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Home My WebLink AboutCC 2008-02-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IF Ali Meeting Minutes Thursday, February 14, 2008 9:00 AM REGULAR City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes February 14, 2008 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofAliami Page 2 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 14th day of February 2008, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Joe Sanchez at 9:16 a.m., recessed at 11:58 a.m., reconvened at 1:33 p.m. to convene an attorney -client session, reconvened at 2:53 p.m. to convene the Commission meeting, and adjourned at 7:41 p.m. Note for the Record: Vice Chair Spence -Jones entered the Commission chambers at 9:17 a.m. and Commissioner Gonzalez entered the Commission chambers at 9:29 a.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 2: 57 p.m. Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Chair Sanchez: The members of the City Commission are Michelle Spence -Jones, Vice Chair, Tomas Regalado, Angel Gonzalez, David -- Marc David Sarnoff, and me, Joe Sanchez, as your Chair. Also on the dais are Pete Hernandez, the City Manager, and Jorge L. Fernandez, the City Attorney, and Priscilla A. Thompson, our City Clerk. The meeting will be opened with a prayer by me, and the pledge of allegiance by Commissioner Marc Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 08-00157 CEREMONIAL ITEM MAYORAL VETOES Special Presentation HUD honors the City of Miami's Change -A -Light Initiative. Office Depot provides additional support. 08-00157 Protocol.pdf A Certificate of Excellence was presented to City ofMiami Mayor and Honorable City Commissioners from Cheryl Marken, a representative from the U.S. Department of Housing and Urban Development, for its commitment to saving energy and protecting the environment; further, Victor Palacio, district manager of Office Depot, donated 200 free environmentally -friendly light bulbs. Chair Sanchez: At this time, we'll go ahead and go into the presentations and proclamations. I do believe that we have several presentations that we'd like to address. And I think, Mr. Mayor, you're recognized for the record on the presentations. Presentations made. NO MAYORAL VETOES Chair Sanchez: All right. We'll go ahead with the consent agenda. Is there anyone -- City ofMiami Page 3 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Priscilla A. Thompson (City Clerk): Excuse me, Chair. Chair Sanchez: -- any of the Commissioners -- Ms. Thompson: Do you want to note your mayoral vetoes? Chair Sanchez: Yes. I apologize. There are no mayoral veto. There hasn't been none, and I don't think there's going to be any for a while, hopefully. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Votes: Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, to APPROVED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: Are there any other consent agenda for discussion? If not, then we need to have a motion to approve the regular Commission meeting ofJanuary 10, 208 [sic]. Is there a motion? Commissioner Sarnoff So move. Vice Chair Spence -Jones: Second. Chair Sanchez: Motion is made by Commissioner Sarnoff second by the Vice Chair, Spence -Jones. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Item is approved. That was the regular Commission meeting ofJanuary 10, 208 [sic] approval. City ofMiami Page 4 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 ORDER OF THE DAY Chair Sanchez: Also want to take the opportunity to express condolence to Commissioner Regalado for the loss of his wife, and we ask that our prayers be with him and his family through this tough times. "[Later...]" Chair Sanchez: All right. We will now begin the regular meeting. The City Attorney will state the procedures for the following during this meeting -- to be followed during this meeting. Mr. City Attorney, could you read the procedures into the record? Jorge L. Fernandez (City Attorney): Yes. Good morning, Mr. Chairman, Commissioners, members of the public. Any person who's a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of Code section about lobbyists is available in the City Clerk's office. The material in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's office and online. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote. The City ofMiami requires any person or entity requesting relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees to disclose, at the commencement of the hearing on the issue, any consideration provided or committed directly or on its behalf to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. Consideration includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Please note that if you have previously submitted an affidavit as part of an application package, you are required to read the disclosure contained therein into the record prior to the commencement of the hearing. Also, if there is any additional information to disclose since the time you submitted the application package, you must supplement the affidavit. If you have not previously submitted the affidavit and have information to disclose, please obtain and complete the affidavit prior to the commencement of the public hearing. Individuals retained or employed by a principal as a lobbyist, as defined in Section 2-653, and appearing before the City Commission or any of its boards, solely in the capacity of a lobbyist and not as the applicant or owner's legal representative are not required to submit the affidavit. The disclosure form, which is available from the City Clerk, must be read into the record by the requesting person or entity prior to submission to the City Clerk. 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 on which the appeal is based. Absolutely no cell phones, beepers, nor other audible sound or ringing devices are permitted in the Commission chambers. Please silence those now. Any person making impertinent or slanderous remarks or who becomes unruly while addressing the Commission shall be barred from further attending Commission meetings unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling or verbal outbursts in support or opposition to a speaker or a Commissioner are allowed. No signs or placards are allowed in the chambers. Persons exiting the Commission chambers shall do so quietly. Persons may address the City Commission on items appearing on the `public hearings" portion of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk as soon as possible of the desire to speak, giving the Clerk their names. At the time the item is heard, persons who will speak should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered City ofMiami Page 5 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. At this time, Mr. Chairman, the Administration will announce which items, if any, are being either withdrawn, deferred or substituted. Chair Sanchez: Mr. City Manager. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, good morning. The following items are either being deferred, continued or withdrawn. The first one is FR.4, to be continued. The second one is FR.5, to be withdrawn. And the last one is RE.9, to be withdrawn. Those are the only changes. Mr. Fernandez: Mr. Chairman, I would also like to ask the City Commission to pull out CA. 7 for a minor modification that that item needs. Chair Sanchez: All right. But before we get to the consent agenda -- all right -- is there a motion to withdraw or to continue -- Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: -- the items stated by the City Manager? There's a motion by Commissioner Gonzalez, second by Commissioner Spence -Jones. Any discussion on the items? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" "[Later...]" Chair Sanchez: (INAUDIBLE) Commission meeting is back to order. Mr. City Attorney, you're recognized for the announcement of the shade meeting. Mr. Fernandez: Yes. Mr. Chairman, Commissioners, members of the public, on January 10, 2008, under the provisions of Florida Statutes Section 286.011(8), I requested that this Commission meet in private to discuss pending litigation in the case ofJerry Townsend, et al. versus City ofMiami, case number 0321072. The City Commission approved my request, and we will now, at approximately 1:35, commence a private attorney -client session under the parameters of Florida Statutes 286.011(8). The private attorney -client session will conclude at approximately 2 p.m., at which time the regular City Commission will resume. The session will be attended by the members of the City Commission, Chairman Joe Sanchez, Angel Gonzalez, Marc Sarnoff Tomas Regalado and Vice Chair Michelle Spence -Jones, the City Manager, Pedro Hernandez, the City Attorney, Jorge Fernandez, Deputy City Attorney Julie Bru, and Assistant City Attorney Warren Bittner, and nobody else. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. And now at this time, everyone that was mentioned is supposed to step into your conference room for purposes of conducting this attorney -client privileged meeting. Chair Sanchez: Thank you, Mr. Attorney. And we will be back after the shade meeting. The Commission meeting stands in recess for a shade meeting. [Later... City ofMiami Page 6 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Chair Sanchez: (INAUDIBLE) with the meeting. The shade meeting is adjourned, and we call to order the regular City ofMiami Commission meeting. I would like Commissioner Gonzalez to be here before I address the issue of the City Manager. We -- I'm sorry, the City Attorney. Before -- Vice Chair Spence -Jones: New -- something new? Chair Sanchez: I get -- you know. CONSENT AGENDA CA.1 08-00069 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $165,097.35, FOR A ONE-YEAR PERIOD, TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COUNTY COURT OVERTIME REDUCTION STANDBY PROGRAM; ALLOCATING SAID FUNDS FROM THE POLICE GENERAL OPERATING FUND, ACCOUNT NO. 00001.191651.534000.0000. 08-00069 Legislation.pdf 08-00069 Summary Form.pdf 08-00069 Letter.pdf 08-00069 Letter2.pdf 08-00069 Operating Budget.pdf 08-00069 Comparison.pdf 08-0069-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.2 08-00070 Department of Parks and Recreation R-08-0058 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING FUNDS, IN AN AMOUNT NOT TO EXCEED $18,320, CONSISTING OF A GRANT AWARD FROM THE MIAMI-DADE COUNTY OFFICE OF CAPITAL IMPROVEMENTS SAFE NEIGHBORHOOD PARKS BOND PROGRAM, 2007 RECAPTURED FUNDS, FOR SITE FURNISHINGS AT ROBERTO CLEMENTE PARK AND WEST END PARK, MIAMI, FLORIDA; AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT OF $18,320, CONSISTING OF THE CITY OF MIAMI'S ("CITY'S") REQUIRED MATCHING FUNDS, FROM THE CITY'S CAPITAL IMPROVEMENTS PROGRAM PROJECT B-30541; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS FOR THE ADMINISTRATION AND IMPLEMENTATION OF SAID GRANT AWARD. 08-00070 Legislation.pdf 08-00070 Summary Form.pdf 08-00070 Memo.pdf 08-00070 Memo2.pdf 08-00070 Pre-Legislation.pdf 08-00070 Pre -Legislation 2.pdf 08-00070 Letter.pdf City ofMiami Page 7 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0059 CA.3 08-00071 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING FUNDS, IN Parks and AN AMOUNT NOT TO EXCEED $65,000, CONSISTING OF A GRANT Recreation AWARD FROM THE MIAMI-DADE COUNTY OFFICE OF CAPITAL IMPROVEMENTS SAFE NEIGHBORHOOD PARKS BOND PROGRAM, 2007 DISCRETIONARY FUNDS, FOR THE BOUNDLESS PLAYGROUND PROJECT AT ARMBRISTER PARK ("PROJECT"); AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT OF $65,000, CONSISTING OF THE CITY OF MIAMI'S ("CITY'S") REQUIRED MATCHING FUNDS, FROM THE CITY'S CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. B-30541; FURTHER ALLOCATING FUNDS, IN THE AMOUNT OF $120,000, FROM THE HOMELAND DEFENSE BOND FUNDS, PROJECT NO. B-39910E, FOR THE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS FOR THE ADMINISTRATION AND IMPLEMENTATION OF SAID GRANT AWARD. 08-00071 Legislation.pdf 08-00071 Summary Form.pdf 08-00071 Memo.pdf 08-00071 Memo2.pdf 08-00071 Pre-Legislation.pdf 08-00071 Pre -Legislation 2.pdf 08-00071 Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0060 CA.4 08-00072 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Fire -Rescue RECEIVED NOVEMBER 28, 2007, PURSUANT TO INVITATION FOR BIDS NO. 66032, FROM CT FIRE PROTECTION, INC., FOR THE PURCHASE OF FIRE SPRINKLER REPAIRS AND PUMP REPLACEMENT SERVICES AT THE FIRE TRAINING CENTER, FOR A TOTAL CONTRACT AWARD AMOUNT NOT TO EXCEED $72,500; ALLOCATING FUNDS FROM PTAEO 40-B32807.02.1105.CONSTRUCTION.181000. 08-00072 Legislation.pdf 08-00072 Summary Form.pdf 08-00072 Award Recommendation.pdf 08-00072 Invitation for Bid.pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 8 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.5 08-00073 Department of Police R-08-0061 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED OCTOBER 24, 2007, PURSUANT TO INVITATION FOR BIDS NO. 53025, FROM FLIGHT MANAGEMENT SYSTEMS, FOR THE PURCHASE AND INSTALLATION OF GPS MAPPING DISPLAY EQUIPMENT AND SOFTWARE, FOR THE DEPARTMENT OF POLICE'S AVIATION UNIT, AT AN AMOUNT NOT TO EXCEED $86,635; ALLOCATING FUNDS FROM THE 2006 JUSTICE ASSISTANT GRANT (JAG), PROJECT NO. 19-190001, ACCOUNT CODE NO. 12000.191602.664000.0000. 08-00073 Legislation.pdf 08-00073 Summary Form.pdf 08-00073 Award Recommendation.pdf 08-00073 Tabulation of Bids.pdf 08-00073 Invitation for Bid.pdf 08-00073 Addendum.pdf 08-00073-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.6 08-00074 Department of General Services Administration R-08-0062 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED OCTOBER 22, 2007, PURSUANT TO INVITATION FOR BIDS NO. 51025,2, FROM V.I.P. PAINTING, INC., FOR THE PROVISION OF RE -CAULKING OF EXTERIOR WALLS AND WINDOWS AT THE MIAMI RIVERSIDE CENTER BUILDING, IN AN AMOUNT NOT TO EXCEED $76,300, PLUS A CONTINGENCY AMOUNT OF $7,630, FOR A TOTAL AMOUNT NOT TO EXCEED $83,930; ALLOCATING FUNDS, IN THE AMOUNT OF $79,091, FROM FEMA ACCOUNT CODE NO. 80000.241000.546000.0000.00000, AND FUNDS IN THE AMOUNT OF $4,839, FROM CAPITAL IMPROVEMENT PROGRAM ACCOUNT CODE NO. 31000.241000.670000.0000.00000, B# 74217. 08-00074 Legislation.pdf 08-00074 Summary Form.pdf 08-00074 Award Recommendation.pdf 08-00074 Award Sheet.pdf 08-00074 Tabulation Sheet.pdf 08-00074 Invitation for Bid.pdf 08-00074 Plans.