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HomeMy WebLinkAboutCC 2020-09-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 24, 2020 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Keon Hardemon, Chair, District Five Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes September 24, 2020 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo and Commissioner Reyes. On the 24th day of September 2020, the City Commission of the City of Miami, Florida, conducted and broadcasted a virtual meeting from its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 9:26 a.m., recessed at 12:11 p.m., reconvened at 4:35 pan., recessed at 8:22 p.m., reconvened at 8:52 p.m., and adjourned at 10:24 p.m. Note for the Record: Commissioner Diaz de la Portilla joined the virtual meeting at 9:27 a.m., Commissioner Reyes joined the virtual meeting at 9:28 a.m., and Commissioner Carollo joined the virtual meeting at 11:15 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk PART A - NON -PLANNING AND ZONING ITEM(S) ORDER OF THE DAY Chair Hardemon: Good morning. Welcome to the City Commission meeting dated September 24, 2020. Pursuant to Executive Order Number 20-193, issued by the Office of Governor Ron DeSantis on August 7, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology, such as telephonic or videoconferencing, as provided by Section 120.545(b)(2) Florida Statutes. Procedures for public comment will be explained by the City Attorney shortly. Procedures for the swearing in of parties for the Planning and Zoning and/or quasi-judicial items will be explained by the City Clerk. The members of the City Commission are appearing remotely for this meeting, and they are Alex Dias de la Portilla, Joe Carollo, Manolo Reyes, Ken Russell; and me, the Chairman, Keon Hardemon. Also appearing remotely are City Manager Art Noriega; City Attorney Victoria Mende; City Clerk Todd Hannon. The meeting will be opened now with a statement by the City Attorney's Office. Barnaby Min (Deputy City Attorney): 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 related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member 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 appropriate disclosures required by the City Code in writing. A copy of this City Code section is available at the Office of the City Clerk and online at municode.com. Pursuant to Section 2-33(f) and (g) of the City Code, the agenda and the material for each item on the agenda Jrothis meeting was published and made available to the Mayor, 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 City of Miami Page 1 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 available during business hours at the City Clerk's Office, and online 24 hours a day at miamigov.com. Any person may 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. Since this is a virtual meeting, as authorized by the Governor of the State of Florida, members' of the public wishing to address the body may do so by visiting miamigov.comlvirtualmeeting to upload their two -minute video comments to be played during the virtual Commission meeting, or to submit their written comments via the online comment form. The comments submitted through the comment form have been distributed to the elected officials and the 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 distribute to the elected officials up until the time the Chairperson closes the public comment period. Members of the public may also call 305-250-5340 to provide comments via the dedicated City of Miami public comment voicemail, where individuals will be able to leave a two -minute message that will be played during the virtual Commission meeting. Members of the public may also pre -register to provide live public comment by phone during the meeting. You may pre -register by calling 305-250-5341, or online at miamigov.comlgovernmentllive- public-comment. All comments submitted will be included as part of the public record for this virtual meeting, and will be considered by the City Commission prior to taking any action. The City will accommodate any speakers desiring to appear in person, subject to all applicable emergency measures in place to prevent the further spread of COVID-19. The City has set up a terminal in the event members of the public travel to City Hall to provide public comment. 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 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 may be at such later date before the 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(c) Florida Statutes specifically authorizes the City to prescribe procedures or forums for an individual to use in order to inform the board or Commission of the desire to be heard, to indicate his or her opposition, support, or neutrality on a proposition. The City, through its multiple comment options has provided five different methods to indicate, among other things, the public's support, opposition, or neutrality on 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 within reasonable proximity in time before the meeting. These public comment options are established and provided for, for the virtual City Commission meeting comply with Section 286.0114 and Section 120.54 Florida Statutes. The City has also created a simple set of instructions explaining how the public may submit their comments with either option. Those instructions were provided in the notice to the public via the City's social media channels and published online at miamigov.comlvirtual meeting. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance as temporarily modified pursuant to Emergency Ordinance Numbers 13902, 13903, and 13914. Pursuant to Emergency Ordinance Number 13903 and 13914, parties for any PZ items, including any applicant, appellant, 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 testing on behalf of the applicant, appellant, or appellee may either be physically present at 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 their 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 Statute Section 286.015 and City of Miami Page 2 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Section 7.1.4.5 of the Miami 21 Zoning Ordinance. Staff will then briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and 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 Miami 21 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. The City of Miami requires that anyone requesting 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 at the City Commission's discretion. If any Commissioner thinks the documents supplied to the Commission less than seven days before merit a continuance, the item may be continued by the City Commission. When the City Commission takes action or votes on any proposition before it, it shall do so by a roll call vote, which shall be recorded by the Clerk and included in the record. 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 City of Miami is using Zoom to hold its September 24, 2020 virtual regular City Commission meeting. Zoom is a cloud platform for video and audio conferencing, collaboration, chat, and webinars across mobile devices, desktops, telephones and room systems. In order to ensure that the public has the ability to view the meeting, the City's Communications Department will broadcast the meeting through all usual avenues that are provided when a City Commission meeting is held fully in Commission chambers at City Hall. The meeting can be viewed live on Miami TV at miamigov.comlty, 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. Additionally, the City has not selected a virtual platform that requires the public to purchase or download any additional software or equipment to watch this meeting. Aside from the Zoom platform and that the participants will be appearing remotely, the public will have no discernable difference in their ability to watch the meeting. Commissioners, please confirm you are comfortable with these notice provisions as set forth in these uniform rules and procedures we have established for this meeting. Commissioner Diaz de la Portilla: Confirmed. Mr. Min: Thank you. Chair Hardemon: Mr. City Clerk, will you please state the procedures to be followed? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows: Members of City staff or any other individuals required to be sworn in who are currently present at City Hall 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 location by an individual qualified to administer the oath. After you are 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 email 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 affidavit shall be included in the record for the relevant item for which you will be providing testimony. Thank you, Chair. City of Miami Page 3 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: Thank you very much. Later... Chair Hardemon: Are there any items that need to be continued by the Administration or any of the Commissioners? Art Noriega (City Manager): Good morning, Mr. Chairman, Mr. Vice Chair, Commissioners, Madam City Attorney, and Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: On the regular agenda, to be deferred, DTBD (date to be determined) to a date to be determined, PH.1, which is the Miami Forever Affordable Housing and Economic Development Bond Plan. Mr. Hannon: Mr. Manager, I apologize for the interruption. A deferral requires a date certain. Commissioner Diaz de la Portilla: Correct. Mr. Noriega: So let's do November, the November meeting. I know we only have one meeting in November. Mr. Hannon: Yes, sir; November 19. Commissioner Diaz de la Portilla: So, Mr. Manager -- If I may, Mr. Chair? Chair Hardemon: You're recognized, sir. Commissioner Diaz de la Portilla: So what kind of conversation do you want to have about this in November? Mr. Noriega: Prior to -- Commissioner Diaz de la Portilla: I think this is one of the issues we've all been talking about. Mr. Noriega: Yeah. Prior to -- Commissioner Diaz de la Portilla: I know it's an issue that's important to the Chair, in particular, and we've all talked about this over a month since 1 got here. So what's kind of like the -- just tell me very briefly what you think is going to be that process. Mr. Noriega: This needs to be workshopped a little more with each of you, because 1 think what we'd like to do is maybe set up a special meeting specifically to workshop an affordable housing strategy ahead of the Commission approving this plan. It wasn't workshopped, I think, as much -- or we didn't solicit enough of a feedback on it. And so, before we present it to the Commission for a -- for -- to take formal action, I'd like to actually get a substantial amount of feedback in terms of the strategy. Commissioner Diaz de la Portilla: Mr. Chair, if I may? Chair Hardemon: Please. Commissioner Diaz de la Portilla: This is an issue that I know is of major importance to every single Commissioner. We've been talking about this close -- I talked about it for a year as I was running for office, and we've been talking about it since I got here, too. It matters to us. So the sense of finality on getting things moving is important, especially in the times that we're City ofMiami Page 4 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 dealing with now and the lack of affordability in Miami, so it's important for us to kind of get -- you know -- time certain dates, I think, on how we're going to move this issue forward. Mr. Noriega: Yes. So, as I mentioned before, we're going to try to set up a special meeting, specifically to workshop, and get -- solicit it -- each of the Commissioners' perspective, as well as the Mayor. And then, that way, we can come back and present an actual strategy that's been vetted with each of you versus what is presented now, which was -- you know -- primarily done in a bubble, so to speak. So. Chair Hardemon: If anything, I would like for it at least to be heard in October, maybe the second meeting in October. Commissioner Diaz de la Portilla: Right. Chair Hardemon: That way, we have an opportunity -- I have an opportunity to comment on (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: I agree with the Chair. Mr. Noriega: The idea is to have a stand-alone meeting specifically to workshop this sometime in October; that's the idea. Commissioner Diaz de la Portilla: Yeah, yeah, I agree -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: If I may, Mr. Chair, I agree with the Chair. I think that we need to do it in October. We need to tell people what we're thinking, where we're headed, what -- the solutions that we've been promising, what the solutions are, instead of you know, delaying it till -- because you know what happens in November. We have one meeting in November, and then we have Christmas and New Year's and -- Mr. Noriega: I agree. Commissioner Diaz de la Portilla: -- then we have Mardi Gras and everything else, and then nothing happens till April, right? So at the end of the day, let's do it this year so people know what we're doing. Let's do it sooner rather than later, and people know, "Hey, you know what? You elected us to address this affordability issue. Let's address the affordability issue, " and head on, you know? And that's -- so I think October -- I agree with the Chair -- it should be sometime in October in a special meeting; maybe between our first meeting in October and our second meeting in October, something in between to talk about this and to debate it, and for everybody to offer their ideas. Everybody has different ideas on this issue. Kind of try to find some common ground i f we can. Chair Hardemon: Commissioner Reyes. Commissioner Diaz de la Portilla: That's just my thoughts on this. Commissioner Reyes: Mr. Chair, I do agree that this merits a stand-alone meeting; just a meeting for the -- to try to tackle this issue, and try to solve all the differences that we have. And I think that a special meeting will be very important. And I agree that we should get it before the end of October, you see, before the end of the month. It could be after the second meeting in October, or before the second meeting in October. And I think that the Manager should more or less have the -- an idea when he's going to be ready, because his staff has to be ready for this, because we are going to have -- ask a lot of questions. And we need a lot of information in order for us to make an intelligent decision. And so I don't know, Mr. Manager, City ofMiami Page 5 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 when you're going to have all your people ready, and I don't know if you -- my fellow Commissioners agree that -- and we have to be vetted, all of us, in this. Chair Hardemon: Commissioner -- Commissioner Diaz de la Portilla: Especially before the citizens of Miami -Dade County promote our Chair, right? Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: They're getting ready to promote him. And I think -- I don't know -- I'm thinking that he probably wants a say in this whole process -- right? -- before he leaves and he's promoted to a better job, right? Commissioner Reyes: No. He wouldn't -- he won't leave us hanging, man. Commissioner Diaz de la Portilla: He's not going to leave us hanging, right? Commissioner Reyes: He's going to be there. Chair Hardemon: Commissioner Russell. Vice Chair Russell: You know, what's better than Chairman of the City of Miami Commission, really? Commissioner Diaz de la Portilla: There's nothing better than that. There's nothing -- I think, my opinion, but -- well, you know, hey. Vice Chair Russell: Mr. Chairman, I agree with -- Commissioner Diaz de la Portilla: There's greener pastures down the line, right? I guess. You know? Vice Chair Russell: I agree with Commissioner Reyes and Commissioner Diaz de la Portilla, and I'd like to take it a step further, Mr. Manager. What Manolo just asked for, about having the information we need to make these decisions. We have a pretty good baseline of where we are in our affordable housing crisis right now. We really don't know -- and I know it's hard to say -- what the economic crisis coming from the pandemic will result in, in terms of -- Commissioner Reyes: Good point. Vice Chair Russell: -- the homeless and more need. Is there any way to get us some sort of potential projections -- nothing we would hold you to -- but a best and worst case scenario of what we're looking at for the next year to five years in terms of new needs for affordable housing, based on what jobs have been lost, and what sectors, and what -- you know -- economics people will be in, in the City of Miami. I'm very worried about this, and I know we all are, and I'm glad we're taking this very serious in a special meeting to address, because our ability within the bond is to make a difference; hopefully, it's enough to -- you know -- catch up to what we're facing right now, but I'm fearing it's not. Chair Hardemon: And the October meeting would at least give us a failsafe, you know. If we can't get our act together by the time this special meeting conies about, we know that it at least will be on the agenda for October. Commissioner Diaz de la Portilla: Right. Mr. Noriega: Very good. City ofMiami Page 6 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: All right. So we're going to take that then as an amendment in regards -- Commissioner Diaz de la Portilla: Very good. Chair Hardemon: -- to the October meeting. And then, I guess later, you'll come back with a special meeting date, like -- that we can set. Mr. Hannon: Chair, is that the October 22 meeting that we're deferring this to? Commissioner Reyes: No, no; it's a special meeting. Commissioner Diaz de la Portilla: Yeah, yeah; it's a special meeting. So why don't we just set that special meeting now, you know, while we're here? Commissioner Reyes: Absolutely. Later... Chair Hardemon: Okay. Now, the rest of the order of the day. Mr. Noriega: So to be deferred to October 8, PH.6; to be withdrawn, RE.1; to be indefinitely deferred, D1.1; to be indefinitely deferred, D1.2. For the PZ (Planning & Zoning) agenda: To be deferred to October 22, PZ.3; to be deferred to October 22, PZ.9; and to be deferred to October 22, PZ.10. That concludes the items. Chair Hardemon: All right. Commissioner Reyes: Hold on a second. Commissioner Carollo: Wait, wait, wait, wait. Commissioner Reyes: Wait, wait. Commissioner Carollo: Let me see. Let me see. Chair Hardemon: Mr. Manager -- Commissioner Reyes: PZ.3, okay, deferred. Okay, fine. Chair Hardemon: -- just run through them one more time so that everyone's on the same page. Commissioner Diaz de la Portilla: Yeah. Mr. Noriega: To be deferred to October 8, PH.6; to be withdrawn, RE.1; to be indefinitely deferred, DI.1; to be indefinitely deferred, DI.2. That's for the regular agenda. For the PZ, Planning and Zoning agenda: To be deferred to October 22, PZ.3; to be deferred to October 22, PZ.9; and to be deferred to October 22, PZ.10. Commissioner Reyes: Okey-dokey. Commissioner Diaz de la Portilla: Let me ask -- Chair Hardemon: You're recognized. Commissioner Diaz de la Portilla: Thank you. Let me ask you about PZ.9 and PZ.10, what's happening there? City ofMiami Page 7 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Mr. Noriega: 1 think that was specifically at the request of the applicant. Commissioner Diaz de la Portilla: Okay. Mr. Noriega: They requested that the items be deferred. Vice Chair Russell: I can shed a little bit of light. I've been meeting with Ben Fernandez on that issue. That area of Douglas Road between Douglas Park and US 1, if can picture that area, we've been talking about that for at least two years now as a really good potential area Jroincreased intensity and density with affordability involved. I believe it's underdeveloped in that area. But, you know, it -- his client doesn't want to wait for a full revamped study, and I understand that. So we're digging a little deeper on his client's interests there right now. He had -- the same client had a previous up -zoning just above that, so we're trying to make a comprehensive plan with him so that he can move forward in the next month. Commissioner Diaz de la Portilla: I don't know -- it's your district, Commissioner. Who's the client? Vice Chair Russell: I do not recall the name of the developer. It's not a big project, but I've only worked directly with Mr. Fernandez on this. Commissioner Diaz de la Portilla: Okay. May I ask the Manager, on RE.1, what was the proposal there that you're -- why you're deferring that? Mr. Noriega: That particular board had proposed what is listed on the reso regarding health insurance, and they voluntarily withdrew it, given the financial situation the City's in. Commissioner Diaz de la Portilla: So why are we deferring it? Why just not withdraw it? Mr. Noriega: It is being withdrawn. Commissioner Diaz de la Portilla: Oh, it's being withdrawn. Okay. I'm sorry. I'm sorry. Mr. Noriega: It's a withdrawal; not a deferral. Commissioner Diaz de la Portilla: Oh, a withdrawal. I'm sorry. I understood "deferral." I apologize. Okay. All right. Chair Hardemon: Is there a motion to approve the order as was stated on the record? Commissioner Diaz de la Portilla: So move. Vice Chair Russell: Are there any additions from Commissioners? Chair Hardemon: Oh, yeah, I'm sorry. Commissioner Russell, you're recognized. Vice Chair Russell: Thank you. I have received some concerns from residents on PZ.8, so I'd just like to spend a little more time understanding the intent of the zoning change and how that -- which properties that would affect throughout the City; and so, I'm asking for a continuance of that item, of PZ.8. If there is any reason from the City Administration that this is time sensitive, please let me know, but to my understanding, it's not, so I would just like to have just that month to put the residents at ease with what the intent of this zoning change is, and what the actual effects to make sure there's no unintended negative effects. Mr. Hannon: And Chair; just for the record, that will be October 22? City ofMiami Page 8 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Vice Chair Russell: Yes. Chair Hardemon: Okay. Are there any other items from any other Commissioners? Commissioner Russell, is that a motion? Vice Chair Russell: Yes. And if it could be noticed, I'd like to sponsor -- co-sponsor both CA.6 and RE.7. I don't know if this is the appropriate time, Mr. Chairman, but order of the day seems all right. Chair Hardemon: Noted on the record. Vice Chair Russell: Yes. I'm glad to move the order of the day. Mr. Hannon: And Chair, just for the record, the Mayor would also like to sponsor RE.7. Chair Hardemon: Noted on the record. Commissioner Reyes: Thank you. Thank you very much. Vice Chair Russell: Thank you, Commissioner Reyes. Commissioner Reyes: Thank you, sir. Thanks to you. Chair Hardemon: I would second the motion. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. Later... Chair Hardemon: Mr. City Manager, I know you had a request for some additional continuances. Arthur Noriega (City Manager): Yes, sir. I inadvertently forgot to ask that PZ.1 and PZ.2 be deferred to the meeting in November. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: 1 made a mistake as well. On PZ.8, I had said a continuance. I actually wanted a deferral of two weeks; not the full four weeks to the next month; that'll give it a chance to come back sooner. Would that need a reconsideration of the original order of the day, Todd, or can you just make that --? Chair Hardemon: You could reconsider PZ.8. Todd Hannon (City Clerk): Yes. Vice Chair Russell: Yes. Mr. Hannon: A motion to reconsider PZ.8. Vice Chair Russell: Okay. And then to issue that as a deferral to the first meeting in October rather than the continuance that 1 originally mentioned. City ofMiami Page 9 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: Okay. So, Commissioner, take it as a motion to reconsider PZ.8; seconded by the Chair. All in favor of the reconsideration, say "aye." The Commission (Unanimously): Aye. Chair Hardemon: All against? Motion carries. Now before you make -- Commissioner Diaz de la Portilla: Mr. Chair, I have a question. So PZ.1 is now going to be deferred; is that correct -- or continued? Chair Hardemon: We're going to get into that. Let's -- Commissioner Diaz de la Portilla: Okay, okay. Chair Hardemon: Commissioner Russell, you have a motion for PZ.8? Vice Chair Russell: Yes. Would you like it included with PZ 1 and 2? Chair Hardemon: Just for PZ.8. Vice Chair Russell: All right. PZ.8, just a deferral to the next -- the first meeting in October, please. Commissioner Diaz de la Portilla: Second. Chair Hardemon: Seconded. Commissioner Reyes: Hold on, hold on, let me see PZ.8. Chair Hardemon: All in favor, say "aye." All against? Motion carries. Commissioner Diaz de la Portilla: Okay. Chair Hardemon: Okay. Now we can talk about the PZ.ls and 2s. Senator; you're recognized. Arthur Noriega,) (City Manager): Did you have a question, Commissioner? Commissioner Diaz de la Portilla: Yeah, yeah. Talk to me about PZ.1. Do you want to defer, or do you want to continue? Mr. Noriega: I want to defer PZ.1 and PZ.2 to the meeting in November. Commissioner Diaz de la Portilla: In November? Mr. Noriega: Correct. Commissioner Diaz de la Portilla: The second meeting in Nov -- we have one meeting in November. Mr. Noriega: We only have one meeting in November. Commissioner Diaz de la Portilla: When is that? Mr. Hannon: November 19, Commissioner. Commissioner Diaz de la Portilla: 19, okay; little Thanksgiving present for us. Okay. City ofMiami Page 10 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: And also, I want to reconsider whenever we put the motion for the continuances, continued to the next agenda, Item FR.2. So there's a motion. I want to set a motion to defer as stated on the record for PZ.1 and PZ.2, and -- Commissioner Reyes: FR.2? Commissioner Diaz de la Portilla: So move. Chair Hardemon: -- the deferral of -- Commissioner Reyes: Second. Chair Hardemon: -- FR.2, as well. Commissioner Reyes: That's right, okay. Chair Hardemon: We have a motion? Commissioner Dias de la Portilla: So move. Commissioner Reyes: Second. Chair Hardemon: Properly moved and seconded. Any further discussion? Hearing none, all in favor, say "aye. The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. PUBLIC COMMENTS FOR ALL ITEM(S) 7943 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE SEPTEMBER 24, 2020 VIRTUAL CITY COMMISSION MEETING. RESULT: PRESENTED Chair Hardemon: So at this point then I'll open the_floor_for public comment. What we will do is well take anyone that's at the lectern in City Hall first;• from there, we'll do the live callers, Caller Number 1, Caller Number 2; and then from there, we will have any pre-recorded public comments to play. So we'll start with -- Manuel Otero (Innovation and Technology Web Administrator): Yeah. There's no one at City Hall, so we're going to go straight to the calls. So Call Taker 2,1 think you've had your person on hold the longest, so if you can -- you're live. Unidentified Speaker: Thank you. Caller, you are live on Commission. Please speak. City ofMiami Page 11 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Derrick Hall: Hey. Good morning, Commission. My name is Derrick Hall. I'm speaking on behalf of Transit Alliance Miami, located at 169 East Flagler Street, Miami, Florida 33131. I'm commenting in support of Item RE.3, to extend the Scooter Pilot Program. Since it's implementation, the pilot program has raised over $1 million towards Miami's protected bike lane network. Now that the Mayor has lifted the ban, we urge the City Commission to extend the pilot program until the implementation of a permanent program and ensure Miami residents continue to access these mobility options. Thank you. Mr. Otero: Call Taker 1, you're live. Unidentified Speaker: Ma'am, go ahead; you're live with the Commission. Jessica Fernandez: Hi. Thank you, Mr. Chair, Vice Chair, Commissioners. My name is Jessica Fernandez with Crown Castle, 211 Northwest 102"`" Street. We are requesting a deferral of Item SR.1, Ordinance 7634. In Section 64-3(a), the current requirement for installation and maintenance will create so much more work for your permit review staff, who is already overworked and unable to review telecommunications permits for right-of-way in the 60 or days less, as required in 337.401. To be clear, we're talking about work that does not disturb the dirt, meaning zero construction or use of a shovel. This seven -layer cake of approval to strive to maintain fiber and antennas equals at a minimum 90 days to review -- to receive a review for maintenance or splicing work that takes an hour or less to complete. For example, if a business or resident orders fiber into their home or business, the Police Department, Department of Public Works, Off -Street Parking Department, Risk Management Department, NET (Neighborhood Enhancement Team) Office, Transit and Mobility, and City Manager would need to review with a minimum of 90 days. During this challenging COVID recovery, our community needs connectivity more than ever to work from home, learn from home, connect with doctors via televised -- this policy would disadvantage the homebound and place our community further from the goal of becoming a tech starter hub in the United States. Also, in Section 52 -- 54-42(d), Site Restoration Bond, we're requesting the language to be modified to meet industry standard collection -- excuse me -- industry standard cancellation notice to third parties. The language that's currently proposed makes it nearly impossible to -- Todd B. Hannon (City Clerk): Excuse me, ma'am. Excuse me, ma'am. Your two minutes have expired. Ms. Fernandez: -- (UNINTELLIGIBLE) notice of modification of insurance policies. Mr. Otero: Okay. We're waiting to get the next caller on the line. One second, please. Call Taker 1, you're live. Unidentified Speaker: Sir, go ahead. You're live with the Commission. Keon Williams: Yes. Good morning, Commissioners, Chairman. My name is Keon Williams, resident and business owner here in Overtown. My, comments this morning are really to express to you guys how important this issue of homelessness is in our neighborhood in Overtown. There are so many encampments in the public spaces; it's just a shame. And I understand that we allocate so much money to eradicate poverty here in Miami. I just think that when we look at neighborhoods like ours where we're trying to invest in businesses, trying to improve the quality of life, continually wasted on stuff like this really does not help that. It is only exacerbated by the issue of COVID-19 and other things that are corning down the line. And 1 want to see this Commission that cares about its City so much do the same thing for Overtown. Secondly, I don't want to see any of our NET (Neighborhood Enhancement Team) offices closed; particularly, these NET offices have been very important. And I would encourage the Commission to go back and look at why we even put NET offices together in the first place. These are frontline places for residents and business owners to go to whenever they may have an issue getting permits or dealing with MRC (Miami Riverside Center) City, ofMiami Page 12 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Building. 1 think this is something that does the Commission very well. Every resident that I've spoken to in my neighborhood and business owner wants to see this stay in place. We have a wonderful relationship with our NET officers, along with our NET resource officers, the police officers who work out of there. And I just think that that's going to undo the goodwill that has been done by the City, both with law enforcement, because I understand there's an issue there, but our neighborhood officers have been wonderful for us in working together. But more importantly, that NET Administrator who runs that office has done wonderful things for us. So I ask you to consider these comments. Take them very seriously, because I understand that you guys have a lot of work to do. I know we're trying to balance the budget. I know we're trying to make sure things get put in place, but please, do not forget about Overtown. This is someone that's born and raised there, business owner there, trying to make it happen, and 1 understand the work that you do. I just hope that you guys keep this in mind going forward. Thank you much for your time. Mr. Otero: We're waiting to get the next caller on the phone. One second, please. Call Taker 1, you're live. Call Taker 1, if have someone, you're muted. Unidentified Speaker: My apologies. The line disconnected. Mr. Otero: Okay, no worries. Do you have any more callers? Unidentified Speaker: This was my last caller. Ma'am, are you ready to speak to the Commission? Hello? Unidentified Speaker: Hello. Unidentified Speaker: Yes, ma'am. Go ahead. You can speak with the Commission. They're live on the call. Unidentified Speaker: I'm sorry. I have a really bad connection. Unidentified Speaker: Okay. We will try, to call you hack. Mr. Otero: Okay. We're done with the voice public comment. We're going to go now to the pre-recorded public comments. Keith Ivory: Good morning. My name is Keith Ivory. I reside in the City of Miami at 1181 Northwest 8`i' Street Road. I am calling in reference to zoning of the T6-8-0 -- to keep the Highland Park neighborhood from high-rise building; the fact that this will drive the property tax. We're losing our homes over here. People would have to move out. Also, there are a number of renters here in this area. In apartments, will be renters -- if they're moved out -- should be provided three months of adequate rent for removal. All these things have not been discussed with the City of Miami and also with our Commissioner Keon Hardemon. At a time of pandemic, COVID-19, unemployment, how is it able that these high-rises going to function? The economy is so bad. Please save our neighborhood. We're being pushed out. We're being gentrified. I lived in Miami. My family came here in the 1890s as sharecroppers. I'm familiar with Miami. 1 go all the way back to the Hardemon family, back to Shirley's Market in Liberty City in the 1960s. And I'm quite surprised that our Commissioner; the distinguished Mr. Hardemon, with all due respect, is leading the charge to push us out of our neighborhood here in Highland Park. As you know, the history of this neighborhood goes way back. 7' Avenue, which is now bordering 441, was once the segregation line that blacks from Overtown could not cross 7' Avenue. But now that blacks and other ethnicities are living across 7`i' Avenue, we're being pushed out. So please help us save our neighborhood, especially during the time of this pandemic. I'm looking forward to all of you Commissioners. Thank you to the Zoning and Planning Commission for helping us out in the Highland Park neighborhood, for giving us some more time to get these issues in front of the Commission Board. Big thanks to the City ofMiami Page 13 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Planning and Zoning Department at the last meeting on this item changing Highland Park to T6-8-0 to allow high-rise buildings in this neighborhood. Thank you so much. Joseph Martinez: This is Joseph Martinez; address, 521 Northeast 32"d Terrace, 33138. And I'm calling in support of Agenda Item RE.4. Specifically, I support the dissolution of Miami 21 Taskforce. Any review of Miami 21 must be rooted and shaped by the community's input, especially those that are most vulnerable to the displacement. The formation of the taskforce was flawed from the very beginning, because it excluded the community's voice in the planning process. The taskforce heavily weighed in favor of the developers and lobbyists, with little if any representation from the directly impacted communities or people, which diminished the capacity to fairly address the community's concerns. Before the taskforce had been meeting, three of the eight members appointed had affiliations with the developers as lawyers or lobbyists. Hence, they were placed under review by local and State ethical boards. The sponsor stated that he wants this process to protect communities. The best way to do that would be to place the community's voice at the center of the reviewing process. So we're asking for a revision of Miami 21; that it be a truly equitable process that concerns the most impacted by the developments; communities like West Coconut Grove, Little Haiti, Liberty City, Overtown and Allapattah that stand to be greatly impacted by the use of the City of Miami's Zoning Code. It's critical that we provide space within the review process for the community members who have been directly impacted by the current regulations and have actively engaged in shaping the conversation on Miami 21 for years. Lucy Saint Jean: Good morning. My name is Lucy Saint Jean. My address is 100 Northeast 84th Street. 1 support Agenda Item RE.4. Specifically, 1 support the dissolution of the Miami 21 Taskforce. I think any review of Miami 21 must be rooted in community input, especially those most vulnerable to displacement. So 1 support again that community because the formation of this task force has been flawed from the start, excluded community voices vital to the planning process. So any update and revision of Miami 21 must be done with a truly equitable process that centers those most impacted by such development. Communities like West Coconut Grove, Little Haiti, Little -- Overtown, Liberty City, Allapattah that stand to be greatly impacted by the use of the City of Miami Zoning Code should have a meaningful opportunity to input and comment. So any task force or supplemental process established to review Miami 21 must make space for directly impacted person -- impacted people from communities vulnerable to displacement. We have (UNINTELLIGIBLE) committee. So the task farce -- I mean, the -- other bodies, like PZAB already exist to advise on these matters. So (UNINTELLIGIBLE) that process (UNINTELLIGIBLE) community input including from university partners who are studying the impact of Miami 21 on our neighborhood, deliver our visions that will allow both City and (UNINTELLIGIBLE) to thrive. Aural Kabbani: Amal Solh Kabbani, resident; 50 Biscayne; President, Downtown Neighbors Alliance. Honorable Mayor and City Commissioners, Zoning Item PZ.8. While the spirit behind this incentive is well-intentioned, we require sufficient guardrails to be added. Currently, the language, and I quote, "Excludes abutting" (UNINTELLIGIBLE) "is buried in the supplemental, and needs to be brought forward so that there is no confusion. Unless this inclusion is well emphasized, the DNA (Downtown Neighbors Alliance) encourage you to vote "no." Budget Item BH.2, 3, and 4: We have reviewed the proposed DDA (Downtown Development Authority) budget with Executive Director Cristina Crespi. DNA is in favor as it contains all the provisions our community is looking for. We kindly ask you to vote "yes," as proposed. Thank you. Kelly Cox: Greetings, Commissioners. My name is Kelly Cox. I live at 2103 Coral Way, Second Floor, Miami, Florida 33145. I am the general counsel at Miami Waterkeeper, a local nonprofit that works to defend and protect South Florida's water resources. Today I'd like to speak to Agenda Item RE.7 and SR.1. These agenda items are important for the health of Biscayne Bay, the first of which, RE. 7, is a resolution directing the State lobbyist to move for funding to support septic -to -sewer conversion in South Florida. This is extremely, important. I'm in favor of this resolution. We know that nutrient pollution from septic tanks can lead to City of Miami Page 14 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 degraded water quality conditions, creating problems like fish kills and algae blooms in Biscayne Bay. And we know that our septic systems fundamentally do not work in South Florida. So I'm encouraged to see this resolution on the agenda. Miami Waterkeeper and our membership is in favor of it, and we ask further that the Commission take additional action in pursuit of proactive funding to address septic -to -sewer conversion. We understand this is a sea level rise and resiliency issue, and we need to take urgent action to address it. I'm also here to speak about SR.1, which is, I believe, Commissioner Ken Russell's ordinance on second reading to address sedimentation from construction sites. We're also in favor of this item moving forward. This is an important action by the City to address stormwater pollution, but the City needs to continue to take steps to address stormwater pollution. We need routine inspections and enforcement of stormwater permits. We need to codify the requirements of the stormwater master plan. We need best management practices that include things like increased street sweeping, increased storm drainage cleaning, grates on every storm drain in the City, and so forth. Miami Waterkeeper is happy to partner with the City on these measures, including building out an education campaign to support this work. And as always, we appreciate the City's leadership on advancing water quality for Biscayne Bay. Thank you for the opportunity to comment. Harvey Rivera: Good morning. This is to whom it may concern. My name is Harvey Rivera. I am the owner of 1325 Northwest 8th Avenue. It came to my knowledge that zoning is being -- in this area is being changed. So I agree 100 percent, because that area, it needs so much to be developed, especially for the hospital, JMH, Jackson Memorial Hospital; the school that is across the street, across 7th Avenue, and especially in that area that is already old, and it needs to be changed. So I agree 100 percent on that, so please go ahead and do it. Thank you. Riley Palmer: Hello. My name is Riley Palmer, and I live at 1206 Madrid Street in Coral Gables. I would like to comment on Agenda Item RE.7. I'd like to say that I support this resolution. Septic tanks can add excess nutrients to our waterways, which negatively impact marine life. Due to Florida's poor substrate and the high density of the (UNINTELLIGIBLE) population, coupled with sea level rise, already at least half of the septic tanks in Southern Florida don't work properly. I would ask that the Commission prioritize pursuing funding both at the State and Federal Level, as well as prioritizing septic -to -sewer conversion in the City. Thank you. Richard Tardanico: My name is Richard Tardanico. I'm a sociology professor at FIU (Florida International University), and I'm calling in regard to Agenda Item RE.4. I'm calling in favor of the dissolution of the Miami 21 Taskforce. Revision of Miami 21 must give authentic voice to community residents. I recommend that FIU's Metropolitan Center and UM's (University of Miami) Office of Civic Engagement collaborate to organize community - based meetings, and to conduct a study to recommend fundamental changes to Miami 21. Thank you. Danielle Guzman: Good evening, Commissioners. Danielle Guzman, 43 Northwest 85th Street, Miami. I'm calling in support of RE.4; specifically, the dissolution of the Miami 21 Taskforce. People directly impacted by current regulations need to be actively engaged in shaping the discourse on Miami 21. People from communities vulnerable to displacement need to be centered in any review process. The taskforce as constituted has been problematic from the start; not only because of the ethical conflicts of three (UNINTELLIGIBLE) members, but also because it duplicates efforts of existing bodies like PZAB. Community and university input is vital to any process that will deliver a useful result (UNINTELLIGIBLE). Thank you for dissolving the taskforce and instead providing an equitable review process rooted in community input. Thank you. Ms. Fernandez: Mr. Chair, Vice Chair, Commissioners and Mayor, my name is Jessica Fernandez, on behalf of Crown Castle. I'm at 211 Northwest 102r,1 Street. Today we're requesting a deferral of Item SR.1, Ordinance 7634, with respect to Section 54-3(a) on installation and maintenance. Basically, this new requirement would create so much more City ofMiami Page 15 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 work for an already overloaded City staff. It's a seven -layer cake of approval process for simple splicing and maintenance of fiber or antenna projects where no dirt would be moved or disturbed. So we're really asking that that be modified to create a much more business - friendly environment, and make sure we can realize a great connectivity in our community. Also, with respect to Section 54-42(d), reference the site restoration bond, we're requesting that language be modified so that it can meet industry standard cancellation notice to third parties. The language as is currently proposed makes it nearly impossible to comply with, as insurers do not currently provide us with prior notice of modifications of our insurance policies. We thank you very much for the consideration of deferring this item, and appreciate any opportunity to collaborate with you on this important ordinance that you all are considering. Thanks so much. Winford McKendrick: Hello. My name is Winford Chad McKendrick, II. My address for the record is 5833 Southwest 62r"d Avenue, South Miami, Florida; zip code, 33143. Today 1 will he speaking on Item SR.1. I am a graduate of Florida Atlantic University with a Bachelor of Science in biological sciences, and a concentration in marine biology. I am currently a Master of Professional Science student in coastal zone management training at the University of Miami's RSMAS (Rosenstiel School of Marine and Atmospheric Science) Campus. During my undergrad, I researched and traveled to Fort Mvers to study the effects of runoff pollution in a sterile bay. The bays health had gone in decline due to years of runoff This runoff caused an algal bloom with large mass across the water. These algal mass took oxygen from it and killed all of the animals under it, .smothering the seagrass meadows below. Hill Bracket: Hi. My name is Hill Bracket. I reside at 5824 Northwest 5th Court in Miami, and I am commenting on Agenda Item RE.4, that is the repeal of the Miami 21 Taskforce. I very much support abolishing this taskforce. We absolutely need to start over from scratch. The reimagining of our Zoning Code needs to be done by the people most impacted by gentrification, by climate change. We need to implement measures that are going to ensure that everyone is going to have a place in Miami moving forward. And so -- and additionally, you know, as far as the need for expertise, we already have the Planning, Zoning and Appeals Board, so I think it is absolutely unethical and immoral to have -- you know -- folks who represent developers writing the Zoning Code. Thank you. Bye-bye. Zelalem Adefris: Hello. This is Zelalem Adefris. I work at Catalyst Miami, 3000 Biscayne Boulevard. I'm calling in support of Agenda Item PH 3. I'd like to support this item. I think it's great. They're envisioning on a rent (UNINTELLIGIBLE) that can be repaid to landlords given the unexpected length of this crisis. And I'm asking that you add on an additional clause to make sure that landlords receiving this public funding cannot then turn around and evict the tenant (UNINTELLIGIBLE) the funding. All right. Thank you so much for putting forth this compassionate policy. Really appreciate it. Thank you. Bye. Natalie Bryce: My name is Natalie Bryce. And my address is 6566 Southwest 32nd Terrace. I would like to speak on Item Number RE.7 regarding nutrient pollution. I'm in favor of this action and encourage the City of Miami to take additional steps in the future towards addressing stormwater pollution. I believe that a stricter enforcement and inspection procedures would be a great step towards addressing the water quality here in Miami and surrounding areas. I'm a student at the Rosenstiel School of Marine and Atmospheric Science and concerned about the quality of water in Biscayne Bay and surrounding areas that we frequently learn about and recreate in. Thank you for your time. UNIDENTIFIED SPEAKER: My name is Elsa (UNINTELLIGIBLE). I am the owner of 1319 Northwest 8' Avenue, and I am agree with the rezoning, and I think it will be very good for our neighborhood. Collin Schweather: Hello. My name is Collin Schweather; address, 2103 Coral Way, Miami, Florida. I'm speaking today in favor of Agenda Items RE.7 and Agenda Item Number SR.1. For Agenda Item RE.7, nutrient pollution from septic tanks can add excess nitrogen and City ofMiami Page 16 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 phosphorous to our waterways. Septic tanks simply do not work in South Florida due to our high water table, porous limestone substrate, geographic proximity to water resources, and high -density urban environment. There are over 100,000 septic tanks in Miami -Dade County and at least 50 percent are already compromised. Failing septic tanks also pose a public health threat, and can expose people to harmful contaminants and pathogens. We support this resolution calling for State and Federal funding, but we cannot delay the City of Miami's own investment in this infrastructure. We ask this Commission to prioritize septic -to -sewer conversion for properties in the City that can be connected through the investment of City financial resources such as Bay Homes Drive in Coconut Grove. For Agenda Item SR.1, Biscayne Bay is impacted by many (UNINTELLIGIBLE) sources of pollution from dirty stormwater. This ordinance would increase the City of Miami's response to pollution stemming from construction sites. I am in favor of this action and encourage the City to take further steps to address stormwater pollution. The City should conduct routine inspections and enforcement of locations with stormwater permits to include compliance with those permits. Thank you for your time. Sabrina Valadere: Hello, Commissioners. My name is Sabrina Valadere, on behalf of Miami (UNINTELLIGIBLE), in support of PH 3. Our address is 1951 Northwest 7th Avenue, Suite 600, Miami, Florida 33136. We wanted to thank you for considering this item today. As we all know, Miami is in the midst of an affordable housing crisis. This crisis has only been exacerbated by the COVID-19 pandemic. And prior to shutting down, we know that half of the households in the City of Miami were earning $35, 000 or less a year. Of these households, 70 percent were costg-burdened and struggling just to make ends meet. Since then, those numbers have only increased. PH.3 helps both renters and landlords ensure that folks remain sheltered during this critical time. Studies continue to show that eviction is harmful; is a harmful and traumatic experience that can leave long-term effects on households. Eviction prevention not only reduces instances of the experience of homelessness, but also alleviates the burden of potential litigation on both the property owners and the tenants. Eviction prevention also makes it less costly for cities to provide emergency housing assistance when somebody is already experiencing homelessness. The data continues to show us that the crisis is only getting worse. This pandemic has caused record job loss and housing insecurity. We need to do everything that we can to implement policies that will create housing options for all income levels and prevent homelessness in the City of Miami. Thank you. Nicole Smith: Good afternoon. My name is Nicole Smith. I reside at 1161 Northwest 7th Court, where I've been since 2000. I'm a single mom that's raised five kids there. And I do not approve of the changes that you're trying to make right now. Right now I'm raising two grandchildren, currently trying to get more. I'm a foster parent and I do not approve of the changes. Thank you and have a blessed day. Bye. Jessica Dennis: Hello. My name is Jessica Dennis. I live at 35 Edgewater Drive in Coral Gables, Florida. I am commenting on Agenda Item RE. 7. I am a member of Miami Waterkeeper, which is a local environmental nonprofit advocating for swimmable, drinkable, fishable water for all. 1 want to add that nutrient pollution from septic tanks can add excess nitrogen and phosphorous to our waterways, leading to degraded water quality conditions. Septic tanks simply do not work in South Florida due to our high water table, porous limestone substrate, geographic proximity to water resources and high -density urban environment. There are over 100,000 septic tanks in Miami -Dade County, and at least 50 percent are already compromised or not working properly for part of the year. This issue is compounded and made worse by sea level rise, which we already know the City of Miami is facing. Failing septic tanks also pose a public health threat and can expose people to harmful contaminants and pathogens commonly found in sewage. We at Miami Waterkeeper support this resolution calling for State and Federal funding, but we cannot delay the City of Miami's own investment in this infrastructure. We ask this Commission to prioritize septic -to -sewer conversion for properties in the City that could be connected through the investment of City financial resources, such as Bay Homes Drive in Coconut Grove. We also ask that this Commission be proactive in the pursuit of funding by applying for State and Federal grants, as well as City ofMiami Page 17 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 considering using resilience and funding to address the sea level rise issue. We must take urgent action, and cannot wait for Federal or State funding to trickle in before we address this pressing pollution problem. Thank you once again, Commission, for your leadership and the opportunity to comment. Thanks. Mr. Munoz: Hello. My name is (UNINTELLIGIBLE) Munoz. I'm a (UNINTELLIGIBLE) from the Rosenstiel School of Marine and Atmospheric Science. I live in North Bav Village, 3935 East Drive. And I would just like to talk about Agenda Item RE.7. As many may know, nutrient pollution from septic tanks can add excess nitrogen and phosphorous to our waterways, leading to degraded water quality conditions. Septic tanks just cannot be a part of South Florida, due to the high water table, porous lime substrate and making it very close to our water sources and our high urban environment. In fact, there are 100,000 septic tanks in Miami -Dade County, with at least 50 percent of them are already compromised. Failing septic tanks just pose too great of a public health threat. I'd like to say that I support this resolution calling for State and Federal funding, but we should not delay. The City of Miami (UNINTELLIGIBLE) invest in this infrastructure. I ask the Commission to prioritize septic -to - sewer conversion for properties in the City of Miami. In addition, I'd like to talk about Agenda Item SR.1. As many of you are familiar, Biscayne Bay is impacted by many non (UNINTELLIGIBLE) sources of pollution from dirty stormwater. (UNINTELLIGIBLE) construction sites (UNINTELLIGIBLE) particularly bad. This ordinance (UNINTELLIGIBLE) pollution stemming from these construction sites is a good one. (UNINTELLIGIBLE) further steps to address the stormwater pollution. The City, should conduct routine inspection (UNINTELLIGIBLE) increasing (UNINTELLIGIBLE) with the permits. This should include frequency of street sweeping, and storm drain cleaning, and should require grates on every storm drain. I thank the City of Miami's leadership for their time, and good-bye. Susanne Lewis: Good morning, Mr. Mayor, Mr. Chairman, Commissioners. My name is Susanne Doblecki Lewis. I'm a physician and associate professor of clinical medicine at the University of Miami Miller School of Medicine located at 1120 Northwest 14t Street in Miami. I am the UM lead for the NIH (National Institute of Health) Coronavirus Prevention Network and the site principal investigator for the Moderna COVID-19 vaccine trial. I'm speaking in favor of Item RE.6. As you know, the COVID-19 vaccine effort requires setup and execution of large clinical trials in an unprecedented timeframe. Practically speaking, this means that we are pushing the physical limits of available space in our clinical research units at UM. The Federal Government, through Operation Warp Speed, has provided the trailer that -- to allow additional space for enrollment and follow up of our COVID-19 vaccine participants. The University of Miami has been very successfid in bringing in participants representative of the diversity of Miami and performing high quality clinical research in this important area. This resolution will allow us to use the government provided trailer -- currently located at 1950 Northwest 7rh Avenue -- to have additional space that is critical to our ability to carry out these trials and to ensure that the people of Miami are well represented in these important studies. Thank you for your support. Mr. Munoz: Hello. My name is (UNINTELLIGIBLE) Munoz. I'm a student at UM at the Rosenstiel School of Marine and Atmospheric Science. I'm calling in regards to Agenda Item RE.7. 1 would just like to say that as many of you may know, nutrient pollution from septic tanks is quite dangerous for our communities. It can add excess nitrogen and phosphorous to our waterways, leading to degraded water quality conditions. Septic tanks cannot be a part of South Florida anymore. We really need to change to a more sewage -based system. In fact, there are over 100,000 tanks that are already compromised. (UNINTELLIGIBLE) have been compromised in Miami -Dade County. I ask this Commission to (UNINTELLIGIBLE) septic - to -sewer conversion for these properties. I'd also like to address Agenda Item Number SR.1. As many may also know, Biscayne Bay's impacted by many (UNINTELLIGIBLE) for stormwater runoff stormwater from construction sites. So I agree with this ordinance that -- to increase the City of Miami's (UNINTELLIGIBLE) construction sites. I am in favor of this action, and I encourage the City to take further steps to address stormwater pollution. (UNINTELLIGIBLE) the City of Miami should conduct routine inspection of City of _Miami Page 18 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 (UNINTELLIGIBLE) locations (UNINTELLIGIBLE) to increase (UNINTELLIGIBLE). Thank you for your time and your leadership for protecting water quality. Good-bye. Alexandria Blake: Hi. My name is Alexandria Blake, and I live off of 20th Road in Miami. I'm calling in relation to Agenda Item RE.7. As I am a resident in the City of Miami, the pollution that results from septic tanks is a big concern of mine. Excess nitrogen and phosphorous can lead to many issues in water, including the deaths of a large variety of wildlife. The chemicals cause the oxygen levels to be reduced, and it results in the animals unable to breathe. Along with the animals, the septic tank spillage causes a huge impact for humans, as well. And I think that it needs to be an important issue for these impacts to be reduced. 1 am calling today asking for the Commission to prioritize the conversion of septic to sewer. This is so the spilling situations are taken care of and less pollution will be found in the environment. If action is not taken soon, who knows what may result of the wildlife that surrounds where we are living? I feel like it's very important for us to think about our impacts on our surrounding areas as (UNINTELLIGIBLE) conservation here, as well, and this is really close to my heart, and I think that if we don't try and keep the wildlife thriving, then it will be detrimental to us later. Thank you. Ms. Blake: Hello. My name is Alexandria Blake. I live off of 20th Road in Miami, and I am calling in relation to Agenda Item RE.7. As I am a resident of the City of Miami, the pollution that results from septic tanks is a concern of mine. The excess nitrogen and phosphorous can lead to many issues in the water, including death of much of a variety of wildlife. The chemicals cause the oxygen levels to be reduced, and the wildlife that lives in the waterways are unable to survive from this change. Along with the animals, the septic causes issues for human health, as well, and I think we can reduce the impact of these problems if we take action soon, because I feel it's very important. So today I am asking for the Commission to prioritize the concept of septic to sewer. I think it's very important we go ahead and make this con -- Paul Ketchum: Hello. My, name is Paul Ketchum (phonetic), and we're owners of the property located at 800 Northwest 14' Street, which is next to the Highland Park. I'm calling about Items PZ Number 7 and PZ Number 8, to say that we are in full support of the rezoning of the neighborhood from T6-8-L to T6-8-O. Highland Park is well served by mass transit options; specifically the underutilized Culmer Station. And the proposed rezoning will allow the development of mixed -use projects, including medical office for the benefit of the community. So we are in full support of the rezoning of Highland Park. Thank you. Will Sowers: Good morning. My name is Will Sowers. I'm the general manager for Wheels Labs. I'm a resident of District 3, right here in Miami, residing at 145 Southwest 13th Street. I'm here today to express my support for Resolution 7871, and ask you to extend the motorized scooter pilot program. This extension is important to me, both personally and professionally. My spouse does not drive, and we are a single -car household. Shared e-scooters provide .families lifelines with another option to run errands, access to central services, and enjoy Miami's world -class parks and restaurants. Professionally, I've managed Wheels Lab's local scooter operation since March. We're part of the second phase of operators launching in Miarni in November 2019 with (UNINTELLIGIBLE). We observed tremendous success despite our cap of 156 devices. Our device is heated design 14-inch wheels and lower center of gravity provided the City with a safer, more accessible way to go to work or run errands. Since pausing operations in Miami due to COVID-19, we enhanced our device by adding self- cleaning handlebars. We brought our team inhouse, hiring supervisors, field technicians and mechanics as W-2 employees, and providing each of them with ownership of the company. We remain committed to being a good neighbor here in Miami, responding quickly to citizen complaints, collaborating on rider safety and locally recruiting for our workforce. I ask you to support restarting the pilot program and extending it until a permanent program is adopted. I appreciate your fair and thoughtful consideration of this issue. I'm happy to work further with you and your offices to discuss any questions or concerns. On behalf of Wheels, thank you for the opportunity to partner with Miami. City ofMiami Page 19 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 John Snyder: This is John Snyder. I live at 3980 Hardy Avenue, and I'm calling in regard to SR.7, an ordinance to end the tolling [sic] and suspension of applicable deadlines. 