGIBLE)? Vice Chair Russell: Just status of the fiscal year '20 current fiscal year '21 proposed budgets. And if you need some time to bring someone out for that, we can move into the pockets. All right. We'11 take up the pocket items. The remaining pocket items are P12, the curfew. Let's take that one last. P13 is the TCO (Temporary Certificate of Occupancy) fee waiver. P14 is the rental assistance program. P15 is the mortgage assistance program, and P16 is the boys and girls fireworks issue. Can I get a motion, for PZ -- PIs (Pocket Items) 3, 4, 5, and 6. Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: So moved. Todd B. Hannon (City Clerk): Chair, PL3 is an emergency, ordinance, so we will need to read the title twice and vote on it twice. I would prefer that -- Vice Chair Russell: Oh, that's right. It is an ordinance and the Commissioner wanted it -- Commissioner Watson: Yes. Vice Chair Russell: Barnaby, could you take care of that, please? Barnaby Min (Deputy City Attorney): Yes. The Emergency Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Vice Chair Russell: Do you need to read it again? Mr. Hannon: Chair, so you would vote now, and we'll have another reading and then a second vote for the emergency ordinance. Vice Chair Russell: Thank you very much. So, the batches it's already been moved, first and seconded. And this is just for the first reading of that particular ordinance. Is there any fiirther discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: And I'm sorry, Chair. Who was the mover and seconder? Vice Chair Russell: I already forgotten. Let's do it again. Is there a motion.for PL3 City of Miami Page 162 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Watson: So moved. Vice Chair Russell: -- 4, 5, and 6? Commissioner Watson, Commissioner Diaz de la Portilla, second. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Barnaby, if you could read that ordinance once again? Mr. Min: Yes, sir. The Emergency Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Vice Chair Russell: Thank you. Is there a motion on that? Commissioner Watson: So moved. Commissioner Reyes: Second. Vice Chair Russell: Moved by Commissioner Watson, seconded by Commissioner Reyes. Any further discussion? Commissioner Watson: Yes. I just want to say thank you, Commissioners. Forty-five families will enjoy a very Merry Christmas as a result of our actions. It is not a drop in the bucket. It's a lot of people out there that needs help and we've done and taken one more step to do that. I also want to acknowledge the Manager, his staff, the Building Department and the Southeast Overtown Park West CRA (Community Redevelopment Agency) for all of their efforts in spending time coming up with this legislation. Thank you very much. Vice Chair Russell: You're moving like a pro. Commissioner Reyes: You're very welcome, sir. Vice Chair Russell: Moving like a pro. All in -- and did we already vote? All in -- we voted on that, yes. Thank you. Commissioner Reyes: No, we voted on first reading. Commissioner Diaz de la Portilla: We got to vote on this one, second reading. Commissioner Reyes: This vote is second reading. Vice Chair Russell: Second reading. Thank you. It's getting late. All in favor, say "aye. The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 163 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 NA.4 8350 City Commission NA.5 8351 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO REIMBURSE ALL ELIGIBLE EXPENSES UNDER THE CITY OF MIAMI RENTAL ASSISTANCE AND EVICTION PREVENTION PROGRAMS FROM THE CORONAVIRUS RELIEF FUNDS ("CRF") FROM THE UNITED STATES TREASURY DEPARTMENT THROUGH FLORIDA HOUSING FINANCE CORPORATION ("FHFC"), FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0404 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number NA.4, please see Item Number NA.3 and "Order of the Day." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE MORTGAGE ASSISTANCE PROGRAM GUIDELINES ADOPTED ON JULY 23, 2020, PURSUANT TO RESOLUTION NO. 20-0237 AND ON SEPTEMBER 24, 2020, PURSUANT TO RESOLUTION NO. 20-0293, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO PROVIDE MORTGAGE PAYMENT ASSISTANCE UTILIZING CORONAVIRUS RELIEF FUNDS, FROM THE UNITED STATES TREASURY DEPARTMENT THROUGH FLORIDA HOUSING FINANCE CORPORATION, IN CONFORMITY WITH THE LOCAL HOUSING ASSISTANCE PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-20-0414 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson City of Miami Page 164 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 NA.6 8353 City Commission NA.7 8354 City Commission Note for the Record: For minutes referencing Item Number NA.5, please see Item Number NA.3 and "Order of the Day." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR FOR THE PRIVATE PROPERTY LOCATED AT 2805 SOUTHWEST 32 AVENUE, MIAMI, FLORIDA PURSUANT TO SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," TO ALLOW FOR THE SALE OF LEGAL FIREWORKS STARTING DECEMBER 11, 2020 AND ENDING DECEMBER 31, 2020. ENACTMENT NUMBER: R-20-0416 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number NA.6, please see Item Number NA.3 and "Order of the Day." DISCUSSION ITEM SPECIAL APPEARANCE BY COUNTY COMMISSIONER RAQUEL REGALADO REGARDING A STATUS UPDATE ON (1) CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT) FUNDS; (2) EVICTIONS AND UPCOMING EXPIRATION OF THE EVICTION MORATORIUM; AND (3) FUTURE COUNTY LEGISLATIVE ITEMS THAT MAY AFFECT THE CITY OF MIAMI. RESULT: DISCUSSED Vice Chair Russell: I'd like to recognize County Commissioner Raquel Regalado, who's with us today. If you'd like to address this body, you're more than welcome. Commissioner Reyes: (Comments in Spanish not translated) Raquel Regalado: There we go. Thank you very much. It's a pleasure to be here with you today. So, first and foremost, like I promised when I was campaigning, and like I did when I was on the School Board, I'm here to take all your questions and to talk about what's going on at the County Commission. I'm going to assume that we're going to start with CARES (Coronavirus Aid, Relief,' and Economic Security) Act funding, which is something you're going to be talking about later on. So, I'm happy to discuss the resolution and then also what's happening in terms of our use of the funding and the last information that we received from Ed Marquez last week. Commissioner Carollo: Yeah, but you are bringing us a check, right? City of Miami Page 165 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Ms. Regalado: If only it was that easy, right? Commissioner Reyes: At least give us a promise. Ms. Regalado: Well, I'll explain what happened at our last meeting. So, at our last meeting, Commissioner Hardemon brought an item on the dais. And I think we 've already provided you with the actual reso which was given to us yesterday. And I amended that resolution and really wanted to talk about what I feel should be a priority and why that's in this resolution. But the idea was that the original County Commission had established two buckets of CARES Act fimding. One was a 25 million and the other was a 75. The 75 was the FEMA (Federal Emergency Management Agency) match. And what we were discussing at our County Commission meeting was that the County has given funding to non profits. Once and twice in this case, we actually provided a non-profit with some funding at this meeting, and that why is it that the nonprofits were having a better opportunity