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 9 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 R-08-0069 Chair Sanchez: We'll take up item number 6. Commissioner Sarnoff you're recognized for the record on consent agenda 6. Commissioner Sarnoff Thank you, Mr. Chair. I bring this to our attention only because we are about to engage Riverside -- for our MRC (Miami Riverside Center) building to caulk the windows, and we've chosen a contractor, VIP Painting, and I just want to call to everybody's attention the disparity between the bids. VIP Painting bid $76,300. The next bid is $299,290. The following bid is $347,260, and the next bid after that is $420, 000. Now I'm not suggesting we should not take the low bidder. What I am suggesting is, let's keep a very close eye on this. I have trouble believing that somebody could be outbid two-thirds what the next bidder is, and that bid is about 20 -- 80 percent less than the highest bid. This is one that we need to frack to look for change orders, or however you want to put it, whatever phraseology you'd like to state. I want to know if this is going to be finished at $76,300 or, for one reason or another, other than act of God, that we don't end up paying closer to $300, 000 for this particular bid. Just pointing it out. What do they say, mark my words or mark this moment in time? It's our own building, easily tracked. Nobody's going to get up there and say the job contractor or somebody out in the field did a change order. This should be your baby, Mr. City Manager, and I'm just curious whether we're really going to come in at $76,300. And if we do, you did a great job of bidding it. Pedro G. Hernandez (City Manager): Commissioner, your concern is extremely valid. I've talked to staff about it. I also asked staff if they had talked to the low bid to be sure that his bid was proper because what we don't want is for him to come back and say, after the award, oh, I left this out, and I need to do this, and then come -- escalates that price. I believe that the contact has been made. He's been asked if he's comfortable with the bid before we proceed. Glenn, can you add to it? Glenn Marcos: Glen Marcos, Purchasing director. That's correct, Mr. City Manager. I actually spoke once again with the vendor this morning and made him reaffirm the fact that he will stick to the low bid amount of $76,300. And I made it very clear that the City will not be allowing any change orders on the project. So that made it -- I made it very clear. He went ahead and agreed to the fact that he's sticking with his bid price, and he's going to end up doing it at the $76,300 bid amount. Chair Sanchez: Commissioner Gonzalez. Commissioner Gonzalez: That item also caught my attention -- Chair Sanchez: It's caught everybody's attention. Commissioner Gonzalez: -- and I spoke to the City Manager about it and ask him, you know, to ask questions because, I mean, we're not talking -- we're talking about caulking and painting, right? Mr. Marcos: That's correct. Commissioner Gonzalez: Caulking is budgeted or -- by linear feet, and painting is done by square foot, and it's very simple. It's multiply your feet by `X" amount of dollars, and that will give you the exact figure. And I can't understand how come a bid can go from 70-some thousand dollars to 420-some thousand dollars. I mean, you know -- so my concern is the same concern; yeah, lowest bidder, but then change orders, or the building stay halfway done. You know, you got to be very careful because -- Mr. Marcos: We -- City ofMiami Page 10 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Gonzalez: -- I mention it. I'm writing it down. If that comes back for another approval of money for a change work order, my vote will be no. So you know -- Commissioner Sarnoff Commissioner, you know what you should look for? You should look for the change order when he forgot to put the scaffolding in there. Commissioner Gonzalez: Right. Exactly. Mr. Marcos: Commissioner, once again, I did speak to the confractor. The confractor knows that there won't be any change orders. One other thing I would like to add for the record. We also went -- in analyzing the bid, we looked at that, and that caught our eye. And we were strongly adamant about contacting the actual references of this particular bidder. We've made contact with the references because the method award is to the lowest responsive and responsible bidder. And the responsibility aspect is what we were looking after because of the fact that there was a discrepancy -- a disparity in pricing. So in looking at that, all the references came out and gave him a great, positive review, and the one thing that they kept on saying, on or under budget -- on and under budget. So as soon as we heard that, we felt comfortable, and that's why we're making the recommendation to the City Commission. Commissioner Gonzalez: All right. Chair Sanchez: All right. Any further discussion on CA. 6? If not, I think there's been a clear concern by the Commission as to no change orders on that. All right. Is there a motion on CA.6? Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a motion by Vice Chair Spence -Jones. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: It passes. CA.7 08-00075 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF TRANSLATING AND INTERPRETING SERVICES, FROM VARIOUS VENDORS, ON AN AS -NEEDED BASIS, FOR VARIOUS CITY OF MIAMI DEPARTMENTS, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6524-4/10-2, EFFECTIVE THROUGH DECEMBER 31, 2008, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City ofMiami Page 11 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 08-00075 Legislation.pdf 08-00075 Summary Form.pdf 08-00075 Award Sheet.pdf 08-00075 Items Awarded.pdf 08-00075 Invitation for Bid.pdf 08-00075 Affidavits.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0071 Chair Sanchez: All right. Mr. City Attorney, you're recognized on item number 7 [sic]. Jorge L. Fernandez (City Attorney): Yes. On item number 7 [sic], the issue of translating and interpreting services when it comes to the legal field are highly specialized translating and interpreting services, and these are considered to be part of what is defined in the Code as legal services and those, by our Code, are exempt from procurement. So the way to pass this resolution -- and I want you to pass this resolution -- is clearly inserting a short phrase where it's excluding the Office of the City Attorney from the constraints or from the provision of these services under this resolution. And the way to do that would be on an as -needed basis for various City ofMiami departments, excluding the Office of the City Attorney. And with that minor modification, this item is ready for your consideration. Chair Sanchez: All right. Is there a motion with the -- Commissioner Sarnoff So moved -- Chair Sanchez: -- modification? Commissioner Sarnoff -- as amended. Chair Sanchez: All right. So move, as amended -- Commissioner Gonzalez: Second. Chair Sanchez: -- with the language placed by the City Attorney. The motion has been moved by Commissioner Sarnoff second by Commissioner Gonzalez. Any discussion on item number 7 [sic] -- that's consent agenda number 7. Hearing no discussion on the item, as amended, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. CA.8 08-00076 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED OCTOBER 23, 2007, PURSUANT TO INVITATION FOR BIDS NO. 52028, 2, FROM ORACLE ELEVATOR, INC. D/B/A ORACLE ELEVATOR COMPANY A/K/A MOWREY ELEVATOR SERVICE, INC., FOR THE PROVISION OF ELEVATOR MAINTENANCE SERVICES CITYWIDE, ON AN AS -NEEDED BASIS, FOR A PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR UP TO TWO (2) ADDITIONAL ONE-YEAR City ofMiami Page 12 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Votes: PERIODS; ALLOCATING FUNDS FROM THE VARIOUS FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00076 Legislation.pdf 08-00076 Summary Form.pdf 08-00076 Award Reccomendation.pdf 08-00076 Award Sheet.pdf 08-00076 Letter.pdf 08-00076 Fax Sheet.pdf 08-00076 Quote.pdf 08-00076 Certification.pdf 08-00076 Invitation for Bid.pdf 08-00076 Webpage.pdf 08-00076 Articles of Amendment.pdf This Matter was ADOPTED on the Consent Agenda. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0063 CA.9 08-00077 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Purchasing RECOMMENDATION OF THE CITY MANAGER, APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 31027, TO ACCEPT THE SUBMITTALS OF THE VARIOUS PRE -QUALIFIED CATERING FIRMS AS LISTED ON "ATTACHMENT A," DEEMED QUALIFIED UNDER THE MENU CATEGORIES AS SPECIFIED IN "ATTACHMENT A," TO PROVIDE CATERING SERVICES CITYWIDE, ON AN AS -NEEDED BASIS, FOR A BASE TERM OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES, OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER, IN ACCORDANCE WITH THE RFQ ,TO ADD QUALIFIED FIRMS OR INDIVIDUALS TO THE CONTRACT WHEN DEEMED IN THE CITY OF MIAMI'S BEST INTEREST WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. 