1 have attempted to view documents associated with an intended decision to remove over 99 trees on a property in my neighborhood. I have been in touch with the appropriate authorities on several occasions. I'm not able to come down to the Citv's center and view the documents, which include the tree survey, the identification of the trees that are to be cut, and the location of the building to be constructed on the property. I have requested that these be sent via email and have been told that they cannot be accommodated. They can't send them to me so that I can view them prior to the permit to cut these trees, and it's a sizable number of trees on an important lot in my neighborhood. 1 would like to see the plans that are required before the permit is issued, and at present, I cannot do that. So 1 don't think that the tolling on this should begin to count until I can see these documents. Thank you. Sydney Ganges: Good morning, Mayor and Commission. I would like to thank you for letting me speak on this topic. My name is Sidney Ganges (phonetic). My address is 2263 Southwest 37' Avenue in Coral Gables. The agenda item I will be speaking on is RE.7. I just thought it would be an important note to make that nutrient pollution from septic tanks does add added nutrients to the waterways, like nitrogen and phosphorous that eventually would lead to worse water quality conditions. And I am a student in RSMAS University studying marine conservation, so this topic is very important to me as to my fellow students, because it does impact our studies, so I just thought that was an important note. But thank you so much for letting me speak today, and have a good one. Alana Greer: Alana Greer, Community Justice Project, 3000 Biscayne Boulevard. I'm here to comment today on Item PH.3, regarding the Emergency Rental Assistance Program. 1 support raising the cap to ensure that the mounting rental debt that so many City of Miami residents are facing could be more appropriately met by this program. And I want to applaud the City of Miami as one of the first programs to address emergency rental assistance in the State. And I want to ask the Commission and the City of Miami to continue in that leadership role. Unfortunately, what we have not seen in Florida is leadership on ensuring that these programs stop evictions and not just put out money without consequence. And so, one of the -- there's a number of models. In Washington State, they used a similar program, and to ensure that landlords commit not to terminating the tenancy unless there's good cause, not to raise rents and not to issue late fees during this time. Right here in Orange County, we've seen programs that are specifically tailored to eviction prevention and ensure there's an agreement in place that goes beyond just the payment of specific debt, but ensures longer term prevention of evictions. There's been over 3,000 evictions filed in Miami -Dade County since the start of this pandemic. We're back to the same rates we were before the crisis started as far as filings go, and it's really vital that we make sure that we're solving those cases through this program. Thank you for your leadership, and I do hope you continue, and would also like to offer my support for other community comments on RE.4 about directly impacted community members being at the table, and the importance of disbanding the Miami 21 Taskforce that's currently formulated. Thank you very much. Nathaniel Parker: My, name is Nathaniel Parker. My address is 6225 Southwest 123'd Terrace, Miami, Florida 33156. 1 would like to comment on Agenda Item RE.7. We know that improper filtering of waste water leads to contamination of our aquifers, and in turn, our drinking water. Likewise, this overwhelming of the septic systems can cause wastewater to accumulate on the ground, where heavy rains can carry this water into rivers or drains, and this can exacerbate the already damaging algal blooms. We support this resolution calling for State and Federal funding, but we cannot delay the City of Miami's investment in its infrastructure. We ask this Commission to prioritize septic -to -sewer conversion and to not delay this investment in infrastructure before the damaging effects prove to be too dangerous. Action needs to be taken by applying for grants, as well as using resilience funding. This is not a matter that we should be waiting on. City ofMiami Page 20 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Lisette Gonzalez: Hi. My name is Lisette Gonzalez. I live at 1157 Northwest 7th Court, Miami, Florida 33136. 1 am going against the zone changing in our neighborhood. 1 am a homeowner. My home -- was made through Our Home. And 21 years ago, with Habitat for Humanity, we -- I struggled as a woman that was made out of a rape, and I struggled, and I had three children, which now are all grown, were raised in that house, in rnv home, our home, and there -- I work at University of Miami frontline. I'm risking every day to help others and protect everyone, and do whatever we can. And we're like a family in our neighborhood. We all love each other. We stick together. Our grandchildren now are being raised in our home. And this is very stressful, coming to work and being afraid of our zone being changed and our homes being taken away from us, and that's all that we have. That's all that I've ever had. I've never had -- was able to have anything, and that's all 1 have for my grandkids as they grow up. You know, we're a family there. We keep our houses very clean, up to date. And please do not change our zone. It's not fair. A lot of us already are almost retiring. A lot of us are raising our grandkids there, and it's so stressful, too, with this COVID going on. It's stressful having in our minds that our homes that we work and built for -- built, and even the Miami Dolphins players helped build my home. And to know that -- you know, we're scared that our zones get changed and our homes get taken away from us. It's not right. We want to live in our house. We're like a family there. Please, considerate [sic] that. Please do not allow our zone to be changed. We all -- UNIDENTIFIED SPEAKER: Hi. Good afternoon. This is Merlandy (UNINTELLIGIBLE) speaking. I do stay at 1155 Northwest 7th Court, 33136, Miami, Florida. I do have a Habitat house. And, you know, we're not ready to move at all right now. And right now, we're like settled, but -- and we're still going through this pandemic, so we're really not ready to move. We've been staying here since 2001, and I hope you guys -- you know -- understand that, and 1 hope you guys can -- you know -- cooperate with us, because we are not ready to move at all. So thank you for advice. Emma River: Hi. My name is Emma River, and I am a student at UM Rosenstiel School of Marine and Atmospheric Sciences. I live in Coconut Grove at 3760 Bird Road, and will be commenting on Agenda Item RE.7. Miami currently has a major sewage issue. We need to make a transition from a septic to a sewer system for a variety of reasons. At least 50 percent of the 100,000 septic tanks are already failing in Miami -Dade County, and these failing tanks are even more of a risk Jrous due to our limestone substrate, our high water tables, and proportionately high risk of sea level rise in the future. Failing tanks are a public health risk, and nutrient pollution can degrade water quality and expose sensitive populations to harmful contaminants. We need to take action now and pursue funding for this project instead of waiting for State funding to come. As a resident of Miami -Dade County, I ask that we invest in this infrastructure sooner than later for the sake of the health of our population, and to ensure that Miami will be resilient to rising sea levels in the future. Thank you. Janet George: Hi. My name is Janet George. I reside at 1139 Northwest 7th Court. I'm calling in Petition 7578 in regards to the changing of the zones. I am against the change of the zone in my area. I am a Habitat homeowner, and I've been here for the last 27 years. I am now getting ready to retire and also finish paying for my home. Changing the zone will affect many homeowners and will force us out of the neighborhood. With the COVID going on, we do not need to stress on saving our neighborhood. Please reconsider the matter. Look into the matter and try to reconsider it. Thank you and have a blessed day. Bye. Fabian Palacios (Through the Official Spanish Interpreter): My name is Fabian Palacios, here together with my wife, Maritza Maria Palacios. We were the owners of property 11777 Northwest 12th Street. We had the opportunity to sell it, and we bought this new property; that's why we're here now recording this, because we agree with the rezoning of these places, because we're witnesses since we benefited from this. We sold it, and we have some money left to pay for other things, and to help our family. City ofMiami Page 21 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Maritza Rivera (Through the Official Spanish Interpreter): My name is Maritza Rivera, and I'm the owner of 1325 Northwest 8ti' Avenue, and this is to tell you that 1 agree with all the new zoning that is proposed for the City of Miami in that area, and I think this would bring a lot of progress to this place. I would be very thankful if you can take all this into account. Thank you. Chair Hardemon: Our public comment time has come to an end, correct? Mr. Otero: Yes, it has. Chair Hardemon: Seeing no further public comments,l'll close the public comment period. MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Chair Hardemon: First, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Hardemon: Thank you very much. END OF MAYORAL VETO(ES) City ofMiami Page 22 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 CA.1 7653 Department of Police CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON FEBRUARY 25, 2020 PURSUANT TO INVITATION FOR BID ("IFB") NO. 1164386 FOR PLUMBING MAINTENANCE AND REPAIR SERVICES AT POLICE FACILITIES, ON AN AS NEEDED BASIS, INCLUDING EMERGENCY ON CALL SERVICES, FROM THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, GREEN TEAM PLUMBING, LLC, A FLORIDA LIMITED LIABILITY COMPANY D/B/A GREENTEAM SERVICES CORPORATION ("GREENTEAM"), FOR THE CITY OF MIAMI'S ("CITY") POLICE DEPARTMENT ("POLICE") FOR AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD; ALLOCATING FUNDS FROM THE POLICE GENERAL FUND ACCOUNT NUMBER 00001.191501.546000.0000.00000 OR SUCH OTHER 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 A FORM 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-20-0288 This matter was ADOPTED on the Consent Agenda. City ofilliami Page 23 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 CA.2 7654 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON JANUARY 6, 2020 PURSUANT TO INVITATION FOR BID NO. 1140381 FOR THE PROVISION OF SCUBA DIVING EQUIPMENT, ACCESSORIES, REPAIRS, AND MAINTENANCE, ON AN AS NEEDED BASIS, FROM AUSTIN'S DIVING CENTER, INC., A FLORIDA PROFIT CORPORATION, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE CITY OF MIAMI'S ("CITY") POLICE DEPARTMENT ("POLICE") FOR AN INITIAL PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM POLICE GENERAL ACCOUNT FUND NO. 00001.190101.546000.0000.00000 AND SUCH OTHER SOURCES OF FUNDS AT THE TIME OF NEED, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL; 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 A FORM 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-20-0289 This matter was ADOPTED on the Consent Agenda. City of Miami Page 24 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 CA.3 RESOLUTION - Item Pulled from Consen` 7649 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE ASSIGNMENT AND ASSUMPTION OF REQUEST FOR PROPOSALS CONTRACT NO. 348322 FOR THE PROVISION AND ADMINISTRATION OF THE CITY OF MIAMI'S PROMOTIONAL EXAMINATION PROCESSES FOR THE CLASSIFICATIONS OF POLICE CAPTAIN AND POLICE SERGEANT FROM EB JACOBS, LLC TO PSI SERVICES LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("PSI"); AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT AND ASSUMPTION OF CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH PSI; 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'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM 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: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item CA.3 was deferred to the October 8, 2020, City Commission Meeting. Chair Hardemon: The item that we passed -- that we skipped rather; was CA.3. I just had a question about that. Obviously -- I mean, I haven't had any concerns with any police officer or any organizations like FOP (Fraternal Order of Police) or anyone like that, but it brings to mind in the past where there was always a concern about how these tests are conducted and the biases, et cetera that are -- that could happen in these tests. And so, now here we are. We're assigning this to someone else, and, you know, 1 don't have much information about who it's being assigned to. And so, 1 didn't --1 was just bringing this up for everyone to consider. Is this something that we want to hear more about the persons or the organization that this has been assigned to rather than just moving forward with the assignment? Because we don't have any - - we don't -- I don't know -- of course, we knew about the other organization, but this organization, we don't have any knowledge of. And so -- especially, you know, during this time of you know, what's happening nationally, I'm concerned about -- you know - - attracting talented law enforcement officers and having those officers who shouldn't be on the force, if we could eliminate them before they get on the force, that would be the best thing. And in this test and how they do all this plays a (INAUDIBLE) role. That was -- so my question, to summarize is, do we need to know more about this organization? And if we do, can we get that information rather quickly so that we can City ofMiami Page 25 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 address this maybe at our next Commission? That's really what my concern is. Commissioner. Commissioner Reyes: Mr. Chair, I was just going to ask that. And what do we know about this company? What do we know about this company? Because historically, (INAUDIBLE) past, we had our problems, company that had -- that done testing for us and had done evaluations. I want to know, I mean, what is the qualifications of this company to be our -- the one that we're going to pick as -- to conduct all those evaluations? I would like to know more about this one. Arthur Noriega (City Manager): Mr. Chair, if you'd like, I certainly would encourage maybe Deputy ChiefPapier, who is standing in on the meeting to maybe address some of your questions. Chair Hardemon: If he wants to come on to address some questions, it's fine, but I -- what we're saying is that there's more the Commission wants to know and maybe provide that information to us so that we can digest it a bit, and maybe at the next meeting -- Mr. Noriega: Okay. Commissioner Reyes: Okay. Mr. Noriega: Whatever your preference. Whatever your preference. Commissioner Reyes: Track record and everything and previous -- I mean, who their clients have been and what is the -- how capable are they in doing this, you know. We need some proof Mr. Noriega: Yes, sir. Chair Hardemon: Because I mean, I think all -- Commissioner Reyes: And vet them. I think we should vet them a little bit more. Chair Hardemon: Yeah. All of these decisions I think would make a big difference in whether or not the City of Miami was on the headline news of some national news station because of something -- Commissioner Reyes: Yeah. Chair Hardemon: -- you know. (UNINTELLIGIBLE). So 1 just want to make sure that we're taking the right step, because if not, then, you know, the City will have to take -- will change direction -- right? -- and we will choose to do something different. Commissioner Reyes: And that happened before. Chair Hardemon: Yeah. That's all it is. I mean, it's not necessarily a cause for alarm, but just I would like to see more information, Commissioner Reyes, so that we could make a smart decision, and that decision could be to move forward with exactly what's on this agenda, but at least we (UNINTELLIGIBLE). So with that, Commissioner Reyes, would you like to -- we know, so we've told the Manager. So, I guess, the Manager -- you'll get us the information we're looking for and then this will be continued to the next Commission meeting. Commissioner Reyes: I move. I move. City ofMiami Page 26 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: Seconded by the Chair. Seeing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. CA.4 RESOLUTION 7706 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCESSING OF THE MIAMI-DADE COUNTY ("COUNTY") PRE -QUALIFICATION POOL CONTRACT NO. RTQ- 00310 FOR CATERING SERVICES ("CONTRACT") FOR CITYWIDE USE PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH VARIOUS PRE -QUALIFIED VENDORS, WHICH WAS COMPETITIVELY SOLICITED AND IS EFFECTIVE THROUGH FEBRUARY 28, 2024, SUBJECT TO ANY RENEWALS, EXTENSIONS, AND/OR REPLACEMENT CONTRACTS BY THE COUNTY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE END USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CITY OF MIAMI'S ("CITY") SUPPLEMENTAL AGREEMENT TO THE CONTRACT, 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 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 A FORM 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-20-0290 This matter was ADOPTED on the Consent Agenda. City ofMiami Page 27 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 CA.5 RESOLUTION 7759 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT NINETEEN (19) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED OF DEDICATION (COLLECTIVELY, "DEEDS"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN COPIES OF THE DEEDS. ENACTMENT NUMBER: R-20-0291 This matter was ADOPTED on the Consent Agenda. CA.6 RESOLUTION 7674 Office of Resilience and Sustainability A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING THE 2019 UPDATE OF THE UNIFIED SEA LEVEL RISE ("SLR") PROJECTIONS FOR SOUTHEAST FLORIDA, ATTACHED AND INCORPORATED AS EXHIBIT "A", PREPARED BY THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT FOR PURPOSES OF SEA LEVEL RISE ADAPTATION PLANNING ACTIVITIES; REQUIRING THAT ALL CITY OF MIAMI ("CITY") INFRASTRUCTURE PROJECTS CONSIDER AND INCORPORATE SUCH SLR PROJECTIONS DURING ALL PROJECT PHASES TO ENSURE THAT INFRASTRUCTURE PROJECTS WILL FUNCTION PROPERLY FOR FIFTY (50) YEARS OR THE DESIGN LIFE OF THE PROJECT, WHICHEVER IS GREATER; FURTHER REQUIRING THAT THE CITY CONSIDER THE SLR PROJECTIONS IN UPDATES TO LAND USE PLANS AND CODES. ENACTMENT NUMBER: R-20-0292 This matter was ADOPTED on the Consent Agenda. Note for the Record: For additional minutes referencing Item CA.6, please see "Order ofthe Day." END OF CONSENT AGENDA Chair Hardernon: Okay. Gentlemen, let's try to get some of this done. Commissioner Diaz de la Portilla: Yeah. Chair Hardenion: Let's -- let me see. The Chair would like to entertain a motion to approve the Consent and the Public Hearing Agenda, but 1 want to pull CA.3, not to be a part of the original vote because I want to talk about it just a little bit. So is there a motion to approve the CA (Consent Agenda) and the PH (Public Hearing) Agenda? City ofilliami Page 28 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Reyes: CA and the PH Agenda? Chair Hardemon: CA and PH, but not including CA.3. Commissioner Reyes: Okay. And -- Commissioner Diaz de la Portilla: The PH -- Commissioner Reyes: I'm sorry. Oh, that's right. I'm just reading it and make sure that I won't have -- 1 don't have any questions, no. That's fine. Commissioner Diaz de la Portilla: I have a question of PH.4. Chair Hardemon: Okay. Commissioner Diaz de la Portilla: I think it's your district, Chair. Is that your district, Chair, or is that Commissioner Carollo's district? Chair Hardemon: One second; let me get to it. Victoria Mendez (City Attorney): Where the Dade Heritage Trust is, PH.4. Commissioner Diaz de la Portilla: I can't hear you, Vicky. Ms. Mendez: Dade Heritage Trust -- Commissioner Diaz de la Portilla: Yes. Ms. Mendez: -- that item. It's where that is. Commissioner Diaz de la Portilla: On Brickell, right? Arthur Noriega (City Manager): I think that's District 2. Commissioner Reyes: That's District 2. And let me ask a question. This taking the 4/5ths, can we include it in the -- Commissioner Diaz de la Portilla: That's my question. Commissioner Reyes: Yeah. Don't we have to address it by itself? Chair Hardemon: (INAUDIBLE). Ms. Mendez: It is a 4/5ths. Commissioner Diaz de la Portilla: There's two of them. Chair Hardemon: We can do it, yeah. Ms. Mendez: PH.4. I apologize. Commissioner Reyes: PH.6 also is -- okay. I just wanted -- Ms. Mendez: But PH.6 was reset, no? Mr. Noriega: Yes; PH.6 was moved to the -- City ofMiami Page 29 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Reyes: Was moved. So we only have one. Okay. Ms. Mendez: So PH.4 has to do with the Dade Heritage Trust, and it is whether or not the Commission wants to enter into this lease -- Mr. Noriega: No. He just -- Ms. Mendez: -- by a 4/5ths. Mr. Noriega: -- Vicky, he's just asking what district it's in. Ms. Mendez: Oh, okay. Sony. Commissioner Diaz de la Portilla: No, the reason why I'm asking what district it's in -- that's not the only thing I'm asking; that's one. Mr. Noriega: You want it pulled and discussed as a separate item. Commissioner Diaz de la Portilla: Maybe, right? So I just want to know a little bit of background on it. Okay, can we not include that one.* now -- Chair Hardemon: Absolutely. Commissioner Diaz de la Portilla: -- in the motion, Chair? Chair Hardemon: Yeah, yeah, sure; no problem. The motion hasn't been made yet, so the request should be to approve the CA and the PH Agendas without including -- Commissioner Diaz de la Portilla: PH.4. Chair Hardemon: -- PH.4 -- Mr. Noriega: And CA.3. Commissioner Diaz de la Portilla: And CA.3. Todd Hannon (City Clerk): PH.4 and PH 6. Chair Hardemon: PH.1 and PH.6 have been deferred, so. Commissioner Carollo: So could you repeat that, Chair? Chair Hardemon: Yes. I'm requesting a motion to approve -- Well, first, you should know this, Commissioner: PH.1 and PH 6 have been deferred. Commissioner Reyes: Yes. Chair Hardemon: Okay. Commissioner Reyes: That's right. Chair Hardemon: The motion that I'm requesting is a motion to approve the CA Agenda, not including CA.3 and the PH Agenda, not including PH.4. Vice Chair Russell: So move. City ofMiami Page 30 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: It's properly moved by the Vice Chair; seconded by the Chair. Any discussion? Seeing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. City ofMiami Page 31 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 PH - PUBLIC HEARINGS PH.1 RESOLUTION 7816 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING AND SUPPLEMENTING RESOLUTION NO. R-19-0111 ADOPTED BY THE CITY COMMISSION ON MARCH 14, 2019, WHICH AUTHORIZED THE CITY MANAGER, THE CITY ATTORNEY, AND BOND COUNSEL TO TAKE ANY AND ALL STEPS NECESSARY TO VALIDATE THE APPROVED AND EXPECTED FUTURE EXPENDITURES NOT TO EXCEED ONE HUNDRED MILLION DOLLARS ($100,000,00.00) OF THE AGGREGATE PRINCIPAL TOTAL AMOUNT OF THE AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT PORTION OF THE MIAMI FOREVER BONDS ("MIAMI FOREVER AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT BONDS") IN ORDER TO REFLECT THE CHANGES TO FOUR (4) OF THE PROGRAM TYPE STANDARD OPERATING PROCEDURES FOR THE AFFORDABLE HOMEOWNERSHIP STRATEGY, AFFORDABLE NEW CONSTRUCTION RENTAL STRATEGY, AFFORDABLE WORKFORCE NEW RENTAL STRATEGY, AND HOMEOWNERSHIP PRESERVATION STRATEGY, ALL AS SET FORTH IN COMPOSITE EXHIBIT "A", ATTACHED AN INCORPORATED. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PH.1 was continued to the October 22, 2020, City Commission Meeting. Todd B. Hannon (City Clerk): Chair, just so you're aware, if the October --1 mean if the special meeting is in October 15 and we defer PH.1 to October 15, and for whatever reason, if an action is not taken on this item at the October 15 special meeting the agenda will have already gone to print fbr the October 22 meeting -- Commissioner Diaz de la Portilla: That's my point. Mr. Hannon: -- so we wouldn't be able to get it on for that October -- on the actual agenda. It would have to probably be brought as a pocket item for the October -- Commissioner Reyes: Why don't we set a date? Why don't we set a date -- Commissioner Diaz de la Portilla: Now, of course. Commissioner Reyes: -- that -- now that says, "Okay, we're going to have this" -- I mean, "this workshop and the findings of this workshop will be presented and will be on the agenda for the second meeting of October. Can we do that? City ofMiami Page 32 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: Well, as a workshop, then (UNINTELLIGIBLE) wording it incorrectly, then we won't be able to vote on it. Madam City Attorney, can we put it on both agendas? Ms. Mendez: Yes. Commissioner Reyes: Okay. Ms. Mendez: Let's just do that. Let's move -- that was my suggestion. Move this item to October 22. Commissioner Reyes: Okay. Ms. Mendez: And then on October 15, we're going to do any and all related to affordable housing, workforce housing, bonds, all that; that's what's going to be discussed. And we can put a similarly worded, if not same exact item on that, as well, plus any and all other resolutions you're going to come up with on that meeting. So I think that resolves it. And that was -- I'm sorry, but that's what I was trying to figure out when I was asking you all the questions about -- Commissioner Reyes: Before we got antsy, right? Arthur Noriega (City Manager): I think 1 heard that before (UNINTELLIGIBLE). Commissioner Reyes: Okay. Let's move, let's move. Chair Hardemon: That would be -- if the mover and seconder would agree that what the City Attorney -- Commissioner Reyes: Yes. Chair Hardemon: -- what -- Commissioner Reyes: Well, I was the mover; and I agree. Chair Hardemon: The motioner agrees. Mr. Hannon: Chair, and I apologize. The motion is to essentially just schedule the special meeting for October 15 at 11 a.m. Jrothe purpose stated by the City Attorney, so if we could take a vote on that motion, then we'll come back to PH.1 and defer that to the October 15 -- Commissioner Diaz de la Portilla: 22nd, 22nd. Mr. Noriega: October 22. Commissioner Diaz de la Portilla: 22nd. Mr. Noriega: But wait, wait. Todd, why don't we take a motion on the workshop. There's more items that have to be deferred, because all you asked me for initially was a specific date for that included in -- Mr. Hannon: And that can all be done at the same time during the order of the day. Mr. Noriega: Correct. Mr. Hannon: Right now, I'm just trying to get a vote -- City ofMiami Page 33 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Portilla: Correct. Mr. Hannon: -- on the special meeting for October 15 at 11 a.m. Mr. Noriega: Right, right. Mr. Hannon: That's all I'm asking for. Mr. Noriega: Yeah. Chair Hardemon: Okay. So let's withdraw all of our motions right now. So, we're a clean slate. The Chair would like a motion to set a special meeting date -- Commissioner Diaz de la Portilla: So move. So move. Commissioner Reyes: Second. Chair Hardemon: Any discussion? Commissioner Reyes: Second. Chair Hardemon: Hearing none, all in favor; say "aye. The Commission (Collectively): Aye. Chair Hardemon: All against? Mr. Hannon: For the reasons specified by the City Attorney earlier during this discussion. Chair Hardemon: Correct. Now we have a special meeting date. Now, for instance, PH.1 is an item that we want to actually hear on that date. So, Madam City Attorney, what you're asking for is a motion to put an item as close to PH.1 as possible on that special meeting date, yes? Mr. Noriega: No, no. The suggestion was move -- Commissioner Diaz de la Portilla: October 22. Mr. Noriega: -- it to October 22. Chair Hardemon: All right. Okay. Ms. Mendez: And then have, also, an item as close to -- same thing. Chair Hardemon: I mean, it's the same thing, right. So, okay. So let's do this, then: So the way that you all see it, I'll do it that way first. Is there a motion to continue Item PH.1 to October 22? Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: So move. Commissioner Reyes: Second. Chair Hardemon: Properly moved and seconded. Any discussion? City ofMiami Page 34 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Mr. Hannon: And this is -- we're back to the order of the day. So if the Manager would like to now go down the entire list -- Chair Hardemon: Well do that, but let's move it -- let's just tackle this for right now. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? That motion carries. Commissioner Reyes: Now we go there, sir. Commissioner Diaz de la Portilla: And if I may, Mr. Chair, before you go on with the -- the Manager goes on with the rest of the deferrals -- Mr. Clerk, sometimes it's important to have important conversations about important issues -- right? -- so this debate was important for us. And the technicalities matter, but the conversation sometimes is more important than the technicalities, so that's why we want to make sure that everything is done the right way. Mr. Hannon: Yes, sir. Commissioner Diaz de la Portilla: I know the Manager has a whole bunch of deferrals that he wants to do that we could discuss, but none would be more important than what we just discussed right now. Mr. Hannon: Understood, sir. Commissioner Diaz de la Portilla: And as a matter of public policy, we kind of know what's really, really important here, and this is the biggest issue we have in our City right now. Mr. Hannon: Yes, sir. PH.2 RESOLUTION 7854 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION INCREASING THE LIMIT OF THE MORTGAGE ASSISTANCE PROGRAM FROM $6,000.00 TO $10,000.00 TO BETTER REFLECT THE AVERAGE DELINQUENT MORTGAGE PAYMENT AMOUNT OF LOW- AND MODERATE -INCOME HOMEOWNERS WITH LOSS OR REDUCTION IN INCOME BECAUSE OF THE NOVEL CORONAVIRUS PANDEMIC; 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, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0293 City ofMiami Page 35 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item PH.2, please see "End of Consent Agenda." PH.3 RESOLUTION 7855 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION INCREASING THE LIMIT ON THE EVICTION PREVENTION PROGRAM ("EPP") FUNDS PER HOUSEHOLD FROM $3,500.00 TO $7,000.00 TO ASSIST LOW- AND MODERATE -INCOME RESIDENTS WHO ARE FACING EVICTION DUE TO UNPAID RENT AS A RESULT OF THE NOVEL CORONAVIRUS PANDEMIC; 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, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0294 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For additional minutes referencing Item PH.3, please see "Public Comments for All Item(s) " and "End of Consent Agenda." City ofilliami Page 36 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 PH.4 RESOLUTION 7611 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 29- B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BASED UPON RESOLUTION NOS. R-16-0347 AND R- 16-0348 ADOPTED JULY 29, 2016 AND SUBSEQUENT SPECIAL ELECTION RESULTS OF TUESDAY, NOVEMBER 8, 2016 WHICH AUTHORIZED THE RELATED AMENDMENT OF THE CITY CHARTER AS CERTIFIED BY RESOLUTION NO. R-16-0618 ADOPTED DECEMBER 8, 2016 (COLLECTIVELY, "APPROVALS"), AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND DADE HERITAGE TRUST, INC., A NOT -FOR -PROFIT CORPORATION ORGANIZED UNDER STATE OF FLORIDA LAWS, FOR THE CITY -OWNED BUILDING LOCATED AT 190 SOUTHEAST 12TH TERRACE, MIAMI, FLORIDA 33131 FORA TERM OF THIRTY (30) YEARS WITH TWO (2) THIRTY (30) YEAR RENEWALS, FOR MINIMUM ANNUAL RENT OF SIX HUNDRED DOLLARS ($600.00) IN MONTHLY INSTALLMENTS OF FIFTY DOLLARS ($50.00), WITH CONSUMER PRICE INDEX ADJUSTMENTS, AND WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS, INCLUDING BUT NOT LIMITED TO AIR RIGHTS, MINERAL RIGHTS, AND RIPARIAN RIGHTS, TO THE PROPERTY, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY TO BE SET FORTH IN SAID AGREEMENT IN ACCORDANCE WITH THE APPROVALS, AND ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item PH.4 was deferred to the October 8, 2020, Cu) Commission Meeting. Note for the Record: For additional minutes referencing Item PH.4, please see "End of Consent Agenda." Chair Hardemon: Okay. Commissioner Carollo: Out of that, again, PH.4 was taken out? Chair Hardemon: Correct. Commissioner Reyes: That's right. City ofMiami Page 37 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: Correct. Would you like to address PH.4 now, because I know everyone is talking about it? So I'll recognize PH.4. Is there any discussion on PH. 4? Commissioner Carollo: There is. Commissioner Diaz de la Portilla: There is, yeah. Well -- Chair Hardemon: You're recognized, Senator, and then Commissioner Carollo. Commissioner Carollo: Even though this is a small lot, I'm told -- Commissioner Diaz de la Portilla: That's okay, let him go, let him go. Let the Commissioner go, because I think -- Commissioner Carollo: I didn't take my smart pill this morning, Chair. Commissioner Diaz de la Portilla: -- I'm glad he has an opinion. Commissioner Carollo: I apologize. Chair Hardemon: You look like George Bush right now. I don't know -- Commissioner Carollo: What's that? Commissioner Reyes: Yeah. Chair Hardemon: You look like George Bush today. Commissioner Carollo: Do I? Chair Hardemon: Yeah. Commissioner Reyes: Very, man. Commissioner Diaz de la Portilla: Everybody has like a different look. And I wasn't going to say anything, but Commissioner Russell has a really nice haircut. Commissioner Carollo: Well, I've been trying to -- Commissioner Diaz de la Portilla: I like it. 1 like the haircut. Vice Chair Russell: I just, found a comb; it's not really a cut. Commissioner Carollo: -- bond with Russell. I was trying to bond with Russell, let my hair grow like he had it before. But -- Vice Chair Russell:: No. I was trying to cut mine short, like you. Commissioner Carollo: See? We're getting there. We're getting in the middle. But I was saying that this is a small lot, 6,000 square feet. However, it's in a very, very, very expensive area; Brickell. Now, while we certainly would like to see this house be preserved, I don't know if this is necessarily the place to leave it at, where the City, in particular , in the times that we're living in, could get a sizable amount of payment for that property if we put it for sale. So I'm not in favor of giving this up for 90 years at $600 a year for the whole 90 years. I mean, this is absurd. This house could be City ofMiami Page 38 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 placed in so many other areas where it wouldn't cost nearly as much to move as what we could get for this property. The fact that this might have gone through a referendum doesn't mean that we have to give it away. So my position is inclined to go with putting this up for referendum in the next election that we have so that we can sell the property and find another place where we could move this historical house. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Well, I'm sorry. Is -- the Senator was next; then you, Vice Chairman. Commissioner Diaz de la Portilla: I think Commissioner Russell -- let him go ahead, Mr. Chair, because it's his district, and see what he thinks, and then we'll take it from there. Chair Hardemon: Okay. You're recognized. Vice Chair Russell: Thank you. It's -- I think there's two separate issues here. One is whether or not we want the Dade Heritage Trust to be the caretaker of that house, and then the other issue is what Commissioner Carollo brought up, is what's the best use for that property? It is modular, it is a wooden house, it's elevated, if it's possible to move -- it hasn't been analyzed, but I don't know. I'm wonder -- my question would be probably to Legal and/or Real Estate/Asset Management as to whether or not this lease, this contract could flow with the house if it were to be moved rather than stuck with the property. That would just find some flexibility within it. If it has to stay where it is, I'm very happy supporting Dade Heritage Trust, and I think that it's a very special building and location and everything for them. So I'm okay with it as it is, but I hear where you're conning from, Commissioner Carollo, and I'm open to discussing it for sure. Commissioner Reyes: Mr. Chairman -- Senator, you were -- do you have anything that you were in order or --? Commissioner Diaz de la Portilla: I just can't -- I agree with Commissioner Carollo. I think the highest and best use -- look, and the reason why I agree is because I'm looking at anything that we can do to generate revenue for our City. I think we'll be facing some real difficult times. We all know we're going to be facing real difficult times in the coming years, and to me, that's not the highest and best use of that property. So -- and if it generates revenue for our City, I think we should do it. I respect the Commissioner -- the district Commissioner, what he thinks about what we should be doing there. But if he's open to it, then I'm supporting Commissioner Carollo on this, and then maybe we just get it done and move that place somewhere else, the Trust somewhere else. Commissioner Reyes: I -- through the Chair. Mr. Carollo, you must remember that this is not the .first time that we have moved historical houses to different places. Remember when we moved Miami High, Miami Senior High ((UNINTELLIGIBLE), it was moved in order for us to (UNINTELLIGIBLE) the land that (UNINTELLIGIBLE). And if this is the -- I mean, we should find the best use for this land, and if it is better to sell it or to lease it, and what would be the best return that the City is going to have there. And I agree with you, should -- if we find that it is possible, and we are going to get a substantial -- or we're going to get some revenues, particularly as Commissioner Diaz de la Portilla said. Now, the economic problem that we're going to be facing probably for the next two years, then we will have to take every single asset in order to increase our revenue. And I agree with you and I support your suggestion. City ofMiami Page 39 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Carollo: Thank you, Commissioner. Chair, could 1 speak? Chair Hardemon: You may; you're recognized. Commissioner Carollo: See, I made up for the other time now. Chair Hardemon: You're recognized. Commissioner Carollo: There are a couple of places that we could potentially look at placing it. One is behind Simpson Park, next to the Underline. We have a big area there that it could possibly go. The other is next to the house that we have already in Southside Park. There are other areas. Commissioner Reyes: That's right. Commissioner Carollo: We have those two that are fairly near to the property in question. Commissioner Reyes: Mm-hmm. Commissioner Carollo: So finding a location I don't think will be difficult. But what - - I'd like to ask the City Attorney to advise us based upon what you've heard from the majority of the Commission to advise us the best way to proceed. Victoria Mendez (City Attorney): I wanted to clam, because I believe this was a question from the Vice Chairman. It is solely within your discretion, 4/5ths of this Commission, to decide if you want to enter into this lease and if you want to waive competitive bidding. So this is a permissive Charter rewrite. So you're able to -- Commissioner Carollo: Madam City Attorney, can you speak louder? Your voice is low. Commissioner Diaz de la Portilla: I can't hear you, either. Chair Hardemon: For some reason, from the very beginning, your audio has been very low. Ms. Mendez: My audio is low? Okay. Can you hear -- I'm going to get closer for now. Can you hear me better? Commissioner Carollo: Yeah, better. Ms. Mendez: Okay. This is a permissive Charter rewrite, so this is similar to Freedom Park, and you're able to decide whether or not you want to enter into this lease. So if this Commission does not decide by a 4/5ths vote to waive competitive bidding and execute the lease, you do not have to. So that's the -- I'm just giving you the easy part, which is, you decide what you would like to do with this item. Chair Hardemon: The thing about this site is that -- what could it be used for? It's such a slender parcel of land, 6,000 square feet, and I'm trying to see what is -- I can't tell if that's north, east, south, or west, but what is on the opposite side -- Commissioner Carollo: Chair? Chair Hardemon: -- in the street. Yes. City ofMiami Page 40 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Carollo: We can go up to 48 stories in that piece of land. Obviously, because it's small, 6,000 square feet, it's not practical in going 48 stories. But you could still go numerous stories high. So the land in particular, where it's at, it's worth quite a bit. If it was a larger parcel, it'd he worth even more, but just with the size that it has, being where it's at, and even if you're limited to a much smaller amount of stories that you could build, that's a very expensive piece of property. Chair Hardemon: And I believe it. I mean, they assessed it at 1.2 -- property value of $1.3 million, so. Commissioner Carollo: Well, you can't go by what the County puts down. 1 don't know if that's what you're looking at or -- Chair Hardemon: Yes. Commissioner Carollo: -- that someone else gave us that. Chair Hardemon: I'm looking at that, veah. I know we -- Commissioner Carollo: Looking at the County? Chair Hardemon: -- (UNINTELLIGIBLE) it doesn't have comps, but I'm just looking at their base amount, which means that it could he more than that is all I'm saying. Commissioner Carollo: Well, I'll bet you that that would bring maybe five times that. That's expensive for that property. Chair Hardemon: Yeah. I -- Vice Chair Russell: (UNINTELLIGIBLE) what vertical development is possible there. Commissioner Carollo: Yeah. Well -- Chair Hardemon: But what is it next to? I -- There's a building that it abuts, but then next to it, there's something, and then there's a street. What is that something? Because that's not being captured within like property lines. What's directly -- Commissioner Diaz de la Portilla: It's like a parking lot, right? Chair Hardemon: Because whatever it is, I mean, you can't -- Vice Chair Russell: (UNINTELLIGIBLE). Chair Hardemon: -- (UNINTELLIGIBLE) feet from the Property Appraiser's site. You can't even click on that. Commissioner Diaz de la Portilla: Look at the picture to the left, Chair -- is that what you're looking at? -- on 13th Street. Chair Hardemon: So what I did was, I looked up 120 Southeast 12th Terrace on the Property Appraiser's website, clicked it. Of course, you know, you can see the bird's eye view. And -- Commissioner Diaz de la Portilla: I got that. Chair Hardemon: -- if you're looking at the picture to the right, there's something. I can see trees, but whatever it is, it doesn't allow me to actually -- it doesn't City ofMiami Page 41 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 acknowledge it as if it was a property with an owner, so 1 can't even click on it. l just wanted to know if anyone knew exactly -- Vice Chair Russell: Are you looking at the County's site or the City's site? Chair Hardemon: I was looking at the County's site. Vice Chair Russell: Take a look at the City's site. It's got the folios pretty well delineated, and you can see our ownership of 190 Southeast 12th Terrace. Right next to that is a pair of thin strips that are owned by -- looks like Cecilia Zurrica (phonetic). I don't know what use that property has. Commissioner Diaz de la Portilla: If you look at it -- you're talking about to the left -- right? -- of the picture? I guess it's to the left. Right? So it'd be to the north. Right? It's like a two-story building or three-story building there. Right? Chair Hardemon: So I was looking at something that -- it doesn't appear that there's a -- it doesn't appear that there's a building. Maybe it is, I don't know. What I'm looking at doesn't appear as a building. Vice Chair Russell: You're talking to the south, Chairman? Chair Hardemon: You know, it's not -- it doesn't really say what's south or north -- Commissioner Diaz de la Portilla: North. Chair Hardemon: -- but what is next to that, what is next to the land that I'm describing is the road. There's a road. Vice Chair Russell: Brickell Bay Drive. Chair Hardemon: Okay. That's Brickell Bay Drive? Vice Chair Russell: The one that goes across the frontage of the historic structure is Brickell Bay Drive. Chair Hardemon: Okay. So then you see where Brickell Bay Drive then would intersect with whatever road that is. Commissioner Diaz de la Portilla: Southeast 13th Street. Vice Chair Russell: 13th Street on the south; 12th Street on the north. Commissioner Diaz de la Portilla: Correct. Vice Chair Russell: Or 12th Terrace. Commissioner Diaz de la Portilla: That corner of 13th Street and Brickell Bay Drive, that corner, what's that? Chair Hardemon: Tell me what this is. This is the best way to do it. Wait, wait, wait. Okay. Right here. What is --? Commissioner Diaz de la Portilla: That's what Pm talking about. What is that? Vice Chair Russell: That's their right-of-way. That's just -- that's the sidewalk with palm trees and things like that on there; landscape. City ofMiami Page 42 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: Okay. It's not captured here on the -- like, you try to click on that, it doesn't show who's the owner. It doesn't show anything. So I was -- when I was look -- Vice Chair Russell: Oh, yeah; that's just right-ofway. Theoretically, it could be replatted to be expanded at least closer to the street, theoretically. I don't know that 100 percent. Chair Hardemon: So 1 bring that up to say that if -- that may make the site that much more valuable, Commissioner Carollo, if the City, for instance, if we're the ones that own that or if it's -- you know -- I just think it can use a bit more research to figure out what that is and how it's being used, and its potential at the site. But -- well, I mean, I think everyone has kind of expressed themselves. And so, how is it that we want to handle this? Vice Chair Russell: So I would like to do an analysis of the property from Real Estate/Asset Management's perspective to get a true appraisal on what it's worth, with the flexibility, as you mentioned, if it were to be re platted in a slightly larger footprint, if that's possible; analyze what the vertical construction potential is there to see what it's even worth at all. If it's not worth the value of moving it, then I wouldn't do it. But if it is, if Commissioner Carollo's right and it's worth upwards of $5 million, whoever we lease or sell it to, it would be on their shoulders to take up the expense of moving the historic structure at their dime, but it's incredibly important that we keep -- continue to keep Dade Heritage Trust tied to that structure, so we should consult with them if there's a location that's very suitable from a historic preservation perspective of where that should go; preferably, on City property; preferably accessible to them in a way that serves their needs, because the original purpose of this referendum and this lease was to make sure they have a long-term home at a not -significant cost, so they can continue to service the City and the County with what they do. So that's -- those are my priorities, butt do completely understand the potential to look at this from a financial perspective and what's possible, so I'm open to that. Where that leaves us on this particular item would probably either be a deferral for further research .from DREAM (Department of Real Estate and Asset Management), HEP (Historical and Environmental Preservation) Board, and the DHT (Dade Heritage Trust) themselves, and then we could reassess it at that point. I just worry that if we make a decision right now, we're not taking something into account that we probably should be. Commissioner Reyes: I agree that's the -- through the Chair -- that is -- Chair Hardemon: You are recognised. Commissioner Reyes: Okay. I think that's the proper way of going about it, and let's find out how much we can get for it. And also, I was -- while I was listening to the description of the area, I think that they are over -- the City owns properties that is next to it, and I don't know if we can increase the size of the lot -- of the potential that that lot has, and find, as my fellow Commissioners have stated, the best use for them; see how the City of Miami is going to be -- increase its benefits by going the other way instead of leasing it to the Dade Heritage Trust. I believe that we should keep the Trust tied to the little building. I mean, there is nothing wrong with it. What will he -- Commissioner Carollo, what he proposes is very clear. I mean, we are not divorcing them, one from the other, doing away with the Trust, because we are moving the building or the house and what we are finding is a place that we can move that structure to, and they can operate from that place that it's going to be moved to, you see, and that's all it is. We have done it before, and we could do it again. City ofMiami Page 43 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Carollo: But that's -- Chair? Chair Hardemon: You're recognized. Commissioner Carollo: That's very true, Commissioner. However, the County has expressed itself that it wants to be the 800-pound gorilla in many other areas, and particularly when it comes to taking tens and tens of millions of our dollars from CARE (Coronavirus Aid, Relief, and Economic Security). So they should step in here and be the 800pound gorilla, and put up the money to move this house somewhere else; we'll, 1 think, be able to identify some City properties that it could go to, but if they have some of their own property that they want to move it to, I would have no problems with it. If you want to leave the Heritage Trust with this property, that's fine with me, also. But, you know, the City of Miami is not the only area of Greater Miami -Dade County that has historical properties. Commissioner Reyes: Right. Commissioner Carollo: So the County should come and be the one responsible for the expenses of moving this house from wherever it's going to go to. Last, but not least, in as far as an appraisal, I don't know if DREAM would be the ideal agency to give you a real good appraisal versus other areas. I don't want to spend any money on this -- I don't think any one of us -- doing an appraisal. The facts are that the ultimate appraisal is when you put it out in the market. Commissioner Reyes: Mm-hmm. Commissioner Carollo: And certainly, I think we all would agree that that's an expensive property no matter what amount it would come back to. So my motion, if it's appropriate, Madam City Attorney -- and this could end up being an area where some might have disagreements with us, so I would appreciate it if you guide us in the wording that we should use. But basically, what 1 want to do is place the motion that we will not go forward in awarding this as such and that we want to find another location for the house to be placed in. We will be willing to look at some of our locations. If the County has some of theirs, it's fine, and that we would gladly give it to the Heritage Trust to take care at their expense. And, of course, the County can help them with it. Chair Hardemon: Uh -- Commissioner Reyes: I can't hear you. Commissioner Diaz de la Portilla: We can't hear you. Chair Hardemon: Right. I know that -- Commissioner Carollo: Can't hear you. Chair Hardemon: Oh, Vicky wants to speak. Go ahead, Vicky. We can't hear you. Commissioner Carollo: No. Chair Hardemon: And Commissioner Carollo, until she gets her -- try now, Vicky. No, we can't hear you. We can't hear you. So, Commissioner Carollo, I know that Commissioner Russell was talking about a deferral -- right? -- and analyzing the site and things of that nature. In all of these things, what you're saying or he's saying, pretty much, they're in agreeance. So can we simplify it a bit by asking for the deferral and then working on everything else in the meantime? City ofMiami Page 44 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Carollo: Well, look, I won't have any problem for a deferral if that's what a majority of this Commission wants. But what I don't want is then the game - playing that the Heritage Trust then starts trying to put the full court press on some of us. Chair Hardemon: I don't think they'll have the votes. They need 4/5ths of the votes to make that happen, so I think that this is one of those things where it behooves us to think alike and try to move this thing forward in a way that's productive, not only for the City of Miami with the potential sale or lease of that land, but also for the Dade Heritage Trust, the preservation of that structure and being -- you know -- it being placed in a place that is conducive for their mission. Commissioner Reyes: Commissioner Hardemon? Chair Hardemon: Yes. Commissioner Reyes: I just want to know what will (INAUDIBLE). And it is the opinion of the majority that we have to use that -- I mean, we should use that land and for the benefit of the City of Miami and that the house should be moved to another place and we can use that land that they're going to leave behind and which we're going to sell it or we are going to lease it, and the fastest we get it, the better off that we're going to be, you see. So if you want to go with the deferral? Okay. But I don't think it's going to solve anything; it's my opinion, you see. Vice Chair Russell: I think it'll give us some answers that we don't have now. You know, it'll give us a sense of what is possible to be built. Planning and Zoning can tell us what the capacity with setbacks and height restriction and everything -- it'll give us some answers we don't have today. And it'll also give us a chance to learn a little bit more about the house, the property, what's important about the house versus the property. If the whole historic site of this is just the house itself I'm not opposed to moving it. And if the land is of good value to us, I'm not opposed to moving it. But if all that doesn't work out and we've actually made a resolution right now to undo what we're doing in the moment, we won't be able to come back to it as easily, so I'd rather just put -- pause for a second and just study it. And, you know, Dade Heritage Trust, they're our tenant. This is -- they recognize this is a City of Miami land and City of Miami property. They have invested in the property. They have maintained it, they have repaired it, they have been a good steward of it, so 1 would at least -- you know - -1'll at least talk to them to understand -- you know -- what they were -- what serves them in terns of the location. Maybe they don't need to be in Brickell at all; I don't know. I -- so I would just ask fbr a deferral. I agree with the Chairman. I'm not opposed to what Commissioner Carollo is proposing at all. 1 would just say, let's take a quick breath and get this back before us before we actually dispense with everything that's been done so far on this item. Commissioner Diaz de la Portilla: Mr. Chair? Chair Hardemon: Yeah, you're recognized. Commissioner Diaz de la Portilla: How long is that breath? Vice Chair Russell: I'm good with two weeks. If DREAM can get us some answers and Planning and Zoning can get us some answers in two weeks, I think that's fine. Chair Hardemon: I mean, I don't know if -- Commissioner Reyes: In deference to the City Commissioner of the area -- City ofMiami Page 45 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: 1 don't know if they'll do it in that fast. Commissioner Reyes: -- I'll vote on it. Chair Hardemon: I don't know if that'll be enough time for that. Vice Chair Russell: Mr. Manager, could you help us out here? Do you need a full month to do a quick assessment on this property? It shouldn't be too hard. Arthur Noriega (City Manager): Not for what you're asking for, no. Commissioner Diaz de la Portilla: So again, how long is the breath? This gets -- Mr. Noriega: To the next meeting (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: Mr. Chair, Mr. Chair, if I may, I just -- maybe I woke up and like -- I think the word that Commissioner Reyes used was "frustrated," but maybe that's the wrong word. I just -- you know, I'm -- and some -- as the City Attorney, had said, "antsy," and I don't know exactly how I woke up, but I want to make sure that things happen in this City. So, to me, if everything has to be a delay and we'll talk about it, well debate it, well come back, well defer it, and then six months later and -- we don't have that luxury anymore, because we're in a economic crisis. We have to reopen our City. We have to -- people need jobs and people need to -- income needs to flow throughout our City, so anything that -- our revenue generators have to happen. So why is everything always a conversation about, "Let's take a breath, let's talk about it, well figure it out next year"? Why can't things just happen quicker in the City of Miami? Vice Chair Russell: Well, Commissioner, if the Manager can get us the answers we need this afternoon (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: Well, I'm not asking you, Commissioner Russell, no; I'm asking the Manager. Why is it you can't do it in two weeks, Manager? Mr. Noriega: I just said -- Commissioner Diaz de la Portilla: Why does it take so long? Mr. Noriega: -- that's -- Commissioner, I said, "That's fine. And we can absolutely do it for the October 8" -- Commissioner Diaz de la Portilla: In two weeks? Two weeks. Mr. Noriega: Yeah, that's what said. Commissioner Diaz de la Portilla: Okay. I understood you said, "a month." I'm sorry. I misunderstood you. Mr. Noriega: No, no, no. Commissioner Diaz de la Portilla: I think we take one of our 4,500 employees in the City of Miami and I'm sure you can put enough of them together and they could give us quick answers to things, right? Mr. Noriega: I am absolutely certain we can get you an answer as fast as you want it. City ofMiami Page 46 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Portilla: As fast as we all want it, I think, because we're all in the same boat, right? Mr. Noriega: I meant "you," in the plural sense. Commissioner Diaz de la Portilla: Yes. Okay. I'm done. Vice Chair Russell: Thank you. I'll make a motion to defer the item for -- until the first meeting in October. Todd Hannon (City Clerk): Chair, Chair, my apologies. There was a motion on the floor by Commissioner Carollo. Vice Chair Russell: I apologize, Commissioner Carollo. Chair Hardemon: There was a motion and there was a second. Any further discussion? Commissioner Carollo: Well, I'm confused. Does that mean that we're going to vote to recommend that the nomination for Ginsberg's replacement before or after the election? Chair Hardemon: (INAUDIBLE). Commissioner Diaz de la Portilla: I would love to have a Cuban -American Supreme Court Justice. It took -- Commissioner Reyes: Well, so do I. So do I. Commissioner Diaz de la Portilla: -- a long time. Commissioner Reyes: She has my vote. Commissioner Carollo: Well, but you haven't said; before or after the election? Commissioner Reyes: Before; before the election. Commissioner Diaz de la Portilla: Everything before the election, Commissioner. Chair Hardemon: So no -- there's no motion on the floor by Commissioner Carollo. Commissioner Reyes: No, there was not a motion. Vice Chair Russell: All right. In that case, I'll move for a deferral of two weeks, please. Commissioner Reyes: Okay. First meeting in October, right? Vice Chair Russell.• Correct. Commissioner Reyes: Sure. Okay. Chair Hardemon: All right. Properly moved; seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 47 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: That motion carries. Ms. Mendez: 1 re -logged on. Can you hear me now? Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Yes. Vice Chair Russell: Yes. Chair Hardemon: Yes. Ms. Mendez: Great. Thank you. Commissioner Diaz de la Portilla: You're probably too loud now, so -- Ms. Mendez.: That's fine. So now -- Commissioner Reyes: Turn it down a little bit. Ms. Mendez: No. Now you're really going to hear me. Commissioner Reyes: Turn it down now, all right? Commissioner Carollo: I was going to say that you are kind of loud now. PH.5 RESOLUTION 7760 City Manager's Office & Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY") DATED MAY 15, 2007 ("LEASE"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TERMINATING A PORTION OF THE LEASE TO CARVE OUT THE CITY -OWNED PROPERTY LOCATED AT 1785 NORTHWEST 35TH STREET ("PROPERTY") AND PROVIDING FORMAL NOTICE OF PARTIAL LEASE TERMINATION TO THE COUNTY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A QUITCLAIM DEED ("DEED"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO CONVEY THE PROPERTY TO SAINT JAMES COMMUNITY DEVELOPMENT CORPORATION OF MIAMI, INC., OR AN AFFILIATE ENTITY MEETING THE CITY MANAGER'S APPROVAL AT TIME OF CONVEYANCE ("ST. JAMES"), PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PURPOSE OF REDEVELOPING THE PROPERTY INTO WORKFORCE AND AFFORDABLE HOUSING; CONTAINING A REVERTER PROVISION WITH TERMS MORE PARTICULARLY DESCRIBED IN SAID DEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS DEEMED NECESSARY TO AMEND THE LEASE AND/OR CONSUMMATE THE CONVEYANCE. ENACTMENT NUMBER: R-20-0295 City ofMiami Page 48 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For additional minutes referencing Item PH.5, please see "End of Consent Agenda." Commissioner Carollo: Mr. Chair -- Chair? Chair Hardemon: You're recognized, Commissioner. Commissioner Carollo: Is that all the PHs (Public Hearing) that were left? Chair Hardemon: The PHs are complete, yes. Commissioner Carollo: Okay. Can I bring up PH.5? I know we voted on it, but I just wanted to be able to bring up PH.5 just to discuss something real quickly -- Chair Hardemon: Okay, you're recognized. Commissioner Carollo: -- with the Commissioner from District 1. Commissioner, how many units are we talking about in PH.5? Commissioner Diaz de la Portilla: I don't know. I think -- the preliminary conversations I had with our City Manager, I believe -- correct me, Manager, if I'm wrong -- was 220, something like that, right? So that's what the (INAUDIBLE) -- Commissioner Carollo: I thought it was more than that. Commissioner Diaz de la Portilla: Well -- Commissioner Carollo: Mr. Manager, how many --? Commissioner Diaz de la Portilla: Well, not by a matter of right. I think by a matter of what they want to do there. Arthur Noriega (City Manager): Correct. Commissioner Diaz de la Portilla: So it's not what they can do, it's what they want to do. So I had as very preliminary conversation. And it's a good area because we have -- as you know, we have all that parking lot. We have the library. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: We have -- maybe have a redevelopment possibly, an opportunity maybe to address some of that 17th Avenue frontage there so -- Commissioner Carollo: I agree in that aspect. Commissioner Diaz de la Portilla: But I don't know. I mean, it was a preliminary conversation. It wasn't about the details. But I knew that I didn't want something -- and remember, on the other side there, on the 18th Avenue side, we already have Buena Vista affordable housing over there. City ofMiami Page 49 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Carollo: Yes. Commissioner Diaz de la Portilla: So it's kind of like -- it's congruent, right. It's something that will be next to it that actually fits that mold -- Commissioner Carollo: Right. Commissioner Diaz de la Portilla: -- with affordable housing that's needed. Commissioner Carollo: Right. Commissioner Diaz de la Portilla: But I'm not wed to that idea. It's not something that I've made a commitment to. Commissioner Carollo: Well, here is what I wanted to present to you. And I'm sorry that I'm doing it after the fact instead of before. I like the idea of building here. I think it's an appropriate place. We own the land. But what I'm not so sure about is this failed policy that we've been going through that we give our monies by the tens of millions to developers -- in this case, we're not giving actual cash, but we're giving property that's worth actual cash. And the promise is, "Oh, we're going to then be able to do affordable housing for you." Well, the affordable housing that all these places have built so far is not affordable for the people that live in the City of Miami. What we're doing is creating housing for transplants that come from another part of the state, the country, or another part of Miami -Dade County. So here is what I'd like to bring up to you for food for thought here today. And for that matter, for the rest of the Commission because there are areas that we have in all of our districts that would fit this size shoe. And that is, instead of giving this land to any organization to develop, we develop it ourselves by contracting with a developer that I will tell you we could get this built for no more than 125 and probably below, $125 a square foot. Then we add into that the cost of land, what we think the land should be worth. And instead of rentals, we do the plan that I've been talking about -- and the Mayor's familiar with a lot of those details. We're moving forward in my district now to accomplish this, working with the Manager. What if we built there, and at the end within two years when it's built, people are going to be able to own their own condominium, their own property. You're going to get four plus, $5 million back that you then can reinvest in the same thing or whatever you need for housing in your district. Commissioner Diaz de la Portilla: I -- Mr. Chair? Chair Hardemon: (INAUDIBLE). Commissioner Diaz de la Portilla: First of all -- Mr. Chair, if I may through you. The -- I agree with you about the -- let's call them cultural appropriators -- right? -- the outsiders that come to our community and try to tell us how to live and what to do and all these things. I agree with all that. A lot of this has to be homegrown, I think, right? And that's why we have the October 15th meeting because I want to -- I'm trying to accelerate the conversation. Because when I was campaigning and you were helping me, we were able to have those conversations about affordable housing. You were the leader and the Commissioner who told me, "Hey, this is my, idea. This is how we do it." After I was elected, I had spoken to the Mayor, and I know you and the Mayor share the same ideas about how we move these affordable and attainable housing projects forward. It just so happens that in the district that I now represent, we have -- right down the 17th Avenue corridor, we have -- you know, we have (INAUDIBLE) Del Toro, we have Buena Vista. We have a whole bunch of -- YMCA (Young Men's Christian Association) I and IL So we have a City ofMiami Page 50 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 number of affordable housing units for seniors in particular, which is a very important part of what I campaigned on and I'm trying to govern on to help those people. We all want to create affordable housing. Your vision that you shared with me during that campaign cycle and the Mayor's vision that I shared with him after I was elected are very similar. And the conversation that I had with Commissioner Reyes -- I haven't had that many conversations with Commissioner Russell about it because, you know, we can't. But in the moment that we were -- he wasn't helping me during my campaign so I couldn't talk to him too much. But that's okay. But we had conversations with other people. And to get to the point that we want to work together to come up with a plan, a comprehensive plan that works with everybody. The approval of this particular item was kind of to move something forward, you know. It doesn't mean that I'm married to that concept. It doesn't mean that that's what we're going to do there. It just means that it's the first step in moving something in that direction. You're right. We shouldn't be giving land away to developers unless we get something in return for the City that makes sense, unless we have a comprehensive plan that works for the whole city, for all our residents. I agree with all that. And that's why that October 15th special meeting, maybe it's a first step in that direction saying what does Commissioner Reyes want, what does Commissioner Carollo want, what does the Mayor Francis Suarez want, and what does Commissioner Hardemon -- before he leaves -- what does he want for his very unique community that he understands that I don't understand. And I understand that I don't understand it, right? Everybody represents different areas of Miami and their very diverse community. And it's a good idea, it's a good idea to get everybody's perspective on how we're going to move our city forward in the most important issue that we face right now, which is affordable and attainable housing. Of course, Commissioner Russell represents a very wealthy area of Miami, so he doesn't have the same need and geographic need that we have. But as a city, people need to live somewhere. They can't live in Coconut Grove. They can't live on oceanfront property, on Biscayne Boulevard or on Brickell, but they can live in our neighborhoods. And we have to make it easier for them to afford it. And that's kind of my idea of how we move these things in a fast way, and that's why this item was brought up, and that's why I had the conversation with our City Manager to say, "Hey, how do we move this project forward in an area that needs help?" This is Little Santo Domingo, as it's called -- Commissioner Reyes: Yeah, that's right. Commissioner Diaz de la Portilla: -- an area that needs help. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: It needs a lot of help and a lot of resources dedicated to it. It's part of the area that 1 want to include in the expansion of the Omni CRA (Community Redevelopment Agency), if we get there. I don't know if we're going to get there, but we're going to try to get there. How do we revitalize these poor neighborhoods and make Miami accessible and affordable for all Miamians and not only the skyline that we see when we're watching football games. And that's kind of my debate. How do we take some of that wealth -- and not to be too much of a liberal about it -- but how do we -- excuse me, Commissioner Russell - - distribute some of the wealth into some of these areas? Chair Hardemon: I cannot (INAUDIBLE) said wealth. Commissioner Diaz de la Portilla: I don't want to sound like a democrat (INAUDIBLE). Commissioner Reyes: You know -- City ofMiami Page 51 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Carollo: You're concerning me, Commissioner. Now you're concerning me. Commissioner Reyes: Listen, listen -- Commissioner Carollo: You're sounding like that guy, (INAUDIBLE), I don't know why. Commissioner Diaz de la Portilla: I caught myself in the process of saying it, so 1 caught myself. Commissioner Reyes: Through the Chair, through the Chair. Commissioner Diaz de la Portilla: But 1 do know -- Chair Hardemon: Let him finish and then -- Commissioner Diaz de la Portilla: Commissioner Carollo, Commissioner -- I'll finish now very quick. Commissioner Carollo and Commissioner Reyes, we've all walked our neighborhoods. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: We've seen the amount of poverty -- and Commissioner Hardemon. We've seen the amount of poverty in the City of Miami. And people who are older and who live alone and people who should not be living in those conditions in a first -world country you know what I mean? And you think some of these places appear to be third -world places. And we've got to invest in these people and invest in these communities. And so to that -- these dollars and these beautiful condos that you see in downtown Miami and on Brickell Avenue, somehow some of that money has to go over there too to help those people. That's -- and we have to stop talking about it, have a meeting about it, have a real conversation about it in the sunshine so that everybody can say this is my idea. Carollo, you have -- Commissioner Carollo, you have great ideas. The homeownership is a fantastic idea. Micro units is a good idea. Multiple bedrooms and bigger homes for families to be able to live is Commissioner Hardemon's idea -- Chairman Hardemon's idea. It's a great idea for respective communities. So all these ideas put together with the money that Miami Forever gives and other dollars that we can now generate with revenue generated, that makes sense for Miami and it makes sense for the legacy that we're all going to leave once we leave office and that's what I want to do. I don't want to (INAUDIBLE). I'm getting old, not as old as Commissioner Reyes and not as old as Commissioner Carollo, but I'm getting old and I kind of want to have a legacy, right. I want to leave something here. Chair Hardemon: Well -- Commissioner Carollo: Don't ask me for a space in Shangri-La. Commissioner Reyes: Through the Chair. Let me tell you this, Commissioner Diaz de la Portilla. Alex, that is why I'm frustrated because I'm old and I want to see some of these projects get to fruition. I want them to be built. And since the first day -- and we've been talking about this. And we -- and I remember Commissioner Carollo that we even directed the former City Manager to have a housing agency -- I mean, to form a housing agency in order to build affordable housing. But my complaint has been -- and you all have heard me -- that affordable has to mean affordable. Affordable has to mean affordable. And in order to be affordable, it has City ofMiami Page 52 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 to be according to the guidelines -- the HUD (Department of Housing and Urban Development) guidelines that they cannot be higher than 30 percent of their income. And we have to comply with that. Also, I know that there are different levels of income, but we have to make it affordable, particularly to the people that they are low-income people. And I agree with you, Commissioner Carollo, and I know that, Alex, you have the same idea. And I have talked to Commissioner Hardemon that the most important part of it is homeownership. It has been tried before. And I remember when I was working with (INAUDIBLE) back in the '80s, that we started homeownership down in Coconut Grove and you still can see those beautiful houses on US-1. Those were five or six houses that were built there, and it was offered. The program stopped, but we have to start homeownership because that is the difference on having a well -kept neighborhood and a neighborhood that people are -- they don't care what's going on. And that's why -- as Commissioner Diaz -- Alex said -- this meeting is very important. And it might take a long time for us to get together and agree. And I'm going to throw an idea now that we have to also determine the needs, the need, which districts need more -- is more need of having affordable housing for their residents, not for the people that lives in Broward or some other place, our residents, the people that want to live in the City of Miami and have been living in the City of Miami for a long time. How can we offer them decent housing at affordable prices? And that is something that I would like to bring to that meeting. And the needs of Liberty City and Allapattah and Little Havana is not the same need that we have in Silver Bluff or in other -- or the Upper Eastside -- I mean, oh, no, at Commissioner Russell. I have need also. I have pockets of poverty, lots of pockets of poverty too. But we need to make sure that according to need we are going to provide affordable housing but real affordable, real affordable that really is in line where the people -- the earnings of the people that are in those neighborhoods. Chair Hardemon: Commissioner -- Commissioner Reyes: That has been my -- and you know that, Commissioner Carollo and Commissioner Hardemon. That has been my problem all the time and has been my message since day one. Chair Hardemon: And Commissioner Reyes -- and we completely agree with you -- that's why the -- in relation to $100 million, why it was broken up, I believe, in -- and I always forget the title of it. But I don't know if it was CDBG (Community Development Block Grant) or it was one of those types of guidelines. So each of us will have a pot that was based upon need where we'll be able to make decisions for our community. And what I appreciate about this board is that we've been supportive of each other in making those decisions. Because I want to see everyone in every district succeed, you know. The gentlemen that are here, I know that each of you care greatly about your communities. Even Commissioner Russell has areas within his district that have great need, and he'll have the resources to create change through this bond initiative. So we have everything that we need, but like the senator said, we need to make it happen. Commissioner Reyes: Well, let's get moving. Let's get moving. I mean, that's -- when I said frustrated, Commissioner Diaz de la Portilla, I meant that slow pace in which we move, you see. And I'm frustrated because I used to work at the private sector. In the private sector, you just move, move, move. But given all the constraints that we have -- well, legal constraints and I mean, departments that they don't move as fast as they could, every single project takes a long time. Even if you are going to lay a (INAUDIBLE) home on the street, it takes almost a year or more than that, you see, and that's frustrating. And part of the frustration is that we are not -- I mean, we passed those bond -- the bond issue, we passed it and we have housing money. I don't know how many millions we have, and we haven't built a single unit, you see. That's something that, I mean, it frustrates people. It frustrates City ofMiami Page 53 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 me because I want -- as you well stated, I'm old, man. And 1 don't know if I'm going to be here (INAUDIBLE). Commissioner Diaz de la Portilla: I meant it in a nice way, Commissioner. I meant it in a nice way. Commissioner Reyes: Yeah, listen, it's one point well taken. Commissioner Diaz de la Portilla: You know with age -- Commissioner Reyes: Listen, I don't -- Commissioner Diaz de la Portilla: -- is wisdom. Commissioner Reyes: I don't take it -- I know -- you see, before you came here, the first time that I got here, you know, Commissioner Russell was very, very much into declaring everything historic. And I was afraid he was going to declare me historic too. Commissioner Diaz de la Portilla: Oh, yeah, yeah. But it's not too late for that. It's not too late. We're going to have a reso, right? Commissioner Reyes: If you make the motion, I know he will second it. But I'm really glad that we are in the same wavelength that we want to keep -- start moving, start moving. We have the money. Let's spend it. Let's work it. There are people there in need, in dire need of housing. Let's do it and let's do it the right way. And that idea of this workshop on the 15th is fantastic. Great ideas are going to come out of that, I know that. Chair Hardemon: Okay. So then let's try to -- okay. Right now we're on what would typically he our lunch break, right, after noon. We know that we have our budget hearing at 5, and then we also have some PZ (Planning and Zoning) stuff. So do you guys want to just go ahead and take the break now -- Commissioner Carollo: Yes. Chair Hardemon: -- and then come back at 3? Commissioner Carollo: Yes. Chair Hardemon: Normally, we come back at 2, but because it's going to be a longer night, maybe come back at -- Yes, Senator. You're recognized. Commissioner Diaz de la Portilla: We have -- I'm sorry, Chair. We have a CRA meeting that we've got four items that we want to pass. Chair Hardemon: Okay. Commissioner Diaz de la Portilla: And I have a little surprise for Commissioner Carollo, a little pocket item I have. So I might make Commissioner Carollo very happy today I think, you know. So if we could do the CRA meeting whenever you pick the time you want to do it at, it won't be long. Chair Hardemon: So what we can do then -- Vice Chair Russell: Could we do the RE (Resolution) agenda before? City ofMiami Page 54 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: When we come back, we can address the CRA meeting, if we would like to do it that way. So that would be the first thing we get into and then finish the rest of the agenda. Commissioner Diaz de la Portilla: That's fine, whatever you want. It's your preference, sir. I just want to make sure that we get it done quickly. And then we have Planning and Zoning, and then we have budget. I think budget is going to be -- have some interesting items to discuss. Chair Hardemon: Right. Commissioner Diaz de la Portilla: And I'm a little bit antsy today, as our City Attorney says. So you know, I don't want to go on until midnight doing this, you know, so we'll see if we can do it quicker. Just get to -- get over the antsy-ness of it. Commissioner Reyes: That's the word of the day, "antsy." Commissioner Diaz de la Portilla: Antsy. Victoria Mendez (City Attorney): No. I just needed -- I needed to explain that a workshop -- because it may be different than Tallahassee -- a workshop here, you don't vote. And I wanted to make sure because then you would get frustrated if I didn't tell you, so that was -- Commissioner Diaz de la Portilla: We don't have workshops in Tallahassee; we just vote. Ms. Mendez: Ah, well -- right, so I -- Commissioner Diaz de la Portilla: We just (INAUDIBLE). M. Mendez: -- exactly so -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: We (INAUDIBLE). Ms. Mendez: Right, so I didn't want -- Commissioner Diaz de la Portilla: We don't have that luxury of talking about things too much. Chair Hardemon: They also didn't have -- Ms. Mendez: I didn't want you to get upset. Commissioner Reyes: Deferring. Commissioner Diaz de la Portilla: I never get upset. Chair Hardemon: They also don't have Sunshine in Tallahassee so -- Commissioner Diaz de la Portilla: That's right. We cut the deals before we (INAUDIBLE). Commissioner Reyes: You cut the deal and then you go vote. City ofMiami Page 55 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Portilla: Then we go, and we do the whole show, right, but yeah. By the way, 1 don't know who did that in Tallahassee, why that Sunshine law didn't apply to the legislators. Commissioner Reyes: Because you legislators are the ones that imposed that on us and you didn't want to impose it on yourself I mean, it's very simple. Chair Hardemon: Commissioner Russell. Commissioner Reyes: (INAUDIBLE) they don't have to. Chair Hardemon: Commissioner Russell, I heard you request about the REs. Vice Chair Russell: I'm open to moving the RE agenda, except maybe RE.4 will deserve some attention, so maybe pull that one. But I'm happy to move the rest of the RE agenda. Commissioner Reyes: I have a question on RE.3. Commissioner Diaz de la Portilla: Well, you know it's not going to happen that easy, Commissioner Russell. Chair Hardemon: Yeah. Vice Chair Russell: Got to try. Commissioner Diaz de la Portilla: You got to try. Commissioner Reyes: It's not going to happen. It's going to take some time. Commissioner Diaz de la Portilla: (INAUDIBLE) along the way. (INAUDIBLE) but that's a good conversation that we're going to be having, 1 think. Chair Hardemon: All right. Commissioner Diaz de la Portilla: You'll be pleased with that conversation. At least you will; I don't know about the rest of the Commissioners. Commissioner Reyes: Well, I don't know if he's going to be pleased with what 1 have to say because I'm not going to be in favor of them, but -- Commissioner Diaz de la Portilla: So you want to move it -- move everything? 1 would agree to move everything except that. Commissioner Reyes: RE.3. Commissioner Diaz de la Portilla: Except 3. Commissioner Carollo: Well, I would -- Ms. Mendez: RE. 6 has a change as well. Chair Hardemon: I would like to -- Commissioner Reyes: And iflmay. City ofMiami Page 56 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: 1 would pull (INAUDIBLE) as well because 1 want to discuss RE.6. There's something that's -- something is odd there to me. Commissioner Reyes: Okay, okay, RE.6. And if I may, I know that there's a lot of -- Commissioner Diaz de la Portilla: Yeah, because (UNINTELLIGIBLE). I have a question. RE.6 is that whole vaccine -- Ms. Mendez: The trailer. Commissioner Diaz de la Portilla: -- the whole vaccine issue -- the, you know, City ofMiami vaccine issue. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: I want to discuss that one too. That's a little bit - - that's concerning to me. Commissioner Carollo: Well, I'd like to take RE.2 because while I approve it, I would like to add something to it. Chair Hardemon: See, that's why I was just thinking that -- Commissioner Diaz de la Portilla: So I figured -- Vice Chair Russell: We'll do it after lunch? Commissioner Diaz de la Portilla: -- that, Commissioner Russell, your whole motion just went to the -- Vice Chair Russell: Yeah, we meet after lunch. Commissioner Diaz de la Portilla: Yeah, yeah, yeah. Can we do it after lunch? I think everybody wants to pull something (UNINTELLIGIBLE) -- Commissioner Carollo: Boy, I like that new look. I like that haircut, Russell. Commissioner Reyes: Yeah. Vice Chair Russell: It's not a haircut. I just found a comb. Commissioner Diaz de la Portilla: It was a great attempt though -- Commissioner Carollo: And with the glasses -- Commissioner Diaz de la Portilla: -- a great move on your part. Commissioner Carollo: -- you look like Clark Kent. Commissioner Diaz de la Portilla: I commend you for that. Chair Hardemon: Clark Kent. He looks like Clark Kent, yeah. Commissioner Carollo: Yeah. Put those glasses on. Commissioner Diaz de la Portilla: You get an "A" for effort; you get an "A" for effort on that one. City ofMiami Page 57 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Vice Chair Russell: You guys are my Kryptonite, all right. Chair Hardemon: Listen, that's a much better compliment regarding a haircut than you got last time, so. Commissioner Diaz de la Portilla: Exactly. Commissioner Reyes: Oh, he got offended. He got offended. Oh, my god. Chair Hardemon: Well, okay. So (UNINTELLIGIBLE) going to recess the meeting (INAUDIBLE). Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Time? Chair Hardemon: 3. Commissioner Carollo: How about the CRA? When do we come back for the CRA, 2? Commissioner Diaz de la Portilla: Yes, at 2. We do the CRA first, right? Commissioner Reyes: Yeah. Chair Hardemon: Come back at 3, and we're going to start. Commissioner Diaz de la Portilla: Oh, 3, that's fine. That's fine. Coniniissioner Reyes: We'll start with CRA and we'll just keep on going. Commissioner Carollo: Okay. Vice Chair Russell: Start at 3. Commissioner Carollo: Thank you. Chair Hardemon: All right. Vice Chair Russell: Have a good lunch, gentlemen. Commissioner Diaz de la Portilla: Thank you. Thank you, Chairman. City ofMiami Page 58 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 PH.6 RESOLUTION 7798 MAY BE DEFERRED Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S WRITTEN RECOMMENDATIONS AND FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR ADDITIONAL COMPETITIVE SEALED BIDDING METHODS AND PROCEDURES AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); AMENDING AND SUPPLEMENTING THE PROVISIONS OF RESOLUTION NO. R-19-0207 ADOPTED MAY 23, 2019, ATTACHED AND INCORPORATED AS PART OF COMPOSITE EXHIBIT "A" ("MASTER RESOLUTION"), FOR THE CITY OF MIAMI'S ("CITY") TAX-EXEMPT MASTER VEHICLE LEASE PURCHASE AGREEMENT, ATTACHED AND INCORPORATED AS PART OF COMPOSITE EXHIBIT "A" ("MASTER AGREEMENT"), WITH SANTANDER BANK FOR THE PROVISION OF CAPITAL FINANCING FOR THE ACQUISITION OF POLICE VEHICLES, GENERAL LIGHT FLEET VEHICLES, GENERAL HEAVY FLEET VEHICLES, AND FIRE APPARATUS VEHICLES AND FOR PAYMENT OF THE FINANCING COSTS OF THE SAME IN AN AMOUNT NOT TO EXCEED THIRTY-SIX MILLION DOLLARS ($36,000,000.00), WHICH WAS ORIGINALLY ADVERTISED PURSUANT TO THE REQUEST FOR PROPOSALS ISSUED APRIL 22, 2019 BY THE CITY'S FINANCIAL ADVISOR PUBLIC FINANCIAL MANAGEMENT, INC. ("PFM") WITH THE ORIGINAL SELECTION OF THE PROPOSAL SUBMITTED BY SANTANDER BANK; APPROVING THE CHANGES OF MAXIMUM INTEREST RATE AND INTEREST RATE CALCULATION FORMULA AS DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED, FOR THE SECOND DRAW NOT TO EXCEED SIXTEEN MILLION, THREE HUNDRED EIGHTEEN THOUSAND, EIGHT HUNDRED SEVENTY- SEVEN DOLLARS AND NINETY-EIGHT CENTS ("SECOND DRAW') AND ANY FUTURE DRAWS THEREAFTER UNDER THE MASTER AGREEMENT THROUGH MARCH 30, 2021 FOR THE REMAINING TOTAL AMOUNT UNDER THE MASTER RESOLUTION AND MASTER AGREEMENT NOT TO EXCEED TWENTY-SIX MILLION, SEVEN HUNDRED FORTY-THREE THOUSAND, SEVEN HUNDRED TWENTY- ONE DOLLARS AND FORTY-FOUR CENTS ($26,743,721.44); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SUPPLEMENT AND AMENDMENT TO THE MASTER AGREEMENT FOR SAID CHANGES IN THE MAXIMUM INTEREST RATE AND INTEREST RATE CALCULATION FORMULA FOR THE SECOND DRAW AND ANY FUTURE DRAWS City ofMiami Page 59 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 THEREAFTER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND TAX-EXEMPT LEASE/PURCHASE COUNSEL, AND ANY AND ALL OTHER AMENDMENTS AND DOCUMENTS REQUIRED BY SAID MASTER AGREEMENT PROVIDED THAT THE TERMS ARE CONSISTENT AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND TAX-EXEMPT LEASE/PURCHASE COUNSEL; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE SAID LEASE/PURCHASE ACQUISITIONS OF THE CAPITAL EQUIPMENT TO BE FUNDED BY THE SECOND DRAW AND ANY FUTURE DRAWS UNDER THE MASTER AGREEMENT, AS AMENDED, THROUGH MARCH 30, 2021, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PH.6 was deferred to the October 8, 2020, City Commission Meeting. For minutes referencing Item PH.6, please see "Order of the Day." END OF PUBLIC HEARINGS City ofMiami Page 60 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 RE - RESOLUTIONS RE.1 RESOLUTION 6355 MAY BE WITHDRAWN Planning, Zoning and Appeals Board A RESOLUTION OF THE MIAMI CITY COMMISSION ADDING THE MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD ("PZAB") TO THE CITY OF MIAMI'S ("CITY") GROUP MEDICAL AND DENTAL INSURANCE PROGRAM ("PLAN") DURING THE TERM OF THEIR APPOINTMENTS ON THE PZAB; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO AMEND THE CITY'S PLAN TO ALLOW FOR THE PARTICIPATION OF SAID INDIVIDUALS CONTINGENT UPON PAYMENT BY THESE INDIVIDUALS OF THE SAME PREMIUM CONTRIBUTION PAID BY CITY'S GENERAL EMPLOYEES; ALLOCATING FUNDS AS REQUIRED FROM THE GENERAL FUND, ACCOUNT NO. 50001.301001.523000.000.00000 FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.1, please see "Order of the Day." RE.2 RESOLUTION 7150 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AMENDMENT NO. 2 TO THE INTERGOVERNMENTAL AGENCY AGREEMENT EXECUTED JULY 21, 2015, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY"), WHICH ALLOWS THE CITY TO PERFORM CERTAIN ADDITIONAL TRAFFIC ENGINEERING FUNCTIONS WITHIN LOCAL MUNICIPAL STREETS MAINTAINED BY THE CITY, TO ALLOW THE CITY TO INSTALL SPEED HUMPS, HISTORIC STREET NAME SIGNS, IN - STREET PEDESTRIAN CROSSING SIGNS, AND RAISED INTERSECTIONS EXPEDITIOUSLY WITHOUT PRIOR COUNTY APPROVAL ON SAID STREETS AND FOREGOING THE NEIGHBORHOOD CONCURRENCE / CITY COMMISSION RESOLUTION REQUIREMENT FOR INSTALLATION OF SAID TRAFFIC CALMING FEATURE AS CURRENTLY REQUIRED BY THE COUNTY'S "TRAFFIC FLOW MODIFICATION(S)/STREET CLOSURE PROCEDURE". ENACTMENT NUMBER: R-20-0296 City ofMiami Page 61 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes Chairman Hardemon: Okay. Welcome hack to the September 24, 2020 Miami City Commission meeting. The first item that's on -- left on the agenda would be Item RE.2, the (UNINTELLIGIBLE) petition requirement. Is there anyone that wants to really kind of explain this? Because I have some thoughts and -- you know -- I want to make sure I'm along the right path in terms of my thoughts. So 1 don't know if what -- the City Attorney's Office might can kind of break this one down. Victoria Mendez (City Attorney): It would be Dr. Ihekwaba or the Manager -- Chair Hardemon: Okay. Ms. Mendez: -- on this one. Art Noriega (City Manager): The doctor will be on shortly. Later... Chair Hardemon: Dr. Ihekwaba. I see your name there. I just don't know if you're actually there. Nzeribe Ihekwaba (Chief of Operations/Assistant City Manager): Yes, sir. I'm here. Chair Hardemon: Okay. So we are on Item RE.2. I want you to make it plain for us. RE.2, and then I have -- Commissioner Reyes: Can I co-sponsor RE.2? Chair Hardemon: Of course, you can. Commissioner Reyes: I would like to co-sponsor also RE.2. Chair Hardemon: Dr. Ihekwaba, can you explain exactly what this does in layman's terms, please? Mr. Ihekwaba: So good afternoon, Commissioners. RE.2 is a resolution sponsored by the Vice Chair, and now being co -sponsored by Commissioner Reyes, to amend the City's intergovernmental agreement with the County by asking the City Manager to negotiate such an amendment to include the County foregoing the neighborhood concurrence requirements before you install any traffic -calming devices, and also, in the alternative, to also forego the resolution from City Commission that may be needed in the event that we are unable to get the concurrency option. So back in 20 - - I believe 2015, the City had signed off on an agreement with the County to allow the City to install traffic -calming devices, such as traffic circles, speed humps, as well as historic street signs and the (UNINTELLIGIBLE) street pedestrian crossing signs on City -maintained roadways only. And later on, we had an amendment, first amendment to also include raised intersections and reduced clearance distances from a County road. The County had initially asked that the City would not be allowed to do any of the installations in any location that is less than 700 feet from a County road. Amendment Number 1 reduced that distance to 250 feet. So this is another amendment requesting that the County concede that we no longer need to City ofMiami Page 62 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 rely on neighborhood concurrence and to allow the City do the installations based solely on technical and engineering requirements, because what we had in the past was that neighborhood concurrence was trumping the engineering of such needs. Engineering evaluation and studies and design may have stipulated or confirmed that we need a traffic circle as a traffic -calming device, and certain residents will object to it, and the objection will not be the primary requirements. So we want to make it more professional and more robust in terms of technical criteria. Chair Hardemon: Mr. Vice Chair. Vice Chair Russell: Thank you, Mr. Chairman. Zery, you said it very well. In my opinion, life -safety issues are not a popularity contest. I want us and our engineering and our experts to tell us where the speed humps and the traffic circles should go, and I don't want one other neighbor who is holding out, because he doesn't want a traffic circle, for whatever reason, to be able to stop the entire process, and then more accidents happen. So what I was looking for -- and this is -- this comes from many months ago -- is to be able to do at least what Coral Gables does, and they have quite a good relationship with the County on this, where they have predesigned what their traffic -calming devices look like so that they don't need to go to the County for every single one every single time and start from scratch. And so, my hope isn't necessarily to predesign every potential corner in the City, but to predesign a menu of traffic -calming devices that would be approved by the County in advance, that we could then trigger and use when needed when we, as a department and we, as a Commission, believe they should be installed. It's taken way too long to get approval for and implementation of traffic -calming devices in our smaller neighborhoods. Waze has everyone cutting through and it's become a raceway, and it's dangerous for our residents and our dogs. So I'm just looking for a little more freedom to allow the Manager to negotiate to our benefit. Chair Hardemon: Commissioner Reyes and then -- Commissioner Reyes: Yes. 1 agree with you, Commissioner Russell. And this has been a hassle when -- every time that we want one of those traffic -calming devices. I have -- on the waiting list, I have petitions that I've taken, I mean, for the past two years, and we haven't been able to install any one. And right now, I have requested installation in 19 traffic -calming devices, and, I mean, I haven't been able to install the first one, because of -- mostly because of all that concurrency and all their -- if all the petitions are in line and all of that. And they are needed, and as you very well expressed, they are neighborhoods that they have in front of their houses, the people through -- it's not only that they use the road, it is that they speed in the roads. I mean, it is like if you were in Daytona 400 -- 500, I mean. And this one who is going to expedite the installation of those traffic -calming devices that so many of our residents have been requesting it, and we haven't been able to install. I really congratulate you for this. Vice Chair Russell: Well, it's the first step, because the County doesn't necessarily have to agree, so I'll be working with the Manager on whatever flexibility if there's a counteroffer, because I'm open to the part where it still has to come to Commission, so there's a public hearing. So let's say that one neighbor -- you know -- doesn't like it. He can still come and have an audience, but we still make a vote and decide in a public forum. I'm open to that. But right now, the way it's drafted is all in our favor to move as quickly as possible. Commissioner Reyes: Absolutely. Commissioner Carollo: Chairman? City ofMiami Page 63 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Portilla: Mr. Chairman? Chair Hardemon: You're recognized. I'm sorry, I'm sorry. Its going to be the Senator and then Commissioner Carollo. Commissioner Diaz de la Portilla: Okay. You were distracted with that door back there. I don't know what's going on. Chair Hardemon: Yeah, you saw that. Commissioner Diaz de la Portilla: Yeah, 1 saw that. What's going on back there? So, number one, who is that one neighbor that you're talking about? Any situation that we should be aware of that -- the reason why this comes before us today? Mr. Ihekwaba: So I don't think there's any specifics -- Commissioner Diaz de la Portilla: I'm asking Commissioner Russell -- I'm sorry, Zery. I'm asking Commissioner Russell. He mentioned that just because one individual doesn't want something to happen -- I wonder if the impetus is something like that; like, what's the reason why it's coming before us? Vice Chair Russell: It literally took me four years to put in a single roundabout, because we need the agreement of all four corners, all -- and one was a holdout -- Commissioner Diaz de la Portilla: Okay, okay, so -- okay. Vice Chair Russell: That kind of thing. Commissioner Diaz de la Portilla: So was somebody, blocking it or --? Vice Chair Russell: Same thing with speed humps. We've had cases where the whole neighborhood wants a speed bump, hut we can't get the number we need of people to vote for it, and I don't think this is a voting kind of thing; this is safety. Commissioner Diaz de la Portilla: Okay. And then how does it impact a neighborhood that's obviously your neighborhood, Commissioner Reyes, your district with Silver Bluff but an area that 1 grew up in? Commissioner Reyes: Yes. You know about this. Commissioner Diaz de la Portilla: This impact of that whole cut -through traffic issue that we have going on there with Silver Bluff and 22nd Avenue and all that. Vice Chair Russell: We wouldn't be able to do road closures with this, but we could do -- I'm sorry. This was to Reyes, and I apologize. Commissioner Reyes: Yes. And -- thank you, Vice Chairman. It will not -- because one thing that is true, we will not completely, completely eliminate it, eliminate cut - through traffic, but what we're going to do is, by placing those speed humps or roundabouts or raising the intersections, the speed will be diminished, and it will be safer. And some of them -- I mean, you know, people cut through because they think that they can save a couple of minutes. Commissioner Diaz de la Portilla: They get there faster, of course. Commissioner Reyes: That they go there faster. Now, when we are slowing them down and we show them that instead of gaining five minutes, they're going to lose City ofMiami Page 64 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 10, because they're going to have to go at a very slow speed, and also reducing the speed within -- inside of the neighborhood, and police enforcing it, maybe we can really help cut -through traffic and keep our neighbors safe, you see. And if some of them, they are very preoccupied because they have children. Some of my neighbors in Silver Bluff, they cannot get out in the morning and get out of their driveways, because people are don't respect anything, and they're just speeding through there like there's no tomorrow. And I think this will benefit. And I have a bunch of requests, not only in Silver Bluff but even in Flagami, also, and Shenandoah and other areas; Auburndale, for example, which is -- I mean, a neighborhood next you. We have that problem, too, you see. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: And I -- it's going to help. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Okay? Commissioner Carollo: Chairman? Chair Hardemon: You're recognized, Commissioner Carollo. Commissioner Carollo: I'd like to make a floor amendment to this that would include partial street closures in City of Miami streets. Commissioner Reyes: Fine with me. Commissioner Diaz de la Portilla: I would second that. Commissioner Reyes: And I accept it as a co-sponsor, and I think -- Commissioner Russell, do you accept that amendment? Vice Chair Russell: I believe that's illegal on this one. Of course, I'm in favor of that, as well. Commissioner Reyes: That's it. Vice Chair Russell: 1 don't know if we have that ability within the amendments, within the existing agreement with the County, so maybe Victoria or Zery can help. Commissioner Reyes: 1 think that we tried to close some streets and we haven't been able because -- due to the fact that the County is not --1 got my grandson here. Commissioner Diaz de la Portilla: I'm looking at him. He's beautiful. Commissioner Reyes: You see all those guys over there? Those are our friends. Commissioner Diaz de la Portilla: What's his name? Commissioner Reyes: Daniel. Commissioner Diaz de la Portilla: Daniel, hi, papo. Commissioner Reyes: This is Danny. Say, "Hi, guys." The Commission (Collectively): Hi. City ofMiami Page 65 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Reyes: But the County is the one that controls our roads, and they are very adamant about allowing a street closure. If we can get to at least accept -- or agree to a street closure, I mean, I'd be more than happy, and there's going to be (UNINTELLIGIBLE). Vice Chair Russell: It's the start of a negotiation, so 1'll accept the amendment. Commissioner Reyes: It is starting, that's right. I mean, that's what we need. We need to start some place, okay? Chair Hardemon: To be clear, the partial street closures are basically like when you -- for instance, on the east side, where we have lots of -- in my district, you have the streets that are closed, like Biscayne Boulevard, and it gives them the neighborhood feel. Is that what we're describing? Mr. Ihekwaba: So if I may comment., I think what I understand for 'partial closure" to mean is simply to restrict vehicular access. Because based on ADA (Americans with Disabilities Act) requirements, you couldn't prevent or restrict the pedestrians from using a public street. Chair Hardemon: Okay. Yes, that's what I'm thinking about. Commissioner Carollo: The biggest problem that I have with this that I'm in favor of is, why does the County have the right to tell us what we can or not do in our own streets? Commissioner Reyes: Yeah, we (UNINTELLIGIBLE) them. Ms. Mendez: Commissioner, basically, the County has all jurisdiction over traffic and traffic control devices, so that is why, .starting -- this started with Commissioner -- then -Commissioner Suarez. We got certain little permissions through this agreement, and now with this agreement, we're trying to add a few more things, and it's a negotiation start point to be able to facilitate a few more of these types of traffic -calming devices. Commissioner Carollo: Well, look at the way Coral Gables has done it, because the one that brought it to my attention was Mayor Gimenez in one of our last conversations some time ago where he's the one that pointed out to me that Coral Gables had closed many of their streets so that that could be a possibility that we should look at. And they didn't have any permits from the County, any green light from the County in doing it. In fact, one example that was brought up last year sometime when we discussed this -- and the Mayor was the one that talked about this, our Mayor -- was Coral Gate. All those streets are closed in Coral Gate. We didn't get any permission from the County, either. So we have some areas of our cities that are truly suffering, because, in some cases, the State or the County, actions that they've taken. And now, if we have to go through all this to close a few streets that would make life a lot easier for residents, it's kind of crazy. But what can we do, Madam City Attorney, in going about and changing the law? Is it through the State? Is it through our County referendum? How can we go about it? Ms. Mendez: They-- the County has preempted us in the area of traffic and traffic control devices, so we would have to -- Commissioner Carollo: I'm not talking about devices. I'm talking about making decisions on the areas that we discuss here today. City ofMiami Page 66 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Ms. Mendez: Well, the way that this agreement is based on is that we are going to negotiate with the County, so this is a starting point. We can add your amendment about certain street closures and maybe you can get -- depending on what types of street closures or how you're doing it, if they're collapsible, if you could still access it. There's a whole -- based on their green book, there's many different devices on how to do street closures. Maybe we could get certain ones approved, and that's what this agreement is doing. And with your amendment, we can also work on your amendment and add to that. Commissioner Carollo: I appreciate that, and I understand that, but my direct question is, what is the process that we would have to follow if they refuse to cooperate with us in being able to, through a referendum or whatever means, in changing this? I don't know if it's the State that would have to do it or if fwe can do it through a County referendum. Ms. Mendez: I believe it -- at this point, it's in the County's Charter, but we'll do the research for you and get back to you. Commissioner Carollo: Okay. If you would -- you know -- do that I would greatly appreciate it, and I think all of our colleagues would, so they could understand -- Commissioner Reyes: Oh, absolutely. Commissioner Carollo: -- what we need to do, because Chairman Hardemon is the President of the Miami -Dade County League of Cities, and I think the majority, if not all of the cities would be in favor of that. And there are more people living in the cities than in Unincorporated Dade County. Commissioner Reyes: Mm-hmm. Commissioner Carollo: All right. Commissioner Reyes: There is a motion and a second, right? Commissioner Carollo: With the amendment. Commissioner Reyes: With the amendment, yes. Commissioner Diaz de la Portilla: Okay. Can you repeat it a second? I'm sorry, 1 had to take a phone call. Can you repeat the motion? Commissioner Carollo: Yeah. Ms. Mendez: The amendment is to add street closures -- Commissioner Diaz de la Portilla: Okay. We're talking about -- okay. Ms. Mendez: -- to be -- mm-hmm. Commissioner Diaz de la Portilla: Yeah, that's fine. Okay. Yes. Okay; the same thing we were doing before. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: I'm sorry. I had to take a phone call. People are very agitated today. They're calling and I don't know what's going on. But okay. I City ofMiami Page 67 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 think the budget hearings; these things happen during budget hearings, I guess, you know. Commissioner Reyes: Yeah. Welcome to the City ofMiami. Commissioner Diaz de la Portilla: Welcome to the big City, right? Commissioner Reyes: Welcome to the big City. You don't get those calls when you are in Tallahassee. Commissioner Diaz de la Portilla: No, no, no. Chair Hardemon: So I have a few questions and just some things I need to express. I've been in some areas where there have been requests for certain traffic -calming devices, for instance, that are not approved by the block. I'll give you an example. You have one two-way street in a neighborhood. Some neighbors want to make it a one-way street, right? Now, of course, with two -ways streets, many of them don't have -- part of the reason that they want to make it one way is because there's' not swale parking, so you have houses, sidewalks, street; enough for two vehicles to travel both ways. And what happens with that is that cars that are on one side of the street, people that live on one side of the street, they park there on that swale, but in the road. And then cars from the other side of the street park on the other side. And so, we've been in these neighborhoods where you have to drive through the middle slowly in order for you to pass through. So the idea is, okay, we make this a one-way street. And when you make it a one-way street, now somebody has to choose which side of the street the cars will be parked on, and that's a big deal in the neighborhood. "Do all the cars park on my' side and block my, home?" When I say, "your home," meaning like the view of your home and your yard, and things like that. "Or do they park on my neighbor's side, and my home is free and clear of all traffic?" And so, a lot of -- like things like that become a sticking point, I think, for some of these neighborhoods, and they say, "No, no, no; we don't want one-way traffic. We'll just stick with what we have. Everybody suffers, and it's fair." In the situation -- so if we were to change things, that would mean that we would be making those decisions. You would be making those decisions, because I'll be gone, but you would be making those decisions. And when it comes to you making a local decision about your traffic and how you manage your traffic versus the County, I'm with you on that. I -- you know, when we get to -- when I get to the County, I'll make sure that this is an issue that we bring up to see what we can do with the new County Commissioners by giving our local cities the opportunity to make decisions in their communities about how to make their neighborhood safer. And so -- but with that being said, Zery, you remember, in part of my neighborhood, we have a raceway, where you go from -- say, for instance, 7th Avenue, which is a major highway, where you can drive westward in the neighborhood streets almost all the way to Hialeah, it seems -- right? -- and that's what happens. You have high-speed chases. People leave off of the main highway, and they fly right through the neighborhood. I watch County undercover police cars. They're some of the most flagrant of this, driving at high rates of speed in these undercover cars through the neighborhood. And so, what we were thinking about doing at the time, Zery -- and this is where we -- you know, we had the same reason. We would either go to the County, and we were worried whether or not the County would give us the approval. We were going to take major -- if this is the entirety of a neighborhood, spanning -- you know -- almost 30 streets this way and 30 avenues that way -- we were going to break it into quadrants. So then to make -- where you could travel up the main artery here, you could travel here, and then these would be almost treated as distinct little neighborhoods, which would give you more of a neighborhood feel. You get to know your neighbors better. You don't have random cars just trying to avoid traffic to get through you, because they would have to stay along the main arteries of the -- you City ofMiami Page 68 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 know, the workings of those neighborhoods. So that was one of the things we wanted to do. And now, I'm even at the point where I'm starting to believe that in all of our residential streets, we need speed humps or tables. I'm starting to believe that any time you turn down a residential street, you should be going slower. We know that the law is that you go slower, because I think our speed limit now is -- what? -- 30 -- Commissioner Diaz de la Portilla: Yeah. Chair Hardemon: -- 25 miles an hour, but people don't follow that, right? And so, how do we slow down traffic uniformly throughout the entirety of the City of Miami so that people who live on those streets, even if f they have -- even if people want to cut through, they at least have to follow the speed limit. And the ways that we can kind of go about that is through the traffic -calming devices. Now, I know that is a huge capital expense, but at least in my district, Zery, what I would like for you to do is to cost it out for me. So what would it cost to put speed humps at the professional distance that you all recommend on each of our streets in the residential neighborhoods to slow down people in the neighborhoods? Because I think that we have to do something, and I think this goes hand in hand. If, in the City of Miami, for instance, if you're able to get control over the streets to put traffic -calming devices, now you can implement a plan like this, and it wouldn't be something that is very difficult to take care of because in the City, you have the political will to get it done. And so, for that reason, I'm supportive of this, but I want to make sure that, you know, we're able to actually take a look at this thing from a citywide perspective and really start to make the City of Miami not a cut -through town, but a true neighborhood that has destinations that people need to come to, but also respect. Mr. Ihekwaba: So, well, the advice is well taken, and the direction, and we'll look into a citywide traffic engineering evaluation, and I think the passage of this resolution as well as the County's concurrence, if it happens, would be a big, big impetus to us as accomplishing what you've just described. And also, to keep in mind -- I just want to remind the Commissioner that a few years ago, this City Commission passed an ordinance -- and the County concurred -- mandating the lowering the speed limit citywide. Commissioner Diaz de la Portilla: Yes. Mr. Ihekwaba: And so, today, the speed limit has been lowered to 25 miles per hour. And we have a contract in place that should be rolling out in the next few weeks -- or I think we already started pilot installations, so (UNINTELLIGIBLE) the City, especially in District 4 and District 2. So it's going to be citywide, lowering all the speed limits of the City so that -- I think that needs to be commensurate fitll of enforcements by law enforcement, and why we also go into the second phase. And the second phase would be engineering evaluation for potentially having the speed traffic -calming devices on local City streets. Chair Hardemon: Okay. Is there any other discussion about the item? Commissioner Carollo: Only one: That I want to make sure you're 100 percent okay with it, because we're going to need your vote when you go to the County to help us out. Chair Hardemon: Look, I like this idea, because look, I have areas that I get heat up about, because they're saying that we haven't implemented the speed hump, or whatever it may be. But we frilly funded it. We're going through the process, everything we need to take care of to make sure it's there. We've got all the approvals on our side, and we're being held up by the County. So we know that there are these quality of life improvements, life -safety enhancements that are City ofMiami Page 69 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 needed for our communities, but we're being held up by a government that really, 1 would think, is overreaching in these matters, because they don't -- they're not the ones that are people using these streets. So from the perspective that 1 have right now, I'm a big proponent of partnerships with the cities. And unfortunately, for me, in the City of Miami, we don't have -- I don't have great partners in my County Commission. But you know, I look forward to the day when the City and the County, especially in my district, have an opportunity to have good partnerships to be able to bring about effective change. And if we're going to be representing the same people, we at least should be trying to make the people's lives that we all represent better, and 1 think we have to do that together. So even if the County wants to maintain its streets and do what they will with their streets, I think this -- you know, it's a good thing, and the City should be allowed to do the same thing, as well, because at the end of the day, if you make -- if the City does too much, then the community is going to be upset with what the City did, because the County Commission will say, "Look, I didn't implement this; the City Commissioners did." And, you know, let the chips fall where they may. And if anything bad happens, I'm going to send them to Joe Carollo's office. Commissioner Carollo: Commissioner Diaz de la Portilla, while you were out -- Commissioner Diaz de la Portilla: I was listening. I was listening. Commissioner Carollo: -- you need an update on what happened? We made a vote. We got a new Chairman for the CRA (Community Redevelopment Agency). Commissioner Diaz de la Portilla: Oh, my god. Is it Commissioner Reyes? I was listening. I went dark, but I was listening. Commissioner Reyes: You know, Commissioner, he's looking for an additional $2 million, you know. Commissioner Diaz de la Portilla: 1 heard -- 1 did hear Commissioner Hardemon talk about how he's going to be very sensitive to all the City issues once he becomes a County Commissioner, and I'm going to hold you to that commitment, Mr. Chairman. When you become a County Commissioner I need you to be a -- remain a City of Miami Commissioner -- your true home. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Does that work? Chair Hardemon: 1 plan on being there, 1 really do. 1 mean, 1 want our governments to work well for all of us. Commissioner Diaz de la Portilla: So we can have a partner finally in that district which overlaps with mine, as you know. Chair Hardemon: I know. Commissioner Diaz de la Portilla: We can have a real partner there at the County level. It's very important for us. Commissioner Reyes: It is. Chair Hardemon: Absolutely. So if there are no further questions or anything on RE.2 -- City of Miami Page 70 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Fonda- Is there really a new Chairman, or was that a joke? No, Pm kidding. Chair Hardemon: No, no. Commissioner Diaz de la Portilla: I was a bit nervous there because I knew I stepped out a minute ago, and I said, "Wait a minute." Commissioner Reyes: Yeah. I have enough, butt don't know -- Commissioner Diaz de la Portilla: You never know. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: You look the other way and they take something away from you. Commissioner Reyes: Absolutely. Commissioner Carollo: And Russell promised that if he became Chairman, he'd give me the other 6 million right away. Commissioner Reyes: You see? I told you. I told you. Chair Hardemon: All right. So seeing no further discussion, on RE.2, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Todd B. Hannon (City Clerk): As amended? Chair Hardemon: As amended, yes. RE.3 RESOLUTION 7871 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE CITY OF MIAMI'S MOTORIZED SCOOTER PILOT PROGRAM ("PILOT PROGRAM") UNTIL THE EXECUTION AND ROLLOUT OF THE PERMANENT MOTORIZED SCOOTER PROGRAM OR UNTIL THE END OF THE PILOT PROGRAM PERIOD ESTABLISHED BY SECTION 2-33(C)(9) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WHICHEVER IS SOONER, SUBJECT TO THE ISSUANCE OF AN EMERGENCY ORDER BY THE MAYOR OF MIAMI-DADE COUNTY MODIFYING OR REPEALING MIAMI-DADE COUNTY EMERGENCY ORDER NO. 05-20 TO ALLOW THE PILOT PROGRAM TO RESUME; FURTHER PROVIDING FOR PAYMENT OF REQUIRED EXTENSION FEES BY PILOT PROGRAM OPERATORS PURSUANT TO SECTION 8-11(D) OF THE CITY CODE AT SUCH TIME. ENACTMENT NUMBER: R-20-0297 City ofMiami Page 71 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla NAYS: Carollo, Reyes Note for the Record: For directive referencing Item RE.3, Please see Item NA.5. For additional minutes referencing Item RE.3, please see "Public Comments for All Item(s). " Chair Hardemon: RE.3. I want to -- for the record, the pocket item that Commissioner Carollo announced into the record regarding the Police Chief is identified as Pocket Item Number 2 for the record. Commissioner Carollo: Okay. Vice Chair Russell: Mr. Chairman, RE.3. Commissioner Carollo: Which is Number 1 if I may ask? Chair Hardemon: The Mayor had an item about anti-Semitism. Commissioner Carollo: About what? Chair Hardemon: Anti-Semitism. Commissioner Carollo: Okay. Vice Chair Russell: Mr. Chair? Chair Hardemon: Yeah, you're recognized, sir. Vice Chair Russell: Thank you. RE.3 is a resolution extending the Scooters Pilot Program until an RFP (Request for Proposals) is issued and awarded. As some of you may or may not know, within the RFP, we're reducing the fleet size, because there's been so many out on the street. We gave them an ability to grow and compete against each other, and those fleets that started out with 50 scooters per company has now turned into about 700 per company, and with the number of companies that are out there, there's about 4,000 scooters that were on the road when the pilot program ended. So one of the fixes -- Commissioner Carollo: I believe it. Vice Chair Russell: -- we believe for the long-term RFP is to reduce that down to a total cap of 2,500 scooters, with four companies participating. I'd like this extension to reflect as close as possible to that by resetting the fleets of all the companies, capping it at 2,500, but spreading it evenly amongst all the companies that now apply with the extension. That's the only amendment I'd ask if -- and I'd like to check with the City Attorney to make sure we can do that within this reso. I know as we go forward, if we'd like to expand boundaries and change things, that'll be done by ordinance, but 1 hope fbr your support today in at least getting the program back on the road so funding can flow and people can get around. Chair Hardemon: Commissioner Reyes. City ofMiami Page 72 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Reyes: Yes. 1 have a question about this. Commissioner Russell, what you are asking is for an extension of the pilot program to make for the month that it has not been in place -- I mean, that has been shut down? Vice Chair Russell: It's making up for those lost months, but we're trying to extend it all the way through to whenever the award is granted, so we don't have a disruption of service again. Commissioner Reyes: But that is not -- well, if it is -- 1 mean, if it passes and it is granted, and if we go -- I mean citywide. You know the way I feel about it. 1 don't want to see them in my district. I know that it is an accident waiting to happen, and it is a mess. I heard before from you, I heard a lot of promises; that they were going to have a corral; that they were going to be picking them up; that no underage person was going to be riding them; that -- I mean that they're not going to be so -- riding in the sidewalks, just like at full speed. I heard all of that and nothing happened, and it is almost impossible to control. That's what I've witnessed. It's impossible to control. You have underage people -- kids -- I mean, riding them and going in the streets, going in sidewalks, and you have people that have been hit by those scooters. We have people that have fallen, and they have been hurt, and they were all over the place; particularly in Brickell Ave. I mean, I remember seeing them, I mean, laying -- obstructing the sidewalks on Brickell Avenue. There was nobody -- even though they had painted on the floor a square, and it said, "This is the corral," you see? They were not there, because people will not -- there is no consequences for anybody that rents one of these scooters to bring it to where they have to bring it, you see. There's no consequences and there is no supervision, whatsoever. And they were leave -- I mean, they were littering the whole -- on the sidewalks. And, I mean, I, in a clear conscience, I stick -- I still have my opinion about it. I don't want to be having on my conscience an accident that could cause people's life. I mean that happened in Broward and other areas. And all those -- even if you cut the fleet, all those promises that were made, none of them were kept; none, none. I mean, even at City Hall, and if you just come out of City Hall and you look -- I mean, there were scooters coming around City Hall, because it's a nice place to corral. There were 13, 14-year-old kids riding them, and who was enforcing those -- I mean, those promises that you made when you asked for us to vote for it? And another thing: There are -- now that I want to ask is and I want to make sure that the revenues from this, if it is voted by my fellow Commissioners, that those revenues should go to the general fund, should go, and particularly at this time should go to the general fund, you see? And 1 mean, I am very concerned. 