to use findings, and the cities and the County were not having success in terms of their programming and in accessing funding. So, the good news is, it's not a check, but it's -- at least it's not a reimbursement. The way that this reso impacts what is in that FEMA bucket, is that you, as a city, are now allowed to apply using the same vehicles that non profits were using. So, it's not a straight reimbursement as it was before. And obviously, this requires a change in your MOU with the County, right? I know. But hopefully, it's not too painful. We also extended the time. You have until the end of the month to use this funding, so it's a little bit better than December 15th. We're actually going to be meeting on December 15th, so if you have any issues in terms of your MOU, if you have any questions, that would be the appropriate time. If you need me to bring it up -- obviously, you have several County Commissioners that represent the City of Miami, but I'm happy to. If the Manager wants to speak -- or Casamayor - - to Ed Marquez, we're happy to set that up also. I know some of my other cities are already negotiating changes to their MOU and that gets us to the priorities and a little explanation of what's going on with the CARES Act funding. So, the way that the County Commission set up the funding paradigm for the CARES Act is that whatever is unused would go to pay for what the County has overspent in operations. So, that's why when you look at the accounting that was provided to us, you see a deficit of 36,538,681. That's because there's been certain areas, for example, testing, where the County has overspent more than it's allotted. And that's why when this came up at the County Commission, one of my fellow Commissioners said, well, if we make it easier for the municipalities to use this funding, this means that the County will have to come out of pocket for its overspending on the CARES Act. That is actually true. But we're working on that, and the majority of the County Commission felt that we can figure that out on our end, and we wanted to make sure that the cities had access to the funding, and this wasn't just about making the situation more complicated and then drawing down. So, we're currently working on going back to our budget and on reducing costs so that we can balance our books and get over this hurdle. So, that being said, we really want you to use the money. My personal preference and the amendment that Commissioner Hardemon accepted on what I'm here to talk to you about in part is that you consider prioritizing rental assistance and eviction prevention. So many of you remember I spent 18 months on the Value Adjustment Board when I was a School Board member, and I spoke a lot at our last meeting about my concerns in terms of property valuation. I think we should all he concerned. You know, we can all have different ideas as to the best use of the CARES Act funding, but I think at this point, we really have to have a conversation about the evictions cliff, about how many people are in the evictions process. Right now, what we have is the CDC (Center for Disease Control) order that expires on December 31st. We have great organizations like the Homeless Trust and Camillus House helping to place people, but unfortunately, the eviction moratorium as established by the County, which only means that the County mayor, as the sheriff is not effectuating the writs of possession will lead us to a point where we will have to effectuate all City of Miami Page 166 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 these writs. When that happens, people will be homeless. So, once upon a time, the Governor said that judicial actions were not going to move forward. That only lasted a few months. The executive order from the Governor stopping the final judgment, that ended in August, which is why all we have now is the CDC and this moratorium. And the concern is twofold. Number one, that in a time where people should be staying at home and staying safe, we're going to put them out on the street, and number two, that the owners of those properties are then going to go to the property appraisal and dramatically reduce the value of that commercial property because of the reduction in revenue. One of the things that's important to keep in mind is that while residential properties establish value by market rate, commercial properties establish value by revenue and expenses. So, if you have a commercial property that has not received revenue -- rent, for example -- for seven or eight months, we're going to see a dramatic change in this fiscal year. That's not forever, but that's this next fiscal year and that's the concern. So, that's why I think that at this point we really need to focus on eviction prevention and rent abatement. At the County, what we have done is we've raised the cap for our landlord program. At first, as originally established, our landlord program was only applicable for people who owned ten or less units. We've actually dramatically raised that cap. I know that you all are going to be talking about rental assistance in the fu -- in this meeting, and I know that it 's complicated because of the paperwork and walking people through this and getting them to understand that this is important. But I hope that you will do that, and you'll prioritize that as much as possible. So, happy to take any of your questions on the reso or on what's happening at the County in terms of the CARES Act funding. Vice Chair Russell: Thank you, Commissioner. Commissioner Diaz de la Portilla, you're recognized. Commissioner Diaz de la Portilla: Thank you, Mr. Chairman. Congratulations on your victory, Commissioner. Ms. Regalado: Thank you. Commissioner Diaz de la Portilla: You talked about the -- forget the -- putting aside the $25 million allocation, you had a $75 million allocation, as Commissioner Hardemon's amendment, I believe, right? Was -- is that for all cities, all municipalities? Ms. Regalado: This is -- right. This is for all municipalities. All municipalities are going to be able to access the funding. Commissioner Diaz de la Portilla: Correct. Because he created a perception that it's for the City of Miami. So, you're talking about all 34 municipalities. What -- how much of that is for the City of Miami? Ms. Regalado: Well, right now, spent from the FEMA funds for the municipalities -- I'll tell you right now. So, the municipalities have in progress 58,620. Commissioner Diaz de la Portilla: No, no, no. Of the 75 million. Ms. Regalado: Oh, the 75 million. Commissioner Diaz de la Portilla: Of the 75 million, how much of that has been allocated? Ms. Regalado: So, spent is 16, 380, 000 -- Commissioner Diaz de la Portilla: Sixteen? City of Miami Page 167 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Ms. Regalado: 16,380, 000 already spent. Commissioner Diaz de la Portilla: Okay. Ms. Regalado: And then in progress, which means may apply or may not apply, about 50 million. Commissioner Diaz de la Portilla: Wait, I'm not understanding. Just Miami's portion. Ms. Regalado: Oh, I don't have just Miami's portion. Commissioner Diaz de la Portilla: Well, you're in Miami. You're not in the other 34 or 33 municipalities. Ms. Regalado: I'm also not Ed. Commissioner Diaz de la Portilla: No. I know, I know, I know. But if you come here before this Commission and you tell us that Commissioner Hardemon had an amendment or a reso that was