08-00077 Legislation.pdf 08-00077 Summary Form.pdf 08-00077 List of Caterers.pdf 08-00077 Memo.pdf 08-00077 Qualifications.pdf 08-00077 Pre-Qualification.pdf 08-00077 Award Recommendation.pdf 08-00077 Pre-Qualification2.pdf 08-00077 Request for Qualification.pdf CONTINUED City ofMiami Page 13 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to continue item CA.9 to the Commission meeting currently scheduled for March 13, 2008. Direction by Vice Chair Spence Jones to the Administration to provide the City Commission with a list of caterers located within the City ofMiami corporate limits, and to reflect the addresses of all caterers on the list of pre -qualified catering firms. Chair Sanchez: Okay. CA.13. Commissioner Sarnoff I had CA.9. I don't know -- Vice Chair Spence -Jones: CA.9. Chair Sanchez: Oh, I'm sorry. CA.9. Commissioner Sarnoff Mr. Chairman, this is apparently a bid to allow the City Manager to, I guess, create qualified catering firms, and I take it that he did some sort of an RFQ (Request for Qualifications) and has chosen a number of firms. It is not the principle here; it's the wording of the document itself. If you read CA.9 carefully, you'll read where it says the City reserves the right, at any time during the term of the confract, and at its sole discretion, to allow the addition of other qualified firms to the confract that meet the City's needs without further City Commission authorization. Now I wouldn't call that a loophole; I would call that a tunnel. That means that the City Manager can, without regard for anyone who did the RFQ, at his own sole discretion, hire a catering firm. Read it carefully. I don't know that that's your intent, but I just want to point out to the Commission, the wording -- sometimes, it's the devil in the detail, and that is a detail that allows the City Manager then to go out and issue catering contracts to anyone. Chair Sanchez: All right. Is there a motion to scratch that language? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. Vice Chair Spence -Jones: And I'd just like to add. Chair Sanchez: Okay. But -- CA.9 is the item being discussed, Madam Clerk, and there's a motion to remove the language in the bottom that deems the City ofMiami -- the City Manager from not having to come back to the Commission, in other words. There's a motion and a second. Who's on -- who made the second? Vice Chair Spence -Jones: I made the second. Chair Sanchez: Who made the motion? Vice Chair Spence -Jones: Gonzalez. Commissioner Gonzalez: I did. Chair Sanchez: Okay. Gonzalez made the motion, second by the Vice Chair to remove that language. Any further discussion on the item? City ofMiami Page 14 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: Yes. Yes, Mr. Chairman. I just need to have clarification from the City Manager. First of all, I want to commend you guys for having a very diverse group of caterers on the list. I know, at least for the last five or six years, being in -- just in City Hall or being in city government, never have I seen a list this diverse, and that's been one of the issues. When a lot of the events or activities take place within the City, we have one caterer that's stuck with trying to do a vary [sic] of things, so I'm glad to see that we have Haitian caterers, Caribbean caterers, South Asian caterers, Japanese caterers, barbeque, all of that -- Cuban -- just a mixture because for each activity or event that you guys have, I think it's important that -- to support local caterers from different communities, so I want to commend Glenn for making sure that at least we got a nice mix of caterers to choose from for the various activities that we have going on. So I'm assuming, Mr. Manager, that was the purpose of this list. Pedro G. Hernandez (City Manager): Yes, it is. And in reference to the comments by the Commissioner, we --I agree. The only maybe comment that I would make is that ifI have a need to add an additional firm, that I will bring it back through the City Commission for your blessing. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. Vice Chair Spence -Jones: That was my only comment. Chair Sanchez: All right. Madam -- Glenn Marcos (Director, Purchasing): What -- I'm sorry. Chair Sanchez: Commissioner Regalado, CA.9. Commissioner Regalado: What is the purpose of this catering? I mean, what functions are we talking about? Mr. Marcos: We're looking at the State of the City address, certain events that is held by the City Manager or the Commissioners. We're looking at City events -- Commissioner Regalado: Wait, wait, wait, wait, wait. If the Commissioners have an event, who pays for it? Does the general budget or the budget of the City Commissioner? Mr. Marcos: Well, that I wouldn't be able -- Commissioner Regalado: Well -- Mr. Marcos: -- to answer. Commissioner Regalado: -- somebody has to answer that. Mr. Marcos: Some -- as far as -- Mr. Hernandez: Commissioner, it depends really on who is sponsoring the event. If a specific Commissioner is having something that is very -- let's say, it's a narrow focus to their district, it may be a little different, but we're talking about events that are sanctioned and approved by the City Commission as a whole that we sponsor. Commissioner Regalado: But can you tell me what kind of events? I don't understand. City ofMiami Page 15 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Mr. Marcos: Like I said, like the State of the City -- Commissioner Regalado: Okay, the State of the City. Mr. Marcos: -- will be one of the events. Commissioner Regalado: What else? Mr. Marcos: You have a lot of the Parks & Recreation events that you have out there in the parks that have some catering involved. Commissioner Regalado: Okay. Mr. Marcos: Like the jazz festivals; those are the catering events that we're looking at. Commissioner Regalado: The reason I'm asking is because last Christmas, on the Christmas tree lighting, we were asked to provide our own food, and we went out and get food;; no bids or no anything. We just paid for the food out of our pocket, not from the budget, so I don't understand the phrase of City Commissioners when it's sanctioned. What is mean -- what is the word "sanctioned" means? Means that we have to approve some event here and then the general fund pays for it? Mr. Hernandez: Commissioner, I'm -- Vice Chair Spence -Jones: I think -- Mr. Hernandez: -- going to ask Julie Mansfield to give us examples of projects or events that we have sponsored. Commissioner Regalado: No, no, no. I understand that. I understand. I -- parks and the State of the -- the Mayor's speech, which, by the way, was cancelled, I don't know, or postponed -- I don't know that, but I'm talking of events. Say that a City Commissioner wants to do an event in his or her district. Would this -- do we have to go by this list? Mr. Marcos: The answer is yes, and -- Commissioner Regalado: The answer is yes. Mr. Marcos: The answer is yes. And for the record, Commissioner, that is why we're asking the City Commission to delegate the authority to us to add additional vendors because we understand that, at times, there's certain vendors that have not been qualified that would want to be qualified for a particular menu and want to compete for the City's job. Like mentioned by Commissioner Spence -Jones, we want to end up having a diversify local minority pool, and we want to make it as open as possible so we -- Commissioner Regalado: But you have a vendor here that does Haitian, Caribbean, barbeque, American, Cuban, so that's diversified. Mr. Marcos: That is diversified -- Chair Sanchez: All right. Mr. Marcos: -- but what I'm saying is is