1 mean, I'm willing to say, "Okay, we have a pilot program, and that pilot program was interrupted, and it was interrupted fbr fbur months or six months, whatever; eight months," you see? It's interrupted. Okay. Let's extend that pilot program by those months and then you will come back and ask for an extension or you will have an RFP, you see, because the pilot program has not been finalized yet, and the full extent of what the consequences of this -- I mean, having all these scooters in our streets from certain streets hasn't been measured yet, you see? I mean, for what? Now you are saying that you are limiting the amount of scooters. Okay, fine. Let's see how it works with less scooters and see if there is less litter. Let's just -- and when it ends, when the additional months ends, then we'll talk about it again, but not like this. I mean, I don't think it's right. Vice Chair Russell: Thank you, Commissioner. Mr. Chairman, through the Chair? Chair Hardemon: Yes. You're recognized. Vice Chair Russell: Commissioner, I fully respect your opinion and position on this. You know, it's a pilot program for something we've never done before, and it City ofMiami Page 73 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 certainly was a risk to take this on. I'm very proud to have created a program that has generated a million dollars Jrothe City. That's not something that happens every, day, and 1 know all of us work on things to try to find revenues, and this was something that I really concentrated on and tried to plan to make it perfect. Of course, the rollout has not been perfect. Thank god, it has not been fatal. But, yes, there has been clutter; and, yes, people are riding that should not be riding them. We did address this. We changed -- we made an amendment that increased the penalties for underage riding, and we put it on the scooter companies to find ways to identify. And as the RFP, which is already going out and being worked on, once that comes back to us, we are scoring that in a way that we will award to the people who have the best concept for eliminating underage riding, for eliminating clutter on the sidewalks. The corrals were created as an incentive, not as a mandatory, because these aren't meant to be docked. You're meant to have the freedom to stop and go where you need to get to. But we try to incentivize them financially. It is our hope that you get extra credit or money or discount if you go to that corral an extra hundred feet, and then walk. So all the intentions are in place to make this the program it should be. But I agree with you; it's not there yet, and that's what a pilot program is all about, and part of that is weeding out the companies who -- you know -- may not be hying as hard to do the right thing and ones who don't have as good of equipment, et cetera, and that's what we believe the RFP will find out. We're really only limiting this to six months, and the idea is just to continue the revenue and the ability to give this to our residents in the interim leading up to the RFP. And so, that RFP will come back to us for a vote for the permanent version with only four companies and a reduced fleet, and much stricter rules and systems of how they do exactly what you're concerned about. But I do hope that a majority of us here are open to at least extending the pilot and seeing it to that award. Commissioner Reyes: I -- Through the Chair. I stated that in all fairness, in all fairness, you see; although I voted against the pilot program and against the program. In all fairness, we had a pilot program that was interrupted due to the pandemic. And in all fairness, it should be extended of those months that were lost, which should allow you to -- I mean, the pilot program to continue for those months, you see. That's what I -- and in all fairness -- I like to be fair, you see, and I think it's unfair saying, "Okay, the time expired. Now we are" -- "we have to vote on it," or "we have to bring an RFP." No. I still -- it'll is a pilot program, it is at the testing stage, you see? At a testing stage. Let's do it. I mean, I'm willing to vote. I don't know if I have anybody that would support my position, but I'm willing to vote on extending it for those months lost and then -- and see how it works and -- because that would give us a better picture instead of already going into an RFP and granting a contract, something that we definitely don't know how it's going to work, okay? Commissioner Carollo: Chairman? Chair Hardemon: You're recognized, sir. Commissioner Carollo: I -- let me try to be as politically correct as I can. Number one, if we weren't able to really know how many scooters they put out during this trial period, and you just told me we had maybe 7,000 out there, which I believe, because, I mean, what I was seeing was crazy, especially in front of Bayfront Park. Commissioner Reyes: Oh, yes. Commissioner Carollo: That looked worse than a used car lot, those scooters. But how are we going to be able to ascertain that if we approve something for 600 for each company, they're not going to put in 1,600 instead? You know, it's the same as now. Furthermore, Commissioner Reyes brought up a lot of items that I agree with, City ofMiami Page 74 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 but there's one that's been forgotten. We do have evidence -- except it's been kind of quiet -- of car accidents with scooters. 1, myself, saw one by pure coincidence inside the Police Department where in Wynwood, a vehicle hit someone riding a scooter in the street. It looked nasty. I don't know what happened. I didn't ask. But there's at least one car accident that we've had between a scooter and a car, and I think we all know who ends up in the losing end any time you have that kind of accident. I don't know if there are more; there might be. I haven't changed my opinion from before. If we want to extend this for a few more months in a trial period and a majority would like to do it, that's fine. I'm not going to change my vote at the end of it. As I stated before, I am not going to have this in my conscience the day someone gets killed or hurt really, really badly. And this is not personal in any way. This is just the way I feel. I don't care how much money this might bring even during these times. Lives are more important than money. Commissioner Reyes: Mm-hmm. Mr. Chair, and I'm just going to give you an example. Commissioner Carollo, you're right. There is -- there have been -- if you go to Coral Gables Hospital, there have been numerous people -- because Coral Gables has the scooters -- that they have gone to Coral Gables Hospital because they have had accidents. As a matter of fact, everybody knows (UNINTELLIGIBLE) in the Fire Department. His brother broke an arm, and when he got to the emergency room, they -- the doctor said, "Don't tell me you were riding one of those scooters, "you see? And, I mean, I agree with you. I won't have it on my conscience, because if I vote in favor of this and somebody -- be it an old person or a young person loses his life -- I mean, I cannot -- I wouldn't be able to look at myself in the mirror. And besides that, I have got to bring something also, you see. In my district -- not only in your district, too -- in most of the districts, we have very narrow sidewalks. And can you imagine if an old person comes out of their home or they are in the middle of the sidewalk and a scooter rider at 15 miles per hour, and that person weighs around 180, 200 pounds hits them will kill them. You see, if -- I mean, they go faster than a defensive back that runs, and a defensive back, many a times, they have run into receivers, even with all the protections, and they have been maimed for life. They have been --1 mean, become quadriplegic. I mean, I don't see this. Or a lady that is strolling the baby in a sidewalk, I mean, it's -- our sidewalks are very narrow. Commissioner Carollo: Well, I'll just say this: We're going against a national -- worldwide trend. Commissioner Reyes: Absolutely. Commissioner Carollo: Look at all the major cities in the US and other parts of the world that started with scooter programs and have cancelled them. Commissioner Reyes: Paris. Commissioner Carollo: That should tell you something. Chair Hardemon: Tell us how you guys really feel. Anything else? Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Mr. Chair? Chair Hardemon: You're recognized. Commissioner Diaz de la Portilla: Thank you. So I can understand and I can grasp the last mile option that Commissioner Russell's championed for a long time. I get that it served parts of our City -- that's what I think I get -- that it served parts of our City, ofMiami Page 75 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 City that's -- it's important; downtown, and maybe the Health District and my district. I have the sane safety concerns. So 1 know the RFP, having been made very clear to our Manager from my, perspective. 1 have to make sure that those safety concerns are addressed. I think they should be paying us more money, again, always looking at revenue generators down the line with the RFP and everything else. I'm not sure that we should limit the number of scooters to be honest with you. I mean, if it works, it works; if it doesn't, it doesn't. And some of the irresponsible players that we have and that we've seen, some of the irresponsible actors, maybe we should take a second look at them, make certain requirements. But the idea that through a reso we can extend this program for six months, it works for me. I don't know -- and this is a question of our City Attorney -- if we can expand the program to take the Health District into account through reso -- through a resolution. I would like to do that. I also would like to talk about the revenue share. I think it's about 990 that's left over. It's about 80 that's been spent already. I know it all goes to District 2. But if we expand it to the Health District, which is in District 1, City Commission District 1, that 1 would like part of that revenue share. I can be fair and say that, hey, it was already done in District 2, and the 990 should stay in District 2, that's okay. I wouldn't like it to go to a bike lane, because I think that we should have our right priorities, our priorities in place and in the right -- you know -- list of where we should go first. So I would like something like sidewalk repair and other things that are included in the ordinance. I don't know what we can do legally with reso versus -- resolution versus ordinance; maybe the City Attorney can clam that Pr me. But I wouldn't mind amending this if we can -- I don't know if we can -- to include part of the Health District or the entire Health District if we can from 7th Avenue to 17th Avenue, maybe and from 7th Street to 20th Street Northwest and kind of -- because I think it makes sense there and I think it makes sense in downtown Miami as a last mile option -- right? -- where people want to get from -- you know -- get off here and they want to go another 10 -- you know -- two blocks or three blocks and they use that. I think it works in the healthcare -- you know -- in the Health District, too. And so, if we can do it, I would love to be able to do it and I could vote for it, but it would have to include part of my district, too, if we can. And the six months, you know, it's okay. An RFP should he out by then; maybe four months, 1 don't know, but we could talk about it. But let me get an answer from our City Attorney, Mr. Chair, as to what we can do, what the limitations are from my perspective. Barnaby Min (Deputy City Attorney): So currently, Chapter 8 of the City Code does limit it to just District 2, and Chapter 8 also indicates that the fees that come from the scooter program shall remain in that area, District 2. So in order to expand it to the Civic Center or any other area, both the program as well as the fees would require a Code amendment. It could not be done by a resolution. Commissioner Diaz de la Portilla: It would require an ordinance? Mr. Min: Yes, sir. Commissioner Diaz de la Portilla: So I had a conversation with our Mayor earlier today about this issue and about many other issues that we've been talking about as we move forward on our agenda here for the City, and I was under the impression that we could actually include it in this. But if we can't, then I'm going to vote for helping Commissioner Russell, because I know it's something that's important to him, and we need to work together to move things that are important to each Commissioner. I would like for him to commit to a few things along the way, including a future ordinance to -- you know -- expand it to the Health District; including a revenue share for District 1, and including a commitment to do sidewalks and not bike lanes because I don't think that in this time -- you know, and then we're going to have a conversation about the Underline a little bit later on City ofMiami Page 76 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 today. But before we have that conversation, bike lanes, the Underline, these are things that are important in a long -- for a big city like ours to have. But we've got to talk about priorities. So 1 would like a commitment from you, Commissioner Russell, that you're going to prioritize sidewalks or hike lanes. I understand the County is still moving forward with the whole Northwest North Miami Avenue corridor or whatever anyway, and I wouldn't want to give the County money, our dollars -- our limited dollars to the County when they didn't give us when they should have given -- be giving us money -- giving them money to complete a bike lane in any district when we need to repair sidewalks, when our restaurants are (UNINTELLIGIBLE) this COVID-19 crisis is going to last, and the additional space that we need for outdoor seating for our restaurants. That, to me, is a priority -- right? -- over a bike lane. So that's where I am. And then as we move forward and -- I would be willing to accept an expansion of your scooter program that you championed into the Health District; maybe some other areas. I know you can't go down Northwest 20th Street and 37th Avenue, because -- you know -- somebody's going to get run over. But in the Health District, I get it. In certain parts of my district, I get it. But that revenue share is important. That expansion and future ordinance is important. The RFP, I wouldn't want to limit it. I understand why the limitation on the number of scooters. If it works, it works. So that's where I'm at. Commissioner Carollo: Well, let me then go a little. further. I see where the votes are at; it's going to be 3/2, with Reyes and myself opposing it. Before I go into where I want to go -- and let me say this very seriously. The first fatality that we have with a scooter and a vehicle, I want to make sure you guys are invited to that funeral. You're the ones that are voting for this. But having said that, if there is any kind of accident with a scooter in any of your districts, we're sending Fire -Rescue and we're sending Police. We're sending other citywide services that are going there. So -- and particularly in today's time, I don't think it's correct that we're going to limit those dollars to the districts that are providing scooters. At least in Commissioner Diaz de la Portilla's district, it's a very poor district that needs a lot. And no matter how much he gets from the scooters program, it's not going to he enough for all the needs that he has. District 2 is an extremely rich district. 1 mean, I've seen the low-income housing that you helped push forward there. Marble in the countertops; that's low-income housing. You don't find that in Little Havana or in Allapattah, or in Flagami. So if you're going to move forward with this, it -- the money has to go to the general fund, like Commissioner Reyes suggested earlier. That's the fair way of doing it. Vice Chair Russell: With all due respect, if you're a "no" vote, I don't know that you're at the table to say where the money goes. Commissioner Carollo: Well, this is not about -- Commissioner Diaz de la Portilla: It doesn't work that way; no, no,no. Commissioner Carollo: -- being a "no" vote -- Commissioner Reyes: No, it doesn't work that way. Commissioner Carollo: -- or a 'yes" vote. Commissioner Diaz de la Portilla: It doesn't work that way. Commissioner Carollo: This is about what's going to be fair for the City. Commissioner Reyes: Now, I'm a "no" vote. City ofMiami Page 77 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Carollo: And as I pointed out -- Commissioner Diaz de la Portilla: Sorry, Commissioner Russell -- Commissioner Carollo: You're going to tell me -- Commissioner Diaz de la Portilla: -- Commissioner Russell -- Commissioner Carollo: -- that every time that we send out a Fire -Rescue unit or a Police unit for accidents or problems with those scooters, that's not general fund money? Of course, it is. It might be that 1 might be having to send people from -- assigned to my district to yours, to District 1, or even Commissioner Reyes or Commissioner Hardemon's district. Commissioner Reyes: That's right. Commissioner Carollo: But that all comes from the general fund. So I don't see where there is a right -- and I know majority rules, not necessarily right -- but there's no basis for a right to say that should go into the district where the scooters are going to be at. Beyond the fact that some of us don't want this in some of our districts for the protection of our residents, there are also additional reasons. Our sidewalks are too small, too narrow. There's no way they could work in other districts. Vice Chair Russell: So, Commissioner, I agree with you. The sidewalks are too narrow, and its not the place where these scooters should be. There have been accidents, people have been hurt, and that's going to happen when we have an average of 8,000 rides a day that have been happening during the pilot program, and especially if you get an irresponsible user, there will be issues. It's the same with bicycles; it's the same with cars. On average, we've had less accidents with these scooters, less fatalities than we have with bicycles, cars, or pedestrians. Maybe we've been lucky so far, but maybe this is a feasible type of transportation that we're trying out in the City of Miami that could help alleviate some of our issues; help put less cars on the road. I am very appreciative, Commissioner Diaz de la Portilla, of your openness to the idea of bringing these into your district. I think you will see there are some who don't like it and you will get feedback from them, as well. And there are a lot of people who absolutely love it and will rely on it to get to work and to lunch, and to home. The financial share 1 think is a fair proposal. Once it's opened up and the district expands, it's not really about District 1, District 2, or where; it's whoever has a project to improve those streets and sidewalks in their area can use it. The whole reason it's cordoned to where the scooters happen, because we want those scooters to have the safest chance to provide a transportation for our residents without getting hurt. And so, we know there are potholes. We know there are broken sidewalks. But more than anything, we want them to have a safe place on the road. We don't want them on sidewalks. The only reason they're on the -- allowed on the sidewalks is because we don't have enough lanes for them to operate in the streets. So the only reason I was willing to take a risk on this entire program from day one was that it would create the funding that would solve the problem that it creates. And so, that's why I'm asking for the portion that is going to be spent in my district that I still have the ability to work with the Administration on where it's -- how it's appropriate to make it safest for them; whether it's -- and it is going to work on some sidewalks. It is going to work on roads, road quality, road striping. But it will also work on bicycle lanes. So those aren't in this moment bike lanes, because I know when you say, "a bike lane, " it may sound trivial to the greater crisis we have. But we've had more residents dying for lack of bike lanes, even over this last year and two years, and that's something that should be just as important for us to address. But by allowing this funding to be used for bike lanes is the sooner City ofMiami Page 78 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 that we will get them off the sidewalks permanently. And eventually, that ordinance will say, "You are only allowed to ride these in the bike lanes." But until then, we have to allow them on the sidewalks to keep them safe from the cars in certain areas. So the portion that the County has already begun on is the County roads, on that project that the DDA (Downtown Development Authority) has helped plan and that Commissioner Reyes signed a resolution in support of The portions that will not get done are the adjoining east/west City streets that are key to connecting the whole network. And so, that's where the current plan is for the original funding to go. I'm open, I have some flexibility, but I do not want to be limited from creating the safety that these scooters absolutely need, which is a place for them to drive. They need -- Commissioner Carollo: Chairman -- Vice Chair Russell: -- a safe place for them to operate, or none of us should be in support of this. Chair Hardemon: Commissioner Carollo, please. Commissioner Carollo: Well, I might be open to that possibility for your share of it, Commissioner, but I think you missed out on what I said. We're spending monies in Fire -Rescue vehicles. We're spending money in Police that are having to go out there and deal with these matters. So I don't want to limit that the monies are going to go strictly for sidewalks, lanes. We need to get a proportion of it that will go to pay the services of Fire -Rescue and Police as part of it; especially when a little later tonight, we're going to be laying off 100 plus police officers and firefighters. You're going to tell me that putting a little patch in the sidewalk here or there, putting a bike lane is going to be more important than keeping police officers and firefighters on? I don't agree with that. Vice Chair Russell: So, Commissioner Diaz de la Portilla, I'll be glad to co-sponsor the future ordinance amendment with you so that we can work together on this and make it as safe as possible and as fair as possible. Chair Hardemon: You're recognized. Commissioner Diaz de la Portilla: Thank you. I remember my 10th grade history professor that would tell me that you're at liberty to swing your fist, and just where my nose begins. And the question of whether you have three or two votes, and you could pass things here goes against my thinking that we need to work together and that we need to find common ground on many issues, because we have a lot of -- we're going through trying times in our City; the whole country, the whole world is, right? So just because you have three votes doesn't mean that you can impose what you want 100 percent. There has to be flexibility in your thinking, and it has to be -- you know -- you can't be rigid in your formula. I agree with Commissioner Carollo that a percentage of this -- and I'm willing to give it up in my, district, and I think you'll be able to give it up in your district -- tying you -- that I told you, you could keep the 990 -- right? -- from my perspective. I didn't say we're going to take that. I asked you if you could spend it on sidewalks, on a bike lane, as a matter of priority. It's not a question of whether you have three votes or two votes; it doesn't matter. It could be three today or two, three tomorrow, you know? Today and tomorrow could be something else. I think the idea of some revenue share can exist with the other Commission districts is a valid point. What that percentage is -- should it be an equal percentage? Probably not. But should some of that revenue be shared with the other districts because of the -- you know -- fire, the safety issues and the Fire - Rescue issues that Commissioner Carollo mentioned? Yes. So I'm open to a revenue share with all districts; all five districts. City ofMiami Page 79 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Vice Chair Russell: Well, that would come in the ordinance, and I hear you. 1 hear you loud and clear. Commissioner Diaz de la Portilla: In the spirit of collegiality that we all work together, and we say, "You know what? Yeah, we" -- I want it in the Health District, you want it in downtown Miami, in your district, Commissioner Carollo, who was duly elected; duly elected Commissioner Reyes; duly elected Commissioner Hardemon doesn't want it. Maybe he wants it in the Design District. Maybe somebody wants it at some point somewhere else, and that's their right, because that's why they're duly elected Commissioners. People trust them to make those decisions. And along the way, they say, "You know what? Let's share the revenue." Everybody's happy, everybody wins, the City wins. And so, I think that along the way, we should figure out a revenue share formula for all five districts that works. Commissioner Reyes: Commissioner, ifI -- Commissioner Diaz de la Portilla: I'm sorry. Let me finish if you don't mind, Commissioner. Commissioner Reyes: I thought you had finished. Commissioner Diaz de la Portilla: I'm almost done. I tend to talk a lot when -- I mean, I don't know why I'm talking a lot today. I'm maybe frustrated or antsy; I don't know what it is today. So -- Commissioner Reyes: I think you're antsy. Commissioner Diaz de la Portilla: -- I'm one of those two things, you know? I kind of want to get things done, right? And it's -- Coniniissioner Reyes: So do L Commissioner Diaz de la Portilla: -- important to get things done. And Commissioner Russell has championed this issue and he thinks it's important. And it's important to -- from his perspective, it matters to him. I'm not 100 percent in agreement. I do have the safety concerns. And, Commissioner Carollo, I got your "funeral" comment. I don't want somebody to die on my, watch, but I got it. But I'm willing to govern with fear -- Commissioner Carollo: That's good to know. Commissioner Diaz de la Portilla: -- as you are, as you have proven throughout your career, and do things that are important that sometimes are a little bit risky, but they're important, because they're things that move our City forward. In downtown Miami, this scooter program works. It does get people to where they need to go in a City that has serious transportation issues and problems,, right? So it does work. I think it works in the Health District, too. I don't know in other places; it may work here and there. Well figure it out along the way. But I do want to have a conversation about a revenue share. I'm going to vote for it, because Commissioner Russell has championed this, and I know he's passionate about it. I know he's going to be helpful to me along the way in other things that I want to do and everybody else wants to do. So that's what we're doing here in the City of Miami. We're working together to move things forward. We may not get everything we want, but everybody gets a little bit for the good of our residents, and that's why I'm going to vote for it. Commissioner Reyes: Commissioner, I want to clarify something. If I understood what Commissioner Carollo was saying and what I said, it is not that we want 10 City ofMiami Page 80 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 percent or 40 percent of whatever the revenues is. It's that the right thing to do -- and any other pilot program or whatever -- that requires also the services of the City of Miami -- Commissioner Diaz de la Portilla: Of course, I agree. Commissioner Reyes: -- any proceeds should go to general revenue. And from general revenue, we are financing, and we are paying for the services that is going to be used by people that's going to be in an accident and people that falls from one of these, or --1 hope it never happens (INAUDIBLE) never need it. But that -- those additional services are due to the use of having these scooters on the road that we have to pay from the general revenue. Vice Chair Russell: I agree. Commissioner Reyes: If that's the case, the revenue should go straight to the general -- I mean, I'm not asking for 10 percent and Commissioner Carollo is not asking for 10 or 20 percent of the revenue. What we are asking -- I'm asking -- and correct me if I'm wrong, Commissioner -- what we're asking is that revenues should go to the general fund, particularly, when we are in a state that we are, and that's (INAUDIBLE). Commissioner Diaz de la Portilla: I could make a great argument that any project within a particular district, all the revenues generated by that project should go to that district -- Commissioner Reyes: Well -- Commissioner Diaz de la Portilla: -- or it should go to general revenue. Commissioner Reyes: I think it should be general fund. Commissioner Diaz de la Portilla: But why argue, right? I could argue that there are some things that are -- that benefit the entire City. There are some things that benefit particular areas of the City so the -- I agree with the parochialism argument sometimes when it says, "You know what? If the risk is being taken by this Commissioner or that Commissioner or this Commissioner; that -- why should everybody" -- "the rest of the City get some of the revenues?" 1 do understand Commissioner Carollo's perspective that there are City services that -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- should be compensated along the way -- right? -- to receive some revenue. So I'm not open to -- again, this is not a conversation for today. We haven't decided that we're going to extend the pilot, right? But I believe that -- in some revenue share. I don't believe with this particular program that a revenue share -- an equal, even, revenue share is fair. But I could be persuaded if you give me a different argument. I mean, I'm not completely -- you know -- wed to this idea. I just think that if we're willing to take the risk of saying, "Hey, this works in our area," and nobody else want to take the risk, why should you benefit from it? Or you look at the whole picture, or the whole City and make the different argument, right? Commissioner Reyes: I also -- Commissioner Diaz de la Portilla: That's just my -- that's just a conversation we need to have. City ofMiami Page 81 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Reyes: Okay. That's also -- but 1 also want to stress this: I don't agree, Commissioner Russell, that your statement -- and it was -- which I feel that it was out of place and arrogant -- that if you don't vote for it, you don't have a say, you see. And when you said -- Commissioner Diaz de la Portilla: That's why I made the comment. And Commissioner Russell -- Commissioner Reyes: That doesn't work, because I am -- Commissioner Diaz de la Portilla: 1 agree with you. Commissioner Reyes: -- dealing in faith, and you have been against me many times and it's -- "Oh, you're not with me? The hell with you. You don't have a voice." No, we all have a voice. And we -- and I don't -- really, I don't appreciate the (INAUDIBLE) -- because, by the way, you were not only directing it to Commissioner Carollo. You were directing it to me, too, or anybody that was opposed to -- or was against that. I think it was arrogant and out of place. Commissioner Carollo: Let me say this: I'm not going to beat up on you, too, Ken. I didn't take it personal. You know, I just took it as a comment that -- you know -- you probably -- Commissioner Diaz de la Portilla: I took it a little bit personal, and it wasn't even directed towards me, and I took it personal -- Commissioner Carollo: But I -- Commissioner Diaz de la Portilla: -- because you can't do that. I mean, you can't say, "I have the votes," because then -- you know -- how many times have you had the votes, Commissioner Russell? Commissioner Carollo: Listen, I've been called so many things already, and especially since coming back, and accused of so many things that are not true that -- you know -- small stuff like this, I'm not going to take personally. So I don't take anything bad from it. It's a statement he made and, you know, that's it. You know, we've expressed our opinion. What 1'd like to do is, in your suggestion in moving forward, is suggest that we look at taking 40 percent of those fluids to go to Police and Fire for the services they will be providing for this program and that on the remaining 60 percent, the two districts that have it get 15 percent, and the others get 10 percent; that comes to the 60 percent. And I'm not going to be as hard lined with the traffic, with the bike lanes or not. If that's what the district Commissioner wants to work on, so be it, you know. I'm not in agreement with it, but, you know, that's up to each district Commissioner how they want to spend their dollars. I mean, I know that even in my district, I got bike lanes that lead to nowhere. And what they're doing is they're -- because of the bike lanes that were placed in that nobody uses, basically, we're creating traffic jams, particularly an area of growth on 2nd Avenue between Coral Way and 8th Street, like you've never seen. But let me go into -- a little bit into history on why some districts are able to have all the good, nice areas and have all these projects. And this is why projects in some areas need to be spread to the areas and districts of the City that are not as wealthy. And Mr. Reyes was around during those years. At one point in the City's history, we ended up with a Commission that had no African American, none. And the Anglo Commissioner was in a situation that, after him, there might not have been another Anglo Commissioner. City ofMiami Page 82 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Reyes: Mm-hmm. Commissioner Carollo: 1 put my neck on the line and put all nay political weight behind a Charter amendment so that we could have districts and ensure that for years to come, we were going to have representation from all the main groups within the City of Miami. And the reason that, Commissioner Russell, you have such a rich district, and you have the most of everything is that we gerrymandered that district unlike nothing's ever been gerrymandered before so that there would be an Anglo -- or someone that would be a white native American, not of Hispanic heritage, that could be in that district in the future, and that part of our population would have representation for years to come. Now, in your theory, maybe we should start cutting up that district so that the other districts can get some of that wealth. But what that would do is that it would make it a lot more difficult to keep that balance into the future. So that's why we need to understand and work with each other. And you have districts that are so wealthy that low-income housing -- you can even afford to put marble tops in the counters while the rest of us can't even get low-income housing. And marble tops? My god, it's unheard of Commissioner Reyes: I -- through the Chair. Commissioner, you make me -- you brought memories from that time. I remember all the discussions. I remember all the criticisms that you stood, and you were championing this idea of having these different districts in order -- for fairness -- I mean, in the name of fairness -- that there should be a so-called white seat and a black seat. And I remember. I remember, I mean, all the heat that you took, and you championed it and it passed, and that's why we have the districts. And not was only that district gerrymandered, all the districts were gerrymandered, also in order -- everybody was -- need to be -- I mean, all the districts were gerrymandered and -- Commissioner Carollo: That is true. Commissioner Reyes: -- that is true. But this one was -- I mean, something that -- just look at the shape of it, you see. Just look at the shape of it. 1 mean, it's -- you know, is -- I remember that area and everything you said is true, because I was a witness to it. Commissioner Diaz de la Portilla: And I think we're going to have a great conversation a little bit later on today about redistricting -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- how we move forward and to allow the representation, the categorical representation, I think -- Commissioner Reyes: Remains. Commissioner Diaz de la Portilla: -- that Miamians deserve to keep peace and harmony in our City. It's important for us. We're a very unique City. So to work together and have the representation that every member of our City, every race and ethnicity in our City has the proper representation. It's important. So I agree with Commissioner Reyes. I wasn't as -- I was more offended than Commissioner Carollo was, because just because you have the votes doesn't mean -- the best power is the one that's not used. Commissioner Reyes: Yes. City ofMiami Page 83 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Portilla: Okay? The best power is the one that's not used. So we need to work together and figure out that, hey, there's a give and take here. We help you, you help us, and we all help our City, together. Commissioner Reyes: And it's nothing personal. Commissioner Diaz de la Portilla: I want to help you in this issue, and I think -- Commissioner Reyes: And I want you to understand also that because I don't agree with an idea, like anybody doesn't agree with my ideas -- Commissioner Diaz de la Portilla: Of course. Commissioner Reyes: -- it's not personal. Commissioner Diaz de la Portilla: People can agree to disagree and not be -- Commissioner Reyes: Absolutely. It's not personal, because if all -- we're going to think alike, I mean , it would be no fun being a City Commissioner, only one idea, you see, and I know it's not like that. It is not personal. The thing is that I have my concerns, my idea, and I cannot support something that I believe that it is an accident waiting to happen and I don't want to have it on my conscience, and that's it. And I'm afraid for my residents; that they -- I mean, I think that I have (UNINTELLIGIBLE) those, Commissioner Carollo; you too. We have a large population of elders. We have a large population of elders. I can see it walking in my neighborhood. They go out and they go for a stroll in the -- on the sidewalk, and I see the ladies with the strollers on the sidewalk and I cannot fathom there'd be -- that some nuts in one of those scooters at 15 miles per hour is going to collide with one of those old people and then they send them to the hospital, and maybe to their death. It's not going to happen. And it is my opinion, you see. It is my concern. I'm concerned about my residents and people my age, okay? That's it. Vice Chair Russell: Mr. Chairman? Chair Hardemon: Yes, sir. Later... Commissioner Diaz de la Portilla: So 1 think that we --1 like the idea -- if1 may, Mr. Chair, through you. I like the idea of having the City Manager come to us. I don't agree with your idea, Commissioner Carollo. You're my good friend, but I don't agree with your percentage breakdown, because 1 don't think it's based on what -- we can find out. If we find out it's 40 percent, it's 40 percent. But I do believe in a revenue share. There should be some revenue share with all districts. It is a citywide issue at the end of the day, and everybody should benefit. And I'm a big believer on the whole redistribution of wealth thing that said earlier today; that his district is the richest -- Commissioner Russell's district is the richest district and the whole City should benefit from that. So I do believe that -- I have to be consistent in my thinking -- right? -- that there should be a revenue share. I'm not sure it should be 40 percent, or (INAUDIBLE). Commissioner Carollo: Then why don't we do this. Commissioner Diaz de la Portilla: I don't know what the number is. Commissioner Carollo: Why don't we bring back an ordinance that would include what you've requested -- City ofMiami Page 84 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Portilla: Yes, sir. Commissioner Carollo: -- but let's not vote it in this -- Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: -- until that ordinance gets back for first reading and second reading. And that will give the Manager the opportunity to look at this closely and give us some numbers. Commissioner Diaz de la Portilla: 1 will move -- I agree with that. But I will move that we extend the scooter program as is, according to what we can do with a reso, because that's what I think Commissioner Russell wants today. So you have -- for my one vote. You have my vote today, Commissioner Russell. Vice Chair Russell: Appreciate it. Commissioner Carollo: No. Commissioner Diaz de la Portilla: But you take everything into account that has been said today, and you take it seriously. And you come back -- and when you come back with an ordinance that includes everything else that we've talked about today, that it has to be fair. And if'it's not fair, I won't vote for it. Vice Chair Russell: Understood. Commissioner Diaz de la Portilla: But if you want to extend the scooter program as is -- right? -- we can't add new boundaries. It's still in your district. You still keep the money for now, right? You can't spend it on a bike lane. That's the only thing I won't accept for my vote, right? On sidewalks. If you agree to that, I'll vote with you today. Vice Chair Russell: My only, -- Commissioner Carollo: I'm the guy that didn't care if you put the bike lanes, and you picked a fight with me, not with him, you know? I don't understand. Commissioner Reyes: I want to clam something. Vice Chair Russell: You're willing to let inc have bike lanes, but you're a "no" vote. Mr. Chairman, if I could. And because 1 think this is a very key point. if this program did not fund lanes that these scooters could then be on instead of the sidewalks, I would have never brought it. And I can't in good conscience allow the scooter program to continue if it doesn't have the ability to not only fund sidewalk improvements -- Commissioner Diaz de la Portilla: You're going to sacrifice an extension of a pilot program that you created because of your adamant belief that it has to go for bike lanes, really? Vice Chair Russell: In addition -- Commissioner Diaz de la Portilla: With no ability to compromise? Vice Chair Russell: -- to sidewalks and streets, if it doesn't have the ability to improve the bike lane infrastructure -- and I'll call it the scooter lane infrastructure - City ofMiami Page 85 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 - that's the only reason 1 allowed scooters in the first place in my district, was so that it could help fund those lanes for those scooters and the cyclists to -- Commissioner Diaz de la Portilla: Not for the last mile option? Not for all the other arguments you made in all these Commission meetings of why scooters were important to you? Vice Chair Russell: It all comes down to those lanes. Commissioner Diaz de la Portilla: All of a sudden, it's for a different program that (INAUDIBLE). Vice Chair Russell: Without those lanes, it doesn't work. Without those lanes, it doesn't work. So I'm imploring you to stick with me on this. Commissioner Diaz de la Portilla: The people who ride scooters do not use the bike lanes. I've seen it. They're on the sidewalk. One thing is not the other. One thing doesn't support the other. The argument is not even a correct argument, Commissioner. Vice Chair Russell: We have a good bike lane (INAUDIBLE) -- Commissioner Diaz de la Portilla: Have you seen people on scooters in bike lanes, really? Vice Chair Russell: Absolutely, absolutely. Commissioner Diaz de la Portilla: I have not. I'm sorry. I'm living in a different Miami than you are. Vice Chair Russell: I've also seen them outside of it. You're absolutely right. There are abusers. Commissioner Diaz de la Portilla: On sidewalks. They're run over me. In fact, they've run over me a couple times -- right? -- when I'm -- Chair Hardemon: One thing -- Commissioner Diaz de la Portilla: -- walking through downtown Miami. Chair Hardemon: One thing I think is -- Commissioner Diaz de la Portilla: I went to meet with you. I'll tell you a story very quickly, Mr. Chairman. I went to meet with you after I made my runoff. And someone was taking me there and you were -- you cut in front of me on a scooter. And I said, "Wait a minute. That's Commissioner Russell." And we were going -- this is a true story -- to (UNINTELLIGIBLE) place, remember? And you cut right in front of me, and I said, "Was that Commissioner Russell?" And we almost ran over you. Is this a true story or not? Commissioner Carollo: Oh, so you didn't run over him? Commissioner Diaz de la Portilla: I didn't because he was going to support me at that point. Had it been before the primary, I probably would have run over him. But at that time it was different, because he was -- I knew he was going to support me at that time, so it was different. So I mean -- and you were not in a bike lane. You were City of Miami Page 86 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 on a sidewalk. And then you went across the street -- not in a bike lane -- and onto another sidewalk. So why the --? Victoria Mendez (City Attorney): IfI can clarify? Commissioner Diaz de la Portilla: Hold on a second, Vicky. We're discussing public policy. When we need the legal thing, we'll go to you, okay? All right. So the idea that you are so tied into the bike lane concept may make me walk away from helping you today. Vice Chair Russell: It's just a part of it. Commissioner Reyes: But why would you do that? Vice Chair Russell: It's not all about bike lanes, but it cannot be disqualified from being spent on bike lanes. I mean, you all have various things in your district you know you need to address. I have cyclists dying in my district, and I know I need to address. One year ago, we had an accident out on Arthur Lamb Road. I asked the then -Manager and the then -Administration to fix that intersection. They put up a little sign. And I texted them and I said, "That's not enough." One year later, another person died. And then within a month, they had signage, speed bumps, new striping, a bike lane. And I guarantee you that's going to solve that intersection from here forward. Chair Hardemon: I think that's the reason that I'm supportive of that, is because it's not necessarily about the -- I have my own theory about those who ride scooters. I've explained it to you all before. But bike lanes are something completely different And to use scooters to fund bike lanes actually lends to the safety more so for bicyclists than those on the motor things, because if you've ever ridden a bicycle on a public street, it could be a frightening thing. And so, you know, I do believe that we need more protected hike lanes in our City. But -- and so, that's why I've always been supportive of the idea that the revenue coming from these scooters go towards bike lanes. I don't know if that will be where the -- or that should where the motor people ride. I think ifyou're on that Moped, you need to be on the road. You need to follow the traffic laws. That's where you need to be. But bicyclists -- although they are allowed to be on the road, I think it's much safer for them to be in the bicycle lanes. So that's the way -- if I were to design it, it would be that way. And so, I just appreciate that -- the outside revenue coming in that can build protective -- or bike lanes for bicyclists. And I think that's a win -win. 1 don't necessarily take it as the bike lanes are for the motor -- the Mopeds. Vice Chair Russell: Thank you, Mr. Chairman. I know our needs are different in different districts, and I do know what my district needs in this case. I know that road conditions are different throughout the City and there's a lot more investment needed in other places. And I want to help you all where that's needed, for sure. And while I do have road issues and sidewalk issues, my main issue right now is the safety of my cyclists, my pedestrians, and the scooter users. As you have said, Commissioner Carollo, this scooter thing is -- it's on me, you know. And when someone gets hurt, I'm going to have to live with that. I'm going to have to deal with that. Commissioner Carollo: Yep. Vice Chair Russell: So I'm trying to do everything I can to make it as safe as possible. And if I say that I'm not going to spend this money on something that I believe will make it safer, I'm actually allowing something to become more dangerous. And I wouldn't -- I can't do it. City ofMiami Page 87 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Reyes: Point of clarification. Commissioner Carollo: Well, maybe -- let me try to help you out here. Don't use as much marble in the countertops in the low-income houses. Maybe you could shift some of those dollars for the bike lanes. Look, come into our districts and see what real low-income housing is. Commissioner Reyes: Yes. Commissioner Carollo: You know, you can't have it all in dollars. But, you know, that's between you guys. Just don't, you know, get mad at me, you know, if he's telling you something, you know. Commissioner Reyes: A point of clarification. And I thought that what we were doing here, we were going to extend it. You were asking to extend the pilot program. A pilot program is a tryout. It's a tryout where you get the -- I mean, you observe what's going on, the pros and cons, and then you decide if it is worth it. That's in my, opinion what a pilot program is. From what I'm hearing here, Commissioner Russell, you -- that you're taking this as a fait accompli, and we're going to have contracts that we are going to -- I mean, it's going to he an RFP (Request for Proposals), and we are going to pick the companies that they are going to be -- I mean, be chose to operate the skateboards in the City of Miami, without the pilot program ending and proper analysis of the pilot program undertaken, you see. I told you, in all fairness, I will vote extending -- giving the pilot program a chance -- I mean, extending it for six months. But without the assurance that you have that we're going to have an RFP and going to be picking the companies that they are going to be -- I mean, providing the skateboards, and they want to be in charge of it. I mean, that's not -- Vice Chair Russell: I agree with (INAUDIBLE) -- Commissioner Reyes: -- what a pilot program is. I mean, I will support an extension in order for us to analyze the pilot program. And after the analysis comes, with all the pros and the cons, then we go the next step. But now you are talking about it like if it is going to be -- I mean one that we don't need any pilot program. What you want to do is go into a permanent use of -- or a permanent ordinance to use --1 mean, allow the scooters in the district --1 mean, in the City. That is not a pilot program. That's not what was -- Vice Chair Russell: I agree with you. Commissioner Reyes: -- voted before. Vice Chair Russell: You're absolutely right. That's not the way it's meant to be. And if it's coming off that way, it's coming off incorrectly. It's not a fait accompli. The RFP only was crafted after there was an actual analysis of the initial phase of the pilot program, and there was a full analysis. There was analysis of accidents, of numbers, of speed, of -- Commissioner Reyes: That is interesting. Vice Chair Russell: (UNINTELLIGIBLE) way they were used. It's available for you. It's available for you. And I'm glad to make sure the Administration shares it with you and everyone. City ofMiami Page 88 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Reyes: 1 cannot vote -- if this is going to lead to an RFP just like that, then I'm against it. Commissioner Diaz de la Portilla: Mr. Chair. Vice Chair Russell: I'm trying to agree with you. Commissioner Diaz de la Portilla: Mr. Chair. Vice Chair Russell: The pilot program was studied. And there is a full report on that study with the first six months of the pilot program. The extension was meant to try to keep us from having a gap in service between issuing the RFP. But even then, the RFP is not a fait accornpli. The RFP cannot be won and awarded without corning back to this Commission again. And we can wait and analyze all we want until we know it's the safest, correct way. And I'm with you. We shouldn't move forward on it -- Commissioner Reyes: We don't have to vote for an RFP. Who decides if there's going to be an RFP or not? Is it us? Vice Chair Russell: I'm sorry? Commissioner Reyes: Who decides if there's going to be an RFP? Commissioner Diaz de la Portilla: Mr. Chairman, may I be recognized at some point? Commissioner Reyes: An RFP -- I'm sorry, Commissioner. And you had your chance to speak. Let me speak. Coniniissioner Diaz de la Portilla: And I talk way too much. Yeah, I know. I'm sony. Commissioner Reyes: Okay. And doesn't an RFP have to come through us? Commissioner Diaz de la Portilla: I was just on a roll today. So I thought I'd keep on doing it, you know, what the heck. I'll wait for you. Commissioner Carollo: Maybe -- Commissioner Reyes: But I mean, if they are preparing an RFP or an RFP have been prepared, it has been without our knowledge. And it has been prepared without having the time that -- 1 mean, sufficient time to analyze the pilot program. And that's my understanding of what a pilot program is. It is not, "Let's do it," and then we switch. And no, no, no, it's not like that. Commissioner Carollo: Commissioner Diaz de la Portilla, would you be willing to use some of that money from the program to bring in experts from Wuhan Province that have a lot of experience on bicycle lanes and bicycles? Commissioner Diaz de la Portilla: Exactly. Commissioner Reyes: They have to be vaccinated first. Commissioner Diaz de la Portilla: Since we've become another Beijing, right? City ofMiami Page 89 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Carollo: They gave us the COVID, and then they sell us all the tests and everything else. Commissioner Diaz de la Portilla: Yeah. And we have so much cultural appropriation going on in Miami now, you know, that anything can happen here. So what I want to do though, seriously now -- if I may, Mr. Chair, through you. I think what was before us and I think what Ms. Mendez meant to say when she was -- when we were having the conversation -- and I'm sorry. I didn't mean to be rude to you, Ms. Mendez. I was just engaged in conversation. And maybe I was a little bit blunt. I'm sorry. I apologize -- was that what we're voting on today is a resolution. We really can't expand on it. We really can't increase the boundaries or, you know, expand the boundaries, so we're just voting for an extension -- right? -- of the pilot program to continue as is. And then we'll have the rest of the conversation another day; is that correct? Is that what we are voting on, Ms. Mendez? Ms. Mendez: Yes. And also, you can -- the only really thing is the extension. And you can deal with the fleet. I think that was the original issue. Commissioner Diaz de la Portilla: Why can't we deal with the fleet? And the fleet is by ordinance, right? Ms. Mendez: The fleet -- the City, which is you, is able to change the fleet number. And I believe that was part of the original motion to reduce the fleet number, I believe. So you could do those two things. Commissioner Reyes: How can we do that and --? Commissioner Diaz de la Portilla: But we can reduce the fleet as part of an ordinance, and -- but we can't expand the boundaries? M. Mendez: In the ordinance, it clearly says that you can extend by resolution -- Commissioner Diaz de la Portilla: Okay. Ms. Mendez: -- and you can address the fleet number, as well. But it doesn't say you can expand -- Commissioner Diaz de la Portilla: Okay. Ms. Mendez: -- because it's only in the District 2 area. Commissioner Diaz de la Portilla: Okay, so -- and then we could determine how those dollars are spent later on? We could leave that debate for a different day -- right? -- for a new ordinance and all that. Ms. Mendez: Well, what -- Commissioner Diaz de la Portilla: So I will move. Commissioner Carollo: But Madam City Attorney? Commissioner Diaz de la Portilla: I'll make a motion and then we can debate it. Commissioner Carollo: In this resolution -- there is nothing in this resolution that prevents the monies from being spent in bike lanes. Ms. Mendez: So that's what was trying to clarify. City ofMiami Page 90 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Carollo: So you can spend the money in bike lanes. Ms. Mendez: So what I was trying to clam -- legally not policy issues -- hut legally I just wanted to tell you that the section says that it is for sidewalk -- Commissioner Diaz de la Portilla: Sidewalks and bike lanes. Ms. Mendez: -- areas. It says "sidewalk," which is what you wanted, sidewalk area, which technically includes bike lanes, and/or street improvements within the pilot program. Commissioner Carollo: Okay, so -- Ms. Mendez: It covers all that you want, obviously, only within the program area. Commissioner Carollo: Okay, so -- Ms. Mendez: That's what I was trying to clam. Commissioner Carollo: -- I am correct. It includes the bike lanes. So I don't know, Commissioner Diaz de la Portilla. This needs to be amended, because it does include bike lanes. Vice Chair Russell: It includes everything. It includes bike lanes, street repair. Why would you want to exclude one thing that I'm telling you I need in my district and that's the whole reason I created the program? It's just -- I want to be as flexible as I can for all of our spending. But it's -- Commissioner Diaz de la Portilla: And if I may, Mr. Chair. Can we then -- it's 900 whatever -- 990,000, whatever the number is -- limit the percentage of spending on the 990 so that it's mostly for sidewalks and not hike lanes? And that way -- Commissioner Carollo: You could change the resolution. Commissioner Diaz de la Portilla: -- it's a compromise for everyone. Commissioner Carollo: You can amend the resolution. Ms. Mendez: You can say where it goes based on the project. Commissioner Carollo: Yeah. You could amend the resolution now where you make it clear that -- Commissioner Diaz de la Portilla: I want to ask -- it's not my program. It's what he wants, what this Commissioner wants. Is he willing -- are you willing to compromise and say, "You know, I'm going to dedicate more dollars of the" -- "what's available now to sidewalks, because I think that this Commissioner and other Commissioners happen to think that we need sidewalk repairs in any district"? Because just because you represent a district doesn't mean it's not part of Miami, right? It means that our patrons also go to your district to go to restaurants, and they want to sit outside. And we need sidewalk repairs and everything else. People don't stop on 7th Avenue and say, "Pm not going to go to 5th Avenue and 4th Avenue because it's Ken Russell's district," right? So we have to look beyond parochial concerns and say we're going to go, you know, to fix sidewalks, because the majority of the Commission may feel that sidewalk repair is more important than bike lanes. We just think that our priorities are different than yours. And the majority of the City ofMiami Page 91 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commission -- let me finish -- thinks something, why won't you accept that? I don't get it. I mean, I understand you want some monies to go to the bike lane. I get that. I know it's something that's important to you. Look, I like green space. 1 like the things that I'm fighting for that traditionally people won't expect a Republican to fight for. But 1 like the idea of bike lanes at a certain time, moment in history or in time, where it's a priority. But it's not always -- we're not at that moment in history right now. And other things may be more important right now. And do you get that thinking or that logic? Or -- Vice Chair Russell: I do. And 1 hear you. And 1 think the moment that we can really dig deep on that compromise is in November, after -- where we actually place this on the agenda, because there was an item of how that money was going to be spent, and we had disagreements about it at that time. And I said, "Let's push it off 'til later and let's have that discussion then." And so, it's corning on an agenda in our November meeting. Commissioner Diaz de la Portilla: Okay. Then I'm going to help you. Then I'm going to help you to extend the program as is, and we'll talk about it in November. Vice Chair Russell: Thank you. I really appreciate it. Commissioner Diaz de la Portilla: But just promise me that we're going to really talk about it. Commissioner Carollo: But how much of that money that's there now is going to be spent on bike lanes? Can somebody tell me? Vice Chair Russell: It's not allocated at this point. It just has to be spent by ordinance on sidewalks and street improvements. Commissioner Diaz de la Portilla: But we can have a budget conversation about it, right? We can vote to budget amendments, and we can say, "You know what? Spend it on this." The majority of the Commission can decide that. But for now we can extend the program as is -- this resolution as you sponsored it -- as is. 1'l1 help you and I'll move it. Commissioner Carollo: But you still could take out the part -- you could amend it -- on the bike lanes. Commissioner Diaz de la Portilla: I can, but I'm not going to do that to him today. Maybe 1'll do it next time, because I think that he -- I think that we all understand that -- and 1 think he and every Commissioner here understands where the majority of the Commission is that, right? We don't want this to be spent on things that may be seen by some as frivolous, vis-a-vis, things that are really priorities during these difficult economic times. And I think -- I know -- Vice Chair Russell: I hear you. Commissioner Diaz de la Portilla: -- that a bike lane is somewhat of a frivolity at a time when we have other things that we need -- Vice Chair Russell: Agreed. Commissioner Diaz de la Portilla: -- from my perspective. Vice Chair Russell: And that's why I wanted to create a program that would not draw from the general fund to do that. And so, I really appreciate that, City ofMiami Page 92 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Portilla. 