worth $75 million, that's not accurate. $75 million is for the entire County. Ms. Regalado: For all the municipalities, right. Commissioner Diaz de la Portilla: That's a big difference but you're not addressing all municipalities -- Ms. Regalado: Well, I said at the beginning that the prior County Commission had established 75 million -- Commissioner Diaz de la Portilla: I know. Ms. Regalado: -- for FEMA match and 25 million for all municipalities. Commissioner Diaz de la Portilla: Correct, correct. So -- Ms. Regalado: It's a hundred -million -dollar bucket for all municipalities. Commissioner Diaz de la Portilla: I know, but I would think that if you come before the City of Miami that you would have a exact number of how much of that $75 million was to the City of Miami, because we have people here in the press that may, misinterpret and think that the $75 million the County's allocated is for our city. So, it's better if you would say the exact amount of how much the Miami -Dade County Government has allocated for reimbursable expenses to the City of Miami. Ms. Regalado: Respectfully, Commissioner, I think that's a question for your Manager, who's the person who's submitting -- Commissioner Diaz de la Portilla: He's not the one that's making -- Ms. Regalado: -- that request through to the County. Commissioner Diaz de la Portilla: Commissioner, he's not the one that's making the presentation. You are. You 're coming before us today and talking about what _you've done for us. I want you to tell you what you've done for us. Us is the City of Miami. It's not the 34 municipalities. But he's not here. He's got COVID-19. He's not City of Miami Page 168 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 making a presentation; you are, and you're telling me that you don't have the number of what you've done for the City you're testifying before today? You don't have the actual number of what the City of Miami -- what you have -- with the Miami -- Ms. Regalado: I did not bring the actual number -- Commissioner Diaz de la Portilla: Okay. That's -- Ms. Regalado: --Jbr the City of Miami. Commissioner Diaz de la Portilla: Okay. Then that's my question. Okay, thank you. Ms. Regalado: Okay? Mayor Suarez: Is it divided by population or by need? Ms. Regalado: Yes. Mayor Suarez: It is by population, so we should be able to extrapolate that. Ms. Regalado: Your County Manager has been applying, for this fund. He should tell you exactly how much the City has, A, received, and B, has in progress. 1 mean, I'm happy to have Ed send the actual City of Miami numbers. We can ask him for specific reports and that's something that I'll be happy to send to the Commission. Commissioner Watson: Commissioner. Vice Chair Russell: Yes. You 're recognized. Commissioner Watson: Through the Chair. I think we're going to be very deferential to you, and congratulations, because you are new. But unfortunately, everybody up here is a little bit peeved about this, and so I'll apologize in advance if I come off wrong. This money was received by the County way back when early in the year. Then we get it in November -- Ms. Regalado: I agree with you. Commissioner Watson: -- okay, in order to spend it a certain way. And now you come and tell us how we should prioritize it, right? And so, you should understand, if now there's a presentation to be made to us, at least we understand now what those amounts are because that information goes out to the public and it seems like we 're holding on to money that we just got, okay, and now not able to spend for the betterment of our residents. So, I know it's not our -- Ms. Regalado: Well, Commissioner Watson, if you allow me to explain, I was actually critical of the allocation of the CARES Act funding by the County. I was not part of the Commission who made that decision. I was one of the people that thought that they should have done a better job, not only of providing it to the municipalities, but even within the County programming, they were very late. This is a attempt to right some of that wrong by the current Commission. Like I mentioned, we do it at our own detriment and some of the County Commissioners don't agree with what was passed this week. My point is to provide you with the information in a timely manner. I'm happy to do that. I think on this count, we can both agree that the County could have done it better. And I hope that, you know, me being here is in part a move in the right direction in terms of having a better relationship with the Board of County Commissioners. City of Miami Page 169 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Vice Chair Russell: Thank you, Commissioner. Commissioner Reyes then Commissioner Carollo. Commissioner Reyes: Yeah. Yes. As I understood you said that it could be based on -- it's going to be $25 million, it's going to be divided based on population? Ms. Regalado: This is the 75 million that was set aside for the FEMA grant. Commissioner Reyes: Yes. But what is left -- the -- what is going to go to the -- Ms. Regalado: Right. Commissioner Reyes: -- to the -- Ms. Regalado: Yes. Commissioner Reyes: -- to the municipalities. Ms. Regalado: Yes. Commissioner Reyes: I mean, it's left -- 25 millions is left -- Ms. Regalado: Right. Commissioner Reyes: -- and is it going to be divided by population? Well, we can probably infer that being us 18 percent of the population, the City of Miami, it will be about $4.5 million. I wish they can see that or more, you see. That could be our -- Ms. Regalado: It also depends on -- Commissioner Reyes: -- if it is going to be divided like that and you don't have any other -- I mean, you don 't includes other -- Ms. Regalado: Right. The other thing is who 's going to apply? I mean, I can tell you that some of the smaller municipalities are not going to be applying for any more. We know that some of them had already moved some funding, so I think the larger municipalities are the ones that are going to be moving forward with programming at this point. Not every municipality is in a place (INAUDIBLE) -- Commissioner Reyes: What is the timeline for applying? Ms. Regalado: Until the end of the year, so December 31 st is what we established. Commissioner Reyes: So, we should be applying, or we should had applied already, right? Ms. Regalado: Well, what the resolution does now is instead of as a reimbursement mechanism, it allows you to use the mechanism that was used for the non -profits. Commissioner Reyes: Okay. Ms. Regalado: So, that's a little different in a sense that you provide the programming, and the County will approve it, and then provide the allocations. Commissioner Reyes: Wait. Wait. We provide the -- I mean, we incur the expenses and then we collect from you guys? City of Miami Page 170 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Ms. Regalado: Well, that was -- Commissioner Reyes: Are you going to reimburse because 1 don 't understand that. Ms. Regalado: Well, originally, it was exclusively on reimbursement and one of the things that we talked about at the County Commission meeting is that we believe that that was not equitable. Why is it that the municipalities had to spend and then get reimbursed while the non -profits simply applied and received the funding? Commissioner Reyes: Absolutely. Ms. Regalado: So, in this last phase of it, for what it's worth, we tried to rectify that. And what we established is that the municipalities can now