that right now the City Commission is only approving those vendors currently that have been qualified, and only those will be allowed to compete for that particular event. What I'm saying is is that once the event is getting closer, if there's a need City ofMiami Page 16 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 to end up having more competition, I'm advocating the fact that we would want as many caterers as possible to end up competing for the City's business. Commissioner Regalado: Then why did you pick this one? Mr. Marcos: Because of the fact that we actually need a contract right now and have a list of vendors so they can provide those -- Commissioner Regalado: So this is symbolic? Mr. Marcos: This is not symbolic. This is concrete. Commissioner Regalado: You're saying you're asking for a free hand in going out and hiring anyone -- Chair Sanchez: All right. Commissioner Regalado: -- so why did we went to bid? If you want to hire everyone, why --? Mr. Marcos: It's not hiring everyone, Commissioner. Commissioner Regalado: You just said it. Mr. Marcos: It is allowing for competition and allowing everybody to compete for that catering job. Commissioner Regalado: Look, that's -- you're not -- Chair Sanchez: All right. Commissioner Regalado: -- convincing me. I mean -- Chair Sanchez: Okay. All right. Listen, there's a motion and a second. It's been amended to remove the following language, "to add qualified firms or individuals to the contract when deemed in the City ofMiami's best interest without further City Commission authorization." That's the language that's being removed. That's the amendment that has been proffered by Commissioner Sarnoff. Is that correct? Commissioner Sarnoff Oh, the amendment's fine with me, but I'm --I have a question, follow-up question 'cause -- Chair Sanchez: All right. Commissioner Sarnoff -- I want to see ifI could put this together. You're creating a list of vendors that you make the choice from, correct? Mr. Marcos: We create the list of vendors, and then what happens is is that they will end up competing for that particular event. And so they still have to go through a competition -- Commissioner Sarnoff No. I -- but who -- where does that competition occur? At your office, right? Mr. Marcos: It will occur as far as the menu that's selected, and then we will end up -- Commissioner Sarnoff Let's just -- let's say you want Japanese food -- City ofMiami Page 17 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Mr. Marcos: Yes. Commissioner Sarnoff -- since I'm a huge fan of it. You want Japanese food. You have three Japanese vendors. Is that --? Mr. Marcos: We will have those that have been currently listed there -- and what happens is is that we'll end up seeking prices first -- Commissioner Sarnoff Right. Mr. Marcos: -- and then what happens is is that we will have a committee do a food tasting of the actual food -- Commissioner Regalado: Really? Mr. Marcos: -- just to make sure that -- Commissioner Regalado: Okay. Mr. Marcos: -- it's based upon quality and not just pricing. Commissioner Sarnoff Okay. Mr. Marcos: And therefore, that's the reason why we're asking for additional vendors to be added to the contract. Commissioner Sarnoff Right. And the vendors, I take it, are attached to our -- these are the vendors you want? Mr. Marcos: Right now, these are the vendors that have submitted for -- Commissioner Sarnoff So -- Mr. Marcos: -- to be qualified. Commissioner Sarnoff -- then your committee -- and I'm just referring to it -- let's use it as your procurement -- your procurement committee then selects, based on taste, quality, and theoretically price, a Japanese vendor, correct? Mr. Marcos: That is correct. Commissioner Sarnoff And only this list of -- universe ofJapanese vendors can be solicited by the City, correct? Mr. Marcos: Only those that are currently qualified. And that's why I kind of -- that's why I feel it's very restrictive, and it shouldn't be like that. I would want to allow as many vendors to come in and compete for that because I think that they should, especially if those vendors are within the City ofMiami. Commissioner Regalado: But did you invite them? Mr. Marcos: Yes. We have invited them in the past, but if a Commissioner -- we -- I'm not here to say that we're always successful to end up having people -- City ofMiami Page 18 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Regalado: No, no, no, no. You -- did you invite -- Chair Sanchez: All right. Commissioner Regalado: -- this kind of vendors from the City ofMiami to participate? And did you taste their food or went out and search, or you just --? Mr. Marcos: Commissioner, we ended up publicly advertising the actual RFQ, and yes, we do a substantial reach -out to the community so they can compete for it. So as far as those efforts, I'm comfortable about those efforts. But nonetheless, I'm still going to end up striving for more vendors to be part of this because, at the end of the day, it is our local businesses. Chair Sanchez: All right. Could somebody call the question on this? If no further discussion, Madam -- Commissioner Gonzalez: I do have -- now this has been opened to more questions. How many of each -- of these companies in each category do you have in your pool of restaurants or catering companies? Let's say how many Haitian, Caribbean companies? How many Hispanics? I wouldn't say Cuban; I would say Hispanic companies. How many Italian companies? Mr. Marcos: Commissioner, that -- again, that changes. That changes almost like on a monthly basis. You have restaurants and caterers opening business day in and day out, so that actually changes, and that's the reason why I was asking for this because I thought it was well intended. Commissioner Gonzalez: But my question is how many. In each category, how many companies do you have? You know what? Let me -- I don't know how you feel about this, but one thing that really -- I would like to see where these companies are located, what neighborhoods because, you know, you say here a Haitian company -- I -- a Haitian catering company. I can run a Haitian catering company, someone that knows how to cook Haitian food. Is that going to benefit the Haitian community or the Hispanic community? I would like to have this come back with a list of the name of the companies and the addresses, so we know exactly what we're talking about and we know in fact that these companies are inside the City ofMiami. Chair Sanchez: All right. Mr. Marcos: Commissioner, that list is actually attached to your supporting document, and I can read it for the record, ifyou would want. You have -- under the Haitian menu, you have Two Taste Catering being qualified, Blue Flame Catering being qualified under the Haitian menu. Commissioner Gonzalez: Where are they located? Mr. Marcos: I would want to say that both of them are not City ofMiami vendors, and that's -- Commissioner Gonzalez: You see. Chair Sanchez: All right. Listen -- Mr. Marcos: -- the reason why -- Commissioner Gonzalez: That's -- Vice Chair Spence -Jones: Mr. Chairman, can I just ask a question? I know this is getting a little -- everybody has some input on this, butt need to ask this quick question. The purpose and the reason for even doing this list or even putting some sort of process in place is -- did the City, City ofMiami Page 19 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 at one time, just have one major caterer at -- that they were using for all the events? Is that how it was happening before? Commissioner Gonzalez: Probably. Mr. Marcos: What was going on is that we were seeing that, yes, not one caterer, but some of the same caterers were being used over and over again, and there was not a process in place so we