1 think it's very logical and it's congenial. 1 really appreciate the gesture, and I will be at the table with everybody at the table, no matter how you vote. 1-- Commissioner Carollo: Then so -- Commissioner Diaz de la Portilla: Mr. Chair, if I may. Commissioner Carollo: -- then so that you can understand Commissioner Diaz de la Portilla (UNINTELLIGIBLE). He's younger than 1 am so -- Commissioner Diaz de la Portilla: A little bit, a little bit. I'm not that much younger. Commissioner Carollo: Well, he is. Commissioner Diaz de la Portilla: You look like George Bush today. Commissioner Carollo: Which one? Commissioner Diaz de la Portilla: The younger one. Commissioner Reyes: The younger one, the younger one, not the old one. Commissioner Carollo: But the -- you look at Cuba today, in the past, and all you see are bikes everywhere. Cuban Americans are traumatized with bikes, so that's one of the issues, in addition to the statements that you heard here today. So don't take it personal. That's part of the problem. Anyway, gentlemen -- Coniniissioner Reyes: Let me go back to my question, okay? I am going to stress that this is a pilot program, that a pilot program -- i f it's going to he extended, at the end of the pilot program, we need an independent report of the pros and cons of this pilot program. And then we will go into an RFP. I asked the question -- Commissioner Diaz de la Portilla: That's my, understanding. Commissioner Reyes: -- Vicky -- Commissioner Diaz de la Portilla: That's what 1 think Commissioner Russell understands. I think we all (UNINTELLIGIBLE). Commissioner Reyes: No. 1 don't think he understands. He's talking about the RFP as it is prepared. 1 don't know if it is ready or not, or if it has been -- and 1 mean, there's the concept of it or I don't know what's happening. But when this Commission -- without my vote -- voted in favor of the pilot program, it was a pilot program. And we should define what a pilot program is. It has a limited amount of time. It's a testing period and we test it. And if it works, we might go ahead with it. We could extend it for another period in order to really test it, or we go for an RFP in order to make it permanent. But according to Commissioner Russell and the way that he stated, the RFP is going to be out there -- I mean, to make this program permanent. And I don't think that is right, and I will not vote for that. Ms. Mendez: October 8 is the ordinance for the scooter program to make it permanent. The appropriations for the bike lanes that -- Commissioner Reyes: You see? City ofMiami Page 93 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Ms. Mendez: -- Vice Chairman Russell was interested in is November 19. Commissioner Reyes: Then when I said it's a fait accompli without us knowing anything -- I didn't know anything. I didn't -- I mean, there is not a report on the pros and cons. They are already making an ordinance to make it permanent without any one of us knowing anything but him. Ms. Mendez: It was the -- no, no. It was an indefinite deferral and it's coming back. You know how all of you don't like our indefinite deferral process that comes back -- it just pops up? Commissioner Reyes: I don't think -- Ms. Mendez: It's one of those. Commissioner Reyes: -- it is right. If we don 't -- Vice Chair Russell: Now, Mr. Chairman. Commissioner Reyes: -- go through the process, it is not right. Vice Chair Russell: Mr. Chairman, if I could? I would like to make -- I would like to direct the Manager to share the report on the pilot program that was crafted before an RFP was drafted. And that RFP was drafted based on the learnings from that report. Alan Dodd -- Commissioner Reyes: For six months. Vice Chair Russell: -- our Director of Public Works, helped lead this. Our Procurement Department was involved. This has nothing to do with just Ken seeing anything. There's a report that should have been shared with all of you, and if it wasn't, it needs to be, because it affects the life safety of our residents as a whole. So that report has been made. It has not been hidden from you; and if it has, the Administration needs to get it to you, Commissioner Reyes. Commissioner Reyes: Sir, what I'm saying is that report only accounts for a few months of this pilot program. I want a report -- I want -- the pilot program was for a year, right? Well, 1 want a -- I'm willing to extend -- I mean, to go as far, because of -- out of fairness for the project -- I mean, for the --1 mean, out of fairness, I mean, to you, because you are -- was the one that asked for a pilot program and it was cut short because of the COVID virus. And I said, "Okay. Let's extend it so we can really analyze it." But if you already have -- I mean, there is a report of four months of this being in operation, and based on those four months, now you are going to have an RFP that is already made, I am totally opposed to that. I'm totally opposed to that, because that doesn't follow the process. I mean, we -- how can we analyze something four months in operation? Vice Chair Russell. Mr. Chairman, can we call the question? Commissioner Reves: Call the question. Todd B. Hannon (City Clerk): Chair? Chair Hardemon: Yes, you're recognized. Mr. Hannon: Just so the record is clear, moved by Commissioner Diaz de la Portilla, seconded by Commissioner Russell. However, Commissioner Russell, you City ofMiami Page 94 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 did make an amendment at 5:15 to reduce the number of scooters. Is that still --? No, so as is. Thank you. Vice Chair Russell: Commissioner Diaz de la Portilla does not wish that part of the amendment, so we'll leave it -- Mr. Hannon: As is. Commissioner Diaz de la Portilla: As is. Mr. Hannon: Yes, sir. Chair Hardemon: Seeing no further discussion, all in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? No. Commissioner Carollo: Nay. Chair Hardemon: Noted for the record, 3-2. Motion passes. RE.4 RESOLUTION 7664 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. R-20-0015 IN ITS ENTIRETY, THEREBY ABOLISHING THE MIAMI 21 REPORT AD HOC TASK FORCE ("TASK FORCE") AS PRESENTLY ORGANIZED; DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO WORK WITH THE DISTRICT 4 COMMISSIONER TO DEVELOP ALTERNATIVE PROPOSALS FOR EITHER THE CREATION OF A NEW TASK FORCE COMMITTEE OR ANOTHER METHOD TO OBTAIN RELEVANT INPUT FROM QUALIFIED PROFESSIONALS AND VARIOUS STAKEHOLDERS REGARDING ANY RECOMMENDATIONS FOR IMPROVEMENTS TO ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. ENACTMENT NUMBER: R-20-0298 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For additional minutes referencing Item RE.4, please see "Public Comments for All ltem(s). " Chair Hardemon: All right. Let's move on to RE.4. Commissioner Carollo: RE.4? Victoria Mendez (City Attorney): This is the one having to do with the Miami 21 Taskfirce. City ofMiami Page 95 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Carollo: 1 move. Chair Hardemon: I heard a motion. Is there a second? Is there a second? Motion dies for lack of second. Ms. Mendez: I believe -- Chairman, I'm sorry. I believe that this was sponsored by Commissioner Reyes, and he stepped away for a second. Chair Hardemon: Right. So let's just move on to RE.5 then. Later... Commissioner Reyes: Yes. Thank you very much. I think this is needed and this will protect work table. Thank you for cosponsoring RE.7 -- RE.4, okay. And we are on RE.4. What's going on? I cannot hear you. Commissioner Carollo: I'll make a motion for it. Commissioner Reyes: Okay. I second it. Commissioner Diaz de la Portilla: I'm sorry. Where are we? I'm sorry. Chair Hardemon: It's been properly moved and seconded. Commissioner Diaz de la Portilla: I have somebody talking to me so I -- Commissioner Reyes: RE.4. Chair Hardemon: It's been properly moved and seconded to approve RE.4. Now we'll have some discussion. I'll recognize the Vice Chairman. Commissioner Diaz de la Portilla: Okay. Chair Hardemon: I see his hand up. Vice Chair Russell: Thank you. I'd like to understand where we go from here if we do this, because I -- we've come a long way in truing to assemble this board and I know the needs are there in Miami 21. What is your thought, Commissioner Reyes, on --? Commissioner Reyes: My thought -- I'm very glad that you asked about that, and my thought about it is that there was some sort of conflict of interest, innuendos about this. And there was also -- they -- 1 mean, we need it because of some of the appointees were experts in the material -- I mean, in Miami 21, but they -- at the same time, they represented some developers. And they -- what I'm trying to do instead of asking for waivers, you see, form -- following the directive from our Law Department, that we form a different type of -- I would say, not a board, but a group that will analyze Miami 21 and where all of us participate on it, and -- but with people, experts that also will analyze all the aspects on it and how we protect single- family homes; that it is -- the intent of this ordinance is to see how can we protect single-family homes and avoid problems that are existing now that is encroaching on people's backyards, you see. Vice Chair Russell: May I offer a recommendation? Commissioner Reyes: Hmm? City ofMiami Page 96 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Vice Chair Russell: May 1 offer a recommendation? Commissioner Reyes: Sure, sir. Vice Chair Russell: So we have a board that actually is assembled of people that we consider to be specialists in the Code and that weigh in on our issues every day, and that's the PZAB (Planning, Zoning and Appeals Board), itself And it is within their defining documents that they are allowed to weigh in on or make recommendations to the Commission. What if we tasked PZAB with conducting an exercise? So those boards and anyone in public hearings, and maybe a charrette type of system where the PZAB will wade through all these items in Miami 21, these issues, and then bring a resolution of recommendation up to the City Commission; that way we don't have any issue of who's on the recommendation board or the taskforce. We already have that board, and they do have this within their ability. And we know that they know the Code. They see the problems with the Code every day. And, of course, they can be lobbied by the public and anyone who has an interest in Miami 21, in a very fair and open, transparent way. And they will make the recommendations to us, and then we could vote. Commissioner Reyes: Well, we had in the original resolution -- and we had -- and what we proposed -- we had PZAB as part of the -- I mean, and it was -- they were going to analyze the recommendations', and then we were going to take it from there. Before any decision was made, what we were supposed to do -- I mean, what we were going to do is bring it to PZAB and say, "Listen, these are the recommendations. These are the different recommendations from many people that are experts on it, because they are the ones that know the loopholes and all that and they're using those loopholes against us," you see. And those are the people that I want their input on it, because they've been vetted and they are residents, also, you see. And then after those recommendations come in and we have your input, Mr. Carollo, Diaz de la Portilla, every one of us, Mr. Hardemon, and I mean, all those recommendations come -- I mean, are all gathered and they are given to PZAB, and say, "What do you think about this? How can we improve all these recommendations? How can we improve this?" because it is something that is needed. It's something that is needed. I think that it is about time that we take a good look at how Miami 21 is affecting us, you see. And that's it. And Vicky -- Victoria -- Madam City Attorney -- I'm sorry. You had some, I mean, suggestions -- right? -- that what we can do? Victoria Mendez (City Attorney): Yes. The same way that the Vice Chairman has also said, the PZAB can hear these items, the -- and everybody could cone in the form of charrettes. You do already have about 20 planners and professional staff in the Administration that can handle these things, and then they can hear all the different opinions. You set up these workshops and it could work within the timeframes that you've set up. And then there doesn't have to be any type of waiver, as suggested by the State, and everybody will feel more comfortable. Even though there's nothing inappropriate with getting the waivers -- everybody is a professional -- but at the end of the day, if the citizens feel more comfortable and you could do it through your present -- Commissioner Reyes: It's not only the citizens. It's that we are placing those people that are willing to serve into a scrutiny that -- and also, some accusations which were out of place, that because they were -- I mean, they earned a living doing a job. And that job makes them experts on it. And I vetted my appointment and I know that each one of you vetted the -- your appointees and you were happy that they were going to be very, very, very professional about it, and they were going to recommend what was best for us. And if it is -- I mean, I want to make sure -- this is not because I am -- I'm being afraid of what a couple of people have said, or what they have City ofMiami Page 97 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 written, or anything like that. 1 have a clear conscience that people that were appointed there are people that know Miami 21. Some people, they wanted to be appointed to -- and they called me. They said, "Okay, Manolo, why don't you appoint me?" I said, "What do you know about Miami 21? What do you know?" You see, it's like me being -- I mean, having a heart attack and then go to a chiropractor. I mean, what do you know about hearts? You see? It's -- as I said -- and I said it, and the press caught it. If I have a problem with my car, I go to a mechanic and I don't go to an architect, you see. I mean, those people, they know what they're talking about, and I want their input. I want their input, because they are the ones that find all the -- they find -- and you know they do. You know they do, because, Madam City Attorney, you are the ones that have to confront them sometimes. They know all the ins and outs of the -- of Miami -- of the legislation, and I want them to point it out to us. And point it out -- not only point it out to us, you know, also point out solutions to those weaknesses that we have found that have been encroaching in our neighborhoods and the things that, I mean, I want to stop, and I want to protect as much as I can single-family homes, you see. But if that is the way to do it, that's fantastic. But we're going to invite all those people to come and assist us and we can do whatever -- all -- everything that you mentioned, let's do it. But I want to ask you a favor. Let's get this going as soon as possible, because we need to move on this as soon as possible, because we've got to stop, you see, development that are really hurting people, you see, and hurt neighborhoods. And I mean, I am not so intransigent, and I say, "No. This is my idea." No, no, no. That don't go like that, you see. I mean, the idea is to find a solution. And how are we going to get there? What? I'm open for all suggestions. And let's do what you suggested, Madam City Attorney. But Mr. City Manager, could you please work on it as fast as you can and try to, I mean, organize all those meetings and the charrette and all of them, okay? All right. Vice Chair Russell: Commissioner Reyes. Commissioner Reyes: So abolish this and let's move forward. Vice Chair Russell: Are you open to a friendly amendment that the City Attorney and Manager work with all of the Commissioners to develop alternative proposals? Commissioner Reyes: Absolutely, absolutely. I mean, this is not my -- you know, as I told you, I'm not that childish that "It is mine, it's mine." No. Absohitely. What I want is solutions, Commissioner Russell. I want solutions, you see. 1 want an in- depth analysis. And 1 want solutions coming from the -- I mean, I hope that every single Commissioner, they will be advised by people that really know the -- I mean, the law -- I mean, the Code, back and forth, because I'm going to do that. I'm going to get myself --1'm going to by to get people to advise me and to point out potential problems and solutions, you see. And what I'm going to present to them is a stream of complaints that I have received from my constituents and problems that I have seen, because I have seen some injustices be made; that people that their homes are being encroached by development and people that cannot even go to the -- get out in the backyard, you see. Pin going to bring those and I'm going to try to find solutions to those problems. And I hope every one of you do the same. Is that clear? Okay? So I move this. Vice Chair Russell: Does the seconder also agree with the amendment? Commissioner Reyes: Hmm? Let's call the vote. Chair Hardemon: Say that again now. I'm trying to understand -- sorry about that. My video was off. City ofMiami Page 98 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Vice Chair Russell: Sony, Chairman. 1 just had requested a friendly amendment. Chair Hardemon: So basically, we're just going to move it to the PZAB, because the board can handle it. Is that what the understanding is? Commissioner Reyes: Yes, sir. And what we're going to do, we're going to have the City Manager and the City Attorney, they're going to start working on a process how are we going to go as fast as we can, start the process. And every single Commissioner will have a say, and I really hope that you're in -- I mean it comes before the PZAB. And -- but 1 was suggesting that every one of us get advice from people that really know the Code -- Chair Hardemon: Right. Commissioner Reyes: -- really know Miami 21. Chair Hardemon: Right. No, no. I'm not -- and that's what I'm, you know, most fearful of I just want to make sure that we get good information so we could -- Commissioner Reyes: That's right. Chair Hardemon: -- and not necessarily (UNINTELLIGIBLE). Commissioner Reyes: Okay. Chair Hardemon: But -- so there was a motion and there was a second. And Mr. Vice Chairman, you were saying something before I just --? Vice Chair Russell: (UNINTELLIGIBLE) amendment because it says, "Manager and City Attorney to work with the District 4 Commissioner." And I asked if it could he all Commissioners, and he said "yes." Chair Hardemon: Okay, all right. Todd B. Hannon (City Clerk): And Chair, it was -- Commissioner Reyes: And wait a minute. But work with the Commissioners and in order to -- I mean, and how it's going to be conducted of getting your input into it. Okay? That's what it is, okay. Chair Hardemon: All right. Mr. Hannon: Mr. Chair, it was moved by Commissioner Carollo, seconded by Commissioner Reyes. Commissioner Reyes: Yes. Mr. Hannon: Commissioner Carollo accepts the -- do you accept the amendment, sir? Commissioner Carollo: I'm thinking about it. There are no bike lanes in this one, right? Commissioner Reyes: No, sir. No, sir. Vice Chair Russell: No. City ofMiami Page 99 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Reyes: For the meantime -- I would like the opinion of the Manager right now, what he thinks on all this. Arthur Noriega (City Manager): So I am of the opinion that I actually liked the committee, the task force structure. I understand the conflict issue, but I think there can be some sort of hybrid version of this put together which would allow the individuals that we actually had identified as taskforce members to come and speak in some sort of workshop or charrette. I just don't want to get too bogged down. But, you know, I think it's going to be important to get each of your opinions in terms of your (UNINTELLIGIBLE) -- Commissioner Carollo: Well, I want -- Arthur Noriega (City Manager): Because I -- look, I'm not entirely in concert with the City Attorney on the structure. I respect her position on this. I don't necessarily agree with it. But I'll -- you know, I'll defer to the Commissioners and get your perspective on it. And then well kind of move in a direction that takes into consideration your preferences. But I'm not going to make it my issue; it's really yours. Commissioner Reyes: Okay. Commissioner Carollo: I understand that. I just wanted your input on it, because what I don't want to do with this either -- if we're going to be having those charrettes and stuff' I don't want to make this into an open-ended game where you have a small group of people that are against everything in the City all the time come in and try to hijack what we're trying to do. Commissioner Reyes: I agree with you a hundred percent, and that's why I -- Commissioner Carollo: I don't want to see ambulance chasers -- Commissioner Reyes: -- made it -- Commissioner Carollo: -- come in the meeting, pound their chest that they got another victory against the City ofMiami, when they haven't gotten anything. Commissioner Reyes: That's right. And excuse me for it, but 1 want to make clear again -- and 1 said it and I stated this is not -- this change is -- it was because we didn't want to create any problems for those people that they offered their services, they -- that they did. And I said, "Okay. Let's form this in a different way." But it is not because of pressure or anything that was written or any calls that 1 received. 1 received plenty of calls, people that they were criticizing me for name -- I mean, appointing people that are attorneys, that they are the experts, that they work for companies or they have been before us trying to find loopholes from Miami 21. And those are the sorts of the people that 1 want. Commissioner Diaz de la Portilla: And I agree with Commissioner Carollo and Commissioner Reyes. And Mr. Chair, through you. You know, I don't want these bunch of losers that are looking for cheap headlines. It's really what's happening here. They're a bunch of losers that are not good at their profession. They're not good at anything they do. They're just attacking and coming and hurting, and defaming people. They're going to try to change the agenda of what the City of Miami really needs and what the duly elected officials of the City of Miami know that Miami needs to move forward. So, to me, I'm in complete agreement. We don't need these people doing this. We need to do what's right here. And Commissioner Reyes, I know the controversy kind of -- they created this controversy around one of your City ofMiami Page 100 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 appointments, because they wanted to create the controversy, because they want to create negativity, and they want to defame, and they want to attack. And you know what? We -- at some point, we have to stand up and say, "Enough is enough. Enough is enough." If you want to make decisions, political decisions, you know what? Run for office and win, and then you make political decisions. Put your neck on the line like the rest of us do, and then you make political decisions. Commissioner Reyes: And I want to add to your comment, Commissioner Diaz de la Portilla, that we were elected to make difficult decisions and not popular decisions. We were elected to make decisions that we, in our conscience, we think that is best for the community. And that's why we were elected. And if we make a mistake, well, then vote against it. Commissioner Diaz de la Portilla: They'll vote us out of office. It happens. Commissioner Reyes: That's right. But 1 am -- Commissioner Diaz de la Portilla: I mean, you lose elections; you win elections. Commissioner Reyes: -- committed to try to find the best solution for the problem that it is affecting our community, it's affecting our neighborhood, and I don't want this to become a circus, you see. I want it to be -- I mean, the way to be organized, that if anybody is going to come and we're going to open it to the public, they would be with certain -- within certain batteries, I mean, and decorum. And we have to keep the decorum, you see. No accusations, or anybody start accusing anybody or offending anybody should be kicked out of the meeting and that's it, you see. We have rules for this. Commissioner Diaz de la Portilla: Of course. There is a -- ifI may, Mr. Chair. Chair Hardemon: You may. Commissioner Diaz de la Portilla: Commissioner Carrollo asked a very important question of our City Manager. And Mr. Manager, I think it's important, because I think your opinion matters on this. I think -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: -- you and I have spoken many times about the need to revamp Miami 21, the need to change our zoning, you know, laws to allow fbr the development and the growth in a responsible way that Miami needs to undergo in the 21st century. So to me, your opinion matters on how you want to pursue this. It's not that you leave it up to the Commission. It's -- what do you think? What's your vision? I want a more direct answer from you of what your vision is, on what you think it should -- where we -- you think this Commission should be headed. Mr. Noriega: Candidly, Commissioner -- Commissioner Diaz de la Portilla: Yes, sir. Mr. Noriega: -- I think that the individuals who interact with that Code on a regular basis, whether they be design professionals, whether they be developers, whether they be land use attorneys, those are the individuals that are the most prepared -- Commissioner Diaz de la Portilla: Of course. City ofMiami Page 101 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Mr. Noriega: -- and most well-equipped to give us input. That is as plain and as straightforward as 1 can make it. And if we want real change -- right? -- and you want to afford yourself the opportunity to get real input and meaningful suggestions to create clarity to the Code -- because that's the -- probably the single biggest issue with Miami 21 is clarity -- then you need to put people in a room -- right? -- that have a stake -- right? -- that have had a lot of interaction with that Code over the last 13, 14 years, and actually can propose real meaningful change -- right? -- that'll get us to an evolved Miami 21, which is really what our end goal is. Commissioner Diaz de la Portilla: And that's the straight talk that 1 was waiting for, right? You're right. That's exactly what we want to do here. Commissioner Carollo: That has convinced me (UNINTELLIGIBLE) -- Chair Hardemon: That's my (UNINTELLIGIBLE) with the PZAB. That's my true nervousness with PZAB is that, you know, they may be hearing it, but they're not the ones that actually are applying the Code day in and day out. I admit to you, you know, with all the things that I go through with, you know, trying to get permits in the City of Miami, that's how I basically -- that was a good way of seeing what the real pitfalls were, because I'm going through it. And I'm like, "Oh, well, why would we do this this way? Wouldn't it make better sense to do it that way?" So if you have people that represent people on an everyday basis where you're seeing these issues time and time again, then it starts to make sense. At least it elevates it to us so that we can make informed decisions. I'm not saying that everything recommended to you you're going to follow, but you at least get an opportunity to hear a meaningful discussion regarding an issue that came up because of the application of Miami 21. Commissioner Diaz de la Portilla: Right. And Mr. Chair, what they do -- Chair Hardemon: And after you finish, Senator, I'll call on Joe Carollo. Commissioner Diaz de la Portilla: -- is they don't forward things to PZAB, right? They don't forward things to us, because they have their own political agenda -- right? -- and they say, you know, recommend denial or recommend passage, or whatever it is, but they don't forward it to us for us to be the ultimate decision makers and they play that game, right? And so, things can't move forward, and we have this board that doesn't want to do it. And on top of that, they want health insurance, right? Come on. What the heck is that about, right? It's going -- like an appointed board of people that act independently of duly elected officials is not the right way we should be governing here. And so, you're right. You're right, Mr. Chair. You're right. Commissioner Carollo: Madam City Attorney, I heard from the Manager. Now 1 want to hear from you. Ms. Mendez: If you want to do it the way that the Managers describing and to keep the board, then you have to specifically state the -- we need to do an ordinance -- a resolution change and specifically state the people that you want, you know, the professions that you want in order to address the status issue. Commissioner Carollo: Well, the -- Chair Hardemon: If we already -- it already exists. Right now it's just outside of this parameter because of the timing, right? It was like 180 days (INAUDIBLE). City ofMiami Page 102 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Carollo: But to keep the board as is, with the people that each of us named so we can move forward with this, is there anything that we need to do so that no one is accused of having had a conflict that's in that board? Ms. Mendez: Right. So you have to do one of two things: You either have to do the waiver process that we talked about two Commissions ago, or you need to reconstitute the board with specific people; five land use people, five architects, five citizens, like that. Commissioner Carollo: Look, 1 have no problem -- Ms. Mendez: So it's one of the two. Commissioner Carollo: -- to do a waiver. We need to move forward with this. We can't keep -- Commissioner Reyes: Absolutely. Commissioner Carollo: -- getting bogged down constantly and we're not moving forward with it. Commissioner Reyes: Well, let's keep it then. Commissioner Carollo: And so, you know, I'm sorry, Commissioner Reyes. But -- Commissioner Reyes: No, no, no, no, no, no. Commissioner Carollo: -- I'm going to pull back my, support of this, because -- Commissioner Reyes: Absolutely. Hey, listen, let me tell you this. If it's the will of this Commission -- and I'm really glad it is -- to keep the board and go forward with it, because we are going to have experts on it, I'm all for it, you see. What I wanted to do -- this was more -- I was more concerned about the members of the -- and how they were -- you know -- if they were being attacked and all of that. Then what the action that we took to form this board and having to have waivers and all of that. I heard also, Vicky, that there were some problems with the State of this -- I mean, board members that we had. And that's why really I didn't want to cause the members that we have pick any -- at the State level -- problems. Could you be -- mean, inform us about that? Ms. Mendez: Yes. We can -- I'm going to let George Wysong talk about this part since he had most of the conversations with the State to be able to describe that issue. George Wysong (Assistant City Attorney): Yes. Chair Hardemon: Before we go to George, Vice Chairman, you had your hand up. I want to make sure you get your comment in. Vice Chair Russell: Yes. I felt a disconnect with what the Manager said and what was interpreted that the Manager said. Is the Manager implying that we keep the board or that we keep those members of the board as they would come to a charrette or appeal to the PZAB? Because the way I heard him say it originally was that he valued the input of those specialists in a way that they would come and talk to the board or the group, but I didn't understand him to say that we keep the board intact, as it is, and I just want to get clarification from the Manager. City ofMiami Page 103 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Mr. Noriega: For clarity purposes, as it was discussed and suggested by the City Attorney, if we were going -- if the intent was to engage in a public charrette process, I felt it was important to make sure that those individuals were included. My, preference is to keep the board and keep a Miami 21 Taskforce with the individuals and the professionals that have been assigned to it; that is my preference. I think we'll facilitate an endgame here much quicker and with -- I think with a much broader set of solutions and recommendations. Vice Chair Russell: Thank you. And Madam City Attorney, in order to keep that board legally -- and I know Commissioner Reyes is bringing up the State issue -- would we need to waive per se conflict or the pecuniary conflict? What are we waiving? Ms. Mendez: So the only thing that you can waive is the per se status conflict, not the pecuniary, because no one can go and vote on something thats going to put money in their pocket. And they're professionals, so they obviously wouldn't do anything like that. But the only thing you can waive would be the status conflict., the fact that they're on the board. That was the recommendation by the State. And Wysong can explain all that better. Commissioner Reyes: I have a question, Madam City Attorney, and I want to ask Wysong. In order -- due to the timeframe, I mean, that -- because of COVID and all that, we couldn't have -- get this board meeting and going, don't we have to end it like this, or/and reconstitute it again? What do you recommend? If we're going to keep the board, how do we go about it so we are not victim of the time limit? Mr. Wysong: So my, recommendation is that it be rescinded and reconstituted for the sole reason that there's two Commissions on Ethics that are looking at this board. There's the State of Florida Commission on Ethics, which issued its opinion. And in that opinion, they indicated that more than two members potentially have a conflict; probably the majority of the members have some form of conflict. Not saying that they're doing anything illegal or improper; it's just the way the law works. So if we wanted to keep the board as is, the first step is we would have to bring back an item where this Commission waives the conflict for those individuals presently appointed. Now many of those -- and the conflict applies not just to the person but also to the firm they're with. So if another attorney in one of the attorney's firms or the architect's firm picks up a new client involving the City of Miami, they will have to suspend their activity on the board and come back for an additional waiver each time they pick up a new client. So -- now in relation to the timing, the County Commission on Ethics, we requested them to review this board to see if there were any ethical conflicts, and they gave a response that indicated that because this was a taskforce of less than one year, all of the requirements of the County Commission on Ethics, which is more strict than the State Commission on Ethics, would not necessarily apply. They have interpreted over the years that you could create these ad hoc taskforces and all the rules wouldn't apply to them regarding status as we're calling it. But now we're in September, heading towards October, so that one-year requirement is going to be exceeded, and then I'd just have to inform you that we will have to in good conscience go back to the Commission on Ethics to have them do a deeper dive as far as potential conflicts for the appointed board members, so that's why I was saying my recommendation would be to rescind and restart; that way, we would reset the clock. The board, once constituted, would then have a full year to be able to review these matters without a fear of the County Commission on Ethics looking at them, and -- Vice Chair Russell: Why has the clock started at all? Mr. Wysong: I'm sorry? City ofMiami Page 104 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Vice Chair Russell: I apologize for interrupting. Why, has the clock started at all? Like, shouldn't the clock start when they first meet as a full quorum? Mr. Wysong: Well, the way that the -- Ms. Mendez: They've already met. Mr. Wysong: Yeah, they did already meet. Ms. Mendez: They met. Mr. Wysong: And the resolution indicated -- the resolution for the Miami 21 Taskforce was adopted in January of this year. Commissioner Reyes: Yes. Mr. Wysong: So -- Commissioner Carollo: Well, I -- Vice Chair Russell: When will they start meeting? Ms. Mendez: The -- in order -- Unidentified Speaker: (UNINTELLIGIBLE). Ms. Mendez: No, the interesting thing -- and honestly, if I was a private person, I wouldn't go through all of this. Commissioner Reyes: Yes. Ms. Mendez: Yeah, like -- I mean, these people really want to serve and help you out, because the whole filing of the paperwork for each and every -- that's cumbersome, and they're still willing to do that. However, I think that the cleanest way would be to reconstitute it with the positions. That was the recommendation of the State, as well. That's another -- if you say you want four land use, four architects, three engineers, three citizens. You say that and then you -- so that's why it would be rescind and reconstitute if you want to keep a board. Commissioner Carollo: Right. I am smart enough to go with the opinion that our Attorney has given here, and that's what I'm going to go with; your opinion to rescind and reconstruct this board, with credentials. When can we put this on the agenda next? Ms. Mendez: Wysong, can we put it on the 8th? Mr. Wysong: It's a resolution. It's a resolution, so we could do it -- Ms. Mendez: So the 8th. Mr. Wysong: -- as soon as possible. Ms. Mendez: We could put it on the 8th, the reconstitution part. You would take -- Commissioner Carollo: I would suggest we -- City ofMiami Page 105 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Ms. Mendez: -- you could rescind it today, and then we reconstitute it on October 8. Commissioner Carollo: Okay. So I will make a motion to rescind this board today, with the provisions that the City Attorney drafts a new resolution re-creating a new board, with credentials . Commissioner Reyes: I second it. Chair Hardemon: It's been properly moved and seconded. Any further discussion? Vice Chair Russell: Is there specifications for the credentials or --? Mr. Noriega: Yeah. Can we get some direction to maybe have her work with my office on that? Commissioner Carollo: Well, that's what I would figure would happen, but 1'll make it even clearer -- Mr. Noriega: Please. Commissioner Carollo: -- that you work on the credentials with the City Manager, with the Planning Director, and talk to each of the members of the Commission for any further ideas that they have, and what are the qualifications. Vice Chair Russell: Perfect. Commissioner Reyes: Okay. Ms. Mendez: Understood. Chair Hardemon: Okay. So seeing no further -- Commissioner Carollo: There's a motion. Chair Hardemon: All in favor of the motion, say "aye." Commissioner Reyes: Second. The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. Mr. Hannon: Madam City Attorney, that amends the legislation -- correct? -- that went out in the agenda? Ms. Mendez: Yes, because I'm working with more people, so yes. Mr. Hannon: Understood. Commissioner Reyes: Okay, fantastic. Thank you very much, guys. And I'm real glad to see that we are all on the same wavelength, and we want to do what's best for the City. Chair Hardemon: Was it necessary to have public comment on the motion to rescind? No? Okay. City ofMiami Page 106 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Ms. Mendez: No. 1 believe that that was part of our -- that was part of the resolution; correct, Mr. Wysong? Mr. Wysong: Yes ma'am. Chair Hardemon: So to clarify, you're saying that the motion that we just carried is RE.4, but it's amended to --? Is that what it is? Ms. Mendez: Right. It's an amendment to RE.4, which we were rescinding. And then you were telling me to work on it -- Chair Hardemon: Okay, understood. Ms. Mendez: -- with the Manager. Chair Hardemon: I just wanted to make sure, because I heard Commissioner Carollo say he was taking back his support. So -- but we -- he further clarified then that he's still supporting RE.4, but he amended it to add a direction. Understood. So that passes. RE.5 RESOLUTION 7865 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE EFFORTS OF THE CIVILIAN INVESTIGATIVE PANEL AND THE CITY OF MIAMI'S POLICE DEPARTMENT TO STRENGTHEN THE MUTUAL TRUST AND RESPECT BETWEEN POLICE OFFICERS AND THE COMMUNITIES THEY SERVE BY DEVELOPING A MUTUALLY ACCEPTABLE POLICY AGREEMENT FOR THE IMPLEMENTATION OF A COMMUNITY -POLICE MEDIATION PROGRAM TO FACILITATE DIALOGUE AND ASSIST STAKEHOLDERS IN UNDERSTANDING THE UNDERLYING ISSUES AND PERSPECTIVES STEMMING FROM POLICE ENCOUNTERS. ENACTMENT NUMBER: R-20-0299 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo ABSENT: Reyes Commissioner Carollo: RE.5. Move. Victoria Mendez (City Attorney): This is the Mayor's mediation program for CIP (Civilian Investigative Panel). Commissioner Carollo: Move. Commissioner Diaz de la Portilla: Second. Chair Hardemon: The item has been properly moved and seconded. Any discussion? Hearing none, all in favor of the item, say "aye." The Commission (Collectively): Aye. City of Miami Page 107 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 RE.6 7903 City Manager's Office Chair Hardemon: All against? Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-521(B) 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/TEMPORARY EVENT PERMITS/TEMPORARY EVENTS IN GENERAL," WAIVING THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR PER PROPERTY TO ALLOW THE UNIVERSITY OF MIAMI TO PLACE A TEMPORARY TRAILER AT 1851 NORTHWEST 7 AVENUE, MIAMI, FLORIDA TO CONDUCT NOVEL CORONAVIRUS VACCINATION TRIALS BEGINNING OCTOBER 2, 2020 AND ENDING OCTOBER 2, 2022. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Diaz de Ia Portilla, Carollo, Reyes ABSENT: Russell Note for the Record: Item RE.6 was deferred to the October 8, 2020, City Commission Meeting. For additional minutes referencing Item RE.6, please see "Public Comments for All Item (s). " Chair Hardemon: All right. I have -- we're running short on time. Commissioner Reyes: Yes. Chair Hardemon: RE.6 is an item that is within my district. I have some questions as it goes to procedure with this, because something seems a little off to me. So what I'd like to do is just continue it to the next meeting so that we can continue on with our agenda and (INAUDIBLE) -- Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Move -- second. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded to take it to the next agenda. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? That motion passes. City ofMiami Page 108 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 RE.7 RESOLUTION 7906 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE UNITED STATES CONGRESS AND THE FLORIDA LEGISLATURE TO PROVIDE FUNDING TO ASSIST LOCAL GOVERNMENTS WITH THE ELIMINATION OF SEPTIC SYSTEMS AND CONVERSION TO SEWER SYSTEM CONNECTIONS; DIRECTING THE CITY MANAGER TO INCLUDE THIS REQUEST AMONG THE CITY OF MIAMI'S FEDERAL AND STATE LEGISLATIVE PRIORITIES IN 2020 AND 2021 AND DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE NAMED OFFICIALS LISTED HEREIN; PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: R-20-0300 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For additional minutes referencing Item RE. 7, please see "Order of the Day" and "Public Comments for All Item(s). " Chair Hardemon: Let's move on to RE.7. Commissioner Carollo: RE.7. Move it. Todd B. Hannon (City Clerk): Chair, just for the record, Commissioner Carollo would like to cosponsor RE.7. Chair Hardemon: Right. It's noted all for the record. Commissioner Diaz de la Portilla: I would also like to cosponsor it, please. Commissioner Reyes: Which one is that? I'rn sorry that I had to take a little trip to the -- Chair Hardemon: No problem. We'll come back to you. Commissioner Diaz de la Portilla: It happens. Chair Hardemon: It's been properly moved and second -- Commissioner Diaz de la Portilla: I'm right behind you, Commissioner. Commissioner Reyes: What are we talking about now? Commissioner Carollo: Russell had made a motion -- Chair Hardemon: It's been prop -- Commissioner Carollo: -- to get you out of being chairman of the DDA (Downtown Development Authority). City ofMiami Page 109 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Reyes: Oh, yeah. 1 mean, he would love that. Oh, man, he would love that. Who second it? Commissioner Diaz de la Portilla: Russell took back the DDA and the CRA. What's going on here, guys? Commissioner Reyes: I mean, he would love that. Chair Hardemon: It's been properly moved and seconded to approve. Commissioner Diaz de la Portilla: 1 also want to sponsor -- cosponsor RE.7, too, please. Chair Hardemon: Okay. It's been properly moved and seconded. All in favor of item RE.7, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Victoria Mendez (City Attorney): And that one -- Chair Hardemon: I want to bring hack -- Ms. Mendez: -- was substituted. Commissioner Carollo: Bring RE.5 back. Chair Hardemon: I'll bring up -- Ms. Mendez: RE.7. Chair Hardemon: Not RE.5; RE.4. Commissioner Carollo: RE.4, right. Ms. Mendez: RE.7 was a substitution. Everybody had noted that. Chair Hardemon: Okay. END OF RESOLUTIONS City ofMiami Page 110 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 7634 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS/RESILIENCE AND PUBLIC WORKS DEPARTMENT", CHAPTER 2/ARTICLE X/SECTION 2-289 OF THE CITY CODE, TITLED "ADMINISTRATION/CODE ENFORCEMENT/SCHEDULE OF CIVIL PENALTIES", CHAPTER 22.5/ARTICLE VI OF THE CITY CODE, TITLED "GREEN INITIATIVES/SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL", CHAPTER 54 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS", AND CHAPTER 62/ARTICLE II/SECTION 62-12 OF THE CITY CODE, TITLED "PLANNING AND ZONING/COMPREHENSIVE PLANNING/FEE," BY PROVIDING FOR RESILIENCE AND PUBLIC WORKS DEPARTMENT ("DEPARTMENT") FEES FOR INSPECTIONS AND EXAMINATIONS OF PLANS FOR COMPLIANCE WITH THE PROVISIONS OF ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; BY PROVIDING FOR BOTH NEW AND ADJUSTED DEPARTMENT FEES RELATED TO THE PROCESSING AND RECORDATION OF PLATS, STORMWATER POLLUTION PREVENTION PLANS, RIGHT-OF-WAY PERMITS, DEVELOPMENTAL REVIEWS, PROCESSING OF DEEDS OF DEDICATION AND QUITCLAIM DEEDS, AND FOR THE PROCESSING AND REVIEW OF OTHER DOCUMENTS CONDUCTED BY THE DEPARTMENT; PROVIDING FOR STANDARDS FOR INSURANCE COVERAGE AND INDEMNITY BY APPLICANTS IN CONNECTION WITH SUCH PERMITS; FURTHER PROVIDING FOR ENHANCED PENALTIES PURSUANT TO SECTION 162.09(2)(D), FLORIDA STATUTES, FOR CERTAIN CIVIL VIOLATIONS RELATED TO THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13915 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de Ia Portilla Note for the Record: For directive referencing Item SR.1, Please see Item NA.6. For additional minutes referencing Item SR.1, please see "Public Comments for All Items)"and Item NA.6. Chair Hardemon: All right. Let's move on to our second reading ordinances. Madam City Attorney, can you read SR.1 into the record? City ofMiami Page 111 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Victoria Mendez (City Attorney): So SR.1 -- Chair Hardemon: Actually, what 1 would like for you to do is read all of them into the record. Ms. Mendez: All of them? Chair Hardemon: Yes. Ms. Mendez: Okay. So SR.1. The Ordinance was read by title into the public record by the City Attorney. Commissioner Diaz de la Portilla: Mr. Chairman -- I'm sorry, Ms. Mendez. Mr. Chairman, can we read them by title? Because I think we've all studied what they are already. So can we do the whole SR (Second Reading) agenda in one motion and read them by title, unless anybody has an issue with any of the SR -- second reading issues? We have seven of them. Commissioner Reyes: We all went through it. Chair Hardemon: So we have to by law read the title -- Commissioner Diaz de la Portilla: Okay. That's what Trn asking. That's what I'm -- you have to read the whole thing? Ms. Mendez: No. This is just the title. Commissioner Diaz de la Portilla: That's by title? Chair Hardemon: Yes. Commissioner Diaz de la Portilla: Really? Ms. Mendez: That's the title. Commissioner Diaz de la Portilla: That's a long title. 1 mean, in Tallahassee, we had like two- word --1 mean, two -sentence titles, you know. Ms. Mendez: Yeah. Commissioner Reyes: Commissioner, welcome to Miami. Ms. Mendez: Well, the problem is that the people in Tallahassee made us read the titles of the ordinances. Commissioner Diaz de la Portilla: I know, but we had short titles, you know, like you know, Chapter I It wasn't like a whole, you know -- a whole -- Ms. Mendez: Yeah. That -- I swear I'm not reading the whole ordinance. That's the title. I'm almost done. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: I don't think there's any change to that one. Okay, so that was SR.1. SR.2. City ofMiami Page 112 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Portilla: Oh, Lord. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: This one's shorter. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.3, which 1 believe that one had an amendment. There was a substitution on this one. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.6. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.7. We didn't reset SR.7, correct? Commissioner Diaz de la Portilla: Correct. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Since we are rescinding the Miami 21 Taskforce, this part may be moot based on the ordinance -- the resolution that we just passed. But that is what this ordinance is doing; removing the tolling provisions. Chairman, did you want me to read the FRs (First Readings), or did you want to deal with the -- all these SRs first? Chair Hardemon: Deal with the SRs now. Vice Chair Russell: Mr. Chairman, I'll move SRs 1 through 7. Chair Hardemon: It's been properly moved. Commissioner Diaz de la Portilla: Well, 7 is moot, right, so -- Ms. Mendez: No, no. We -- the little provision, but we still have to pass it. We still have to pass it. Commissioner Diaz de la Portilla: Okay. I'm sorry, I'm sorry, okay. Ms. Mendez: I just -- I may need to -- Commissioner Diaz de la Portilla: 1 second -- I second it. I second. Ms. Mendez.: -- tweak it based on that. Commissioner Diaz de la Portilla: I got it. I second it. City ofMiami Page 113 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: It's been moved and seconded. Later... Chair Hardemon: Okay. Seeing no further discussion, all in favor -- Ms. Mendez: I wanted -- Chairman, I'm sorry. I just wanted to clarify what I read about the tolling of the Miami 21 Taskforce is moot, just because you just passed an ordinance rescinding it. So I just -- I mean, it doesn't matter. I've read it; it's fine, but 1 just wanted everybody to know the action you took. It rescinded already -- , okay? -- in the previous resolution. Chair Hardemon: Okay. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? Motion carries. Todd B. Hannon (City Clerk): Again, just for the record, SR.3 was amended. SR.2 ORDINANCE Second Reading 7635 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND SIDEWALKS", TO UPDATE REQUIREMENTS FOR IMPROVEMENTS AND FACILITIES IN THE PUBLIC RIGHT-OF- WAY AND PERMITTING AND REGISTRATION REQUIREMENTS; REQUIRING SEAWALLS AND BULKHEADS AS PART OF THE LIST OF REQUIRED STREET IMPROVEMENTS IN CONNECTION WITH OBTAINING BUILDING PERMITS OVER A CERTAIN VALUE OR SQUARE FOOTAGE; UPDATING REGISTRATION REQUIREMENTS FOR TELECOMMUNICATIONS PROVIDERS WORKING IN THE CITY'S RIGHTS -OF -WAY TO BE CONSISTENT WITH STATE LAW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13916 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de Ia Portilla Note for the Record: For minutes referencing Item SR.2, please see Item SR.1. City ofMiami Page 114 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 SR.3 ORDINANCE Second Reading 7629 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 49 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "SEWERS AND SEWAGE DISPOSAL," IN ORDER TO DELETE OBSOLETE REFERENCES TO THE CITY OF MIAMI'S ("CITY") FORMER SANITARY SEWER SYSTEM AND UPDATE REFERENCES TO THE CITY'S CURRENT STORMWATER MANAGEMENT SYSTEM; PROVIDING FOR A LIMITATION ON DISCHARGING SILTED WASTEWATER TO THE CITY'S STORMWATER MANAGEMENT SYSTEM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13917 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de Ia Portilla Note for the Record: For directive referencing Item SR.3, Please see Item NA.6. For minutes referencing Item SR.3, please see Item SR.1. SR.4 ORDINANCE Second Reading 7630 Commissioners and Mayor 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," TO UPDATE AND CODIFY INDEMNITY, INSURANCE, AND SURETY REQUIREMENTS IN CONNECTION WITH SIDEWALK CAFE PERMITS, RIGHT-OF-WAY PERMITS FOR TELECOMMUNICATION FACILITIES, NEWSRACKS, AND PAY TELEPHONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13918 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item SR.4, please see Item SR.1. City ofMiami Page 115 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 SR.5 ORDINANCE Second Reading 7633 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE II/SECTION 54-46 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND SIDEWALKS/CONSTRUCTION EXCAVATION AND REPAIR/AGREEMENT AND BOND AS TO PAVING AND OTHER IMPROVEMENTS BY PERSONS SUBMITTING PLATS, REPLATS, ETC., TO COMMISSION," AND CHAPTER 55 OF THE CITY CODE, TITLED "SUBDIVISION REGULATIONS," TO MODIFY CERTAIN SUBDIVISION REQUIREMENTS, PROCESSES, AND STANDARDS INCLUDING CERTAIN DESIGN STANDARDS AND REQUIREMENTS FOR SUBDIVISION AND RIGHT-OF-WAY IMPROVEMENTS; PROVIDING FOR MINIMUM STANDARDS FOR CONSTRUCTION PLANS FOR REQUIRED IMPROVEMENTS, INCLUDING ENHANCED SEAWALL AND BRIDGE CONSTRUCTION STANDARDS; REQUIRING STREET LIGHTING IN CONNECTION WITH AND AS A REQUIRED IMPROVEMENT FOR PLATTING; CLARIFYING SURVEYOR REQUIREMENTS TO SUBMIT AND PROCESS PLATS; MODIFYING SECTION 55-10(C) OF THE CITY CODE RELATED TO A PLATTING EXCEPTION FOR SINGLE-FAMILY HOMES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13919 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de Ia Portilla Note for the Record: For minutes referencing Item SR.5, please see Item SR.1. SR.6 ORDINANCE Second Reading 7829 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PARKS AND RECREATION/IN GENERAL," BY ESTABLISHING A NEW SECTION 38-25, TITLED "NAMING OF GOLD STAR FAMILY MEMORIAL MINI PARK," NAMING THE MINI PARK LOCATED AT 2300 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA AS THE "GOLD STAR FAMILY MEMORIAL MINI PARK"; MAKING CERTAIN FINDINGS RELATIVE TO THE NAMING OF THE MINI PARK; DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF THE MINI PARK, INCLUDING THE PLACEMENT OF A SUITABLE PLAQUE COMMEMORATING SAID FAMILIES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13920 City ofMiami Page 116 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de Ia Portilla Note for the Record: For minutes referencing Item SR.6, please see Item SR.1. SR.7 ORDINANCE Second Reading 7819 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City Manager's EMERGENCY ORDINANCE NO. 13902 ("TOLLING ORDINANCE") Office TO END THE TOLLING AND SUSPENSION OF APPLICABLE DEADLINES AND TIME PERIODS PRESCRIBED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AND RESOLUTION NO. R-20-0015, ADOPTED ON JANUARY 23, 2020 RELATING TO THE MIAMI 21 REPORT AD HOC TASKFORCE THAT WERE PREVIOUSLY SUSPENDED BY THE ADOPTION OF THE EMERGENCY TOLLING ORDINANCE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13921 rMOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla For additional minutes referencing Item SR.7, please see "Public Comments for All Item(s) " and Item SR.1. END OF SECOND READING ORDINANCES City ofMiami Page 117 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 7582 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 10, ARTICLE V OF THE CODE OF THE CITY OF MIAMI, Building FLORIDA, AS AMENDED, TITLED "BUILDINGS/CODE RELIEF PROGRAM"; MORE PARTICULARLY BY AMENDING SECTION 10- 70 TO EXTEND THE DEADLINE FOR THE CODE RELIEF PROGRAM; 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: Joe Carollo, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes ABSENT: Russell Note for the Record: For additional minutes referencing Item FR.1, please see "Public Comments for All Item(s)." Chair Hardemon: Madam City Attorney, do you want to read the first reading ordinances into the record, please? Victoria Mendez (City Attorney): Yes. I just want to clarify one of them was reset; FR.2, correct? Chair Hardemon: Yes. Ms. Mendez: Okay. So FR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.3. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Madam City Attorney -- Mr. Chair, I don't know, but I have a comment on this. I would like to speak about this. Chair Hardemon: You'll have an opportunity to. Commissioner Reyes: Okay. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And FR.