use the same vehicles as the non profits has used to date. Commissioner Reyes: Another question. Ms. Regalado: Sure. Commissioner Reyes: It's before December 31st, which we could, I mean we should apply, and spend the money, right? Ms. Regalado: Well, that's where it gets a little gray with the County. The County is saying that whoever -- it's like a race to apply, so there isn 't that much money left. There -- Commissioner Reyes: Okay. Ms. Regalado: -- is the possibility that there may not be anything left beyond that point. Commissioner Reyes: Okay. Mr. Casamayor, have we applied for that -- those funds yet? Fernando Casamayor (Chief Financial Officer/Assistant City Manager): No, sir. We have not applied for any new funding that may be available from the County. We just got a copy of that resolution that has -- Ms. Regalado: This just came out. To his defense, it just came out, and now you know -- Commissioner Reyes: Okay. Ms. Regalado: -- the first step is amending the MOU -- Commissioner Reyes: Okay. Ms. Regalado: -- and I would recommend that you by to do that as soon as possible - Commissioner Reyes: Yes. Okay. Ms. Regalado: -- and then seeing what's left. Commissioner Reyes: Thank you, Raquel. Thank you very much. Commissioner Carollo: Chairman. City of Miami Page 171 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Ms. Regalado: My pleasure. Commissioner Carollo: You know that I have to be the toughest on you, right? Raquel, congratulations on your big win. Ms. Regalado: Thankyou. Commissioner Carollo: And second of all, thank you very much for being the only County Commissioner that has been willing to come up here -- Commissioner Reyes: Yes. Commissioner Carollo: -- and talk to us and explain as best as you can what has happened before you got there. I truly appreciate that. Ms. Regalado: Thankyou. Commissioner Carollo: That's it. Ms. Regalado: Thank you, Commissioner. Well, just really quickly so that you all know because it does impact the City. Right now, the County is working on releasing the report that has to do with Biscayne Bay. We should -- we're expecting that any day now. There's also a second report on septic to sewer as some of you know. It 's a big deal for me, so 1 hope to be back soon to talk to you about those two reports and next steps. I am bringing an item to the County Commission that has to do with the inspection of the septic tanks. And then at the prior meeting of the County Commission, we did approve an item that I'll also bring to you once we have a report, and that has to do with pandemic trash. It 's about people throwing masks and gloves in the street, so we're going to come back with a report and one of the things that we may be adding to our legislative agenda, and I'll end on that. The County will be working on its legislative agenda soon. I hope that we can work with the City and try as much as possible to speak with one voice. Thank you. Commissioner Watson: Commissioner. Vice Chair Russell: Thank you, Commissioner. If I could, just one last question about the -- Ms. Regalado: Sure. Vice Chair Russell: CARES funding. Yes, rental assistance, something we're working on, and that is very important that we need to prioritize. Are there limitations on the funds that are allotted to us at this point? Ms. Regalado: No. We didn't do that. We just established that it 's a priority that we would like to see, but we wouldn't limit -- Vice Chair Russell: So, from a programmatic perspective, if we wanted to help businesses, if we wanted to help residents directly with food or whatever, it's an open spend -- Ms. Regalado: Of course. Vice Chair Russell: -- for COVID-related relief? Ms. Regalado: Of course. City of Miami Page 172 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Vice Chair Russell: Because one of the things we 're taking up today is with regard to the curfew. And that's a big issue, and a lot of the talk has been how do we mitigate the economic effect that we're causing, not on the nightclub owner per se, but on the worker, the one who cleans, the one who serves, those who will be put out of a job. And we want to see policies that prioritize health but don't forget about the responsibilities we have on the tail end of that, the effects that we cause through those policies. Is this funding the type of finding we could use to help those people and businesses? Ms. Regalado: The requirement remains the same that it needs to fall under FEMA approved COVID programming, which it does. As long as you can find a nexus between the pandemic, and in this case, public health and safety, 1 don't think that you should have a problem. Other cities and other counties around the nation have actually used it for this type of programming so you all decide what your priorities are. Us, we just made a recommendation in terms of rent abatement and eviction protection because we'll be back in June, right, to give you the property values and I just want to make sure that we're all on the same page. Vice Chair Russell: No. Thank you very much -- Commissioner Reyes: Thank you. Vice Chair Russell: -- and thank you for coming. Commissioner Watson: Commissioner -- Commissioner Diaz de la Portilla: Commissioner, I have a -- Vice Chair Russell: Yes. You are both recognized. Commissioner Watson: -- I just -- oh, go ahead, Commissioner. Commissioner Diaz de la Portilla: I just have a quick question for you, Commissioner. Ms. Regalado: By all means. Commissioner Diaz de la Portilla: Has the County done its legislative priority list already? Ms. Regalado: Has it --? You broke up. What? Commissioner Diaz de la Portilla: Its legislative priority list, has it -- Ms. Regalado: We have not started our legislative priority process. We're going to start that in January. Commissioner Diaz de la Portilla: Okay. And when will you have that ready -- Ms. Regalado: Well -- Commissioner Diaz de la Portilla: -- do you think? Ms. Regalado: -- what we're -- there's new members of the Commission so we're hoping to do it a little bit sooner than historically the County has done it. We would also like to change the process, so we'll see. It's on -- it's going to be on the agenda City of Miami Page 173 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 NA.8 8355 City Commission for January about making the process a little bit different and doing it a little bit sooner. The County historically has it done much later in the year, way too close to when the session starts. Commissioner Diaz de la Portilla: Right. Because on January 11 th, (UNINTELLIGIBLE) Committee Week start in Tallahassee as you know. Ms. Regalado: Yes. Commissioner Diaz de la Portilla: So, the process you are going to institute at the County is a process where the County Commissioners have more input into that agenda -- right? -- or that legis -- those -- that list. Ms. Regalado: Well, historically, the way that the County Commission does it is that they have a list of priorities, and they all list it, and then there 's a tally. What we would like to see is something more comprehensive that includes a discussion and participation of stakeholders and then also input on what the municipalities and other groups are doing so that we can align our legislative agenda. Commissioner Diaz de la Portilla: Okay. Can you get us a copy of that when you finish with that to this Commission? Ms. Regalado: Of course, as soon as it 's ready. Happy to do so. Commissioner Diaz de la Portilla: Thank you, Commissioner. Thank you. Vice Chair Russell: Commissioner Watson. Commissioner Watson: Commissioner, I just wanted to say, if I didn 't, congratulations on your victory. Ms. Regalado: Thank you. Commissioner Watson: We have worked on things in the past. Your uncle worked for me, and I helped your dad in a past life so -- Ms. Regalado: Yes. Well, congratulations to you too, Commissioner. Commissioner Watson: Thank you. No animosity on my part. We just all have some angst over this program. And you weren't there before, and so I just want to make sure that my comments are not directed at you, okay? Ms. Regalado: Well, we're hoping that we can mend those relationships. Thank you. Vice Chair Russell .