can have a competitive process -- Vice Chair Spence -Jones: Okay. Mr. Marcos: -- so therefore, we've aggregated those needs, and that's why we're coming in front of the City Commission to have a catering contract. Vice Chair Spence -Jones: So the goal was to have just a list of caterers just in general that if there's a particular event or activity that takes place, then the City Manager or the Parks Department can look at that list and then request for the caterers to actually put in the bid -- right? -- for a -- Mr. Marcos: Yeah. Vice Chair Spence -Jones: -- particular event? Mr. Marcos: That's correct. Vice Chair Spence -Jones: And then from Julie Mansfield, from your perspective -- as the person that's over Parks, will go through that list, would sample those foods to make sure that they represent that particular event that you're frying to accomplish, and then the selection would be made? Mr. Marcos: That is correct. Vice Chair Spence -Jones: So it's just to have a list of caterers, correct? That was the whole purpose of it before. I think that what we're hearing up here, Mr. Marcos, is that maybe, perhaps what we need to do is do better outreach to get more companies from the Miami area, from the City ofMiami, participating in this. And I think maybe what we need to do is not vote on this item now; have you come back with a list of caterers from the City ofMiami. Now there're a lot of restaurants, for instance, in Little Haiti -- I use that as an example -- that have great Haitian food, but unfortunately, they don't have catering companies. You can have a great restaurant, but you may not know how to cater. Commissioner Gonzalez: Right. Vice Chair Spence -Jones: So I think that what we probably would want to see happen, Mr. Marcos, is just for you to bring back an overall list of City ofMiami caterers, and perhaps, Julie, you can assist him, in the overall areas to make sure that we get a nice list. Mr. Marcos: One thing for the record -- Vice Chair Spence -Jones: Sure. Mr. Marcos: -- Commissioner, just to make sure that there are events that are happening, and so, at the very least, if you want to strike that last sentence, which would force me to come back with the additional qualified vendors, I'll be more than happy to do so, but in the meantime, the City have to end up providing their events to our residents and the general public, and this City ofMiami Page 20 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 contract is very much needed for those events. Vice Chair Spence -Jones: Okay, so let's ask this question. Will this have -- is it necessary for it to happen before the next meeting? It is? Chair Sanchez: Hey, you know, we're going to spend 30 minutes on this -- Vice Chair Spence -Jones: On food. Chair Sanchez: -- and I think the issue here is we have too many chefs in the kitchen. All right. Vice Chair Spence -Jones: I'm hungry. Chair Sanchez: Let's just -- listen, if there's that many problems, this should have been addressed in all the meetings that all the Commissioners have, and there isn't a need to have a 30-minute discussion on this item. Really, when it comes up, either we vote it up or we vote it down. So is there a motion to defer the item? Vice Chair Spence -Jones: So moved. Commissioner Regalado: Move it. Commissioner Gonzalez: I did move it. Chair Sanchez: Okay. The motion that were -- have been taken out. There's a motion by Commissioner Regalado, second by Commissioner Gonzalez to defer the item and come back with more local vendors. That's the only issue that I think some of the Commissioners have. Commissioner Gonzalez: No, not only that, but specifically, I asked about addresses of where these companies are located to make sure -- because we were told that these companies were in the City ofMiami, and when I addressed just the Haitian community, well, unfortunately, these two companies are not in the City, so you know -- Chair Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Mr. City Attorney, you're recognized on item number 7 [sic] for clarification. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, Commissioners -- Commissioner Regalado: Can I --? Excuse me. Chair Sanchez: On this item? Commissioner Regalado: Yes, on this item. Chair Sanchez: Commissioner, the item's been deferred. Why are we going to waste time? Commissioner Regalado: Well, I have all the right in the world to discuss any item in this City Commission. Chair Sanchez: No, you don't. City ofMiami Page 21 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Regalado: I'm equal to everyone. Chair Sanchez: You'll be out of order. Commissioner Regalado: If you want me to -- Chair Sanchez: You'll be out of order. No, no. Commissioner Regalado: Okay. Chair Sanchez: You have to respect the Chair. I try to run a most professional -- Commissioner Regalado: Okay, Mr. Chair. Chair Sanchez: -- decorum -- Commissioner Regalado: You're the boss. Chair Sanchez: -- so with all due respect, I think you need to respect the Chair. This item has been deferred. There's no need to debate it for 25 minutes. Commissioner Regalado: I was going to -- Chair Sanchez: You could sit down with the Administration and staff and address all the issues you have, and when it comes back in front of this Commission, you could take an hour debating the item ifyou want. With all due respect, we move on. "[Later...]" Chair Sanchez: That takes care of the consent agenda. Let's go ahead and go to PH 1. Mr. Hernandez: Mr. Chairman, before we get to that point, I understand that the City Clerk needs to know to what date the catering item was deferred to. Chair Sanchez: Well -- Priscilla A. Thompson (City Clerk): That would be CA -- Commissioner Gonzalez: The next meeting. Ms. Thompson: -- 9. Chair Sanchez: CA.9. Usually, we just defer it to the next regular Commission meeting. Ms. Thompson: If it's continued, it's the next meeting. If it's deferred, it's to a date certain. Chair Sanchez: All right. Well, it's been continued. Ms. Thompson: So that'll be at the next -- Chair Sanchez: Next -- Ms. Thompson: -- regular meeting. Thank you. Chair Sanchez: Yes. And hopefully, we'll have a two -minute discussion, not a half an hour discussion. City ofMiami Page 22 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 CA.10 08-00078 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY BERNADINE LETT, AS PERSONAL REPRESENTATIVE OF BRANDON LEE LETT, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $50,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF BERNADINE LETT, AS PERSONAL REPRESENTATIVE OF ESTATE OF BRANDON LEE LETT, VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 06-22346-CIV-KING, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 08-00078 Legislation.pdf 08-00078 Cover Memo.pdf 08-00078 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0064 CA.11 08-00079 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY MARIA VITA AND DONALDO RIVERA, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $15,000, AS STATED HEREIN, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF MARIA VITA AND DONALDO RIVERA VS. CITY OF MIAMI, ET AL., IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 07-20118-CIV-JORDAN, UPON EXECUTING GENERAL RELEASES OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 08-00079 Legislation.pdf 08-00079 Cover Memo.pdf 08-00079 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0065 CA.12 08-00096 RESOLUTION City ofMiami Page 23 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Manny Diaz ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT MATCHING FUNDS, IN THE AMOUNT OF $50,000, FROM THE CHILDREN'S TRUST, AS A CONDITION OF THE MIAMI NETWORK FOR INTEGRATION, COMPASSION AND EMPOWERMENT PROGRAM GRANT AWARD, PURSUANT TO RESOLUTION NO. 07-0641, ADOPTED NOVEMBER 9, 2007; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID MATCHING FUNDS. 