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Those are all the FRs (First Readings). City ofMiami Page 118 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Reyes: Okay. Chair Hardemon: Commissioner Reyes, you're recognized. Commissioner Reyes: Yes. I was wondering, why are we allowing everybody to use the seal that they want? I believe in branding. And you see, I haven't seen Chevrolet change their sign -- I mean, their logo. And the paten tree is -- I mean, you can -- I think we should be consistent on our logo. I don't know -- and the seal have to be -- I think it has to be consistent. And now we -- everybody has, 1 mean, the free reign of using any seal for the City of Miami. And I don't think that is right. I mean, I know that maybe the Mayor wants to provide different types of seals, I mean, or give us the freedom to do it, but I am very conservative, and I believe that it's a matter of branding, you know. This seal is our seal of the City of Miami and it shouldn't be changed. I mean, nobody should have the freedom of changing whatever they please. And it is my opinion, you see. I don't know what would be the purpose of allowing everybody to use the seal that they want, you see. Chair Hardemon: As we know, the Mayor's not here really to defend his item. So -- Commissioner Reyes: Well, having said that, you know how I'm going to vote on this one. I'm going to pull it out and then we vote on this one and that's it, because I believe that we should be consistent and it is only one city with one seal, and one government. Chair Hardemon: And the only thing we could do to be fair to the Mayor is to continue the item so he can be here. Commissioner Reyes: Let's continue this whenever he is here, because I would like to hear his rationale for this. Chair Hardemon: 1'l1 take that as the motion. Is there a second? Commissioner Carollo: Second to continue. Commissioner Diaz de la Portilla: To defer or just to bring it up a little bit later today? Chair Hardemon: Yeah, to defer it to another -- to the next Commission meeting. Commissioner Diaz de la Portilla: Another meeting, or just wait for the Mayor to come back on? Because 1 don't really care. I mean, it's no skin off my back to have it -- you know, an optional seal. Chair Hardemon: Yeah, that's what I'm saying. Why waste time on it? If the Mayor's not here right now, he doesn't have to rush to get here. Commissioner Reyes: Listen, if you want to vote for it and you agree with it, vote for it. If it has the majority, I just stated my opinion and that's it. Commissioner Diaz de la Portilla: No. What Pin saying is that 1 don't see the big deal, but I mean, I respect your -- obviously, I respect every Commissioner's opinion. But I don't see the big deal if it's only an alternative. We're not changing the seal, right? I mean -- are we changing the seal or are we just --? Chair Hardemon: That's what I'm saying. (UNINTELLIGIBLE) to answer. City of Miami Page 119 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Arthur Noriega (City Manager): He's about to get on. He's about to get on. Commissioner Reyes: But the seal -- from what I understand now, 1, Manolo Reyes, I want to change the seal and say, "Manolo Reyes, City of Miami Commissioner," and I change the seal with the palm trees different, you know, something like that. And you see, I believe we've got to be consistent and it's a matter of branding. Mr. Mayor, it's nothing against you or anything. I just want to know your rationale. Commissioner Reyes: I believe I understand what you're saying, Commissioner Reyes. And 1 understand your thinking. But it's not changing the seal, per se. It's changing the colors. Chair Hardemon: He's here now, so let's recognize the Mayor. Mayor Francis Suarez, (INAUDIBLE). Mayor Suarez: Thank you, Mr. Chair. So we obviously have an official seal. We've had it for a long time. This proposal does not change the official seal. It's not going to cost the citizens any money. This is simply if somebody designs a seal or an alternate form of a seal that we like that we think is nice that we want to market, that we want to wear, for whatever reason, it gives us a mechanism for being able to authorize the use of that seal without creating a legal problem for anybody. And I think it's that simple. It's not complicated. I've had residents that have sent me, you know, what I've felt were very nice proposed alternate seals. They're not going to replace the seal. They're not going to be on our City vehicles, on our -- you know. We can use them if we want to. If a Commissioner likes it, an alternate form of a seal, and it would go through this process and a Commissioner likes it, they can use it. They can use it on their letterhead. They can use it on -- I mean, if they want to. But it's not going to create any additional expenses, per se, or anything like that -- Commissioner Reyes: No, no, no. Mayor Suarez: -- or changing the seal. Commissioner Reyes: No. I'm not referring -- and Mr. Mayor, I'm not referring to the -- I mean, right now it wouldn't be illogical to go into an expense of changing all the seals of the City of Miami and everything at the City of Miami. What I'm saying is that I believe that we have a seal, and we should be consistent. And right now, let's say that I want -- instead of having the palm tree on our seal and I'm going to say, "Okay, Manolo Reyes, Commissioner, District 4," and 1 want a picture of my house in Cuba. (UNINTELLIGIBLE) I mean, that's what I'm trying to -- or the photo of my dog or a photo of -- or my photo. I mean, you know, that's what I want to avoid, you see, having people doing that. And 1 think we have to set certain parameters -- Manor Suarez: Sure. Commissioner Reyes: -- because our seal is branding. It's our brand -- Mayor Suarez: Of course. Commissioner Reyes: -- and everybody knows it. I mean, you walk around and you see that palm trees and the colors, and immediately, you identf the City of Miami. Now if I have one that is going to be red and yellow, and then instead of having the palm tree, it's going to have a dolphin on it, and the City of Miami. That's what I want to avoid, sir. City of Miami Page 120 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Mayor Suarez: Sure. And this does that, because what this does is it creates a mechanism. You couldn't -- just by virtue of passing this, you couldn't just put your face or your dog or anything like that on the seal, and call it the seal. You'd have to come to the City Commission, which by the way, could always change the seal, right? You can always change the seal by ordinance. So the City Commission has that authority, has that power. And this would allow for -- rather than changing a seal, like if someone creates an alternative seal or alternative version of the seal that we like, the Commission has the power to authorize it. Right now that does not exist. And this is what it allows for that mechanism. And that's -- Commissioner Reyes: Okay, I'm convinced. Okay, don't worry about it. I'll vote for it. Mayor Suarez: Thank you, guys. Chair Hardemon: Thank you very much. Commissioner Reyes: All right. Chair Hardemon: Now in regard to FR.4, that was the ordinance when we were having -- and I brought up the issue about -- Commissioner Reyes: Yes, sir. We did have -- Chair Hardemon: -- community redevelopment -- Commissioner Reyes: -- a (INAUDIBLE). Chair Hardemon: Right. And so, you know, it brings something to mind. Madam City Attorney, I don't know if SR.4 could actually -- if it requires the language of it or I would imagine, as well that we would have to bring an item that is more substantive in a different part of the Code to address it. But what I would like to do is to protect the procurement -- really the -- to protect the speed in which CRAs (Community, Redevelopment Agencies) are able to run through procurement scenarios, because we know that they're limited in their time and we're limited in how long the life of them -- that they are. And so what I found is we're in the same -- under the exact same procurement as are cities. We find ourselves in trouble, because the procurement in the City of Miami could go on for five years, seven years. I mean, and that's with fire under the situations. You've seen that in major projects. So my goal would be we shouldn't be under any procurement that lasts three years in the CRA, and that's incredible, because the idea is to be able to move the procurement to eliminate slum and blight in that area within the short amount of time that these CRAs exist. And so, my desire is to find a way in our Code that we create a section that applies to CRAs, that says that CRAs are -- should use this sort of procurement process, and that process will be more relaxed than it would be in our -- and I don't want to use -- really "relax" isn't the best word. But it will be different than what's in our general procurement process in the City of Miami. So I don't know if that -- I'm not necessarily trying to put that in here today. Butl want to acknowledge the fact that CRAs -- if we're going to have to have a procurement ordinance by law -- right? -- we have to have a procurement process by law, and it needs to mirror -- it says that it needs to be like the -- what's -- Ms. Mendez: Municipality. Chair Hardemon: -- municipality. Then in our procurement process in the municipality, we should carve out special exceptions, if you will, for CRAs so that we City ofMiami Page 121 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 can move the business of the CRAs quickly, because we know that they're under some time restraints. Ms. Mendez: So we will -- Chair Hardemon: (UNINTELLIGIBLE) a direction. Ms. Mendez: This is the first reading -- right. This is first reading. We'll see if we can -- if that is something that could be done between first and second reading. We may need to do some different drafting for that. And I really have to see how it jibes with the Florida Statute language that says that you have to comply pretty much with the municipality that the CRA is in. So I would really need a little bit more research. Chair Hardemon: Right. And that's fine. And I just want to make sure that whatever language that we use, I want it to follow the Code. I want it to follow the Florida Statutes. But whatever way that we can ensure that our CRAs are successful, that's what I want to be able to do. And so, if it takes an amendment to our Code to -- that says -- because say for instance, if we amend the Code to add a section that speaks directly to CRAs, then we do that; that way, if the Florida Statute says that we need to be able to use the Code that applies to the municipalities, you know, there it is. It allows us to do that. So I just wanted us to be mindful of the CRAs and how the CRAs conduct business, because I don't think that the state officials get it. They don't understand CRAs, and they don't understand how simple a measure like that can handcuff a CRA from doing good business. Commissioner Reyes, you're recognized. Commissioner Reyes: Yes. Madam City Attorney, as I recall, this same concern was expressed by Commissioner Hardemon the first time that this came in and this was continued, you see. It was deferred. Does that same concern -- and what I read down here, it says, "CRAs, by Florida Statute, must follow local Procurement Code regulation." Immediately, I remembered it was -- correct me if I'm wrong, Commissioner -- and you stated that concern the previous time that this ordinance -- Chair Hardemon: Right. It's a little different. It's a little different, because it's been clarified that the Florida Statutes have been amended and there's a change in law. So what's there is what the law is. And so, now I'm trying to move forward. I'm going to vote for this, but I want to move forward -- Commissioner Reyes: Okay. Chair Hardemon: -- with amendments that make the law and our procurement in relation to CRAs -- Commissioner Reyes: I do understand your concern, and I agree a hundred percent with it. You see, I do understand and agree with it. What I'm trying to do is make sure that that concern is taken -- I mean -- Ms. Mendez: We addressed his initial concern about the Florida Statute. I read him loud and clear based on this one. But just these electronic changes that are going to be made to the procurement process are supposed to really move along the procurement process in general. So you -- Chair Hardemon: But you know where I want to go. So even if -- so take this as if there is a move to create new legislation to move this thing forward and the idea that I have, let's get that done ASAP (as soon as possible). If I could have a roll call while I'm here, that would be great. So by the time I get to the County, you know, I can kind of prepare everyone there, because, you know, I'm obviously going to be a City ofMiami Page 122 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 proponent of the CRAs on the County level. And right now, the way that it's kind of set up in the County is that you don't really have that. So we just want to make sure that all of our CRAs are successful and that we're -- that we use procurement that makes sense for that organization, because it's under some different circumstances than the normal procurement would be in the totality of the City ofMiami. Ms. Mendez: We will definitely research that issue and talk to you in the next couple days, because if you want it to pass before you leave, we have to move quickly, so we'll research it accordingly and get back to you. Chair Hardemon: Is there a motion to approve the FR agenda? Commissioner Reyes: Move it. Chair Hardemon: It's been properly moved -- Commissioner Carollo: Second. Chair Hardemon: -- and seconded to approve the FR agenda. All in favor, say "aye. The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. FR.2 ORDINANCE First 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; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item FR.2 was deferred to the October 8, 2020, City Commission Meeting. For minutes referencing Item FR.2, please see "Order of the Day." City ofMiami Page 123 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 FR.3 ORDINANCE First Reading 7821 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "GENERAL PROVISIONS;" MORE PARTICULARLY BY AMENDING SECTION 1-16 OF THE CITY CODE TO ALLOW ALTERNATE SEALS ON LIMITED OCCASIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes ABSENT: Russell Note for the Record: For minutes referencing Item FR.3, please see Item FR.1. FR.4 ORDINANCE First Reading 7568 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE"; MORE PARTICULARLY BY AMENDING SECTION 18-72 OF THE CITY CODE, TITLED "APPLICATION AND EXCLUSIONS", SECTION 18-73 OF THE CITY CODE, TITLED "DEFINITIONS", SECTION 18-85 OF THE CITY CODE, TITLED "COMPETITIVE SEALED BIDDING", SECTION 18- 86 OF THE CITY CODE, TITLED "COMPETITIVE NEGOTIATIONS/COMPETITIVE SEALED PROPOSALS", SECTION 18-118 OF THE CITY CODE, TITLED "PUBLIC -PRIVATE PARTNERSHIPS", AND SECTION 18-119 OF THE CITY CODE, TITLED "UNSOLICITED PROPOSALS", ALL TO MODIFY AND/OR ADD ELECTRONIC SUBMISSION AND RECEIPT OF BIDS AND PROPOSALS FOR FORMAL SOLICITATIONS, REMOVAL OF THE CURRENT NOTICE ADVERTISEMENT REQUIREMENT OF PUBLICATION OF EACH FORMAL SOLICITATION VIA MULTIPLE DIFFERENT NEWSPAPERS, AND UPDATING CURRENT LANGUAGE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes ABSENT: Russell Note for the Record: For minutes referencing Item FR.4, please see Item FR.1. END OF FIRST READING ORDINANCES City ofMiami Page 124 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 7084 MAY BE INDEFINITELY DEFERRED Commissioners and Mayor A DISCUSSION REGARDING THE DOWNTOWN DEVELOPMENT AUTHORITY. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item DI.1, please see "Order of the Day. " DI.2 DISCUSSION ITEM 7091 MAY BE INDEFINITELY DEFERRED Commissioners and Mayor A DISCUSSION REGARDING THE CONSOLIDATION OF THE COMMUNITY REDEVELOPMENT AGENCIES. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item DI.2, please see "Order of the Day." DI.3 DISCUSSION ITEM 7905 A DISCUSSION REGARDING REDISTRICTING. Commissioners and Mayor TRESULT: DISCUSSED Chair Hardemon: We're moving on? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Yes, sir. Chair Hardemon: Do we want to handle DI Number 3? Victoria Mendez (City Attorney): Redistricting? City, ofMiami Page 125 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: Yeah. Do we want to handle that now, or do we want to skip it? Vice Chair Russell: You want to reconsider it, right? Commissioner Diaz de la Portilla: We can do it quickly. It's just -- we're going to begin the redistricting process. And this is just to direct the City Manager -- we don't have to have a long discussion. I know we have a lot of other things to talk about. But we do need to address the disparities that exist between different districts and deviations that exist, and -- you know -- the whole "one man, one vote" rule. We have some districts that have more voting age population people than others and we kind of need to readdress those boundaries. So what I've asked the City Manager -- we've discussed it and I discussed it with our Mayor, also -- is sort of to hire a professional consultant to come in and work with our City Attorney to sort of create a process that we can find and redraw districts in the City of Miami for the 2021 elections. And that requires a number of public hearings, input, and demographic studies to see exactly what we need to do to be -- where we need all the stakeholders to come in place and working together to come up with new districts -- new boundaries for existing districts. I made it clear from my perspective to our City Manager that we need to respect -- within the legal parameters that we have -- the fact that our City is very unique. The same way that we make decisions about who the Police Chief is going to be, we have to be very sensitive to an Anglo -- as we call it here in Miami -- district and an African -American district to protect those minorities that need categorical representation. Here in Miami, Anglos are -- Commissioner Russell, you're the minority. So we make sure that we protect those districts so that everyone has as voice and everyone has a Commissioner that understands them culturally and ethnically, and racially. And so, for that, those sensitivities are important in what we're doing -- what we're going to do, but we let the lawyers and the consultants kind of decide -- and demographers kind of decide where we're going to go and how it's fair for everybody else with everybody having input, obviously, every Commissioner and every -- and I would probably recommend that we do public hearings in every Commission district. And we -- obviously, the first thing that any consultant would do is meet with every Commissioner and kind of walk and talk through the details. Commissioner Reyes: Through the Chair. And I'm glad to hear that, as you stated, that we're going to make sure that there are certain seats that have to be protected. But my question is, when are this process is going to start? Commissioner Diaz de la Portilla: Immediately. So we have a conversation that our City Manager had, and everything is going to be done very transparently with Senator Galvano, who's also an expert in redistricting. He's someone which I recommended to our City Manager that he would come in. He's someone that has no vested interest in what happens in City of Miami politics, which is very important, because, unfortunately, if you bring people here -- you know -- I'm not overly cynical, but I mean, I'm somewhat cynical and people have their own political interests, and -- you know -- have their own political agendas. So we bring somebody from outside to consult and help us. He's done it three times and he was the head of redistricting in the Florida Senate, and he's going to be -- twice; first, in the Florida House of Representatives, then the Florida Senate. And now he's going to do it for the next Senate president, the guy who's corning after him, to redistrict. S, in Tallahassee, we did redistricting after every, census, because the population shifts occurred and we wanted to make sure that one district -- I'll give you an example. I looked at some preliminary numbers, but we do it based on voting age population. We don't do it based on registered voters. We can't do it based on that or a political party or any of that. We do it on voting age population, 18 and older. Commissioner Russell's district, I think, has 50,000 or something like that registered voters. I have 32,000. So he's representing a lot more people than I am. So those City ofMiami Page 126 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 deviations that exist and those differences have to be addressed. So some areas are - - we add territory to it, and we take territory away from other areas, geographic -- you know, to kind of balance it out so that every Commissioner represents roughly 100,000 people, and not registered voters. It's 100,000 people or 500,000 -- close to 500 we have in Miami. They use the census to kind of determine that. The census results -- final census results won't be known until '22, but they do extrapolations based on that. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: And then they kind of can determine the final. So the timeline -- to answer your question, I think, in a very convoluted way -- is that we probably want to have a map in place by March so that we can have new districts by the end of March, maybe early April. And then everybody knows where they're running if we're running in '21 and everybody knows who they represent, and who they'll be representing or (UNINTELLIGIBLE). Commissioner Reyes: Senator -- Commissioner, my other question is -- and I think you'll answer it, and I asked the City Manager. What type of data are we going to use since -- if we are going to use our census data from 2020, it won't be in Jroa long time, and what are we going to do? Are we going to do some type of statistical forecasting or statistical estimates or how --? Commissioner Diaz de la Portilla: Correct. And the City Manager is better able to answer that. I think Senator -- Senate President Galvano for -- because he's an expert on this, I'm not. He's gone through all the legal -- Commissioner Reyes: But you been in that process many, many times. Commissioner Diaz de la Portilla: I've done a lot of redis -- I did redistricting. Commissioner Reyes: Wow. Commissioner Diaz de la Portilla: He's a lawyer, and he has more of the -- you know, and the law's changed a little bit and we have a Fair Amendments Act -- a fair districts amendment that passed in 2010 so it's changed a little bit. So -- but there's an extrapolation that takes place. There's some preliminary information that's issued by the US (United States) Census Bureau that says this is the number of people we think is going to be the case and it's based on that. He thinks -- the Senate President told me when I met with him a couple of days ago that there will be -- he'll have a good analysis maybe by May. We had a little bit of a concern that it was a little bit too late. We want to know every -- we wanted to be able to tell every Commissioner -- or he can tell us whether -- you know -- these are the people you're going to be representing and these are the areas that are still in. But we have to be careful not to use any political considerations along the way. So there are community' of interest arguments. There are natural boundaries, whether it's a street or a highway that we take into account. And in Miami, in particular, and in some areas of Florida -- not only Miami, but in the case that we're dealing it was Miami -- is that we have -- you know -- the special things that we have going on here, which is we have to have -- and we should have -- because it's a way we have better government -- an African -American Commissioner and we have to have a non -- you know, and Anglo Commissioner to represent certain areas so that diversity is reflected and in its elected officials. We made better decisions, I think, as a result. Legally, the lawyers and Vicky and Galvano and the consultants will come up with a remedy -- you know -- legal remedies for all those considerations. Commissioner Reyes: Okay, all right. All right, thank you. City of Miami Page 127 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Portilla: And -- you know -- I'm going to read you very quickly some things -- you know -- just to kind of finish it up. I don't want to talk too much about it, because I think we'll have plenty of time to have the opportunity to talk about it, but I'm going to read you -- you know -- districts should use when possible well-known natural and manmade boundaries; rivers -- you know -- streets, manmade. It could be US 1. It could be the Miami River. It could be Biscayne Boulevard -- you know -- things like that -- that the minority group is large enough and compact enough to form a single -member district. We had a preliminary conversation, Commissioner Hardemon, about making sure that we protect -- we can't say 'protect." That's the wrong word -- that we legally figure out a way to have an African American district so that representation exists. So they have to be compact enough that we don't split those communities into different places so that they cannot elect an African American Commissioner --right? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- that we don't put too many of one community, in one place, and that's kind of part of the process of getting there. I think that this is good for Miami. I think the proper representation, the right amount of people -- Coconut Grove -- you know -- downtown Miami, Coconut Grove, these areas have grown exponentially, especially downtown Miami. So we have Commissioner Russell representing a lot more people than Commissioner Reyes or Commissioner Carollo, and that's not the way it should be. It should be even, right? So that's sort of -- or as close -- the deviation will be as close as possible, as limited as possible, so there's not too much deviation, and that's the approach. So we wanted the City Manager to move forward -- and that's what the purpose of this discussion item is -- in hiring a consultant. The City Attorney, who I've spoken to about this, also, will work with the consultants. And by the way, I'm talking about that they get demographers and other people that will help us and to begin the whole public hearing process, conversations with every Commissioner immediately once Senator Galvano conies onboard to tell us, "Hey, this is the hest way to do it," and for the Commissioners to say, "Wait a minute. No, we don't like that. How about this? How about that?" and to ask all the relevant questions going into December, and then the public hearings in the beginning of the year. There's no timeline, because he's the one -- and the City Attorney and the Manager will set up a timeline. But the idea is to get everybody comfortable with having their "new district" -- in quote marks, right? -- because some districts may be very similar, but some areas will be moved, obviously, because we have to change the boundaries to accommodate the shifts in population that everybody will know who their constituents are by the end of March, maybe the beginning of April, a loose timeline like that, but nothing later than that, to allow whoever's going to run for office in a reelection, or whoever is going to represent people -- you know -- where they hold their community meetings, what neighborhoods they go to and the shift in neighborhoods. Then, for example, Commissioner Reyes, you know that you don't have to hang out in Silver Bluff anymore -- as a hypothetical, right? -- and maybe you have to hang out somewhere else -- right? -- because you're not representing -- Commissioner Reyes: You want to take Silver Bluff away from me. Commissioner Diaz de la Portilla: Maybe, hypothetically, Commissioner Russell now represents Silver Bluff and now it's in his backyard, right? He could deal with that. But that's sort of the process, and it'll be a very orderly process. It'll be a legitimate process. It'll be a legal process, and it'll be an open process, and that's what we want to do -- Commissioner Reyes: Okay. City ofMiami Page 128 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Portilla: --1 think -- to have everybody in the right place. Commissioner Reyes: Okay, that's right. I'm looking at the number of voters that each district has, and you have 34,000 and Commissioner Carollo have 33,000 andl have 42,000; and D5 (District 5), 48,000. But, Commissioner Russell, as you well stated, has 59,000 he's representing. Commissioner Diaz de la Portilla: 59,000, right. Commissioner Reyes: I mean, there is a disparity. I mean, there is -- Commissioner Diaz de la Portilla: That's the issue. Commissioner Reyes: That's the issue, a disparity that -- Commissioner Diaz de la Portilla: And there's a deviation that occurs of a certain percentage that says, "Wait a minute. That's not constitutional," that you have someone -- a Commissioner with one vote representing more people -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: -- than the rest of us, so that's the balance. So we take the -- Commissioner Carollo: What does District 5 have? Commissioner Reyes: District 5 has 48,048, 48 zero 48. And you have, Commissioner Carollo, 33,072. Commissioner Carollo: You know, even though it doesn't go by that; it goes by population. Commissioner Diaz de la Portilla: It goes by voting age -- Commissioner Reyes: By voters. Commissioner Diaz de la Portilla: -- population. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: 18 plus, right? Commissioner Reyes: Regular voters. Commissioner Carollo: Yeah, voting age population. Commissioner Diaz de la Portilla: Yeah. You could only take it by voting age population, because we have people that are not citizens -- right? -- in our districts. Commissioner Reyes: That's right, particularly, in your district. Commissioner Diaz de la Portilla: In my district and your -- and Commissioner Carollo's district. Commissioner Reyes: Carollo's and some in mine, too. City ofMiami Page 129 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Portilla: The people that are not citizens cannot afford to live in Commissioner Russell's district, so they have to live in other parts of our City -- right? -- so that's what happens. So you can't go by registration. You can't go by party affiliation. You got -- you have to go by voting age population. Commissioner Reyes: Voting age population. Commissioner Diaz de la Portilla: And so that's -- so what you're look -- but if you look at the registration, you have an idea of where the population shifts occur. So you know for a fact that Commissioner Russell's district has grown exponentially over the last four or five years. You just have to look at downtown Miami to know that -- right? -- because that's where they're moving, that's where they're going, and that's where people are coming from New York and from other parts of the country. And that's sort of what -- how we need to address that issue and to begin to move some of those boundaries to make sure that everybody has the same amount, more or less -- right? -- not the same amount, but more or less the same amount of voting age population residents in their district. And that's what we want to do. And I think it should be a process that's done after every census, the way it's done throughout the country, because it just allows for that one man, one vote rule that -- you know -- matters to who you represent, and to the voice that every individual has with their elected -- in a representative democracy, and that's what we're trying to do here. There's nothing -- Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: -- you know -- political about it. There's nothing -- it's just a simple situation that we need to have the proper representation, and that's what we want to do moving -- or at least begin that process and then we have a debate. Commissioner Reyes: Okay, that's fine. Vice Chair Russell: How do you guys feel about two more Commissioners (INAUDIBLE) ? Commissioner Diaz de la Portilla: That's nay, discussion item. Say what? Vice Chair Russell: So we have seven? Commissioner Carollo: What's that? Vice Chair Russell: Seven Commissioners. Commissioner Diaz de la Portilla: Well, we can have that conversation. Can we have a couple at large? Does that dilute minority representation in the City of Miami? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: We don't know but I'm open to that conversation, by the way. And I think we have professionals doing this. We can have those conversations. I'm not a guy that -- look, I think that maybe that could be a case. There's a case to be made for that. The problem with that sometimes is that when you have it -- remember, when you have it citywide, you're probably going to elect a Hispanic American to the citywide race, and that actually dilutes some minority -- what is a minority in Miami -- right? -- so you may dilute African American representation, as an example, because you're electing two more Hispanic City of Miami Page 130 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Americans. In a Miami -Dade County -- in a City of Miami election, you're more likely to elect a Cuban American than you are to elect any other minority, including you, Commissioner Russell, because you're a minority here. If you go anywhere north of (UNINTELLIGIBLE) -- Vice Chair Russell: Somehow a Japanese American got elected, somehow. Commissioner Reyes: That's true. Commissioner Carollo: Wait, wait, wait, wait, wait, wait, wait, wait, wait. You mean, you're not Anglo? You mean that I went through all that suffering to make sure we had an Anglo district and an African American district, and you're telling me you're not an Anglo now? Vice Chair Russell: (INAUDIBLE). Commissioner Reyes: You don't know who you work for, Joe. You don't know who you work for. Commissioner Diaz de la Portilla: Everything is -- the most important thing that I want to do, seriously, is to make sure that this is a completely open and transparent process, with public hearings, with everybody having input, and so that people understand. It's not an easy -- you know, it's not easy for the average voter to know the importance of it, but it really is, in terms of proper representation, I think. And I think it's the right way to do it. And maybe, Chairman Hardemon, you leave a little legacy that we do something over ten -- a legacy, over ten years that every ten years we do this -- right? -- after every census to make sure that we get it right. And so, we take it from here. I mean, and that's the discussion item. But I also want to direct -- or ask our City Manager and our City Attorney to move forward with the whole process so we get it on track, and we have a timeline, and to come back to us with a timeline of when we're going to have our public hearings, when we're going to have our debates, our conversations. And 1 would like for our consultants and our demographers to meet with every Commissioner, sooner rather than later, but get input from everybody as to what we want to do here. Commissioner Reyes: All right. Okay. Commissioner Diaz de la Portilla: That's it. I mean, I don't need a motion or anything. It's just a conversation and discussion. Commissioner Reyes: One second. In my opinion -- I don't have any more questions. Chair Hardemon: All right. So now what we can do is we can move quickly through the -- as quickly as possible through the PZ (Planning and Zoning) agenda. Commissioner Diaz de la Portilla: Yes. Chair Hardemon: There isn't anything, Mr. Clerk, that needs to be read into the record, right? There's nothing that needs -- Commissioner Diaz de la Portilla: Before you do that, Mr. Chairman, can we -- do we need to formally ask our City Manager to move forward, or can he do it -- just give him the discretion to do what he needs to do on the redistricting item -- Chair Hardemon: I think -- City ofMiami Page 131 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Fonda- -- or just say it and that's it, and move on to the PZ agenda? Chair Hardemon: Yeah, we just move on. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: You just -- I think that you just gave him a directive already. Commissioner Diaz de la Portilla: Yes, yes, but 1 just wanted to make sure that everybody is in agreement. We're all -- okay, all right. Thank you. Victoria Mendez (City Attorney): You can always formalize it if you want everybody to say, "Yes, we're going forward with redistricting." But a directive is fine. I didn't hear any objections. Commissioner Diaz de la Portilla: I don't think we need to formalize it. I think nobody objected to it, so I think we're fine. We're good to go, I think. Ms. Mendez: Perfect. Commissioner Diaz de la Portilla: I always count on my City Attorney to give me my advice, because -- you know -- I'm a newbie to Miami and how you guys do it here in my hometown. END OF DISCUSSION ITEMS City ofMiami Page 132 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 BC.1 6330 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Andres Althabe Commissioner Ken Russell Shaun Spector Commissioner Joe Carollo ENACTMENT NUMBER: R-20-0301 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Diaz de Ia Portilla, Carollo, Reyes ABSENT: Russell Chair Hardemon: All right. Is there -- are there any hoards and committees that we need to address? Todd B. Hannon (City Clerk): Yes, Chair. BC.1. Commissioner Russell will be appointing Andres Althabe. Commissioner Carollo will be appointing Shaun Spector. Chair Hardemon: Is there motion? Commissioner Carollo: A motion. Commissioner Reyes: Second. Chair Hardemon: Properly moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. Clerk, is there anything else on that? It's just that? BC.1, that's it? Mr. Hannon: Yes, sir. I'm sorry. My apologies, Chair. Chair Hardemon: No problem, no problem. END OF BOARDS AND COMMITTEES City ofMiami Page 133 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE Second Reading 6531 Department of Planning 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, 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: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.1 was deferred to the November 19, 2020, City Commission Meeting. For minutes referencing Item PZ.1, please see "Order of the Day." City ofMiami Page 134 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 PZ.2 ORDINANCE Second Reading 6532 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CHANGE THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM "CI", CIVIC INSTITUTION TRANSECT ZONE, TO "T6-36B-O", URBAN CORE TRANSECT ZONE — OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.2 was deferred to the November 19, 2020, Cit} Commission Meeting. For minutes referencing Item PZ.1, please see "Order of the Day." PZ.3 ORDINANCE First Reading 5694 Department of Planning 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. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.3 was continued to the October 22, 2020, Citj Commission Meeting. For minutes referencing Item PZ.3, please see "Order of the Day." City ofMiami Page 135 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 PZ.4 RESOLUTION 7718 Department of Planning A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY SHARON CASTRILLON AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SECTION 23- 6.2(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE NEW CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE AT APPROXIMATELY 713 NORTHWEST 7 STREET ROAD, MIAMI, FLORIDA 33136, A VACANT LOT WITHIN THE SPRING GARDEN HISTORIC DISTRICT. ENACTMENT NUMBER: R-20-0304 MOTION TO: Remand to Historic Environmental Preservation Board RESULT: REMANDED TO HISTORIC & ENVIRONMENTAL PRESERVATION BOARD MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Chair Hardemon: Okay. Now we have PZ.4, which is the HEP (Historic and Environmental Preservation) Board decision appeal, 713 Northwest 7th Street Road. Can we elevate those participants? Francisco Garcia (Director, Planning): Mr. Chair, mindful of protocol, is it the case that a number of us need to be sworn in at some point in time? Chair Hardemon: If they're going to be testing. If yort have witnesses that will be testifying, those witnesses will be sworn in, 1 would imagine. But / would -- Victoria Mendez (City Attorney): It would be -- Chair Hardemon: Go ahead. Ms. Mendez: Right. The remote people, Ms. Castrillon and Mr. Calil, they were supposed to send Olga Zamora their affidavits. Did that happen? Unidentified Speaker: Yes. Ms. Mendez: Mr. Calil, we cannot hear you. You have very low volume. Commissioner Diaz de la Portilla: There's no volume. Eduardo Calil: I'm not sure if you can hear me better now on this. Okay. Testing, testing, testing testing, testing, testing, testing, testing, testing, testing, testing. Can you hear me? Unidentified Speaker: You might want to try reconnecting to Zoom. Mr. Calil: Can you hear me? Hello, hello, hello? Testing, testing. Can you hear me? Hello? City ofMiami Page 136 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Ms. Mendez: Mr. Calil, you're going to -- you're -- it's super, super low, so you're going to have to hang up and reconnect again. Mr. Calil: All right. Let me try. Ms. Mendez: Oh, maybe -- Did you change position or something? Because we heard you for a little bit. Mr. Calil: Yeah. I'm moving around to see what's the best angle. Chair Hardemon: That's not good enough. Ms. Mendez: Okay. It's not good enough pursuant to our Chairman, so you're going to have to hang up and call back in. Mr. Calil: Okay, I'm going to do that. Ms. Mende: Thank you. Mr. Garcia: If you're speaking, Mr. Calil, we still cannot hear you. Mr. Calil: (UNINTELLIGIBLE). I don't know if you can hear me here, but I called in from my phone, also, so I don't know if that's another (UNINTELLIGIBLE) for you to hear me. Unidentified Speaker: Your phone is muted. If you can unmute your phone call, I've promoted it to talk, so. Mr. Calil: There we go. Can you hear me now? Unidentified Speaker: We do have feedback. Mr. Calil: Perfect. Chair Hardemon: The issue that you have now is that you have feedback from your computer and your phone. Mr. Calil: Hold on. I'll just walk away and do my speech. Hold on. Good afternoon, members of City Commission. I want to start our presentation with the conclusion made by City staff and their analysis for the Special Certificate of Appropriateness on our design, as they provided substantial and competent evidence to our compliance with the design in the historic district of Spring Garden. In their report, City staff states proposed -- hold on. I don't know if I introduced myself. My name is Eduardo Calil, from Calil Architects. And I'm introducing Ms. Sharon Castrillon for our design. All right. I'm going to continue with City staffs report saying that the proposed new single-family residence is a two-story structure of contemporary design that incorporates several design cues from the wood frame structure that previously occupied the site. City staff continues to state in their report as to how our design succeeds in meeting the requirements based on Chapter 23 of the City Code of Ordinances and the Secretary of Interior of the United States of America. According to the Secretary of Interior standards, new construction related to historic buildings shall use the same forms, materials, and color range of the historic building in a manner that does not duplicate but distinguishes it from the original building, basing alignment, rhythm, and size of windows and door openings of the new building on those of the historic building. In this case, we're not discussing a historic building specifically, but more of a historic district. City staff followed the guidelines of the historic structures set forth by the Secretary of Interior City ofMiami Page 137 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 of the United States of America with their report. They break their evidence -based analysis on -- they break down their evidence -based analysis on six criteria, including form, height, space, yards, materials and rhythm and pattern of windows and doors. I would like to quote a few of those items, specifically, form, materials, and rhythm of openings and pattern. Form: The proposed structure has a contemporary appearance; however, it takes a number of design cues from the existing historic structures within the district and the wood frame house that previously occupied the site, including board form stucco that resembles horizontal wood siding, smooth stucco, a flat roof with a parapet, eyebrows, a covered entry, a carport, a three -bay front elevation, with an appropriate window and door pattern. The overall design of the structure resembled the historic structure that previously occupied the site. On materials, the materials are consistent with those used on historic structures in the district. Rhythm and pattern of windows and door openings: The proposed fenestration on the front elevation is consistent with that of historic structures in the district. Staff did their job, and they provided a report with substantial and competent evidence. They concluded that our design and it's following with the guidelines set forth by the Secretary, of Interior of the United States of America and those set forth by Chapter 23, entitled "Historic Preservation" of the City of Miami Code of Ordinances is appropriate with this neighborhood; that this design does not adversely affect the aesthetic interest or value of the historic district. We have worked hard with City staff as well as with neighbors for the -- of the property and have been at this project for a long time to ensure that this design blends well with the neighborhood. We would like to finish by stating the conclusion by City staff City staff got it right with their substantial and competent evidence report. I'm going to hope now that there isn't too much reverberation to show -- let me see. I'll just go over this briefly. This is the design that was presented. And here we're going forth with materials that we used for the project. Here we have our revised landscape plan. This was not what was submitted to the Historic Preservation Board in the last meeting, because we revised it based on their comments. Most of the comments had to do with the actual landscaping, with an oak tree in the front of the property and increasing the landscaping on the sides. So with regard to that, we actually did take notes on -- with regard to the landscaping and revised it per not just their comments, but neighboring property's comments that we had via a Zoom meeting a few months ago. Here are pictures of the existing vacant lot. Here are pictures of the actual street, 7th Street Road, where our property is. The two images on top are properties directly to our north. The other four are properties directly towards the south, two of which are recently approved and constructed residences within the last few years, including two that were approved by the Historic and Environmental Preservation Board; the two being 641 Northwest 7th Street Road and 631 Northwest 7th Street Road. 641 was an addition/remodeling that was made to look more modern than it was prior. And 631 was a new residence constructed. Here we have images of the two-story residences on the site on the street. The two properties to my north happen to have two-story structures on them, and those are the two modern properties to the south of my property. So that -- you could see the height difference between one and the other. As you can see, some are taller, some are lower. And I did an analysis, a quick analysis to see if the two properties to the north were actually built to flood criteria, they would be slightly taller than my property, as well. And here you could see an analysis of what the height of the building would be if we went to maximum Code in comparison to the height of the structure, the design that we designed. And here we have part of the analysis that I read at the beginning. It has to do with the form of the structure and how we actually used the existing or the previously existing structure as a guideline, which actually resembles a good amount of properties within the neighborhood in their form; not necessarily their execution, but their form. And we included a couple of pages of the residential images of flat roof residences within Spring Gardens. As you can see, most of these are flat roofs with a parapet, similar too -- not exactly similar, but different styles to what we're City of Miami Page 138 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 proposing. Another Historic and Environmental Preservation Board approved residence nearby. And these are closer to our street, including, you know, our neighbor to the south is a flat roof residence, as well as those two that are slightly more south to our property. Thank you. If you have any questions, I'm willing to -- I can answer anything that you may have. Chair Hardemon: Okay. So that was your introduction, or do you -- you're complete? Mr. Calil: No, I'm complete. I'm finished. If you have any questions, I'll gladly answer. Chair Hardemon: Before we go on to any questions, Mr. Garcia, is there any information that you want to present from the perspective of the City? Mr. Garcia: Thank you for the opportunity, sir. My colleague, Warren Adams, the Preservation Officer, is on the conference, as well. I defer to him, if he cares to add any information. Mr. Hannon: I'm sorry, Chair. My apologies for the interruption. Mr. City Attorney, does the oath need to he administered to the City staff, or have they already taken their --? Have they already been sworn in? Barnaby Min (Deputy City Attorney): They do need to be sworn in if they have not been sworn in already. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: And your response is? Mr. Garcia: 1 do. Warren Adams (Preservation Officer): I do. Mr. Hannon: Thank you, Mr. City Manager -- I mean, City Attorney. Mr. Adams: Good evening. Warren Adams, Preservation Officer. The history of this site is there was originally a wood frame building on it. Back in 2015, the property owner applied to the Preservation Board to demolish it. The application was denied. It was appealed to City Commission, and City Commission approved the demolition. The house was torn down and a new proposal for a single-family home was taken to the Board back in 2016, and there were a number of conditions attached to that. These conditions were carried forward into this new proposal, which is being done by a new owner of the site. So the conditions at the time were: Number one, all glass shall be clear, which this property has. Condition two was the exterior wall finishing shall be simulated stucco and simulated planking, which this proposal has. The third condition was the applicant should consider a tile roof instead of an asphalt shingle. And this was where I advised the applicant that they may have problems going ahead with a flat roof and the applicant was insistent that they wanted a flat roof. And so we took it to the Board with the possibility that the Board could ask for a pitched roof and which they did not do. And the fourth condition was that the new building pay some homage to the frame vernacular building that existed on the property. Such detail shall include, but not he limited to the representation of horizontal siding in a contemporary way. So what the Board did not look for was a reconstruction. They looked for a building that paid some homage to the previous wood frame building and that is really what the applicants City ofMiami Page 139 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 attempted to do. We took it back to the Board, and the request for approval was denied by three votes to six. Commissioner Reyes: Question, sir, ifI may. The applicant, they -- I mean, all the requirements that were placed before them, they complied with it, right? Hello? Mr. Adams: The previous conditions? Commissioner Reves: Yes, all the conditions. I mean, the things -- this is one thing that 1 don't understand. It's not that 1 am against historic preservation and all of that. I agree that, I mean, probably certain type of architecture in some neighborhoods should be, I mean, preserved. But the truth of the matter is that the house was demolished and that's an empty lot. And it has an owner that, in my opinion, has all the right (INAUDIBLE) a house to their liking, you see, as long as it is not something outrageous. But, I mean, if you ask for a type of a roof but there are other roofs -- flat roofs in the area. I don't know anything about this proposal of this building, but it's a question that I have in my mind. Why are we denying these people the -- I mean, that they cannot build the house they want? Chair Hardemon: I want to speak on -- okay. I want to kind of touch on that a little bit. And the house that was there -- First of all, it wasn't a vacant lot before -- let me be clear. There was a structure on that property, on that lot. That structure was a contributing structure. And this Board had an applicant, the previous seller to this owner, that came to this Board and asked us to demolish the property. Commissioner Reves: Okay. Chair Hardemon: Demolishing a contributing structure is a very big deal in a historic district, especially in Spring Garden. Spring Garden is a community that is highly sought after, because of its proximity to the water, right? It's right on the water. They're kind of tucked away from a lot of the happenings really in the busy, hustling City of Miami. And in this app -- if you all remember, it was a really big deal. Former -- I think a firefighter or something of that nature -- I mean, touted on -- really tried to pull the heartstrings of the Commission and how that person, all they wanted to do was rebuild this structure to make it safe in the exact same likeness of the house that used to be there. And many people in the community begged us not to do it. And because of the applicant and the presentation, and the promise that this house was going to be built in its likeness again to be a contributing -- really to contribute back to the community the way that it should have been, we agreed to do it. And what it appears to me is that we were bamboozled, because now, here we are -- right? -- with the next applicant who acknowledges, I mean, in the presentation that, look, there was a previously approved design that went through PZAB (Planning, Zoning and Appeals Board) and through this Board. And now, here we are with a different design than what was promised. And it's one of those things where it's like I don't know how we could have done it differently in the sense of we all agreed that this structure that was supposed to be there was supposed to be built in a certain type of way, because it is in an historic district and it was a contributing structure. And for my new -- the new -- like for Commissioner - - for Alex Diaz de la Portilla, a contributing structure is a structure that probably would never be demolished but for life safety reasons. Commissioner Reyes: Yeah. Chair Hardemon: And I mean that's, you know -- in the instance -- and the unfortunate part about it is that this is a history that people in Spring Garden are starting to feel like happens again and again, because, for instance, the old Seybold house, that was neglected and was promised to have been built right back in the City ofMiami Page 140 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 same likeness. And this has been since the time that 1 started as Commissioner. And I've been pushing; Francisco knows this. We put it on an expedited list for the City of Miami. And this is one of those things where I really do believe that someone has within the City -- I'm going to take a feather out of Commissioner Joe Carollo's cap for this one, but I feel like we're being sabotaged, because there's no reason why -- We have the money that's there and we have the plans, I mean, everything that we needed to move the project forward, and it didn't move forward. And so this is in that same neighborhood. This is a contributing structure. This was demolished with a promise of being rebuilt in the same likeness. And all that was done was being -- it was shot to the next person. 1 guess the perfect person to get the house demolished would have been the applicant that asked for it. Now here we are with another applicant that's asking to build a structure that's different. And I appreciate the design that you showed that it mirrors some of the other houses in that space, but none of them would have been that original house that was there that would not have been demolished in the first place but for it being rebuilt in its exact likeness and for life safety reasons. And so, the woman that had the presentation, if I remember her correctly, she promised us she was going to live in the house. This was her dream property. I mean, it went on and on and on. It was one of the toughest decisions that we make, and we did it. And now, here we are again, in a very short time period, with a different application for a different design. And I think that's probably why the PZAB voted it down, because they remembered. Francisco, were you --? What did you (INAUDIBLE) --? Commissioner Diaz de la Portilla: Mr. Chair, Mr. Chair. Chair Hardemon: Before you go, I want to get (INAUDIBLE) -- Commissioner Diaz de la Portilla: What do you --? You know the history, I don't. What do you recommend? What do you want done here? Chair Hardemon: I would like the original -- If it were up to me, what I would ask this Board to do would he to deny the appeal from the HEP Board, that we would stand with the decision of the HEP Board. Commissioner Diaz de la Portilla: Can I move that and then we take -- we have the debate after? Chair Hardemon: Yes. Commissioner Diaz de la Portilla: Okay. I want to move -- I want to make that motion then, sir. And then -- Chair Hardemon: Seconded by the Chair. Commissioner Diaz de la Portilla: -- you take it from there. Chair Hardemon: Now (INAUDIBLE). Commissioner Diaz de la Portilla: It's your district. You represent it and you know Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- the history. Commissioner Reyes: But could you please -- excuse me, because I have to clear my, mind. Could you please be more specific? What you are trying to do is you are City ofMiami Page 141 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 denying the appeal? You want to deny the appeal and the project -- I mean, not -- 1 mean, what it would do is it will -- the project that is proposed will not take place, right? The house will not be built. Chair Hardemon: Not in the design that's being set forth, but the house will be built in the exact design that was (INAUDIBLE) -- Commissioner Reyes: That was approved before. Chair Hardemon: Yes. Commissioner Reyes: And if my memory doesn't betray me, they were before us a couple of years, last year or at the beginning of -- Chair Hardemon: It wasn't too long ago. Commissioner Reyes: I mean -- Chair Hardemon: It wasn't too long ago. Commissioner Reyes: -- I remember about what you mentioned, when you mentioned, "It's my dreamhouse," and all of that. Is this the same owner that came before us? Chair Hardemon: No, no, no. That owner sold to this owner. Commissioner Reyes: Okay, but what fault does this owner have now that the other owner got -- I mean -- Chair Hardemon: Well, the thing about it is that, I mean, we could speculate as to -- you know -- the cost of acquiring the property. We could speculate to having to go through the HEP Board and demolishing the house in the first place. I mean, who was the best person to actually move it through. I mean, you could speculate to -- hold on one second. Hold on one second. We could speculate into a number of these different issues. But ultimately, the property that was demolished is a property that - - it's like it would have been one of the most protected -- it is. It still is to this day -- most protected classes of properties in the City of Miami. And but for what was promised to this Commission, it would not have been demolished. For instance, 1 highly doubt that even if this property owner had the property intact and proposed to demolish that structure and built a different structure, even with similarities that it would have still been greatly opposed, because it wasn't -- because you were tearing down a contributing structure and replacing it with something that was not that. Commissioner Reyes: I do agree with you, but it is demolished. It was demolished. It's irreplaceable. It shouldn't have been demolished. But now, how are we going to solve this problem? Mr. Calil: If I may interject for a second, because I also -- I've designed in areas that have historic districts multiple times, including in Coral Gables, and I've had many meetings with the Historic Board there, as well. And if you have a structure that's existing -- an existing structure that's historic, whether or not it's in flood zones or not, you are actually prohibited from demolishing the historic structure, period. You design around it, you design additions to it, but the more important historic portions of said structure, you don't touch that. You reinforce it, you scaffold it if need be, to an extreme scenario. And the Secretary of the Interior of the United States of America actually states -- you know -- guidelines, because it's a guideline. They tell you you can even go to the extreme of actually lifting the City ofMiami Page 142 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 structure, reinforcing the foundation and protecting it further from flood level criteria. So there are solutions to this, and I've seen it done. You see it in Europe a lot. They actually do raise the structures to avoid flood waters, to avoid -- you know - - like overflooding of rivers to protect the existing structures. But we're not discussing (INAUDIBLE) -- (MULTIPLE PARTIES SPEAKING IN UNISON) Mr. Calil: And I do understand your point; yes, of course. Chair Hardemon: (INAUDIBLE) presentation, all of that came into a discussion. They gave lots of testimony. They brought lots of witnesses, experts that all said that - - you know -- what was being -- what would have been required would have destroyed the property, would have this, would have that, because they wanted to live in the property. I'm just telling you the -- Mr. Calil: Yeah. I would disagree, because we're actually currently doing that in Coral Gables. I mean, it's reinforcing the heck out of it. Chair Hardemon: Every property is different. Every property is different. Mr. Calil: But you're supposed to repair as much as you can, but -- you know -- add and remodel and update, but not demolish. Once you demolish -- and they've actually told me that; that if the -- from some sort of negligence something happens, the owner would be fined if the existing historic structure were to fall for any reason, they'd be fined, but the new design would have to be a new design, not a replication because it's -- you know -- at this point, it's a new property. And I definitely respect historic neighborhoods. I respect historic residences. If this were a historic house, I would absolutely do an addition that doesn't replicate, because actually -- even if you do an addition to a residence that's historic, you're not supposed to replicate. As a matter of fact, the historic district -- or departments tell you do not replicate. Do something that pays homage, that works with its scale, maybe it's fene -- you know -- similar fenestrations, but you don't replicate the structure. Maybe they even tell you to change the finish so that it distinguishes the original structure front what's new, because you want to respect what's new, but it's never supposed to overshadow what's historic. Commissioner Reyes: Through the Chair. I do understand your position, Mr. Commissioner. 1 do understand it. But my concern is, I don't know -- because I don't know any value, but my concern is that these people that bought the house, you see, and now they want to build in that lot -- I mean, we are -- they are going -- I think they're being victimized, because -- I mean, they bought an empty lot, you see. Chair Hardemon: No, they knew where they bought. And when you buy -- they knew what they -- Commissioner Reyes: But it had come before us, and we had voted to allow them to build in that lot -- or the previous owner, which was a lady, and I thought it was her, you see. And that I remember, I mean, about, "my dream home, and I'm going to live on it." I mean, and you are right. We were bamboozled. I know that; now I know. But what I want to know is now that this -- these new owners, they are in this predicament that they bought a house in a lot that had a historic house and they want to build on it, how can they build on it? Is there any way that they can (UNINTELLIGIBLE) or they, have certain conditions that they be able to build a house in that lot? City ofMiami Page 143 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: Well, certainly, Mr. Adams presented a plan that -- well, Mr. Adams agreed that the house could be built as they presented, and it would fall within the guidelines. When it was presented to PZAB, PZAB rejected it; that's why the vote is what it was. Now, I want Francisco to really kind of talk to us about helping us being able to have a better understanding of exactly what has happened. Commissioner Reyes: Yes. I would like Francisco to tell me, I mean, is this -- is there any way or that lot will not ever be built unless it is a replica of the old house? I don't know. Mr. Garcia: So I will -- thank you for the opportunity. I will summarize. First up, I'll share with you that a couple of years ago when this item was heard by the City Commission, your Planning Department and your Preservation Office recommended against the demolition of the building. But we all agreed that the then property owner made a very impassioned plea with a good result. That said, and once the existing structure was demolished, I have to agree with Mr. Calil that best practice is once the structure is demolished, is that the same building not be replicated or rebuilt, essentially for the reasons that have been stated, which are that the new Building Codes that apply today wouldn't apply to the structure (INAUDIBLE) would inevitably result in a somewhat more (INAUDIBLE) building, and that would not do the original justice. With that in mind, the best outcome we feel is a building that its structure is a single-family residence in this case that both respects the character of the area and relays well or it harmonizes with its context. We feel in our professional opinion that this proposal does so. However, if the particular design does not pass muster with the Commission, an alternative certainly is for the Commission to remand this particular application to the HEP Board with specific instructions as to what it would like to see, because, to be quite frank with you, the Historic and Environmental Preservation Board, upon their series of reviews, were frankly less than clear and coherent in providing feedback to the applicants, so I think everyone would benefit from that. Commissioner Reyes: So to make it clear, your advice is to send it hack to PZAB? Mr. Garcia: With specific directions if at all possible, because everyone would benefit from that. Commissioner Reyes: Okay, that is fair. I don't know. I mean -- and I just want -- I'm trying to be fair. And I know what -- why the Chairman is really upset, because we were taken for a ride, I mean, and you're right, and we have to -- that is a historic neighborhood, and we have to do everything that is possible to protect that neighborhood. And at the same time, any construction that is going to take place have to be in agreement with the neighborhood and have to be protected. But Commissioner, what do you want to do? Chair Hardemon: I'm going to acknowledge the Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. I was about to ask the exact same thing Commissioner Reyes said. Commissioner, if you feel that the presentation as proposed is certainly not up to muster with the Historic Preservation Board's recommendations, do you feel they need to go back to square one to what was agreed in that original HEP Board decision and Commission decision? Or do you believe there's a middle ground that they need to alter what they've presented to make it more in line with the vernacular of the community? Chair Hardemon: I'm sure -- You know, it makes me a lot more comfortable if what was agreed to in the past was what we all (INAUDIBLE) -- yeah, correct. However, politics is about, you know, compromise, right? City ofMiami Page 144 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Reyes: Yes, sir. Chair Hardernon: And to that extent, at least if they went back to HEP Board and garnered the HEP Board's support with somewhat of a mediation or a meeting of the minds when it comes to the sort of design that will be acceptable to them, because, look, I'll be honest with you. Do I think that they're victims? No. I think that someone -- you don't buy in Spring Garden vacant lots unless you're savvy, and you have the resources to hire someone like Mr. Calil and do these specific HEP Board applications. 