• Thank you for joining us today. DISCUSSION ITEM DISCUSSION BY THE CITY COMMISSION REGARDING THE INTERVIEW AND SELECTION PROCESS FOR A CHIEF OF POLICE. RESULT: DISCUSSED Commissioner Diaz de la Portilla: Before we move -- Mr. Chairman -- City of Miami Page 174 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Vice Chair Russell: Yes, sir. Commissioner Diaz de la Portilla: -- before we move out of boards and committees, let me ask Mr. Casamayor -- oh, he's not there? Oh, Zery, welcome. Nzeribe Ihekwaba (Deputy City Manager): Thank you, sir. Commissioner Diaz de la Portilla: The -- as far as the police chief is concerned, I believe there's a board, an interview board that each Commissioner gets to name one person to that interview board, that -- Mr. Noriega shared that with me. Is that still the case? Commissioner Carollo: What board are we talking about? Mr. Ihekwaba: What board? Commissioner Diaz de la Portilla: Mr. Noriega, our City Manager, had told me that the Commission would -- each Commissioner would pick one member of an interview committee. Commissioner Carollo: For? Commissioner Diaz de la Portilla: The selection of the police chief. Vice Chair Russell: I don't believe we formally created a board. Commissioner Carollo: I'm glad -- Commissioner Reyes: Yes. Commissioner Carollo: -- somebody besides me remembered that. Commissioner Reyes: Yes, I did. I have a great -- like you, Commissioner, I have a great memory. It's our blessing and our curse, Commissioner, right? Vice Chair Russell: So, there has not been a board constituted to this effect. I believe it was a discussion that was had plus a binder that was circulated. Commissioner Carollo: Now, what happened -- Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: Right. That's how it happened, yeah. Commissioner Carollo: -- I was trying to make the process the most transparent as possible. But because of charter concerns, the City Attorney said that we did not even have the right to establish an advisory board of top-notch former police chiefs or special agents in charge. The City Manager then stated that he would come to each of us and speak to us so that we will give him a recommendation and he would constitute the committee himself in that fashion. I don't believe that's happened. I don't know if the committee has been established per se, and if so, who's in the committee. I will say this to you that I have some very great grave concerns on how this process is going and if we don't learn from the past, the history will repeat itself. So, this is why I have a charter amendment that we'll be talking about soon to clear the dust for the near future. And if a real professional, and I don't care who it is, where they come from, who they are, for real professional top-notch police chief is not chosen, that the people of Miami will decide in November through the City of Miami Page 175 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commission to act openly and speak for them and find one, and for commissions in the future to be able to do so. Vice Chair Russell: Thank you. Madam City Attorney, you were literally clutching your pearls as he was speaking. Would you like to address the issue of the board? Victoria Mendez (City Attorney): Right. We had discussed at the last Commission meeting that, unfortunately, pursuant to the charter that we could not have a committee with members placed by this Commission to choose the next police chief. But obviously, you are allowed to ask questions, find out what the process is, what the status is, what's been happening, who's on a committee. You can inquire to your heart's content. We just can't place anyone on a committee, so that the Manager can Commissioner Carollo: But that's not what I stated, Madam City Attorney. I've acknowledged what you told us the last time. What I'm talking about is that the Manager volunteered that he wanted to, and he was going to come to each of us and as for our suggestion on whom he should name from each of us. Ms. Mendez: I'm glad that he wants to do that voluntarily, but I still think that would be a problem with the Charter. We -- again, it would have to be that you are inquiring, asking questions, what have you, not appointing someone. Even if it's voluntary or not, even if the Manager is forcing you or not, you're -- pursuant to the Charter, unfortunately, there is no process to do that. Vice Chair Russell: Commissioner Diaz de la Portilla, you're recognized. Commissioner Diaz de la Portilla: Can you read to me what the Charter says for the precise language? Ms. Mendez: Neither the Mayor nor the City Commission, nor any committees, nor members thereof shall direct, request, take part in or dictate the appointment or removal of any person in office or employment by the City Manager or subordinates or in any manner interfere with the City Manager or prevent the City Manager from exercising his or her own judgment in the appointment of officers and employees in the administrative service. Unfortunately, the words "take part in" -- forget everything else, just "take part in" -- Commissioner Diaz de la Portilla: No, no, no -- Ms. Mendez:: -- is very -- Commissioner Diaz de la Portilla: -- you can't forget everything else. Ms. Mendez: Okay then, listen to everything else. Commissioner Diaz de la Portilla: I am, I am. Well, let me ask you -- let me ask you the question. Exercising his judgment. You also have to take that into account. That's what the City -- I met -- I also met with the City Manager. I think we all did on this issue. And he was very clear to me. He made it very clear after you gave your opinion here on the dais, after that meeting, that he wanted to talk to each Commissioner, that he was going to talk to each Commissioner and ask what they recommended, what they thought, what their thoughts were. So, his judgment, if I sit down with our City Manager and I say, "Look, I think Joe Smith is a really talented guy that could be -- do -- knows how to interview, has law enforcement experience. I think that this guy will be great." And as he exercises his judgment, he decides on his own. I don't take part in that judgment -- that decision -making. I'm not in his head. City of Miami Page 176 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 1 'm not taking part in the decision -making process. It's his judgment as he exercises that judgment, he says, "Let me take a look at this guy and this guy is a guy that Alex Diaz de la Portilla or Commissioner Carollo or Commissioner Reyes mentioned as a possible guy. In my judgment, you're right. This makes sense. I decide -- I solely -- I decide that I want to name Joe Smith to this interview committee or the selection committee." Why is that a