08-00096 Legislation.pdf 08-00096 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0066 CA.13 08-00087 RESOLUTION Department of A RESOLUTION OF MIAMI CITY COMMISSION UPDATING USE FEES FOR Public Facilities USE OF OFFICE SPACE AT THE MANUEL ARTIME THEATER AND COMMUNITY CENTER, LOCATED AT 900 SOUTHWEST 1ST STREET AND 970 SOUTHWEST 1ST STREET, MIAMI, FLORIDA, RESPECTIVELY; AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ORGANIZATIONS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING LICENSE AGREEMENTS TO MODIFY THE DATE FOR USE FEE ADJUSTMENTS TO TAKE PLACE IN OCTOBER OF EACH YEAR AND PROVIDE FOR A THREE PERCENT (3%) ANNUAL INCREASE. 08-00087 Legislation.pdf 08-00087 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0070 Chair Sanchez: CA.13. CA.13 is my item that I have requested to be pulled out for discussion. And that pertains to -- Commissioner Gonzalez: Manuel Artime. Chair Sanchez: Yes. Let me just find it here. All right. We'll let you just go ahead and state for the record what the consent agenda is, and then I'll address the issue. Laura Billberry (Director): Okay. Lori Billberry, Public Facilities. This is a resolution to update the current use fees for use of the theater office space, as well as the office space in the 970 building, often called the community center. The new rates would be $15 for office space within the 970 building, and 13.50 in the theater building for office space, and nonprofits will City ofMiami Page 24 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 continue to receive a 25 percent discount. These rates will not apply to the existing licensees, pursuant to their existing agreements. They will continue to pay their existing rates under those agreements. Any expanded space they take, though, would -- the new rates would apply to any expansion space. This further authorizes the Manager to execute amendments to the existing license agreements, where we will modify the date for the monthly use fee adjustments. Right now, it's scattered throughout the year, based on when the agreement was executed. We'd like to make it consistent for October 1, and make it a flat three percent, so that way the licensees know better how to anticipate their budget needs and the timing of that, and it will also facilitate staff in modifying and enforcing the increases. Chair Sanchez: Lori, I don't have a problem with the rent structure, but we are disgusted with the way the City has maintained that building. All right. That's a historical theater. It's adjacent to buildings that house a lot of the nonprofit organizations in our community, and for many, many years, we've used the bandage approach to fix it up, and as always, the perfect example of someone who doesn't take care of the roof and keeps putting it off and off and off you know, when it's time to fix it, it's going to cost more, and that's the concern that I have. You have child care centers there that they have not had air condition for some time. The -- we constantly get complaints from the elevators not working, and it really reflects bad on the City when we cannot keep our facilities up to par, and then we're out there enforcing the private sector to keep their facilities up to par. So that's a concern that I have. And what I would like to see is, somehow, you know, the proper attention, the proper care be given to maintain our public facilities, which are historical. And that is a historical theater and a facility that provides great service to our city. So, once again, you know, my thing is to have the City Manager explore to make sure we don't continue to use the bandage approach and go out there and fix the problems. You're recognized, Vice Chair. Vice Chair Spence -Jones: Mr. Chairman -- and I definitely want to add. I mean, I had -- I've had opportunity to actually visit the theater. The theater's absolutely beautiful in the heart of Little Havana. I just wanted to -- and I'm glad that you're bringing it up -- this up as an issue because I know that they've been struggling for a long time just keeping the building going and - - like you said, a Band-Aid approach. My question for Lori, though -- Lori, is there a maintenance -- or maybe this is for the Manager -- plan put in place for, you know, the theater? Like -- is there like a -- I mean, when we start talking about, Mr. Chairman, you know, dollars that are set aside for special events, special activities, dollars -- for those type of things, I think it's really important for us to identify out of those dollars monies that can support these historical sites. I mean, you put a lot of work into the -- this is what happened. We put all these dollars into restoring these buildings, and then once they're restored and they're ready to go, guess what happens? They die. So my question becomes, for the Manager, is there a maintenance plan that's put in place to make sure that the building stays up to par? Ms. Billberry: IfI may. I mean, there are many unfunded needs in this building. The issue with the roof it has been several years. The roof is finally being replaced on the theater to the tune of about $400, 000, which is about double what we initially estimated. We have many unfunded needs. I would love to present and get more support for funding, to be quite honest. It is not something we've been great success in getting additional grants because it's not technically historic at this point, you know, from the criteria of historic preservation. We have been able to get some CD (Community Development) funds in the past, CDBG (Community Development Block Grant) funds, and we'll continue to pursue additional grants, but basically, we have several unfunded needs. We are working with Capital Improvements at this point that the 970 building is due for its 40-year certification, and as part of that, we want to develop a more formal capital replacement plan -- Vice Chair Spence -Jones: Okay. Ms. Billberry: -- with that. City ofMiami Page 25 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Sarnoff Mr. Chairman. Chair Sanchez: Yes, sir. You're recognized. Commissioner Sarnoff Manuel Artime Theater is probably, from our perspective in the City of Miami, a true gem and a true historic place for this city. And while funding is an issue -- and I suspect after this next budget in August, funding will become more and more of an issue -- I will do this on behalf of Disfrict 2. I will put $50, 000 of Disfrict 2's discretionary funds from the Homeland Security bond project toward the Manuel Artime Theater for any Commissioner that uses his equal amount. I will match them so that we do have a funding source so that we don't turn around and keep saying we don't have a way, we don't have a means, we don't have a manner. District 2 will use its Homeland Security quality of life dollars and will match any Commissioner's dollars to go to Manuel Artime Theater because this is a theater that we need to love and care for. Chair Sanchez: Marc, I would accept that. Of course, being that I'm fiscal [sic] responsible, I would have to look and see if the money's available from my bud -- from the budget, but let me tell you something. Right now, you know, we have an opportunity to turn an embarrassment into a -- something that we could be all very proud of and that's the concern that I've had. That, in the past -- here we are asking people to raise their rent three percent, which is fine, but still, the elevators continue to be a problem. They go out there; they patch them up; they break down. You know, and it's my office who continues to receive those complaints; the air conditioning. So it's just an ongoing problem that the