1 mean, this is a complicated process. This is not, you know, someone buying their first house with a three percent loan. Right? So there's a bit of savviness that I know goes on into these types of deals. But with that being said, I'm also -- I try to be cognizant of -- 1 know how we all feel. I mean, I've been serving on this board for a long time. And we all have respect for property owners' rights, but we also have respect for our historic districts. And so -- you know -- the people who buy in historic districts buy there for a reason. They buy there, many of them, for the protections that are there. They fully expect the homes to continue to reflect the way that they are for many, many years. And honestly, it makes me feel like we failed by simply having -- to have been bamboozled by people that we thought were doing good, you know? And so, it just -- it really -- it upsets me to be here having to talk about this issue again. Which reminds me, before I take a vote, Jennings disclosure. We have a Jennings disclosure. I know certainly that at least one person in Spring Garden reached out to me regarding this issue, simply saying that this issue was coming up and I interpreted it -- they said that the issue was coming up and reminded me that this was the same property that we approved in the past. So I want to make that to be known as a Jennings disclosure before I take a vote on this issue. Mr. Calif: If I may say one more thing. Chair Hardemon: Yes. Mr. Calil: We did present a completely different design back in November, and that design was not recommended by Historic -- by Mr. Adams. He didn't -- he gave a report which basically just stated that I complied with one out of the six main items that he -- and that was completely denied. And I listened to the Historic Preservation Board, and I stated my case. And they actually said to me, almost verbatim, this -- that they understand, because they had a few neighbors cone up and state that this was not the previous design. This was not the previous design. 1 think I had five neighbors show up to say that statement. And I made my statement saying that it does not need to replicate. As a matter of fact, it's against the guidelines, or -- you know -- it's not what the guidelines state to do for historic properties. But we listened to the Board's comments and we redesigned based on the Board's comments, because they stated, "It does not have to replicate. It can be a flat roof residence." And one of the things to help our case would be to show that we are not maximizing our height, that we are actually -- compared to neighboring properties -- at a lower scale, which works with the neighboring properties, which works with the existing historic neighborhood. And if I'm not mistaken -- and Mr. Adams, please correct me if I'm wrong -- I believe that in your original report with the design presented by the previous architect, you actually mentioned that the design does not have to replicate; that you did approve it although replication was not a necessity or even a recommendation. I'm paraphrasing but that's from your -- something from your original report for the original design. I think that the previous applicants did that design to make it easiest for them; not because it's necessarily approved. And I do believe that that design should never -- the original building should never have been demolished, but this is where we are. So yeah -- City ofMiami Page 145 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Reyes: Well, do you think that we should send it back to the -- I don't know what the Commissioner want to do. You want to send it back? Francisco, what do you think? Mr. Garcia: Again, based on the testimony provided here today, a remanded case back to the HEP Board is most prudent. But again, I have to emphasize if that is the case, specific guidance from the Commission is going to be very much welcome, because they've been before the HEP Board a number of times. And again, the feedback they've received simply has not been clear enough to provide a positive outcome. Commissioner Reyes: It's up to them then to pay attention to what the HEP Board says. Chair Hardemon: So Francisco, but when it was with the HEP Board before -- because it was explained on the record one design was not approved. This design obviously was not approved, but at least it was approved by -- or recommended by Mr. Adams. Now, has there ever been any consideration of -- Mr. Calil, has there ever been any consideration of what was originally designed there? When you bought the home -- or bought the property, when the property was purchased, were designs -- were there approved building plans for that site, or was it all just a design? Tell me where we were. Mr. Calil: It was -- so what was presented to -- that I was aware of at the time -- Ms. Castrillon presented to me some plans which were -- which the owner gave her and said that these are plans that were sent to the City. Nothing was approved, nothing was submitted to construction document phase, and that's very common for an owner to come to us -- you know -- a new owner with a vacant lot saying, "Hey, I bought this property with some preliminary plans." As a matter o f fact, it's actually normal for a client to come to us to say, "I have this property and here are some approved set of plans, but I don't want to do this design." That's not uncommon. That happens to me all the time. 1 get three, four projects like that a year with a previous design. 1 don't think twice about it. Understanding that there's a historic board means -- to me, it means that I have to comply with the historic neighborhood and go with form and function of that neighborhood. And I see that there are some contemporary projects on that neighborhood that actually respect the form, function, scale, so on and so forth, the guidelines set forth by the City, of Miami in Chapter 23 for historic guidelines and by the guidelines set forth by the Secretary of Interiors. So 1-- so it's -- all that was given to us prior to was nothing uncommon. The conditions -- and once we went into it, and once I started researching more prior to the first presentation -- this is November in 2019 -- prior -- when I say, 'prior to," I mean immediate to that presentation -- 1 started reading all the previous presentations from the originally approved design, which to me, read as this is something that they'll approve but it's not necessarily -- it's not -- not necessarily. It's not a mandate that it needs to replicate the design. But I went into it pretty much understanding that that November 2019 project was going to get denied, because that was a very contemporary project, and it didn't work with the scale of the neighborhood. And I took all the comments from Historic Board to heart. There were some very, very well -stated statements to be made. And some of the neighbors that I spoke with after the presentation -- because I've spoken with many of the neighbors -- they acknowledged to me that the -- that whatever new project we presented did not have to replicate what was there prior. They understood after I spoke with them, because prior to that meeting, they thought a replication was what needed to be presented, but that's not what was approved prior to. Those weren't any of the conditions. Chair Hardemon: Francisco, do you remember --? Well, do you know for a fact if there were building plans that were submitted on this parcel? City ofMiami Page 146 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Mr. Garcia: Yes, Commissioner. There was a previous approval obtained. If you were to see -- again, for the benefit of this Commission, if you were to see the previous plan, it was essentially a mimicry of the original structure; again, in our professional eyes, not a desirable outcome, And if I were to put side by side that previously approved version of the plans with the presently proposed version of the structure, the present proposal -- the one Mr. Calil has designed -- really captures the character, the scale, the configuration, while rendering it a contemporary structure, which we feel is about as successful as one can get. But again, we're sensitive, also, to the fact that some might prefer something that mimics more closely the original. That's also a valid take. However, to get to that fine point where you are paying enough homage to the original structure while still rendering it relevant for modern day design, it is really a subjective and nuanced thing. That's hard to get to. Chair Hardemon: Well, one thing I will say from your presentation, Mr. Calil, personally, from the design that you presented, just the preliminary design that you presented -- of course, I don't have any other designs besides that -- you can tell that you did borrow from what was there, but also bring it a bit up to the standard of what you're seeing today. So, you know, I will compliment you in that. So Sharon, great job. You picked the right architect for that sort of look. I am deeply concerned, though, about the message that this sends, right? There are a few moments that we've had on the City Commission where we feel like we were taken for a ride, and this is not your fault. But this is one of those parts to me. Nothing will be like what happened with our friends on Biscayne Boulevard with the flag that's painted on top of the building. So this just feels like one of those moments. And so, the question becomes, Francisco, if we were talking about ensuring that this project could at least get the support of PZAB, which means to me, that you have some sort of community support for what is going to be there, what would you recommend and what would be acceptable to -- as recommendations for this project? Mr. Garcia: So let me attempt my hand at trying to capture the sentiment that has been expressed here. The sentiment is that the building go further towards respecting the original design and pay greater homage, if possible, to the original design. What we are glad to do if you should remand this back to the HEP Board is work with the applicant to try to get them to a design that achieves that. And hopefully, take it back to the HEP Board, again, with the instruction from this Commission that that is the direction; that the present design pay greater homage to the original structure, and hopef dly, get to a successful result. Chair Hardemon: Mr. Calil, if you had to design a structure that paid greater homage to the original house, what would you do to still satisfy the desires of your client? What do you --? From the top of your head. Mr. Calil: So some of the things that I remember from the last presentation that we had that actually -- and also, neighboring comments were just introducing more warmer elements to the actual design; something, let's say, like wood shutters or -- even if it's a contemporary approach to wood shutters, but the actual introduction of a wood material would actually warm the actual facade of the residence. The other thing that we actually did was -- you know -- the landscaping, but that was one of the comments that were easier for us to accomplish at this point. But something that would go more into the design aspect of it, the actual residence is -- you know -- introducing warmer materials to the facade so you don't see so much of the more modern materials that some people can be iffy on with regard to aesthetic. And I think that's something that -- I mean, the other things -- the roof that we have, I think, is very much -- and we lowered it and it's a much lower roof that goes well City ofMiami Page 147 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 with the neighborhood. So 1 think some -- and 1 don't know if there's a way that 1 can -- 1 mean, 1 think there is way that works with the neighborhood that I could actually raise part of the grade at the front facade so -- which is what you see in a lot of neighboring properties to actually make the house feel even lower in scale so that it fits even more. But I think the biggest thing is touching up the facade with certain design elements, like again, introducing an exterior wood shutter -- a more contemporary approach to it, but an actual wood shutter -- so that way, it's in compliance with a lot of the wood shutters or wood elements in that neighborhood, and it becomes a little bit more toned down in its mid-century modern approach. Chair Hardemon: And I'll be honest with you. Mid-century modern is my favorite design element. So, look, I'm a softy when it comes to this, right? I want to do you a favor. I don't want to see the project denied. What I would like to see is -- I don't want to see vacant lots in Spring Garden. I want to see lots that are fully developed, where you have beautiful homes. We have some award -winning designs in Spring Garden. You have properties that are going for two million plus in Spring Garden. So, obviously, this is an area where people care about design and when these elements and these restrictions that help you hire people who can give you great designs. And so, what I would like to do is this: First, as you're aware -- I mean, I'm not going to be here !brevet-. I have a couple more weeks to serve. But certainly, the representation that you made to my colleagues are things that they're going to remember. Now, you have some Commissioners that believe greatly in private property rights, and yet, we're still having this conversation, and that's because they also respect neighborhoods. I mean -- you know -- most of the Commissioners come from historic neighborhoods, not necessarily by your standard they're currently historic, but neighborhoods where homes were built in the early '20s and et cetera. So there's lots of character in those neighborhoods. And so, it appears from your presentation -- I take you at your word. There's nothing you've said to me that appears to be dishonest or deceiving by any means. And so, what I would like, Senator, is -- and Francisco, you can help with this in the wording -- if we remand it -- instead of denying it, we will remand it hack to PZAB, with the specifics of coming more into compliance with what they described here, with what you just described in the record; softening the facade and paying a little bit more homage to the mid- century modern elements to it, getting more feedback from the neighbors' so that it really does -- it doesn't necessarily -- it's not necessarily the exact same model -- I can understand why you wouldn't want the exact same structure, but still lends to that character of the structure that was there. So I want you to be able to achieve what you're looking for, but I want it to be something that is necessarily -- it's like you want it to stand out, but you don't want it to -- you don't want it to be a sore thumb -- right? -- and that's what I'm saying to you. So -- Commissioner Diaz de la Portilla: So, Mr. Chair, I'll amend my motion to remand with your caveats, and we'll take it from there, so. Chair Hardemon: Right. And I'll agree to that, to what you just described. Francisco, is there something that --? Should we have said something differently, or do you think that sufficiently characterizes what we're looking for? Mr. Garcia: If I may suggest the verbiage, and I will ask, also, the architect to listen to what I am saying to see if it resonates and begins to make sense, too. My sense is that the ask is that the materiality of the design be better reflective and more in tune with its context, in the historical context of the neighborhood. And so, we will be working with the applicant to have that materiality in the exterior configuration of this building be more contextual than it presently is. Commissioner Diaz de la Portilla: Or without being overly burdensome, right? City ofMiami Page 148 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: Right. Mr. Garcia: Correct. Chair Hardemon: That's essentially what I'm -- correct, correct. Commissioner Diaz de la Portilla: Right? I mean, let's be fair. Chair Hardemon: That's why I'm doing this. Commissioner Diaz de la Portilla: Yeah. Chair Hardemon: That's why I want to give them the opportunity. And Sharon, I don't want -- I can't -- just from reading your last name -- I can't pronounce it. Can you say your last name for me? Ms. Castrillon: Castrillon. Commissioner Diaz de la Portilla: Castrillon. Commissioner Reyes: Castrillon. Chair Hardemon: So there's -- you know that it's misspelled on the screen. I think we're -- Commissioner Diaz de la Portilla: It's like Portilla. It's like Portilla. The LL is like aY. Chair Hardemon: I think we're missing an "I" on the screen, so that's why it was kind of difficult for me. Commissioner Diaz de la Portilla: The two L's are like a Y, Portilla, Castrillon. Chair Hardemon: And I want to tell you directly, I really do wish you the absolute best, for this property. I want you to have something that everybody feels happy with, you and those who are your neighbors who've been there for a long time and who plan on being there, because I think that even with you being there, if a property was demolished that was near you and they were proposing to build something, you would want it to be something that would complement your house that you've spent your money to build. So I hope you understand I'm not trying to be overly burdensome. I hope you understand that what we're trying to do is to respect that neighborhood. Its; a beautiful neighborhood and we still want you to have your creative -- you know -- feelings. I don't know if you're going to live there. I'm not even going to ask you if you're going to plan on staying there, if you're going to sell it. That's not -- you know, this is America, whatever. But at least when we've had these dialogues, we at least want to make sure that-- you know -- that neighborhood is respected. So instead of denying -- which was my first mind -- what I'm thinking is let's just remand it. Let's come into compliance with some of the things that we've just described on the record, and then you'll be back before this Commission, and I'm sure you're going to have their support, because we know that it looks like with your architect and your demeanor that you're going to do the right thing, because this is something you want. Ms. Castrillon: Thank you. Thank you so much. Mr. Calif: Thank you, Commissioner. City ofMiami Page 149 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: Is that fair? Is that fair, everyone? Mr. Calil: 1 think that's very fair. Chair Hardemon: Okay, wonderful. Any jurther discussion? Hearing none -- Madam City Attorney, is that a -- it's an ordinance? No. Does it need to be read into the record? Victoria Mendez (City Attorney): No, Chairman. Chair Hardemon: Okay. Seeing no fiirther discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion passes. Thank you so very much. I appreciate you. Mr. Calil: Thank you so much. Have a great night. Commissioner Diaz de la Portilla: Have a good night. Ms. Castrillon: Goodnight. Chair Hardemon: Okay, ladies and gentlemen. Thank you jor your indulgence in that. (UNINTELLIGIBLE). Now we're in our budget meeting. So if all (UNINTELLIGIBLE) -- Todd B. Hannon (City Clerk): Mr. Chair, Mr. Chair. Chair Hardemon: Yes. Mr. Hannon: So we're adjourning the regular meeting. I just need a minute to flip the tape. Chair Hardemon: Okay, sure. So if all hearts and minds are clear on the regular meeting agenda, that meeting is adjourned. PZ.5 ORDINANCE Second Reading 7576 Department of Planning AN ORDINANCE TO 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 "LIGHT INDUSTRIAL" TO "RESTRICTED COMMERCIAL" OF THE 2.805 ± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 690 NORTHWEST 13 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13922 City ofMiami Page 150 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes Chair Hardemon: Madam City Attorney, PZ.5, 6, and 7; those are all ordinances, I believe. Let me check. 5, 6, 7; yes, they're ordinances. Can you read the titles into the record, please? The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): 1 think I read PZ.6 first. Now I'm going to read PZ.5. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: It's also PZ. 7 you're going to include in this? Chair Hardemon: Right. Madam, can you read PZ.7, as well? Ms. Mendez: This one's very long. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Vicky, could you please read it again? I got lost in it. I mean, could you, please? Commissioner Diaz de la Portilla: I know that at 1230 and 1232 and 1234, I lost you so -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- can you continue it, please, from there? Continue from -- Commissioner Reyes: Same thing happened to me. Commissioner Diaz de la Portilla: -- 1234 8th Avenue, yeah. Ms. Mendez: Thank you, thank you. PZ.8, that one -- is PZ.8 also on, Chairman? I'm sorry. Chair Hardemon: No; PZ.8 was deferred. Ms. Mendez: Okay. Thank you. Chair Hardemon: The Chair would like to entertain a motion to approve Items PZ.5, 6, and 7. Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Second. City ofMiami Page 151 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: Been properly moved and seconded. Francisco Garcia (Director, Planning): IfI may, Mr. Chair. Chair Hardemon: Discussion. Mr. Garcia: IfI may, Mr. Chair. Chair Hardemon: You are recognized, sir. Mr. Garcia: Thank you, sir. For the record, Francisco Garcia, Director of Planning. I just wanted to state that for Item PZ.7, I have to state fbr the record that I am submitting a copy of the signed PZAB (Planning, Zoning and Appeals Board) resolution into the record. Thank you. Commissioner Diaz de la Portilla: There is -- and if I may ask, now you brought that up. That was voted down -- right? -- by them, 5/4, because they need a super majority? Mr. Garcia: That is correct. They moved to approve, but they failed to reach a super majority. Commissioner Diaz de la Portilla: And why was that? Mr. Garcia: They -- Commissioner Diaz de la Portilla: What was the debate about? Why didn't that get the --? It was a 5-4 vote. It's a lot of property, a lot of folios. What was the reasoning? I'm just curious. Mr. Garcia: No, understood. The hack and forth, Commissioner, at the PZAB had to do perhaps with some level of concern about increased density and intensity, and you heard that, as well, from some of the people who called in earlier today. Commissioner Diaz de la Portilla: Yes. Mr. Garcia: This is a good opportunity for me to clan fv that there is no change in density. The density remains exactly the same, at 150 units per acre, and that as pertains to intensity, the only thing that is changing is the range of uses. The existing zoning designation allows for a very limited range of uses. This will extend it to achieve, hopefully, a mixed -use redevelopment of the area, which is very much clearly presently underdeveloped. Commissioner Diaz de la Portilla: And this is something, Commissioner Hardemon, that you think is a good idea in your area, right? Chair Hardemon: Yes. It's interesting, because I used to actually live within that -- those -- Commissioner Diaz de la Portilla: I know. That's why I'm asking you. I know where you live. Chair Hardemon: So, yes, I think it's a good idea. It already has -- First of all, like the newest things that have been built there have been apartment complexes, really, so you have these apartment complexes that are throughout the area; a lot of vacant land, a lot of vacant land, and many parcels of that vacant land are under similar ownership, as well. So, I mean, it's just a lot of things going on there. That's the City ofMiami Page 152 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 corridor near a section of 14th Street, when you're going from the Women's Jail to the Health District, right? So when you drive through there, I mean, you can see that's it's completely underdeveloped and that there is -- in all actuality, we did a zoning -- a rezoning for a parcel of land -- I think the County owned it -- to a T6-8- 0, I believe. And so, now this begins to match everything that was around that. So I think it'll do that area very well, and it'll actually complement what's going on, PZ.5 and PZ.6, because now you'll have not just one little development, another little development. It's (INAUDIBLE) the mixed -use area, because that's what that area really amounts to be. And it doesn't -- I mean, it doesn't tie into Spring Garden. People say -- or it doesn't go into Spring Garden. This is Highland Park North type area. So -- Commissioner Diaz de la Portilla: 1 trust your judgment. You know that area better than I do. But -- so if you think it's good for that area, and it's going to be good for our City? Chair Hardemon: Yes, sir. Commissioner Diaz de la Portilla: Thank you, Chair. Chair Hardemon: Any further discussion? Hearing none, all in favor of the item, say "aye. If The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PZ.6 ORDINANCE Second Reading 7577 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 "D1", WORK PLACE DISTRICT TRANSECT ZONE, TO "T6-12-0", URBAN CORE TRANSECT ZONE - OPEN, FOR THE PROPERTY LOCATED AT 690 NORTHWEST 13 STREET, 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: 13923 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item PZ.6, please see Item PZ.5. City ofMiami Page 153 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 PZ.7 ORDINANCE Second Reading 7578 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 1139, 1146, 1148, 1155, 1157, 1160, 1161, 1164, 1166, 1169, 1177, 1208, 1212, 1216, 1223, 1230, 1233, 1238, 1241, 1244, 1245, 1300, 1305, 1312, 1316, 1318, 1338, 1342, 1344, 1352, 1358, 1360, 1363, 1400, AND 1414 NORTHWEST 7 COURT, 1136, 1145, 1146, 1147, 1156, 1158, 1159, 1163, 1165, 1190, 1192, 1194, 1196, 1201, 1216, 1227, 1228, 1230, 1233, 1241, 1243, 1251, 1303, 1313, 1319, 1320, 1321, 1325, 1337, 1345, 1345, 1351, AND 1361 NORTHWEST 8 AVENUE, 1171, 1173, 1217, 1219, 1222, 1224, 1226, 1230, 1232, 1234, 1248, 1310, 1312, 1320, 1321, 1322, 1326, 1330, AND 1350 NORTHWEST 8 COURT, 1133, 1150, 1177, 1180, 1181, AND 1191 NORTHWEST 8 STREET ROAD, 1220, 1223, 1230, 1231, 1234, 1235, 1236, 1238, 1246, 1247, 1302, 1310, 1311, 1313, 1318, 1320, 1328, 1331, 1333, 1335, 1336, 1337, 1342, 1345, 1349, AND 1361 NORTHWEST 9 AVENUE, 1200, 1231, 1311, 1321, 1331, AND 1347 NORTHWEST 10 AVENUE, 1145, 1157, 1158, 1180, 1204, 1226, 1244, AND 1249 NORTHWEST 11 STREET ROAD, 720, 724, 726, 727, 737, 745, 747, 756, 758, 759, 760, 762, 771, 777, 803, 806, 808, 810, 813, 816, 826, 828, 836, 843, 845, 847, 849, 914, AND 933 NORTHWEST 12 STREET, 732, 735, 763, 766, 770, 771, 808, 833, 851, 853, AND 919 NORTHWEST 13 STREET, 724, 783, 784, 786, AND 800 NORTHWEST 14 STREET, 1000, 1005, 1008, AND 1010 SPRING GARDEN ROAD, AND 1000 SUNNYBROOK ROAD, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13924 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes Note for the Record: For additional minutes referencing Item PZ.7, please see "Public Comments for All Item(s) " and Item PZ.5. City ofMiami Page 154 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 PZ.8 ORDINANCE Second Reading 7579 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY, BY AMENDING ARTICLE 3, SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM", TO DISTINGUISH THE APPROPRIATE ABUTTING CONDITION FOR "T6-8-O", URBAN CORE TRANSECT ZONE - OPEN, AND "CS", CIVIC SPACE TRANSECT ZONE, ZONED PROPERTIES AND TO INCORPORATE ADDITIONAL BONUS AND BY -RIGHT FLOOR LOT RATIO ("FLR") AND FLEXIBILITY IN STORIES FOR PROPERTIES ZONED "T6-8-O", URBAN CORE TRANSECT ZONE - OPEN, IN TRANSIT ORIENTED DEVELOPMENT ("TOD") AREAS ONLY IN EXCHANGE FOR THE PROVISION OF AFFORDABLE/WORKFORCE HOUSING AT OR BELOW ONE HUNDRED PERCENT (100%) AREA MEDIAN INCOME ("AMI"); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.8 was continued to the October 22, 2020, City Commission Meeting. For minutes referencing Item PZ.8, please see "Public Comments for All Item(s)" and "Order of the Day." City ofMiami Page 155 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 PZ.8 ORDINANCE Second Reading 7579 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY, BY AMENDING ARTICLE 3, SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM", TO DISTINGUISH THE APPROPRIATE ABUTTING CONDITION FOR "T6-8-O", URBAN CORE TRANSECT ZONE - OPEN, AND "CS", CIVIC SPACE TRANSECT ZONE, ZONED PROPERTIES AND TO INCORPORATE ADDITIONAL BONUS AND BY -RIGHT FLOOR LOT RATIO ("FLR") AND FLEXIBILITY IN STORIES FOR PROPERTIES ZONED "T6-8-O", URBAN CORE TRANSECT ZONE - OPEN, IN TRANSIT ORIENTED DEVELOPMENT ("TOD") AREAS ONLY IN EXCHANGE FOR THE PROVISION OF AFFORDABLE/WORKFORCE HOUSING AT OR BELOW ONE HUNDRED PERCENT (100%) AREA MEDIAN INCOME ("AMI"); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla ABSENT: Carollo, Reyes City ofMiami Page 156 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 PZ.8 ORDINANCE Second Reading 7579 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY, BY AMENDING ARTICLE 3, SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM", TO DISTINGUISH THE APPROPRIATE ABUTTING CONDITION FOR "T6-8-O", URBAN CORE TRANSECT ZONE - OPEN, AND "CS", CIVIC SPACE TRANSECT ZONE, ZONED PROPERTIES AND TO INCORPORATE ADDITIONAL BONUS AND BY -RIGHT FLOOR LOT RATIO ("FLR") AND FLEXIBILITY IN STORIES FOR PROPERTIES ZONED "T6-8-O", URBAN CORE TRANSECT ZONE - OPEN, IN TRANSIT ORIENTED DEVELOPMENT ("TOD") AREAS ONLY IN EXCHANGE FOR THE PROVISION OF AFFORDABLE/WORKFORCE HOUSING AT OR BELOW ONE HUNDRED PERCENT (100%) AREA MEDIAN INCOME ("AMI"); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.8 was deferred to the October 8, 2020, City Commission Meeting. For minutes referencing Item PZ.8, please see "Order of the Day." City ofMiami Page 157 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 PZ.9 7677 Department of Planning ORDINANCE First 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. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.9 was Commission Meeting. continued to the October 22, 2020, City For minutes referencing Item PZ.9, please see "Order of the Day." PZ.10 ORDINANCE First Reading 7679 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE Planning 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 THE SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.10 was continued to the October 22, 2020, Chi Commission Meeting. For minutes referencing Item PZ.10, please see "Order of the Day." City ofMiami Page 158 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 END OF PLANNING AND ZONING ITEM(S) City, of Miami Page 159 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 NA - NON -AGENDA ITEM(S) NA.1 RESOLUTION 7944 A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL CITY COMMISSION MEETING ON City Commission WEDNESDAY, OCTOBER 14, 2020 AT 11:00 A.M. AT MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA FOR THE PURPOSE OF DISCUSSING AND TAKING ANY AND ALL ACTIONS RELATING TO AFFORDABLE HOUSING INCLUDING BUT NOT LIMITED TO ADOPTING A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING AND SUPPLEMENTING RESOLUTION NO. R-19-0111 ADOPTED BY THE CITY COMMISSION ON MARCH 14, 2019, WHICH AUTHORIZED THE CITY MANAGER, THE CITY ATTORNEY, AND BOND COUNSEL TO TAKE ANY AND ALL STEPS NECESSARY TO VALIDATE THE APPROVED AND EXPECTED FUTURE EXPENDITURES NOT TO EXCEED ONE HUNDRED MILLION DOLLARS ($100,000,000.00) OF THE AGGREGATE PRINCIPAL TOTAL AMOUNT OF THE AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT PORTION OF THE MIAMI FOREVER BONDS ("MIAMI FOREVER AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT BONDS") IN ORDER TO REFLECT THE CHANGES TO FOUR (4) OF THE PROGRAM TYPE STANDARD OPERATING PROCEDURES FOR THE AFFORDABLE HOMEOWNERSHIP STRATEGY, AFFORDABLE NEW CONSTRUCTION RENTAL STRATEGY, AFFORDABLE WORKFORCE NEW RENTAL STRATEGY, AND HOMEOWNERSHIP PRESERVATION STRATEGY, ALL AS SET FORTH IN COMPOSITE EXHIBIT "A," ATTACHED AN INCORPORATED. ENACTMENT NUMBER: R-20-0302 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo City ofMiami Page 160 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 NA.1 RESOLUTION 7944 A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL CITY COMMISSION MEETING ON City Commission WEDNESDAY, OCTOBER 14, 2020 AT 11:00 A.M. AT MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA FOR THE PURPOSE OF DISCUSSING AND TAKING ANY AND ALL ACTIONS RELATING TO AFFORDABLE HOUSING INCLUDING BUT NOT LIMITED TO ADOPTING A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING AND SUPPLEMENTING RESOLUTION NO. R-19-0111 ADOPTED BY THE CITY COMMISSION ON MARCH 14, 2019, WHICH AUTHORIZED THE CITY MANAGER, THE CITY ATTORNEY, AND BOND COUNSEL TO TAKE ANY AND ALL STEPS NECESSARY TO VALIDATE THE APPROVED AND EXPECTED FUTURE EXPENDITURES NOT TO EXCEED ONE HUNDRED MILLION DOLLARS ($100,000,000.00) OF THE AGGREGATE PRINCIPAL TOTAL AMOUNT OF THE AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT PORTION OF THE MIAMI FOREVER BONDS ("MIAMI FOREVER AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT BONDS") IN ORDER TO REFLECT THE CHANGES TO FOUR (4) OF THE PROGRAM TYPE STANDARD OPERATING PROCEDURES FOR THE AFFORDABLE HOMEOWNERSHIP STRATEGY, AFFORDABLE NEW CONSTRUCTION RENTAL STRATEGY, AFFORDABLE WORKFORCE NEW RENTAL STRATEGY, AND HOMEOWNERSHIP PRESERVATION STRATEGY, ALL AS SET FORTH IN COMPOSITE EXHIBIT "A," ATTACHED AN INCORPORATED. ENACTMENT NUMBER: R-20-0302 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes City ofMiami Page 161 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 NA.1 7944 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO THE GOVERNOR'S EXECUTIVE ORDERS 20-69 AND 20-246, SCHEDULING A VIRTUAL SPECIAL CITY COMMISSION MEETING ON WEDNESDAY, OCTOBER 14, 2020 AT 11:00 A.M. AND BROADCAST FROM MIAMI CITY HALL FOR THE PURPOSE OF DISCUSSING AND TAKING ANY AND ALL ACTIONS RELATING TO AFFORDABLE HOUSING INCLUDING BUT NOT LIMITED TO ADOPTING A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING AND SUPPLEMENTING RESOLUTION NO. R-19-0111 ADOPTED BY THE CITY COMMISSION ON MARCH 14, 2019, WHICH AUTHORIZED THE CITY MANAGER, THE CITY ATTORNEY, AND BOND COUNSEL TO TAKE ANY AND ALL STEPS NECESSARY TO VALIDATE THE APPROVED AND EXPECTED FUTURE EXPENDITURES NOT TO EXCEED ONE HUNDRED MILLION DOLLARS ($100,000,000.00) OF THE AGGREGATE PRINCIPAL TOTAL AMOUNT OF THE AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT PORTION OF THE MIAMI FOREVER BONDS ("MIAMI FOREVER AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT BONDS") IN ORDER TO REFLECT THE CHANGES TO FOUR (4) OF THE PROGRAM TYPE STANDARD OPERATING PROCEDURES FOR THE AFFORDABLE HOMEOWNERSHIP STRATEGY, AFFORDABLE NEW CONSTRUCTION RENTAL STRATEGY, AFFORDABLE WORKFORCE NEW RENTAL STRATEGY, AND HOMEOWNERSHIP PRESERVATION STRATEGY, ALL AS SET FORTH IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED. ENACTMENT NUMBER: R-20-0302 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes Victoria Mendez (City Attorney): Well, what we're doing first is at least setting the item. I think the special meeting was going to be workshopped, but at least if you do the special meeting and you're going to vote on it, then when you call it, it could be addressed at that time. But do you want to pick an actual date right now; is that what you want to do? Commissioner Diaz de la Portilla: Why not? I mean -- Commissioner Reyes: We've got to do it anyway. Commissioner Diaz de la Portilla: -- at the Chair's discretion, why not? I mean -- I like -- you know -- decisions. You know, let's make a decision. We pick a date. Let's do it October 15, October 12, whatever the heck it is, but let's get something -- or we could do it later, but, I mean, let's do it today -- right? -- so that people know what to expect, and we sort of create -- well, we'll create a deadline and a timeframe for the Manager to come back to us with what Commissioner Russell recommended, you City ofMiami Page 162 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 know? So we're going to have to kind of like accelerate it a little bit so we can talk about it. Art Noriega (City Manager): October 15 is fine. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: So do I move that -- or how does that work, Mr. Chair? Chair Hardemon: Yes. I mean, it would be a motion that we would set a special meeting date of October 15. Commissioner Reyes: Okay, move it. Chair Hardemon: It's been properly moved. Commissioner Diaz de la Portilla: I'll second it. Chair Hardemon: Seconded. Now, as far as the time, do you want to do it in the afternoon, morning? What time would you like to set the hearing for? Mr. Noriega: I'm open. Commissioner Diaz de la Portilla: 10 o'clock, right? 10, because that way we have -- we can talk about it. You know, some of us like to talk more than others, so we -- it could drag on the whole day, so why don't we start early? Not too early, because we want to start at the right time. So 10 o'clock works. We can have our coffee, we could do our jobs, and everything else we do in the morning. Then we can start at 10. Chair Hardemon: Let me -- well, 11, because I know I have -- something I do at 9. Commissioner Diaz de la Portilla: We'll do it 11. 11, yes, that's fine. Chair Hardemon: All right. So -- Commissioner Reyes: And who's buying lunch? Mr. Chair, are you going to buy lunch that day? Chair Hardemon: We're not socially distanced? Commissioner Reyes: I mean, you can Uber -- Commissioner Diaz de la Portilla: The sushi stands. Commissioner Reyes: -- it to every house. Mr. Noriega: That would be an in person meeting. Chair Hardemon: So it's been properly moved and seconded. Any unreadiness? Todd B. Hannon (City Clerk): And Chair, my apologies. Madam City Attorney, the specific purpose that the special meeting is being called for the notice -- to be used in the notice? City ofMiami Page 163 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Ms. Mendez: 1 would think that this same resolution works -- title works, Commission. Manager Noriega, is that pretty much the same title? Mr. Noriega: I wouldn't title it that. I mean, I would title it as a workshop -- right? - - to review and develop a affordable housing strategy. Commissioner Diaz de la Portilla: Yeah, strategy. Ms. Mendez: The problem is that if everybody wants to vote, then we need to be specifically workshopping it. It doesn't matter. Mr. Noriega: No, it's a workshop, because we're going to bring the item back at the October 22 meeting. Whatever -- Ms. Mendez: That's what was trying to clarify. Mr. Noriega: We'll clean up the plan -- Commissioner Diaz de la Portilla: So I have a question. I have -- Ms. Mendez: That's why I was trying to clarify if you wanted a special meeting for this item or the October 22 date was going to be the item, and you were going to workshop it before. So that's what 1 was trying to get clarity, on. Mr. Noriega: That was the thought. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Chair Hardemon: Commissioner Russell, then the Senator. Vice Chair Russell: Thank you. I'd like to broaden it, because we may have discussions of zoning and how that affects affordable housing, and what we can incentivize. We want to really bring every -- even just beyond the bond, because if I'm not mistaken, this item specifically refers to the bond, so I want us to be able to have as broad a discussion around affordability and the crisis, and the economics of our residents. And I'm okay whether we're able to vote in that meeting or to just compile ideas and bring back a vote in the next meeting. I'm fine either way as long as it happens while the Chairman is still here. Commissioner Reyes: As long as we vote. Chair Hardemon: Senator. Ms. Mendez: But what is your pleasure? We need to know because if we're setting - Commissioner Diaz de la Portilla: What he just said. What he just said. I agree with Commissioner Russell. So we -- but we have an agenda that we set -- if I may, Mr. Chair, through you? We have an agenda that we set. We can set that agenda on October 13 for October 22 -- right? -- so we have enough time. So the issue would be we could have -- we have the right to vote on October 15, too, right? Is the date we're talking about October 15? Ms. Mendez.: Right. So then that's why, if you want to vote on October 15, we need to make it as broad as possible -- City ofMiami Page 164 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Portilla: 1 agree. Ms. Mendez: -- so it has to do with everything having to do with affordability, bonds, a housing crisis, and any and all resolutions that could come from that. So it would have to he worded that way so that you have as much authority as possible. So then it won't -- Commissioner Diaz de la Portilla: So word it that way. Ms. Mendez: Okay. Well -- sorry. Commissioner Reyes: But how about this? We have a workshop, and we set a date; the workshop on October 15. But we would also set a date that it's going to be brought to the Commission on the next meeting, on the 22nd for a vote. Okay? Ms. Mendez: Well, that's why -- Commissioner Reyes: For a vote. And what you -- right now, we set the date for both of them. We're going to vote on the second meeting of October, but we're going to have a workshop prior to that vote. What do you think? Ms. Mendez: Right. So what I'm -- what we're going to do is, we're going to do it as broad as possible, just in case you want to vote -- Commissioner Reyes: Okay. Ms. Mendez: -- right after your workshop. Commissioner Reyes: Okay. Ms. Mendez: Because I know how you all get, and you get antsy sometimes. And if I tell you, "You can't vote, "you'll be upset. Commissioner Diaz de la Portilla: We don't get antsy. No, no, no, I'm sorry. We don't get antsy. We're just trying to find solutions to what -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: -- the problems that people -- Ms. Mendez: I understand. Commissioner Diaz de la Portilla: -- elected us to solve. Commissioner Reyes: That's why we were elected. Commissioner Diaz de la Portilla: Right? So "antsy's" not the -- Ms. Mendez: So I want to -- Commissioner Diaz de la Portilla: -- right word. It's sort of finality and solutions for -- the people elect us to do certain things, so we want to find those solutions, so we want to set dates as to how we're going to move in that timeline to get to the end of the final solution to the problem. So "antsy's" not the right word. Commissioner Reyes: Commissioner Diaz de la Portilla, we don't get antsy; we get frustrated -- City ofMiami Page 165 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Portilla: Of course -- Commissioner Reyes: -- sometimes. Commissioner Diaz de la Portilla: -- because we want to solve problems, so -- Commissioner Reyes: Absolutely, absolutely. Ms. Mendez: So we are claming -- Commissioner Diaz de la Portilla: This type of circular thinking here -- or this thing that never ends, the story that never ends -- right? Commissioner Reves: Yeah. Commissioner Diaz de la Portilla: So let's end the story. Let's get to the last chapter. Commissioner Reyes: That's right, and move on. Ms. Mendez: So then on the 15th, you're going to have an actual meeting, not a workshop, because a workshop, you normally don't vote. So it's going to be an actual special meeting that we'll talk everything -- anything and everything having to do with affordable housing, the Miami Forever Bond, and any and all resolutions -- Commissioner Diaz de la Portilla: Zoning, as Commissioner Russell recommended. Ms. Mendez: I'm sorry? Commissioner Diaz de la Portilla: Zoning. Commissioner Reves: If this -- if there is a need. for special zoning or whatever; you know -- Ms. Mendez: Right. Commissioner Reyes: -- and we have to analyze everything, every single aspect of developing affordable housing in the City ofMiami. We have to touch all bases. Ms. Mendez: Right. That, unfortunately, we won't be able to do any zoning ordinances or anything as -- we could talk about what we could bring in the future for -- Commissioner Reyes: Absolutely. Mr. Noriega: But, Vicky, remember, this entire -- the idea is to bring forth and have them approve a plan. Commissioner Reyes: That's right. Mr. Noriega: If there are actionable items as a result of that plan specifically related to zoning, they could culminate through the appropriate channel. We're just Commissioner Reyes: Yes. City ofMiami Page 166 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Mr. Noriega: -- we're developing the strategy here, and 1 want to make sure that there is a -- if not even an overall consensus, at least a majority consensus on what that -- Commissioner Diaz de la Portilla: And a public conversation about it; this is actually what we're doing -- Mr. Noriega: Correct. Commissioner Diaz de la Portilla: -- and what we're thinking. Commissioner Reyes: And we all have -- Ms. Mendez: I understand. I just wanted -- Commissioner Reyes: -- different strategies. We'll be -- maybe all -- and we haven't been able -- You know what? We haven't been able to talk as a body, you know. And every one of us, we haven't been able to express how do you think that -- do we think that we should go about it. Mr. Noriega: Right. Commissioner Reyes: Every time it comes to the City Commission, I mean, it comes as a resolution, as an ordinance, or whatever. But I don't know the strategy that Commissioner Diaz de la Portilla thinks that is the best, or Commissioner Hardemon, or Commissioner Russell, you see? How do you feel about going this way, or going this way, or what is the most important in your district, the type of housing that you need? You see, we have to -- all of us, we have to have a brainstorm and find consensus, and then develop a strategy that all of us could live with it. M. Mendez: 1 just didn't want to mislead anybody that we wouldn't he able to take an actual zoning ordinance change, because that would have to go to PZAB (Planning, Zoning and Appeals Board) and all of that, so -- Commissioner Diaz de la Portilla: Mr. Chair? Chair Hardemon: You're recognized. Ms. Mendez: -- that's all I wanted to clarify. Discuss any -- discuss and take any and all actions related to affordable housing, and we could go from there on October 15. Chair Hardemon: You're recognized, Senator. Commissioner Diaz de la Portilla: Okay. So what Commissioner Reyes is saying is correct. We know Commissioner Russell, let's say, for example, cares about microunits, as an example. And Commissioner Hardemon and I care about, you know, units that have two bedrooms and two bathrooms, right? Chair Hardemon: Sure, yeah. Commissioner Diaz de la Portilla: Other people care about -- Commissioner Reyes may care about a particular area and a certain AMI (area median income). So all these conversations have to be done in the sunshine, open, so that's the purpose of that meeting. Whether -- where we take action, it could be noticed and, you know, we go through the appropriate channels, as our Manager said. But the fact that City ofMiami Page 167 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 people are waiting for us to have this conversation, let's have it, and let's not wait anymore for it. I've been waiting a year for it -- almost a year, right? So I'm kind of -- like Commissioner Reyes said, I'm not frustrated, but come on. Let's get there. Let's have the conversation. Let's agree or agree to disagree, and figure it out, hut we do it as a Commission, right? And then ask our Manager to implement some of these policies, because people want us to find a solution -- find solutions as we move forward, whatever the different ideas. They all have a lot of merit, by the way. Different parts of Miami require different things. And I think that's why we have single -member districts, because Commissioners come in and they say, "This" -- "my district needs this, or my district needs that," and then we all work together and get away from the parochialism, and we end up with something that we need to -- where we all land in the same place. 1 would like to have Commissioner -- Chairman Hardemon's input before he leaves. And I'm being serious. I want to have your input, because you know that area. You've been a Commissioner there for eight years. It's an important area that we have attainable and affordable housing. You're right adjacent to the area that I represent. I'm right next to you. I need that, too, for my area, and I want your input on this. And I want you -- that's why I wanted to do it in October, because I want you to share your thoughts and your experience with me on how we can get there. Those are my thoughts on this. And I think I probably went off topic too much here, and we have to move on. We have a very long meeting today. But I just wanted to make sure that I stressed that I ran on this issue. I care about -- I think it's the biggest crisis the City of Miami has now; obviously, before -- beyond COVID-19 and everything else the world is living, right? But our affordability and our attainability in housing is critical to us and how our people can afford their rents and people can live in this community and come to this community. And to me, that's very important. If I leave here eight years from now, or seven years from now, I want to leave something good, that we did in that area. That's important to me. And I think Commissioner -- Chairman Hardemon also thinks that way. He wants to leave something that he at least started before he goes to greener pastures. Right, Commissioner? Chair Hardemon: That's correct. But I want to say, also, that the item number, I want to make sure we address that item. Even though we may have general conversations about everything, I really want to make sure that we address specifically that bond item, because it does some very specific things that have a direct effect on the sort of things that we want to bring into our neighborhood. So, for instance -- what I mean by that is, it talks about the loan to cross -ratios, and things of that nature. Those are the things that, to me, caused me a little bit of heartburn when 1 wanted to -- for things that I can envision that happened in my community. Some of those things are necessary. In other ways, they are a hindrance to what we're trying to do for the area. So that's specifically in the item. I want to make sure that we address it as an item. And then once we kind of close that chapter, then we move into the other discussion. Commissioner Reyes: Well, Commissioner -- Chair Hardemon: The Senator first and then Commissioner Reyes. Commissioner Diaz de la Portilla: So you're talking dollars and cents, right? So you want specific allocations. Chair Hardemon: No, no, not necessarily. Commissioner Diaz de la Portilla: That's a question. I mean, I'm asking a question. I mean, do you want to have that meeting talk about -- you know -- specific allocations of Miami Forever dollars to specific situations, or do you just want to have a general conversation? City ofMiami Page 168 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: We probably can have that conversation anyway in the language that we provided. But what I'm saying is, the item that's before us isn't necessarily about specific allocations, but what it does is it limits those allocations that we want to make in the future, so I -- at least, I want to close that chapter, so we know, okay, this is our playing field -- right? -- that this is -- we can do more than this, or we can do this -- right? -- and so that's particularly what I want to make sure that we have a discussion about so that we can close that item; the item that was presented to us on this agenda. Commissioner Diaz de la Portilla: 1 got it. Chair Hardemon: Once we've done that, then we'll know, okay, this economic development project that I want to do, this affordable housing project that I want to do, it meets within those guidelines. The problem that I had with what's -- what we have now is that the things that 1 envisioned for my community, they would not -- we couldn't do it because of the guidelines that are provided in the agenda item, so that's why I want to make sure that we specifically address the agenda item, and then we move on to the rest of the discussion, because once we've cemented the agenda item, we know what items that we can move forward with in our discussion. Commissioner Reyes. Commissioner Reyes: Yes. Commissioner, if I understood -- and correct me if I'm wrong -- Alex -- that's precisely what Alex was -- Commissioner Diaz de la Portilla was referring to; that we are going to identify the needs of every different area, and how are we going to go about it, and how that we going to be about -- going about it being equitable to all the other districts, and how can we work together and solve problems that affect boundary districts? And -- because I -- probably, in Flagami, we need -- we have certain needs that they are not the same as in Liberty City or in Allapattah, for example, and that's what we are going to identi. And we're going to work as a unit, trying to help every single district and -- based on need, or whatever we decide to do, you see? But that's -- that was precisely what the Senator was referring to in my opinion, see? Chair Hardemon: So we clarified that on the record that we would have an item. That item is the item that's on the agenda that's being continued to that special meeting. Mr. Clerk. Later... Chair Hardemon: Commissioner Russell, in regard to RE.2 -- Commissioner Reyes: Before -- if 1 may, I'm sorry, through the Chair? Chair Hardemon: Yes, sir. Commissioner Reyes: I'm just going to reiterate what I said before, you know, Chair -- (UNINTELLIGIBLE) -- that we're requesting that we change the date for the workshop, either to the 14th or the 16th, because I have a conflict and I didn't realize until nay wife -- she's the one that keeps the dates -- she told me that -- if I was crazy to accept the 15th, that we had -- Commissioner Diaz de la Portilla: I think as long -- Mr. Chair, as long as he listens to his wife, that's a good sign. Commissioner Reyes: That's right. City ofMiami Page 169 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Fonda- So I want to make -- that's a very good sign -- a motion that we do it whenever it's convenient for the rest of the Commission, October 16 or 14, 1 don't care -- Commissioner Reyes: Yes, the 14th. Commissioner Diaz de la Portilla: -- either date works for me, at 11 o'clock or 10 o'clock -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- whatever time that anybody wants, but we'll just get that out of the way. So I want to make that motion. Todd B. Hannon (City Clerk): Chair, is that a motion to reconsider -- Commissioner Carollo: For what date? Commissioner Diaz de la Portilla: October 14 at 11 o'clock. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Does that work for everybody, to reschedule? It works for me. I don't know if it works for everybody else. Commissioner Reyes: If it works for everybody, I will second your motion. Thank you very much, Commissioner. Commissioner Diaz de la Portilla: You're welcome. Mr. Hannon: Chair, is there a motion to reconsider? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: So I'll make a motion to reconsider the date that we set -- Commissioner Reyes: Second. Commissioner Diaz de la Portilla: -- October 15. Chair Hardemon: It's been properly moved and seconded. All in favor of the motion to reconsider, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Commissioner Diaz de la Portilla: So I'll make a motion to hold a special meeting on the items that were outlined by City Attorney Mendez earlier for October 14 at 11 a.m. Commissioner Reyes: I move it. Chair Hardemon: It's been properly moved and seconded. City ofMiami Page 170 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 NA.2 7945 City Commission Commissioner Carollo: Discussion. Shouldn't we take this up at the end of the meeting, make sure the public can comment, in case somebody can't make it that day? Chair Hardemon: Not this one. Commissioner Carollo: Oh, okay. Chair Hardemon: Procedural in nature. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion is approved. Victoria Mendez (City Attorney): Commissioner Reyes thank Cha-cha for the change, because we had Code Enforcement hearings on that day that I think we weren't aware of so you facilitated that, so -- Commissioner Reyes: Oh, okay. Thank you. Thank you. Ms. Mendez: -- thank -- you know, thank you. Commissioner Reyes: Okay, Cha-cha, (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: And I still (INAUDIBLE) ropa vieja, by the way, Commissioner. It's going to -- Commissioner Reyes: Amen. I was just -- any time, any time you set. Conznzissioner Diaz de la Portilla: I'm still waiting. (UNINTELLIGIBLE). Commissioner Reyes: Tell me in advance and everybody is welcome and invited. You're going to try it and you're going to -- Commissioner Diaz de la Portilla: I'm sure it's going to be excellent. Commissioner Reyes: Yes, it is. It is. DIRECTIVE A DIRECTION BY THE CITY COMMISSION TO THE CITY ATTORNEY AND CITY MANAGER TO PLACE AN ITEM ON THE OCTOBER 14, 2020 SPECIAL CITY COMMISSION MEETING AGENDA SIMILAR TO FILE ID 7816 REGARDING THE MIAMI FOREVER AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT BONDS. RESULT: DISCUSSED Note for the Record: A motion was made by Commissioner Diaz de la Portilla, seconded by Commissioner Reyes, and was passed unanimously, with Commissioner Carollo absent, directing the City Attorney and City Manager to draft and place an item similar to File ID 7816 on the October 14, 2020 Special City Commission Meeting Agenda. City ofMiami Page 171 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: Madam City Attorney, do we need a motion to put the special -- the item on the agenda that mirrors PH.1, or are you want to tackle that with your directions? Victoria Mendez (City Attorney): Since we're doing anything and everything having to do with affordable housing, workforce housing, bonds, et cetera, we can do that for you, or since this is a matter of great importance, you can just direct the Manager and I to make sure that there's an item as close to -- just so that it's on the record and it's clear -- Chair Hardemon: Right. Ms. Mendez: -- to this item as possible. Chair Hardemon: So the Chair would entertain a motion to create an item that is as -- mirrors the language of PHI that we've just continued, to be placed on the October 15 special Commission meeting. Is there a motion? Commissioner Diaz de la Portilla: I'll move it. Chair Hardemon: Motion and -- Commissioner Reyes: Before I second it -- no, hold on a second. I want clarification on it. In laymen's terms, what are you proposing; that this same item will be brought back on October 22? Chair Hardemon: So now -- Commissioner Reyes: Same language and all that, or we can reform -- Chair Hardemon: -- what you'll see -- Commissioner Reyes: -- according to what we have done? Chair Hardemon: -- you'll see -- Commissioner Reyes: Or we're going to place an additional item that is going to reflect the decisions and the conversation that we have on October 15? Chair Hardemon: Right. So what you'll see is that the PH.1 agenda item is on the October 22 agenda. Commissioner Reyes: Okay. Chair Hardemon: We're having a special Commission meeting on October 15. Commissioner Reyes: Yes. Chair Hardemon: There is going to be an item on the October 15 agenda that is going to be as similar as possible to the PH.1 item that's on the October 22 agenda. The reason you're doing that is so that if we come to an agreeance about everything we can handle the item then in the October 15 meeting. Then if we do that, the October 22 agenda item will be of no consequence -- right? -- and we can withdraw it, because we would have effectively made our decision, and all the work they would have done on October 15, if we come to a conclusion, we can have action, and then that door is closed. And then the -- City ofMiami Page 172 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 NA.3 7946 City Commission Commissioner Reyes: Okay. Chair Hardemon: -- October 22 date, which is a -- Commissioner Reyes: I got you; I got it. Chair Hardemon: -- same thing. Commissioner Reyes: Second it. I got it. Commissioner Diaz de la Portilla: I knew there was a reason why you're Chair, by the way. That was the most succinct way I've ever -- it's great; it's awesome, really; perfect. Chair Hardemon: Seeing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RECOGNIZING THE GROWING PROBLEM OF ANTISEMITISM IN AMERICA AND CALLING FOR THE ADOPTION OF THE INTERNATIONAL HOLOCAUST REMEMBRANCE ALLIANCE ("IHRA") WORKING DEFINITION OF ANTISEMITISM, INCLUDING THE ELEVEN CONTEMPORARY EXAMPLES STATED HEREIN, AS AN IMPORTANT TOOL TO ADDRESS IT; FURTHER DIRECTING THE CITY MANAGER TO ENSURE THAT THE IHRA WORKING DEFINITION OF ANTISEMITISM IS AVAILABLE AS AN EDUCATION RESOURCE FOR THE DEPARTMENT OF POLICE AND OTHER CITY AGENCIES RESPONSIBLE FOR ADDRESSING ANTISEMITISM AND OTHER FORMS OF DISCRIMINATION. ENACTMENT NUMBER: R-20-0303 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Diaz de Ia Portilla, Carollo, Reyes ABSENT: Russell Chair Hardemon: Okay. At this time, we're going to move to public comment. So if there's a member of the public that would like to make a comment on today's meeting, this is your opportunity to do so. You have two minutes to address this body. State your first name and your last name, and you may state your -- State your first name, your last name, you may state your address, and which item it is that you're referring to. And -- Victoria Mendez (City Attorney): Chairman? Chair Hardemon: -- what we will do -- Yes, Madam City Attorney? Ms. Mendez: I'm sorry. There's one pocket item and -- City ofMiami Page 173 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: Okay. Please. Ms. Mendez: -- if there were any other pocket items that we weren't aware of now would be a good time to -- before your public comment calling. Chair Hardemon: Can you read the pocket item heading into the record, please? Ms. Mendez: This is the Mayor's pocket item: A resolution of the Miami City Commission, recognizing the growing problem of anti-Semitism in America, and calling for the adoption of the International Holocaust Remembrance Alliance working definition of "anti-Semitism," including the 11 contemporafy examples stated herein as an important tool to address it; further directing the City Manager to ensure that the IHRA (International Holocaust Remembrance Alliance) working definition of "anti-Semitism" is available as an educational resource for the Department of Police and other City agencies responsible for addressing anti- Semitism and other forms of discrimination. Chair Hardemon: Okay. We'll identify that as PI Number 1 for Identification purposes. Is there any other pocket item? Ms. Mendez: Not that I'm aware of but -- Chair Hardemon: All right. Later... Chair Hardemon: All right. What I'd like to do now is to address our -- Have there been any new public comments that have come in for PI2, Pocket Item Number 2? Unidentified Speaker: No new public comment. Chair Hardemon: Okay. Well, I'll open the floor anyway for public comment on PI Number 2. Seeing there are no persons that want to speak on public comment for PI Number 2, I'm going to close the public comment time for PI Number 2. Now at this time, I'd like to entertain a motion to approve -- Commissioner Reyes: Move it. Chair Hardemon: -- PI Number 1 and PI Number 2. Commissioner Reyes: I move it. Chair Hardemon: Properly moved. Seconded -- Commissioner Diaz de la Portilla: I'll second it. Commissioner Carollo: Second. Chair Hardemon: Thanks, as stated on the record. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Commissioner Carollo: But hold on. When you say PI and 2 -- City ofMiami Page 174 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: Yes. Commissioner Carollo: -- you're talking about my, Pocket Item, Number 2. Chair Hardemon: Yes. Commissioner Carollo: The problem is I haven't put the resolution forward so -- Chair Hardemon: (UNINTELLIGIBLE) and you were inquiring of a national search. Maybe that's where (UNINTELLIGIBLE). Commissioner Carollo: Yeah, but you have to hear me out. Chair Hardemon: (UNINTELLIGIBLE). Commissioner Carollo: It is to request the Manager to advertise for a national search for the next Police Chief. And he could begin doing it by October 1 to give him some time to put it together; at the same time, that each of us, the elected officials, the Mayor and five Commissioners appoint an individual that would have to come from top management of law enforcement; someone that has had the top managerial experience in managing law enforcement, whether a police department or Federal/State agencies. That could be from a Police Chief, Assistant Chief a Major, an agent in charge of a Federal agency, a sheriff' someone at that level, and that they go through the applicants', and out of those applicants, they could interview as many as they want to that they feel are qualified, and they bring back to the City Manager and this Commission the names of the top six candidates that they think are best qualified for this position. Clearly, under our Charter, that does not prevent the Manager from going outside of that, but I don't think that if we put a group such as this, any manager will want to go outside of that, because he's going to have enough to pick from. And Pm doing this because I think that our Police Department is such an important department. Law enforcement, the protection of life and property, of our residents and their properties is such an important -- and the key most important area of the City of Miami that we should try to get the best from wherever it is. We shouldn't be looking at ethnic background, race, religion, or any other factor, except the main one that is who we can get that is the best qualified person to bring our Police Department in moving forward in the most positive way for our residents. This would be a process that would be very open, no politics involved, and no one can say there was by doing it in this fashion. So that is the motion that we follow. Chair Hardemon: Madam City Attorney. Victoria Mendez (City Attorney): I just wanted to state a couple things for the record. One, remember that whenever you form any type of committee, Sunshine can usually attach, and it would have to be public meetings. To the extent -- Commissioner Carollo: Oh, it definitely would be. Ms. Mendez: Well, no -- Commissioner Carollo: It definitely would be. Ms. Mendez: Well, I just wanted to clan fry something. If you delegate some sort of authority or they do a short list, then Sunshine attaches. If the Manager can clearly disregard every single thing that was said by those individuals and pick whoever he wants, then Sunshine does not attach. Commissioner Carollo: Okay. City of Miami Page 175 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Ms. Mendez: So I want to make sure that that is very clear to everyone; that it is the Manager that picks, and if he's not going to pick from any type of five candidates -- he can pick number 100 -- if that's how everybody understands it, then Sunshine would not attach and -- okay. Commissioner Carollo: Madam City Attorney, we would be in violation of the Charter if we would say that the Manager is forced to pickfrom there. Ms. Mendez: Okay, perfect. Commissioner Carollo: That's why I have not said that. What Pm trying to do is take a lot of the hard workfrorn the Manager so that when he makes a decision a lot of the fluff has been taken out of it, that he could go right to the meat of it, and it will be clear from anyone that this has been a totally transparent decision that has been made, with no political underlining anywhere. Chair Hardemon: Mr. Manager, do you want to be recognized? Arthur Noriega (City Manager): Not necessarily. I mean, I -- Chair Hardemon: Okay. Mr. Noriega: -- the Commissioner was -- Commissioner Diaz de la Portilla: Whoa, whoa, whoa. Hold on. Mr. Noriega: Wait, wait. Let me (UNINTELLIGIBLE). The Commissioner was kind enough to give me a little bit of a heads up on this, so we had a chance to briefly discuss it. I understand the parameters. I understand why he doing it. I don't necessarily have an issue with it at all. The one thing I would like to sort of explain to the Commission just in terms of the outline in terms of the strategy here is that we intend to advertise the position and close it out sometime towards the end of October. So well receive applications, obviously, from around the country and locally; regionally, as well, whoever wants to apply. And then if it's the desire of the Commission to afford me a committee to review those, I'm happy to take the consultation and work from there. I just want to make sure that we understand that if there are going to be appointments, I need those done quickly, because 1 want to make sure we can move quickly. It may seem like we have a lot of time until Chief Colina is scheduled to leave, but we really don't, especially when you got to go through the interview process, and you got to vet -- you got to do backgrounds. There's a lot involved, especially with hiring a Police Chief. Commissioner Carollo: There is. Mr. Noriega: So -- Commissioner Carollo: There is. Mr. Noriega: Yeah. Commissioner Carollo: And I'm glad, Mr. Manager, you mentioned the timing because what I'd like to include in the motion is that there would be a 30-day period in advertisement that I think will be sufficient for us to advertise in; not necessarily a long process, but not in the shortest of advertising process. One other thing I'd like to mention; that the Manager is right. While it seems we got a lot of time to do all the things that need to be done in the right manner, it is short in timing. However, I City ofMiami Page 176 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 think that since this is something that the Police Chief doesn't have to resign at the end of January, if this goes a little further, 1 think the Police Chief would be amicable to staying a little longer until we finish the process. 1 would hope so. Mr. Noriega: No, he's stated that, so he's been very flexible with his time. Commissioner Carollo: All right. Chair Hardemon: All right. Then if that's what has been explained and there's no Commissioner that objects to anything that's been stated in explanation of the vote that we just took, then the vote will stay as it is. And I'll also say that, you know, it does bring me a bit of -- well, I am happy with the fact that the Manager is able to disregard or make whatever choice that he would like to make, because, obviously, that's his right to make that decision, because Miami is a funny place. And if you think about the nature of the relationship that whoever our new Police Chief will be, has to have (INAUDIBLE) with the community, I think it's very, very important that we're able to weigh in on that, because if you look around the nation, some of these major cities during this time, and especially over this past year, you have major cities' Police Chiefs have been resigning. Right in the midst of all of the trouble, they are resigning. So I -- you know, am one of those people that believes that yes, it's important to do searches, but we also have to think in context of what's actually happening locally in those places that is national to us that could be detrimental for a place like Miami. So, you know, I'm happy with where we are in Miami. We have managed to find ourselves over time through a hard time that today we are in the place that I think that most of the people who live in our community will say that they're happy with our leadership in law enforcement. So I wanted that sort of feeling moving forward, because we're going to have some trying times in the future nationally, and Miami could certainly easily find itself on the front page of any national news periodical or media. Senator, you're recognized. Commissioner Diaz de la Portilla: We're not going to kid ourselves, right? This is like a monumental decision. Chair Hardemon: Yes. Commissioner Diaz de la Portilla: These times require a thoughtful and deliberative process to who is named. And we recognize the City Charter gives the Manager the responsibility to do that. So -- and for the sake of transparency, have you, Mr. Manager, done any --? Have you had any interviews, any conversations with anyone since Mr. Colina -- Chief Colina announced that he was resigning? Mr. Noriega: I have yes, internally. Commissioner Diaz de la Portilla: Can you --? Without belaboring the point and going into debate today -- I know today's not the day for that. We have a lot of things on our plate. We're going to have time for this conversation. Can you tell us more or less who you've interviewed and what you've gotten from those interviews so that in the sunshine we know what's happening, to see where your head is at in this process? Because I think it's a decision that's really, really going to matter to a lot of us. And it's important for us -- even though you're going to make that decision -- to know where you're headed or where you think you're headed. Mr. Noriega: So the only people that I've spoken to have been the Deputy Chief Papier, Assistant Chief Morales, Assistant Chief Gause, and we have an upcoming conversation with Assistant Chief Aguilar. Those are the only four, and that was really to reach out to the four that are in the very top levels of the executive staff to talk to them about the position, and engage their interest. City ofMiami Page 177 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Portilla: How does that play into the whole national search scenario? Mr. Noriega: It complements it. I mean, the national search is not exclusive to discussing the position with internal candidates. The intent was always to advertise it on a national level. And -- you know -- it's really about nothing more complicated than the best person for the job, and that person could legitimately come from anywhere, but it has to be the right fit. You know, I'm pretty clear that -- you know -- I'm going to ultimately be responsible for that selection, and I'm going to be responsible for managing and supervising that Police Chief. And that Police Chiefs going to ultimately -- their performance is going to reflect on me. So it's really, really important that I make the right decision, but more importantly that 1 don't limit myself in terms of candidates, right? So I'm opening -- I'm open to -- you know - - receiving, and lookforward to actually receiving applications from all over. And then -- you know --1'll properly vet them; 171 interview them. And we'll -- you know - - hopefully have a really, really good candidate. Again -- you know -- I welcome Commissioner Carollo's suggestion, and I look forward to the candidates that are presented by that committee. Commissioner Diaz de la Portilla: Have you --? If I may, Mr. Chair, through you. Have you had any external pressures since the announcement that Chief Colina was resigning not to go in any particular direction? Mr. Noriega: I haven't yet; no, not directly. Commissioner Diaz de la Portilla: There's been no organization or group; no one's come to you or done anything to try' to influence the decision -making process? Mr. Noriega: Not to me directly; no, they have not. Commissioner Diaz de la Portilla: Indirectly? Mr. Noriega: No. I know that there have been a couple of interested groups that have approached the Mayor -- he can speak to that if he'd like -- but, no. I mean, I have not received any direct communication from anybody with regards to this position -- any external forces, so to speak. Commissioner Diaz de la Portilla: Do you anticipate some of that happening because of the current climate that we're living in? Mr. Noriega: Absolutely. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Chief -- Commissioner Carollo: This is why -- Commissioner. Commissioner Reyes: May I? May I? Commissioner Carollo: -- I think we need to have a process such as this -- Commissioner Reyes: Yes. Commissioner Carollo: -- that each of us pick a top law enforcement expert that has had sufficient managerial experience that could shepherd us through this process; City ofMiami Page 178 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 individuals that are not going to be bothered by all of this external noise from anywhere, and are just going to go out, look at the candidates that have applied, interview those that they think they should interview, and recommend the six they best feel are the most qualified for the City of Miami. Then we take it from there. We could decide afterwards that the Commission wants to interview some of them, none of them. But the bottom line is that upon our Charter, the Manager makes the pick from that group or from outside the group. But as I said, if we get good people that no one can question their motives -- and I'm sure we all are going to pick good people -- the process is going to be, I think, a relief to the Manager. It's going to let him zero in on a lot other serious work that we have, and it's going to bring us the best candidate at the end, because these are, as you stated and we all know, trying times, they're difficult times, they're changing times. And at the same time, we have a very young police force, a police force that needs supervision, that needs strong leadership. And whoever we bring, we have to be sure that they have been scrutinized by the best people that we could bring in. And who best than those in the positions that I've mentioned that we will put in in the committee? Commissioner Reyes: Mr. Chair? Chair Hardemon: You're recognized, Commissioner Reyes. Commissioner Reyes: I am -- I'm just going to -- I mean, I think that Commissioner Diaz de la Portilla made very good questions. And I'm glad you did, you see; particularly those referring to outside influence or outside pressure. I want to make sure that no outside pressure is going to be a deterrent on who is going to be picked. I think that I agree that we have to pick the best candidate. And Mr. Manager, I trust you that you are going to be totally immune to any outside pressure to pick a particular candidate. I want your word on it. Ms. Mendez: Commissioners, I actually have to -- I just want to read you a section of the Charter, and maybe exactly what you want to do, we may need to tweak it a little. And it's just sentences so just hear with me. "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 the 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." So to the extent -- Commissioner Diaz de la Portilla: Of course, Vicky, but that doesn't mean we don't have the conversation in today's political reality. Ms. Mendez: Conversation. Commissioner Diaz de la Portilla: We know what the Charter says. Ms. Mendez: Right. I -- Commissioner Diaz de la Portilla: If the question is -- that's why we have a public conversation we're having now, and we can air it out between us. We all recognize - Commissioner Carollo: All that -- Commissioner Diaz de la Portilla: -- that the Manager picks. Commissioner Carollo: -- this committee's going to do is recommend, Vicky. City ofMiami Page 179 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Portilla: Correct, or advise, or have the conversation. It's going to mandate something happening. It's going to -- Commissioner Carollo: In fact -- Commissioner Diaz de la Portilla: -- have a conversation that's an important conversation. But you know why? The political reality is that this is a very serious decision. And the weight of that decision is a heavy weight, and we have to be aware of that. So you can read the City Charter. And 1 agree with everything, because I've read it, too but we have to have this conversation before we embark on a process. Commissioner Reyes: Yes, Ms. Mendez: So the way that the -- that it's been described based on the resolution that you may vote on now, it's to appoint someone to a committee, that you are appointing people. So to the extent that maybe we tweak that a little, that you can obviously have people participate and then come back and tell you how things are going versus -- I mean, take part in is a very -- Commissioner Carollo: Well, look, Vicky, I know you have to give us a legal opinion based on the law, and I respect that. But, I mean, my God, are we here as elected officials as puppets? So that means any organization, any group, any individual can grab a hold of the Manager and tell him what they think, but we can't even name top professionals, Police Chiefs, agent in charge of Federal agencies, to give their opinion on who are the best qualified candidates? Ms. Mendez: So that would be fine. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) because we're also -- Ms. Mendez: Right, and I under -- Commissioner Diaz de la Portilla: -- citizens, right? We're also citizens, right? (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Carollo: No. Some people think we're not; that we have no rights. Commissioner Diaz de la Portilla: We're also citizens -- Commissioner Carollo: We get elected and we're just here to get a rubberstamp -- Commissioner Diaz de la Portilla: -- influencing the decision- making process. Commissioner Carollo: -- to stamp it. Commissioner Diaz de la Portilla: And to say that we don't have a right to influence the decision -making process is absurd, because we have a right. Ms. Mendez: I understand. Commissioner Diaz de la Portilla: We have a right. And from the Mayor on down, we have the right to influence the decision -making process. Probably, I would argue, because we're elected and duly elected, the Mayor is citywide -- we're district -wide -- to have an opinion that's going to matter a little bit more, because some people have vested their -- you know -- faith in us to be able to at least give an City ofMiami Page 180 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 opinion about this and say this is what needs to happen. The Manager makes the decision. The Manager will decide, but we want to have the conversation. Whatever methodology you use to have that conversation is a different conversation -- right? -- but we still want to have that conversation and give those opinions. What we don't want are external groups or political reasons to come in and try to influence that decision -making process, impact what's best for the City of Miami. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: And I think that's what Commissioner Carollo wants to do. Ms. Mendez: Well, since I can't protect you from everything, is it possible that 1 can ask for an opinion then? Because unfort -- Can I ask for an opinion about the appointment? Because you could do all sorts of things to have the conversation. But when you're appointing to a committee, it could be "take part in." "Take part in" is a very loose -- I mean, what does it really mean? "Take part in" -- we know you're not directing. We know you're not requesting. You're fine with that. But "take part in the process" -- Commissioner Carollo: We're not saying we're part of the process. Commissioner Diaz de la Portilla: It's the weight of our words. It's the weight of our political position. It's a conversation. It's not directing anybody. It's not mandating anything. And I want to hear from the Mayor, also, what his thoughts are on this. It's just giving -- you know, letting the people in the sunshine know what we're thinking. That's important, especially during these times. Commissioner Carollo: Commissioner, we have an obligation. And the people -- Commissioner Diaz de la Portilla: Of course you do. Commissioner Carollo: -- of Miami expect us to provide them with the most open, transparent, professional way of having the Manager select the next Police Chief. Now -- Commissioner Diaz de la Portilla: And I would argue in today's times, it's a moral obligation to be transparent and open, and a debate that everybody can hear and say, "You know what? We agree, " or "disagree." We talk about it openly and probably even have meetings about it until we get there. And ultimately, the Manager's the one that decides. But everybody -- every elected official that has -- that cares about our City and was elected to represent our citizens should have a conversation about this. Chair Hardemon: Mr. Vice Chairman. Commissioner Diaz de la Portilla: The Charter is the Charter, and the law is the law, and we're going to follow it. But it doesn't mean that we cannot have a conversation as citizens and as elected officials about where we need to go for the good of the City. And to me, this is just common sense. Commissioner Reyes: Mr. Chair. Vice Chair Russell: Thank you, Mr. Chairman. Commissioner Reyes: Let me make a suggestion. City ofMiami Page 181 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: Hold on. Vice Chairman, Commissioner Reyes, and then I'll come back to you, okay? Commissioner Reyes: Okay, okay, I'm sorry. I didn't -- Vice Chair Russell: Thank you. Commissioner Carollo, Commissioner Diaz de la Portilla, I couldn't agree with you more about how important it is right now to have a Police Chief in this moment that strikes the right tone with his own force and with our residents, and there's never been a more important time. We're being judged and we've gotten it so well so far this year. And that's truly -- you know, that's due to our Police Chief and the qualities that he has possessed. So I would love to have input into who that person might be. But when I saw the pocket item come up, I actually asked Vicky, "Can you send me the rules on what we can or cannot do?" And it's within the Charter. And so, when I read that we, as Commissioners, cannot take part in the appointment, and we, in any manner, cannot interfere with the City Manager, I really believe that voting "yes" on this would be a violation of the Charter on our part. And I don't think that's worth the risk for us to do in terms of an official vote, especially, because that puts us in a very vulnerable position as Commissioners. You know, we can always have talks with the Manager. We can always -- you know -- learn how he feels and -- you know -- really hear where he is on this, because our control is the Manager. If we believe that the Manager is choosing a Police Chief that will be bad for the City, our remedy is the Manager. So Commissioner Carollo: Look, I'm sorry, Commissioner. Vice Chair Russell: --we're going to have to trust him. I'm with you. I want the input. I want to have the input. Commissioner Carollo: I don't want this to end up becoming a political process. This Manager -- Vice Chair Russell: I believe it's a violation of the Charter. Commissioner Carollo: -- nor just about any Manager that I can think of have the sufficient experience to hire a true professional Police Chief,' they don't. That's not the world that they come from. This is why -- Vice Chair Russell:: You're muted, Commissioner. Commissioner Reyes: You're muted. Somebody muted him. Chair Hardemon: I'm sorry. Commissioner Carollo: Somebody didn't like what I was saying. Chair Hardemon: Well, no. I thought you could hear me. Commissioner Diaz de la Portilla: That never happens, Commissioner. That never happens. Chair Hardemon: I thought you could hear me, but I was muted, so that was my mistake. But I want to allow Commissioner Russel to finish his comments and then we -- Vice Chair Russell: I'm complete. City ofMiami Page 182 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: Okay, good. Then we had Commissioner Reyes, and then it's corning back to you, Commissioner Carollo. Commissioner Reyes: Okay, okay. Let me make a suggestion, you see. I think that we owe our City Attorney deference that she asked for -- I mean, that she should get an opinion, a legal opinion on it from the Attorney General, and bring it up on October 14th -- I mean, on October 8th meeting. I agree. I do agree that nothing is wrong with being assessed by a group of people that they are professionals, and they know more about what it is law enforcement than, honestly; the City Manager, the Mayor, or any one of us knows, you see. They're people that they have been in contact with other Chiefs or that knows the right qualifications for a good Chief. I mean, I don't see anything wrong on it. But if. it is -- I mean, we are violating the Charter -- I don't want to violate the Charter. So the only way that we can know if we are violating the Charter or not, or if we can go about it some other place is by an opinion from the Attorney General, and that's it. Ms. Mendez: It wouldn't be the Attorney General. It would be the COE (Commission on Ethics), the -- Commissioner Reyes: Whoever, whoever. Ms. Mendez: -- County COE -- Commissioner Reyes: The County CO -- okay. Ms. Mendez: -- because it's just -- I can't protect you from the -- no matter what opinion I would give you, I can't protect you from the words in the Charter. Commissioner Reyes: Okay, fantastic. Ms. Mendez: It would only be the regulating agencies that can. Commissioner Reyes: Fantastic. My opinion -- and I don't know if my fellow Commissioners are in agreement with me -- go after that, because I -- personally, agree with Commissioner Carollo. But if it's going to create a problem -- I mean, I don't know if you just -- I know you're afraid and you know the Charter well. But the consequences of doing this, I mean, could be determined by the legal opinion that you are questioning, and just go Jroa legal opinion, and we'll get it from there. Maybe we can go around it in another way, you see, and still receive the input from professionals. Chair Hardemon: So -- Commissioner Carollo: Who are you saying that we have to go before, Madam City Attorney? Ms. Mendez: I would ask the Miami -Dade County COE for an opinion. Commissioner Carollo: Who is that? Ms. Mendez: And I would give them a time -- Miami -Dade County -- the Miami - Dade Commission on Ethics. Commissioner Carollo: Yeah, but who's the CEO (Chief Executive Officer) now? Ms. Mendez: The Executive Director Arrojo. City ofMiami Page 183 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Carollo: Okay, so the executive director is the CEO there. Commissioner Reyes: That's right. Ms. Mendez: Yeah. Commissioner Reyes: Just go and -- Commissioner Carollo: I will ask for a special -- Ms. Mendez: Everything you've said is correct, everything, everything, everything. Commissioner Reyes: That's right. Ms. Mendez: The only part is the words "take part in" are so amorphous, so -- we really need to change the Charter. I mean -- Commissioner Carollo: Well, then you know what? Commissioner Reyes: We should. Commissioner Carollo: Let's put a Charter change for the next Commission meeting so we could clean this up, because since I was a young man, I was always told by the State Attorneys Office, by everybody involved, that the Charter was a certain way. All the other cities that we have in Miami -Dade County that have identical Charters almost to us, that's what they say. All of a sudden, there are people trying to say that we, as Commissioners, are scarecrows. We have less rights they're telling us than the regular citizen out in the street. Commissioner Reyes: Yeah. Commissioner Carollo: So then what the heck are we up here for? Commissioner Diaz de la Portilla: That's the whole point, right? Commissioner Carollo: Well, I mean, we're elected to act for the residents -- Commissioner Reyes: As elected officials. Commissioner Carollo: -- that elect us. I believe strongly that none of us should be giving orders to a Manager. That was the system that was established for the right reason many years ago. But my God, this is nowhere near crossing that line that we're giving the Manager any orders. Chair Hardemon: Mayor Suarez. Commissioner Carollo: And what I'm trying to do is give the people of this City what they deserve -- the best professional Police Chief that we possibly can in the most open process that we can, allowing the Manager to pick and make that choice. Chair Hardemon: Thank you, sir. Thank you very much. Mayor Suarez, you're recogn ized. Commissioner Diaz de la Portilla: You're muted, Mr. Mayor. Ms. Mendez: You're muted, Mr. Mayor. City ofMiami Page 184 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Mayor Suarez: I used my little raised hand thing. Did it work? Did you see it up there? Do you guys see it up on the --? Okay, good. I want to make sure. Listen, 1- - first of all, 1 concur with essentially everything that's been said here. You know, I have a lot of faith in the Manager and his ability to choose the best person without falling victim to any sort of influence. I have absolutely no problem with -- you know - - law enforcement professionals or former law enforcement professionals who could guide us in that process at some level -- right? -- whether it's reviewing applications or it's interviewing people, and all that. And I very, very, very much agree with what Commissioner Carollo just said, which is there's four sentences in that subsection which is -- that need to be deleted; frankly, they really do. And I think we have the ability as a Commission -- you have the ability really to put that on the next agenda, and you can put it on a ballot. This thing can be taken care of by -- before you get the COE opinion actually, because it might take you more than a month to get the Commission on Ethics opinion. But you could have it resolved by Charter in 45 days or 40 days. So I would strongly urge you, because not only is the provision problematic, but it essentially creates criminal penalties, which could result in your removal from office, or from anybody's removal from office, which I think is ridiculous. When -- you know -- I sat in that Chair for eight years as a Commissioner, three years as Mayor, and to think that if you say the wrong thing to the Manager one day in passing, you can be guilty of a crime and be removed from office is absurd. It makes absolutely no sense, and I think it should be deleted. And I would urge you all -- and I would strongly support an effort to put it on the ballot and get -- because it'll solve not only this problem. Its going to solve so many more problems going forward. This is just -- Commissioner Carollo: You're not going to be able to get this in the ballot for November. Commissioner Reyes: That was going to be my question. Mayor Suarez: We don't have time? Commissioner Reyes: Do we have time -- Commissioner Carollo: No, there's no time. Commissioner Reyes: -- get this on the ballot on November 3? Commissioner Carollo: There's no time. Commissioner Reyes: No, there's no time. Commissioner Carollo: And we're not going to get any help, either, from the County Mayor to get it on the ballot so -- Commissioner Diaz de la Portilla: Of course not. Commissioner Reyes: And absentee ballots are coming out. Mayor Suarez: Regardless, I still think it's a good idea. Commissioner Reyes: I think it's a good idea, too. Mayor Suarez: I still think it's a good idea. You might as well -- I mean, I would strongly -- Commissioner Carollo: For next year. City ofMiami Page 185 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Mayor Suarez: -- support you doing that. Chair Hardemon: Okay„so Madam City Attorney, the pocket item that the Commissioner put forth, that was a pocket item that the City Attorney's Office approved in its form, right? Ms. Mendez: Which one? Chair Hardemon: Pocket Item Number 2. Ms. Mendez: No. Unfortunately, 1 did not have an opportunity to discuss this one with the Commissioner. Chair Hardemon: So then that means that we need to have a motion to reconsider Pocket Item Number 2 then, so that we make sure that we're not running afoul of the Code. Commissioner Carollo: Well -- Commissioner Diaz de la Portilla: So let me ask you something, Chairman. Ms. Mendez: Well, it's up to you to -- Commissioner Carollo: Mr. Manager, can you hear me? Ms. Mendez: We could do an amendment -- Commissioner Diaz de la Portilla: Hold on. Ms. Mendez: -- subject to an opinion. Commissioner Diaz de la Portilla: Can I ask something? Chair Hardemon: One at a time. I'll let you ask your question, Senator. Commissioner Diaz de la Portilla: The question is this: We can have a full fledged debate about this without any kind of direction or any kind of pocket item, or we can have the same conversation at a different date in a special meeting to talk about this, because I think the Police Chief and the naming of the Police Chief matters. It's a big deal. It's a big decision for the City Manager. And our input and our conversations and what people are telling us, in light of what's happening in this country, it's important that we make -- that we at least give our opinion of what should happen here; not that we're going to mandate or dictate or have a committee to do it, or a pocket item that's not acceptable to our City Attorney. It's just a conversation about it. And what's wrong with that conversation so that our City Manager, who is appointed by our Mayor and approved by us knows what his bosses, collective bosses, think about this? Why, is that not important? And why are we not --? We need to understand that. Ms. Mendez: I think it's -- Commissioner Diaz de la Portilla: And how we do it, that's different, how we do it within the Charter. And I agree with our Mayor. Those lines need to be taken away from that Charter. That's absurd, because this is -- and these are difficult times in our country and in our City, and we need to make sure that we do this right. That's my only point. I mean, so why not have a conversation about it? Not tonight. Now City ofMiami Page 186 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 is not the right time. We got big things to talk about, like our new district office and everything else we need to talk about. But at some point, we need to have this conversation before that -- and it's a 30-day process that Commissioner Carollo wants, because he wants finality once again, which is important. It's a 30-day process. Then make it a 30-day process. If the Manager makes the decision, but can we mandate a 30-day process? Can we put a timeline on it even if he makes the decision? And can we have a special meeting on October 16 to talk about it, or whenever it is, to kind of like have everybody's input into this process? And then the Manager says, "Okay, I got everybody's input. I have all the information. I've done all the interviews, and now 1 decide that I want to name 'X.'" But at least it's a thorough process that we all kind of -- you know -- chimed in on, and what's wrong with that? I think that the people that we represent will love that. They want that to happen. Commissioner Carollo: Well, I -- Commissioner Diaz de la Portilla: They want Commissioners' opinion. Commissioner Carollo: Let me be clear. When I voted -- Commissioner Diaz de la Portilla: What am I missing? Commissioner Carollo: -- for a Manager, I voted precisely for that. I didn't vote for a king that can do as he please, unchecked. And this goes to Mr. Noriega or anybody else that we could have chosen, so it's not with him personally. I presented something that is -- my God, how can anybody say that we're trying to take advantage and trying to put someone that we want? On the contrary, I've come up with a process that is almost proof -- bulletproof -- ifI may use the expression -- that it's going to be above board. It's going to be very, transparent. You're going to have some of the best law enforcement minds that manage law enforcement, that understand what you need in a Police Chief to give an advisory opinion giving you the six people that they think are the hest. Never in my mind would 1 think that this would come to this discussion. I still don't believe that what has been read -- and I've known, and I've read that numerous times throughout the years -- is a violation of the Charter. Frankly, when I'm threatened that, "Oh, they could take you out of office, " you know what? Might do me a hell of a favor. And I'rn going to have the last laugh. The day that 1 leave here, you'll know why I said that. But -- you know -- if we have to be in a situation that we rubberstamp, that this is going to become a political process, I want no part of it. Mr. Noriega: So can I jump in here and maybe get this entire concept and idea kind of moving along? Vicky, you know, we're going to -- I'm going to advertise this and post it early next week. Commissioner Carollo, if I can -- if you can do me the favor, I was going to deadline it out October 23rd, which is roughly about three and a half weeks; is that enough time? Is that enough, do you feel? Commissioner Carollo: Mr. Manager, if you get sufficient people to apply from around the country, around our County, around our State, it might be. Mr. Noriega: Okay. Commissioner Carollo: But, you know, I don't know why a week's time could be that bad of a timeframe. Mr. Noriega: It's not, it's not. I had just wanted to -- you know -- obviously; tighten the timeframe as much as I could. I don't have any issue extending it a week. But let me kind of get to the point of what I was going to try to say. Madam City Attorney, if City of Miami Page 187 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 I'm accepting of the recommendation -- right? -- doesn't that mute any potential idea that there's any interference at all? Would you really need an opinion at that point? Ms. Mendez: So the only thing -- I have not said you can't have a conversation. I have not said that this isn't something -- the only thing that I was a little worried about is an actual appointment by a Commissioner to a committee. That is it. Mr. Noriega: But if that committee's simply an advisory committee, what -- and I'm - Ms. Mendez: No, I under -- Mr. Noriega: -- comfortable with that. And Pm comfortable with that. Does it really require an outside opinion? Ms. Mendez: Right. The only thing is, because of the appointment of someone, it's the "take part in." That is -- "take part in" -- we all take part in things every day. I know nobody's directing. I know nobody's requesting (INAUDIBLE). Chair Hardemon: Madam City Attorney. Ms. Mendez: But unfortunate -- yes, Chair Hardemon: I think "take part in" -- appointing people is taking part in. I would agree. That's too easy. Ms. Mendez: It's just very -- it's the -- it's such a bad definition. It's bad. It's written poorly. It's tying your hands. "Take part in" can be anything. And so that's the only thing. Appointing -- Mr. Noriega: How about if we reword it, and on the record, I basically state that I will constitute a committee to advise -- Commissioner Reyes: Absolutely. That's it. Mr. Noriega: Right? And then I will take recommendations -- Commissioner Diaz de la Portilla: Or take public comment and give us (UNINTELLIGIBLE) -- Mr. Noriega: -- from the Commissioners fbr people -- fbr the individuals to constitute that committee. Ms. Mendez: I would request -- Commissioner Reyes: In other words, the Manager makes the committee. Ms. Mendez: -- that we do not make any type of appointments for now, and then depending on how your process goes is whether I need to even request an opinion. Mr. Noriega: I don't really know what that means. Look -- Ms. Mendez: That means I'm asking for the Commissioners not to appoint anybody at this time. That's all I'm asking. Mr. Noriega: But what if they're not appointing? City ofMiami Page 188 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Carollo: Madam City Attorney, why don't -- Mr. Noriega: What if I'm appointing them? Commissioner Carollo: -- you listen? Because you're being -- Mr. Noriega: I'm appointing them. Ms. Mendez: No, no, I'm listening. I am listening -- Commissioner Carollo: No, you're not. Ms. Mendez: -- very well. Yes, I am. Commissioner Carollo: You're not. You're not listening. Ms. Mendez: Yes, I am. Commissioner Diaz de la Portilla: No, you're not. No, you're not. Ms. Mendez: Okay. Commissioner Diaz de la Portilla: No, you're not. Ms. Mendez: All right. Commissioner Carollo: You're saying not to take a vote tonight. Ms. Mendez: No, I -- Commissioner Carollo: He's saying that he is going to make -- Commissioner Reyes.. The appointment. Commissioner Carollo: -- the appointments himself. He's just going to ask each of us if we have anybody in mind. Ms. Mendez: I would request -- everyone, please. 1 never -- I am always a problem solver. 1 am always giving you good advice. 1 am -- Commissioner Diaz de la Portilla: Can we request that we get two minutes of public comment? Is that okay? Can we do that then? Is that okay? Is that within the Charter that we have two minutes to testify before our City Manager on what we think? Commissioner Carollo: Well, you know what I've come to the conclusion of? The only people that have a say-so in our City these days are bar owners, thugs, gangsters that just want to pay off our people. Elected officials that get all the crap, frankly, are more honest than a lot of those that are in many of our different departments. And they all have more rights than we do. Commissioner Reyes: Vicky, Vicky -- Ms. Mendez: I would request -- Commissioner Reyes: Hear me -- City ofMiami Page 189 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Ms. Mendez: I never -- I really never ask you guys for these types of things. Commissioner Reyes: Vicky, hear me for a minute. The City Manager just said, '7 will form the committee. I will form the committee." Ms. Mendez: I would request that he forms his own committee at this time. Commissioner Reyes: The committee and then -- Commissioner Diaz de la Portilla: That's what he's saying. Ms. Mendez: And not -- Commissioner Reyes: That's what he's saying. He's saying -- hold on a second. He's saying -- Commissioner Diaz de la Portilla: And the committee could be David Winker or -- Ms. Mendez: Right. Commissioner Diaz de la Portilla: -- it could be Alex -- Commissioner Reyes: Whoever. Commissioner Diaz de la Portilla: -- Diaz de la Portilla or Joe Carollo, right? (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Carollo: The pillars of our community. Commissioner Reyes: That's right. Ms. Mendez: Could we take a five-minute recess, please? I just think everybody's very excited about this topic. Just a five-minute -- Commissioner Diaz de la Portilla: No, we're not. Actually, we're all very calm. Commissioner Reyes: No, no. Pm not, I'm not. Commissioner Diaz de la Portilla: We're just not agreeing with you, that's all. Ms. Mendez: I understand, I understand. But can we -- Commissioner Diaz de la Portilla: And I'm very, calm. I'm very relaxed. Ms. Mendez: -- just take a five-minute recess, please? Commissioner Diaz de la Portilla: If you want one; I don't want one. I don't need one. Ms. Mendez: I would request, please, if possible. Commissioner Diaz de la Portilla: Okay, okay. Chair Hardemon: I think the issue is very, important. A five-minute recess is appropriate. City ofMiami Page 190 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Diaz de la Portilla: Okay. Ms. Mendez: Thank you. Commissioner Reyes: Okay. (Brief recess) Chair Hardemon: Okay. We're back into the September 24, 2020 meeting of the Miami City Commission. I don't see Commissioner Carollo, and I know we were discussing his item last. Oh, there he is, okay. Commissioner Carollo: Hey, listen, 1 heard that Rosa, the security guard, wants to apply for the position, so she might be a good bet. Chair Hardemon: Well, she could certainly run for Sheriff of Broward County. So what are we doing? Ms. Mendez: I would recommend that you advise the Manager to -- Commissioner Diaz de la Portilla: I can't hear you. Ms. Mendez: -- form a committee and go from there. Commissioner Diaz de la Portilla: I can't hear you, Vicky. I'm sorry. Ms. Mendez: That we recommend the -- Are we back on, IT (Information Technology)? Unidentified Speaker: Yes, we're on TV. Yes, we're broadcasting. Ms. Mendez: Oh, okay. Thank you. 1 recommend, as Commissioner Carollo stated, that the Manager form a committee based on his resolution. I would request that no one -- no Commissioner or the Mayor appoint a person for now unless you instruct me to get an opinion just to clarify that, but if not, he can start a blue-ribbon committee and based on the timeframes that are suggested for now. Chair Hardemon: Vicky, we can't hear you. You will have to do what you did last time. Vice Chair Russell: Is that us directing the Manager to form that Commission [sic] or is that him doing it unilaterally on his own volition? Ms. Mendez: I believe he's going -- there was discussion. All of you spoke about it. You think it an important thing about there being a committee. And if the Manager chooses to do so, which I thought he said on the record that he would get -- he would do a committee -- then that's fine, but it's not with appointments by the Commission. Commissioner Diaz de la Portilla: Mr. Chair -- Commissioner Carollo: The Manager doesn't need a resolution -- Commissioner Diaz de la Portilla: -- I'm having difficulty listening. Commissioner Carollo: -- from us to appoint a committee. He could do it on his own. City ofMiami Page 191 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Ms. Mendez: Correct; that, too. Do I need to log out and come back in? Commissioner Diaz de la Portilla: I'm having difficulty hearing you. 1 don't know about the rest of the Commission. Commissioner Carollo: Yeah, you're very low. Commissioner Diaz de la Portilla: Yeah, you're very low so -- Ms. Mendez: 1'll come back. Commissioner Carollo: At least you haven't been cut off completely like I was before, and the Mayor was. Commissioner Diaz de la Portilla: I didn't know Chairman Hardemon had the power to like mute us. That's pretty cool. I mean, that's interesting. Commissioner Carollo: I don't think so. Chair Hardemon: You never know what kind of power I have. Commissioner Diaz de la Portilla: I have a sense of it. Chair Hardemon: I don't use it, you see. Commissioner Diaz de la Portilla: I have an idea of it. Ms. Mendez: Can you hear me now? Vice Chair Russell: Yes. M. Mendez: As we were all discussing before, the selection of the Chief is very important. You all want to have conversations, et cetera, in line with the Charter. With that said, if the Manager wishes to do a committee -- which I believe that that's what he said he would do -- Commissioner Reyes: Yes, he did. Ms. Mendez.: -- that is great. 1 encourage you not to appoint someone, because of the -- just because of the ambiguity with the language in the Charter, I would encourage you not to appoint someone to the committee. But you can have discussions, conversations, the type of person that you want at the head of the Police Department. Of course, as elected officials, you can discuss all that and your visions, and everything that you would want in that type of person. I just ask that you don't appoint someone just based on the ambiguity. Commissioner Carollo had an excellent point. A committee should be done. I just ask that you don't appoint somebody for now unless you -- Commissioner Carollo: In any other city in America, that would seem normal and the right thing to do; not in Miami. Ms. Mendez: Yes. Commissioner Carollo: You know, maybe if I would go the other way and say that we appoint a committee of thugs, gangsters, and others alike, then -- you know -- some people will be very happy about it. That'd be no problem. City ofMiami Page 192 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Commissioner Reyes: Okay. Can we move on? Chair Hardemon: Do we need a motion to reconsider P1.2? Ms. Mendez: Did it pass? Commissioner Carollo: No. Chair Hardemon: Yes. Commissioner Carollo: There's no motion to reconsider -- Commissioner Diaz de la Portilla: It didn't pass. Commissioner Carollo: -- because it's a pocket item and we never voted on it. Commissioner Diaz de la Portilla: Right. Chair Hardemon: No, we did. Todd B. Hannon (City Clerk): Mr. Chair, we did vote on it. Commissioner Reyes: Yes, we did. Mr. Hannon: Yeah, both pocket items were voted on at the same time. Commissioner Reyes: One and two, one and two. Mr. Hannon: So what could be done is a reconsideration of -- Commissioner Diaz de la Portilla: Of Item 2, of Pocket Item 2. Mr. Hannon: Yes. Commissioner Carollo: Hold on, hold on, hold on. Commissioner Diaz de la Portilla: So I move to reconsider -- Commissioner Carollo: When it was going to be voted on -- Commissioner Diaz de la Portilla: I move to reconsider Item 2. Commissioner Carollo: -- 1 stated that how could we vote on it when 1 hadn't explained what it was about. Commissioner Reyes: He's right, he's right. Commissioner Carollo: So we didn't vote on it. Commissioner Reyes: I remember that. We didn't vote. Commissioner Diaz de la Portilla: We never voted on it. Commissioner Carollo: We never voted on it. Commissioner Diaz de la Portilla: We never -- that's what remember. City ofMiami Page 193 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 NA.4 7951 City Commission Chair Hardemon: I need a motion to reconsider PI.2. Commissioner Reyes: Move it, move it. Chair Hardemon: Seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Now the item is back on the agenda, never been voted on before, and we can move on. Mr. Hannon: Correct. We'll show it as discussed for the minutes. Commissioner Reyes: Okay, fantastic. Chair Hardemon: All right, wonderful. Ms. Mendez: Thank you. DISCUSSION ITEM DISCUSSION BY CITY COMMISSION REGARDING SELECTION PROCESS FOR NEW CITY OF MIAMI POLICE CHIEF. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item NA.4, please see Item NA.3. Commissioner Carollo: Chairman? Chair Hardemon: Yes. You're recognized, Commissioner Carollo. Commissioner Carollo: When can we bring up pocket items? I have a brief one that I'm compelled to bring up as a pocket item, because of what happened that I consider an emergency to do this happened after our deadline had passed for -- to place items on the agenda. Chair Hardemon: After we get done with this item, we'll have you read the title into the record, and then we'll address the item after we finish the agenda, because we want to give people an opportunity to call in if there's any public comment on that one item. Commissioner Carollo: Okay. So we're going to take them up at the end of the agenda? Chair Hardemon: Yeah. Well, we've already had -- we have one pocket item on the agenda right now, so we announced that at the beginning of the meeting. So -- Commissioner Carollo: Okay. But -- Chair Hardemon: -- if you have another pocket item -- Commissioner Carollo: -- I do, but my question is, when are we going to take them up? City ofMiami Page 194 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Chair Hardemon: That one, the one that you're bringing up now, we would address at the end of the agenda to give people the opportunity for public comment if they want to call in and things of that nature. But we want you to read the title into the record ahead of time. Commissioner Carollo: The title for the record will be the search for a new Police Chief Chair Hardemon: Okay. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized, Commissioner. Vice Chair Russell: Sure. I'm the sponsor of RE.2 if you want some background on it. Chair Hardemon: You're saying you're the sponsor for RE.2? Vice Chair Russell: Yes. Chair Hardemon: Okay. No, I was -- Commissioner Diaz de la Portilla: Mr. Chair, before we do that -- Chair Hardemon: Yes. Commissioner Diaz de la Portilla: -- if you don't mind, sir, Commissioner Carollo brought up a good point. He has a pocket item. Do we need to introduce that pocket item to allow for public comment before we take up anything else instead of just going to something else right now? Chair Hardemon: No. Like we -- Commissioner Diaz de la Portilla: Is there an introduction? I don't know the procedure here in Miami. Chair Hardemon: Right. All it is, is that -- the only issue that we have with the pocket items is that they weren't noticed. And so -- Commissioner Diaz de la Portilla: That's why they're called 'pocket items, " right? Chair Hardemon: Right. But you want to give an opportunity for people to have public comment -- Commissioner Diaz de la Portilla: Right. Chair Hardemon: -- and especially because of the way that we're doing it now. No one's sitting in the room with us; that they can actually just make a public comment after hearing it. And so, what we've been doing as a matter of procedure is reading them into the record at the end of the meeting identify them; identfing them as a pocket item, and then giving people an opportunity now that it was read into the record to call in and to address it, and well open up public hearing for that -- for those pocket items particularly or for the general agenda. Commissioner Diaz de la Portilla: Right. So it's been read into the record already, right? City ofMiami Page 195 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 NA.5 7952 City Commission Chair Hardemon: Right. Well, this one, he just announced what the title -- Commissioner Diaz de la Portilla: Right. So is that reading it into the record? Chair Hardemon: I would take that as reading it into the record, yes. Commissioner Diaz de la Portilla: Okay, yeah. So now that it's been read into the record, now we give people an opportunity to come and comment. When do we bring it up though? Chair Hardemon: Right. So what we'll do is we'll allow people, if they want to call in, to kind of start the queue. Before we address the item, I'll open public comment for that one item, allow people, if there are any public comments that need to be made, to make their comments. Then I'll close public comment and then we'll address the item. Commissioner Diaz de la Portilla: Okay. Okay. Thank you. Commissioner Carollo: And let me place on the record the fact that I was not able to place this in the regular agenda was that the information that we all received that the Police Chief was resigning came after that deadline to place something in the agenda. Chair Hardemon: Thank you very much, Commissioner. Commissioner Carollo: Thank you. DIRECTIVE A DIRECTION BY VICE CHAIR RUSSELL TO THE CITY ATTORNEY AND CITY MANAGER TO BRING BACK AN ORDINANCE THAT INCLUDES THE EXPANSION OF THE MOTORIZED SCOOTER PROGRAM, REVENUE SHARING, AND AUTHORIZED APPROPRIATIONS FOR MOTORIZED SCOOTER PROGRAM FUNDS; FURTHER DIRECTING THE CITY MANAGER TO PERFORM AN ANALYSIS OF HOW MANY SCOOTER - RELATED ACCIDENTS HAVE OCCURRED. RESULT: DISCUSSED Vice Chair Russell: I'd like to help move this along; perhaps with direction to the Manager to -- and the City Attorney -- bring back an ordinance, co -sponsored by whoever would like to join in on it, encapsulating what we discussed. I would love to get an analysis of how many accidents have happened that are scooter related so we can get a handle on what burden this is placing on Police and Fire, so we can come up with a fair distribution of that when that ordinance comes. Commissioner Carollo: Well, that's not going to give you the real numbers. There are many police officers that either have received a direct call, or nothing is in the log that's going to appear that have had to -- have stopped people riding these things wildly, where maybe they haven't ticketed them. But they have had to use their time, because of their actions. So, the best thing -- City ofMiami Page 196 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 Vice Chair Russell: Somewhere with some sense of data, just so we can have that discussion from a place of numbers. And you may be right. Commissioner Carollo: But that day is going to be upside down. Vice Chair Russell: (UNINTELLIGIBLE) that cost for us -- for that policeman to do that. Commissioner Carollo: That data is going to be upside down. Vice Chair Russell: But I think we're in a bit of a circle here. And I hear where you're coming from. I hear you're against it. You've said some inflammatory things that upset me. I've said some inflammatory things that upset you. Commissioner Carollo: I said it -- Commissioner Diaz de la Portilla: I haven't heard any inflammatory things. Commissioner Carollo: You haven't said anything that's upset me. I've said that before. Now if I said something, I don't think I said anything inflammatory. But if I said something that offended you, that was not the intention. I think we're all grownups here, that we're not so gentle that, you know, any little stroke (INAUDIBLE). Vice Chair Russell: I agree. Commissioner Carollo: Well, you know -- Vice Chair Russell: (INAUDIBLE). Commissioner Diaz de la Portilla: Look, look, look. Chairman Hardemon, we really need like maybe Christine King to replace you, .so we have a female in this group. And then maybe if we have a female member, everybody could calm down and get a little bit of the testosterone level down a little bit here. We're all good to go. Nobody said anything inflammatory. Commissioner Carollo: What I don't understand is, you and Reyes were the ones that, you know, told him you were offended. Commissioner Diaz de la Portilla: Yeah. And he took it out on you. I know. I saw that. I saw that. Commissioner Carollo: He wants to pick a fight with me. You know, 1 don't understand why he wants to pick a fight with me. Commissioner Diaz de la Portilla: Yeah. You guys need to, you know, you guys need to get along. Everybody needs to get along here. Commissioner Carollo: Did (UNINTELLIGIBLE) give me another call or what? I don't know. City ofMiami Page 197 Printed on 3/28/2022 City Commission Meeting Minutes September 24, 2020 NA.6 7953 City Commission ADJOURNMENT DIRECTIVE A DIRECTION BY VICE CHAIR RUSSELL TO THE CITY MANAGER TO INSTRUCT THE BUILDING DIRECTOR TO INVESTIGATE, IDENTIFY THE SOURCES OF VIOLATIONS RELATED TO SILTING AND DISPOSAL OF WASTE THROUGH THE CITY'S STORMWATER MANAGEMENT SYSTEM INTO THE BAY AND TO PROVIDE ENFORCEMENT THROUGH ISSUANCE OF STOP WORK ORDERS; FURTHER DIRECTING THE CITY MANAGER TO CREATE A COOPERATION WITH WATERKEEPER MIAMI TO ALLOW THE ORGANIZATION TO RECEIVE REPORTS OF VISUAL DISTURBANCES IN THE BAY. L RESULT: DISCUSSED Chair Hardemon: Any, further discussion? Vice Chair Russell: Yes, briefly. I apologize. So on SR.3, very important with regard to the silting issues of the disposal of waste into the bay through our septic -- our storm sewer system. SR.1 and SR.3 seems to clean things up. But honestly, it does not bring the additional penalties that we were hoping for. In fact, we've learned that State statute keeps us from using Code as strong as we would want to against those who dump into the bay. So I would like to direct the Manager to utilize the Building Department Director, who needs to witness a violation, to issue stop work orders where necessary and create a cooperation with Waterkeeper Miami, who has a volunteer force called 1000 Eyes on the Water, where they receive any report of a visual disturbance in the water: silting, algae bloom, or whatever. But it will be on the Building Director to actually investigate, find the source, and enforce in the moment. Is that something that you can do, Mr. Manager? Arthur Noriega (City Manager): I will -- I certainly will start to work on that. Vice Chair Russell: I need us to start now, because we had four notices of violation this weekend alone within a four -block radius and it all dumped into the river. And their notice of violation was a $200 warning. And we need to say, "You need to stop work until you address this situation," and I guarantee you they will fix it fast, and they'll be back to work the next day. But we need to have that teeth. Thank you. So it's not an amendment. It's just a direction to the Manager related to SR.1 and 3, because they don't go far enough. The meeting adjourned at 10:24 p.m. City ofMiami Page 198 Printed on 3/28/2022