violation of the Charter? Ms. Mendez: I've given you my opinion. I've -- Commissioner Diaz de la Portilla: I know. Ms. Mendez: -- read the section -- Commissioner Diaz de la Portilla: I'm asking you for your opinion -- Ms. Mendez: -- of the Charter. Commissioner Diaz de la Portilla: -- but I'm asking you to be precise in the language that we talked about. Ms. Mendez: But it is -- it says -- it's pretty clear. It's -- it just says that you cannot direct, request, take part in, or dictate the appointment or removal of any person -- Commissioner Diaz de la Portilla: It's not an appointment. It 's a conversation. It's not -- I'm not taking part -- Ms. Mendez: Right. So, the conversation -- Commissioner Diaz de la Portilla: I'm having a conversation with someone. Hey, Joe Smith is a really talented guy. He knows about law enforcement. He 's an expert in this. I'm not taking part in his decision. I'm not saying I think he should do this, or I recommend you do this, or what about this. Why you don't appoint this? I'm saying, this is a good guy that I think will be great for this role. And then he exercised his judgment on his own and says, `I took the advice from Commissioner Carollo, from Commissioner Reyes, from Commissioner Watson, or Commissioner Diaz de la Portilla, and even Commissioner Russell." And he says, "Hey, this is a good idea." I'm not taking part in him picking anyone. We're not taking part in him picking anyone. We're simply having a conversation as we would normally do on a regular basis with the City Manager about the people that are talented people that can help him in this process. In his judgment, solely in his judgment, after taking all the information -- judgments are based on information that you get from reading, from talking to people, from, you know, getting different opinions, and then you exercise your judgment and say, you know what, I have enough information. I like Joe Smith. That's the way I interpret that. I don't interpret it as us mandating or dictating or taking part in the selection of anyone. Rather having a conversation about ideas, sharing ideas with a City Manager and that manager draws his own conclusion, exercises his own judgment, and picks that person that I -- that I or Commissioner Reyes or Carollo or anyone else on this Commission picked. So -- I'm not -- I don't agree with your interpretation of this. I do agree that we cannot name -- that we can - - from the dais, we cannot name anyone so we're going to name a committee and that I agree with. But the fact that we have the right to have a conversation with the City Manager and give him our thoughts and our ideas as duly elected officials, I think it 's a good thing for the process. Ms. Mendez: Right. but that's -- Commissioner Diaz de la Portilla: I think it's a transparent way of doing this and I City of Miami Page 177 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 think that to put those limitations and not having this Commission -- the same way 1 think Commissioner Carollo has said publicly that he wants to have some -- to go through an interview process here. Commissioner Carollo is the only one on this dais that has served as mayor for this City, so he 's dealt with many police chiefs. He knows the selection process. He knows the mistakes that can be made along the way. After that, the fact that we're in a COVID-19 world today and add to that the fact that we're in the world where there 's a lot of tension between our -- the police establishment and a lot of our population, that we -- this process, in particular, is extremely important for this Commission to get it right. And the more transparent we are, the more people see who the candidates are, the better off everyone 's going to be. The better way it's going to be -- and the better off the process will be, and the better chief we're going to pick at the end of the day. To me, to not go through that due diligence is a mistake, and a mistake 1 think that many of us will regret if we don 't go through that proper process at this juncture in our City's history. Commissioner Carollo: Well, this City cannot afford that kind of mistake again. And so far, I haven't seen the kind of transparency that I feel this process should have. We haven 't been asked for any kind of input, not on who to pick, but on the process. We were told certain things, and so far, that hasn 't happened. But let me ask you this next question to see if we can even do this. If we would like to hear from some of the applicants so that the public could hear from them, see who they are, at least give the public some transparency that these are some of the applicants that are applying that we think are some of the best, just so the public can hear for them and we could ask them questions, can we even do that, do you think, Madam City Attorney? Just to listen. Ms. Mendez: I think that you can definitely advise the Manager that you would he interested in listening to all the candidates and for them to give speeches and to have you -- Commissioner Carollo: No, no. I'm not saving all the candidates because we don't have the time for all the candidates and not all the candidates are qualified for this position. Ms. Mendez: Or his top five or whatever. Commissioner Carollo: No. You can't have a guy that comes from a town of 20 that, you know, outside of you know, Deputy Fife, he didn't have anybody else under his command apply for being a police chief of a city the size of Miami with over 1,300 police officers sworn and close to 2,000 people in a department. So those, I don 't even want to hear from. So, my question is, can we ask from the list for X amount of these people to come if they want to, and hear from them so they could speak to the public of Miami why they feel they should be hired to be the next Chief of Police of Miami and what their qualifications and background are? Ms. Mendez: You can advise the Manager that you would like to hear from the potential candidates. I would -- I would request that you don't ask questions of them. Just give them a presentation to give you -- Commissioner Carollo: No, no. I'll even put handcuffs on myself and every one of my colleagues -- Ms. Mendez: I, unfortunately -- Commissioner Carollo: -- so that we can't do anything. Ms. Mendez: -- I did not write the Charter. City of Miami Page 178 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: 1 mean, after all, we were just elected, you know, to -- Ms. Mendez: I did not write the Charter and you -- Commissioner Carollo: I understand you did not. Ms. Mendez: -- and I have talked extensively about rewriting it, and I understand the frustration. Commissioner Carollo: 1 understand you did not, but 1 also have gone through this process many, many times. And I'm going to -- well, maybe I shouldn't. Let me be politically correct and not tell you how some things were done in the past. What this department and this City cannot withstand anymore are all the political deals and shenanigans that have gone on behind the scenes. We have a department that 60 percent of our officers have been here four years or less, a department that even though I'm going to be damned by some and I will see that guy that gets a $135,000 from sitting at home and weightlifting and having a good old time making YouTube commercials be blasting again. I'm going to say what many people know, but don 't want to say. We have a major discipline problem in our department. We have a major problem with supervision. We have many, many problems. Not the least that many of our young officers got used to getting cash in the past from a lot of places, particularly alcohol establishments. So, when you have that kind of problem, and I won't get into many others, we need discipline. We need someone that's going to be - - has the experience of being a big -city police chief, assistant chief a major position, to come here and do what's right. 1 don't want to see someone hired because, you know, a sergeant of arms, a private, a corporal blows in somebody's ear, "Boy, he will be good. You know, he's my buddy," and they're doing it because if this guy gets appointed chief they're going to then be moving up in ranks and, you know, that whole thing that has gone on here for too long. Now, I'd like to hear and invite some of the people that have applied, some local, some not local, to come and have the public see them and for us to hear from them. It's the Manager obviously that makes the decision. But I also want in a little bit to have you, if the Commission approves, obviously, instruct you to start working on a Charter amendment so you can bring it back at the right time based upon the Charter because now we can't approve it, so that this Commission, for years to come, will have in the Charter that we will be responsible in a very transparent process that should be described how it will be in choosing a police chief a fire chief, and a budget director. These are three key positions that a Commission should have a heck of a lot of say so on. And it should be in an open, transparent process where no shenanigans are going on or horse -trading behind closed doors. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Just -- not to belabor the point, Ms. Mendez, but is there anything in our Charter that prevents us or from requesting that the City Manager, after he narrows down the -- I think the list is now 37 or something. Is that correct, Mr. Casamayor? But you don 't know? Fernando Casamayor (Assistant City Manager): I don't know, sir. Commissioner Diaz de la Portilla: Well, I didn't think you were going to tell me. Commissioner Carollo: When you said 37, Commissioner -- Commissioner Diaz de la Portilla: Yes, sir. City of Miami Page 179 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: -- were there more than that applied -- Commissioner Diaz de la Portilla: 1 think so. Commissioner Carollo: -- than the 37? Commissioner Diaz de la Portilla: I think it's -- well, the number that I heard was 37. That's why I'm asking Mr. -- Commissioner Carollo: The total number that applied. Commissioner Diaz de la Portilla: The whole number. Yes, sir. And I figured that you would tell me. That you would know the number since you're sitting in as the City Manager there, of how many people have applied to be police chief of the City of Miami. It's not like a difficult number to memorize, right? 37, 38, I mean, you would know that. I figured you -- or you would tell me that, but you're not. Okay. Is that -- once he narrows that down to ten, let's say, is there anything that precludes this Commission from requesting that those interviews be conducted in public, in the sunshine? Ms. Mendez: That you just want to request the Manager to conduct interviews -- Commissioner Diaz de la Portilla: Is there anything that precludes -- that prevents this Commission from requesting or directing that those interviews conducted solely by the Manager without any Commission participation just be conducted in the sunshine, in public? Ms. Mendez: I -- Commissioner Diaz de la Portilla: In other words, the Manager sitting there, the police chief sit -- standing there, and the City Manager asking him the questions that he would ask him in a private interview in an office. Is there anything in the Charter, not your opinion and policy, I'm talking in the Charter that prevents us from doing that? Ms. Mendez: So, the words that I most hang on, unfortunately, are "take part in" or "dictate." I think that a request from you that the Manager -- the Manager has obviously heard everything that you have said and how you feel about -- Commissioner Diaz de la Portilla: Is there anything that prevents the Manager from himself saying, I -- to this Commission, "I'm going to do these interviews so that these last ten people" -- Ms. Mendez: There's nothing that prevents it. Commissioner Diaz de la Portilla: In front of the public, in front of the press, and in front of this Commission and all citizens of the City of Miami, whoever wants to watch it right here in this chamber? Ms. Mendez: Right, there's nothing that prevents that much ofa transparent process. Vice Chair Russell: Thank you. City of Miami Page 180 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 NA.9 8356 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO BEGIN THE PROCESS OF PREPARING A SUBSEQUENT RESOLUTION FOR THE CITY COMMISSION'S CONSIDERATION THAT WILL DIRECT THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") FOR THE PURPOSE OF REQUIRING CITY COMMISSION APPROVAL OF THE APPOINTMENT OF THE POLICE CHIEF, THE FIRE CHIEF, AND THE DIRECTOR OF MANAGEMENT AND BUDGET, AND TO PRESENT SAID RESOLUTION TO THE CITY COMMISSION FOR CONSIDERATION PURSUANT TO THE TIME FRAME PROVIDED FOR IN THE CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA THAT WILL PERMIT THE CHARTER AMENDMENT TO BE PLACED ON THE NOVEMBER 2021 CITY OF MIAMI GENERAL ELECTION. ENACTMENT NUMBER: R-20-0417 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Vice Chair Russell: Does that conclude Discussion Item 2, or do you have further points on the charter amendment subject? Commissioner Carollo: The -- hold on. I know -- Vice Chair Russell: We hadn't officially taken it up and it kind of -- Commissioner Carollo: Yeah. Vice Chair Russell: -- the conversation went into this. Commissioner Carollo: Well, no, two, I would like a resolution that we instruct the City Attorney to start working on a charter amendment that will establish certain criteria that future commissions will be bound by in establishment, open and transparent processes on the choosing of a police chief, fire chief and budget director, for the Commission to choose and vote upon, and I would suggest that you each meet with her. There'll be plenty of time before we could even vote on it, and then it conies back to us for approval. How many days before? Ms. Mendez: 120 -- Commissioner Carollo: Okay. Ms. Mendez: -- before the election. Commissioner Carollo: Before the election, okay. Vice Chair Russell: Any further discussion on Discussion Item 2? City of Miami Page 181 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Commissioner Carollo: So, there's a motion on that. Vice Chair Russell: So, there's a motion directing the City Attorney to work with each Commissioner and come back in -- do you have a time period? Commissioner Carollo: Well, as soon as we're allowed to by, you know, the charter. It's 120 days. Vice Chair Russell: A hundred twenty days -- Ms. Mendez: Technically -- technically, it would be June and July that we bring it, butl'll obviously give you a draft by the beginning of the year, by January. Commissioner Reyes: I have a question. Ms. Mendez: The first week in January. Vice Chair Russell: Thank you. So, there 's a motion. Is there a second? Commissioner Reyes: I'll second. Vice Chair Russell: Seconded by Commissioner Reyes. Commissioner Reyes: If -- before 1 second, I want to ask a question. This is -- this is -- this motion is to get the City Attorney started in the probability or in the -- I mean, analyzing first of all if it is, 1 mean, it's feasible, if it is within the parameters of the law. Commissioner Carollo: It is. Commissioner Reyes: And also -- also and get each of us opinion -- Commissioner Carollo: Yep. Commissioner Reyes: -- and suggestions. Either if we agree with it, or if we don't agree with it, or if which way we wanted to do it. And if we reach a consensus, then it will be placed on the ballot. I mean, we'll vote to place it on the ballot. But doesn't mean that by passing this now -- Commissioner Carollo: No. Commissioner Reyes: -- it's going to immediately is going to be placed in the ballot in November. Commissioner Carollo: It can't. Commissioner Reyes: Okay, I know, I know, but I want to just clay*. Remember, I'm a (Comments in Spanish not translated.) and I want to be clear, man, okay? So, I just wanted to clarify that. Okay. Yes, I second. Vice Chair Russell: Thank you very much. There's a motion. There's a second. Public comment. Do we open up for public comment on this? Todd B. Hannon (City Clerk): This actually is going to be (UNINTELLIGIBLE) -- this isn't going to be captured as a resolution. It's more ofjust a direction -- Commissioner Carollo: Yeah. City of Miami Page 182 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 Mr. Hannon: -- with the -- with the force of the Commission behind the direction versus an individual Commissioner issuing the direction. So, for us, we're going to write this out, what we would call in the verbose action portion of the minutes. So, I do not believe it requires public comment, but I'll defer to the City Attorney. Vice Chair Russell: Madam City Attorney, if we vote on it, do we need a public -- do we need public comment, or would you prefer that the motion -- the direction has been given already and you know what to do. Ms. Mendez: I mean, we normally open things up the public comment, but we already did, and 1 believe we closed it, so -- Vice Chair Russell: Not on this item, though. This was a new pocket item that just came up. It wasn't on the agenda, it wasn't noticed. Ms. Mendez: Right. Commissioner Carollo: We're all giving you a direction. Ms. Mendez: Well, just a direction -- Commissioner Reyes: That's right. It's only a direction. Vice Chair Russell: All right, so the motion -- Ms. Mendez: It's just a directive. Vice Chair Russell: -- withdrawn and simple direction given. Commissioner Carollo: No. It a resolution or a motion. Commissioner Reyes: Giving a direction. Vice Chair Russell: All right. Then -- Ms. Mendez: Then just open up to a public comment. Vice Chair Russell: That's what I'm going to do. So, there's been a motion, there's been a second. Is anyone here who would like to comment publicly on this item? Seeing none, I'll close public comment. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you very, much. That 's DI 2. City of Miami Page 183 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 NA.10 8367 City Commission DIRECTIVE A MOTION BY THE CITY COMMISSION TO THE CITY MANAGER TO SCHEDULE A MEETING WITH EACH COMMISSIONER REGARDING CITY -OWNED MARINAS AND FURTHER DIRECTING THE CITY MANAGER TO PLACE A DISCUSSION ITEM REGARDING SAME ON THE FEBRUARY 11, 2021 CITY COMMISSION AGENDA. MOTION TO: Direct RESULT: DIRECTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Commissioner Diaz de la Portilla: So, when we have -- whether it's a study or we come back in two -- in February and we talk about what we're going to do down the line, there has to be something like -- Commissioner Carollo: Then look, you know, if you want, make a motion. I'm going to make a motion. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Commissioner Carollo: We asked the City Manager to meet with each of us on this item and we bring this item back for a discussion in February. It's a motion. Commissioner Diaz de la Portilla: And I will second that motion, the first week of February. Vice Chair Russell: There a motion. There's been a second. I'd like to open for public comment. Would anyone like to comment on that motion? Seeing none, I'll close public comment. Any further comment on the dais? You know, we're going to get into other discussions that we are taking on today about COVID and some of them are marina related. And the role of real estate asset manager is so important. Commissioner Carollo: Yes, it is. Vice Chair Russell: Do you know that we have tenants in our marina who are commercial tenants who have been basically shut down for the -- since March, cannot make a dollar, yet we're still charging them full rack rate. One boat, commercial boat, does dinner tours, hasn't been able to operate at all. One of his captains caught COVID, currently has it, so does his family. Second captain caught COVID, lost the use of his legs. His third captain caught COVID and is dead. And we're still charging him full rack rate, including the surcharge for being able to operate as a tour operator for dinner. Commissioner Reyes: That's what I was referring to. Vice Chair Russell: And a real estate asset manager has to look at all of our assets, not only from how we develop them, but how we operate them and manage our tenants, our clients. And I really look forward to getting that manager and seeing their vision so that we can weigh in on what we can do with our assets and how to make them the best in the country. So, I understand your frustration. I understand your frustration. In the spirit of Christmas, I recommend we move on to the next subject. So, there's a motion. There's a second. All in favor, say "aye." City of Miami Page 184 Printed on 10/27/2023 City Commission Meeting Minutes December 10, 2020 ADJOURNMENT The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. And I would like to see a policy that we can give to our marina tenants that have suffered, you know, over this year. Commissioner Carollo: Commissioner? Vice Chair Russell: Yes, sir. Commissioner Carollo: You could do that now, that the marina's run by the City. Commissioner Reyes: That's right. Commissioner Carollo: That's what we got to calculate into everything. But if you have someone in the private sector running it, you won 't ever have that opportunity -- Vice Chair Russell: Of course. Commissioner Carollo: -- or option. Vice Chair Russell: Of course. Commissioner Reyes: And also, that is why I referred myself that we also have the duty of taking care of our residents and people that do business with us like these people. Vice Chair Russell: I mean, it's not much. Some of these boats are -- we charge them a couple thousand bucks a month. Commissioner Reyes: And they've been -- and they're -- some of them, that gone from family to generations. Vice Chair Russell: They're very small family operations -- Commissioner Reyes: That's right. Vice Chair Russell: -- and I think we only have maybe three or four dinner operator companies. We should be really taking care of them. And so -- well, we can take that offline and I look forward to the Manager's recommendations on that. Commissioner Reyes: Did we vote on this or we have to vote? Vice Chair Russell: All in favor -- I think we did. We did vote, yes. So, we're ready, and thank you very much. I do understand the frustration. The meeting adjourned at 6:01 p.m. City of Miami Page 185 Printed on 10/27/2023