Administration needs to come up with an action plan to seriously address those concerns. I don't think your 50,000 and my 50,000 are even going to make a difference with the money that needs to be put in that place, but it's been the City's fault for years of years of patching up work and not focusing when it needs to. Maybe with the 40-year plan, when -- certification, when it comes back, the 40-year certification, then we need to explore it through the Administration to put the proper resources, when available, to get that done. Mr. City -- Pedro G. Hernandez (City Manager): Chairman -- Chair Sanchez: -- Manager. Mr. Hernandez: -- ifI may. I think that we're dealing with needs at two levels. We need monies for maintenance, but we also need monies for -- Vice Chair Spence -Jones: Programming. Mr. Hernandez: -- major capital improvements. The 40-year certification process will be underway very soon. I think as part of that inspection process, that we can develop a program of needs for the major capital improvements. And in the meantime, we have to do the best maintenance possible that we can at this point, and we'll be glad to come back with a recommendation as to what that program of improvements is and the associated cost, and also -- Chair Sanchez: And Marc -- Mr. Hernandez: -- how to fund it. Chair Sanchez: -- don't get me wrong, I'll take your money. Commissioner Sarnoff No. And I'll continue to offer it to you. Chair Sanchez: But -- City ofMiami Page 26 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Sarnoff I mean, this is the type -- Chair Sanchez: Yeah. Commissioner Sarnoff -- of venue that we -- you know, I'm even hoping some of the other Commissioners might say this is something worth doing. Maybe not to that tune, but -- I realize that, come August, we're going to have a lot of fights on this dais -- Chair Sanchez: Oh, yeah. Commissioner Sarnoff -- because, as you would say, everybody wants to die and -- everybody wants to go to heaven without dying, and no doubt about that. I just think there are certain venues that we need to preserve. I think this is one of those venues, and you know, I will be there for you today, I'll be there for you tomorrow. Chair Sanchez: All right. No further discussion on the item. Need a motion and a second. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion and a second. The motion is made by Commissioner Gonzalez, second by the Vice Chair. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. CA.14 08-00119 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Police SPECIAL REVENUE FUND ENTITLED: "BUFFER ZONE PROTECTION PROGRAM GRANT" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $188,999.40, CONSISTING OF A GRANT FROM THE DEPARTMENT OF HOMELAND SECURITY, OFFICE OF DOMESTIC PREPAREDNESS TO THE STATE OF FLORIDA DEPARTMENT OF LAW ENFORCEMENT; AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 08-00119 Legislation.pdf 08-00119 Summary Form.pdf 08-00119 Letter.pdf 08-00119 Application for Assistance.pdf 08-00119 Standard Conditions.pdf 08-00119-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0067 CA.15 08-00091 RESOLUTION City ofMiami Page 27 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN THE AMOUNT OF $5,000 TO LATINOS Angel Gonzalez UNIDOS IN ACTION CENTER INC., FOR THEIR EVENT ENTITLED "DOMINICAN AMERICAN HERITAGE AND CULTURAL WEEK," FROM FEBRUARY 22-27, 2008; ALLOCATING SAID FUNDS FROM THE DISTRICT ONE FESTIVAL ACCOUNT NO. 00001.980000.896000.0000.00000; FURTHER REQUESTING THE ARTS AND ENTERTAINMENT COUNCIL TO WORK WITH SAID ORGANIZATION TO HELP MAKE THE EVENT A SUCCESS. 08-00091 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0068 Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chair Sanchez: All right, so we'll go -- well, with the consent agenda, any of the Commissioners want to pull a consent agenda for discussion? Commissioner Sarnoff For discussion, Mr. Chair, CA. 6 and CA.9. Chair Sanchez: All right. Commissioner Sarnoff has requested to pull 6 and 9. Anyone else? I would like to pull 6 -- well, he's pulling 6, so I'll just discuss it when he pulls it -- and I will like to pull 13. Any other Commissioners want to pull any of the consent agendas [sic] for discussion? Hearing none -- Jorge L. Fernandez (City Attorney): Clarification. Number 7, I have a minor -- Chair Sanchez: All right. Mr. Fernandez: -- clarification or -- Chair Sanchez: All right. Mr. Fernandez: -- addition. Chair Sanchez: Number 7 is being pulled by the City Attorney for clarification. Can we vote on the remaining consent agenda? Is there a motion? Commissioner Sarnoff So move. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Spence -Jones. Discussion on the item? Hearing none, all in favor, say "aye." City ofMiami Page 28 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PUBLIC HEARINGS PH.1 08-00080 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 330 SOUTHWEST 5 STREET, MIAMI, FLORIDA, (ALSO KNOWN AS JOSE MARTI PARK), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM. 08-00080 Legislation.pdf 08-00080 Exhibit.pdf 08-00080 Exhibit2.pdf 08-00080 Summary Form.pdf 08-00080 Memo.pdf 08-00080 Notice of Public Hearing.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0072 Chair Sanchez: All right. PH.1. PH.1 is an easement. It's a resolution brought forth by the Department of Public Facility [sic]. Laura Billberry (Director, Public Facilities): Lori Billberry. This is a ten foot easement to FP&L (Florida Power & Light) in connection with the new community center in Jose Marti Park. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion. The motion is made by Commissioner Gonzalez, second by the Vice Chair, Spence Jones. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission for discussion. Hearing no discussion on the item, it's a resolution. All in favor, say "aye." City ofMiami Page 29 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, PH 1 is approved. PH.2 08-00081 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 211 NORTHEAST 59 STREET, MIAMI, FLORIDA, (ALSO KNOWN AS LITTLE HAITI PARK CULTURAL COMPONENT), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM. 08-00081 Legislation.pdf 08-00081 Exhibit.pdf 08-00081 Exhibit2.pdf 08-00081 Summary Form.pdf 08-00081 Memo.pdf 08-00081 Notice of Public Hearing.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0073 Chair Sanchez: PH.2 is also an easement. It's also a resolution. Vice Chair Spence -Jones: So move. Chair Sanchez: This is for the Little Haiti Park. Commissioner Gonzalez: Second. Chair Sanchez: Well, can we have something on the record? Laura Billberry (Director, Public Facilities): This is, again, another ten foot easement to FP&L (Florida Power & Light) in connection with the Little Haiti Park cultural component. Chair Sanchez: All right. The motion has been made by the Vice Chair, Michelle Spence -Jones, second by Commissioner Gonzalez. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH3 City ofMiami Page 30 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 10:30 A.M. PH.3 08-00082 Department of Community Development is transferring funds from [sic] One Art, Inc. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. P -- Chair Sanchez: Oh, I'm sorry, 10:30. That item has been properly advertised for 10:30. It is not 10:30. Do we have a translator? Ms. Thompson: No, not yet. And -- Chair Sanchez: Okay. Ms. Thompson: -- actually, it'll be PH.3 through PH.6; they're all scheduled and advertised -- Chair Sanchez: All right. Ms. Thompson: -- for 10:30. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $50,000, FROM THE CITY OF MIAMI DEPARTMENT OF OFF-STREET PARKING; ALLOCATING SAID FUNDS TO ONE ART, INC., TO REHABILITATE A PERFORMING AND VISUAL ARTS CENTER LOCATED AT 4111 NORTH MIAMI AVENUE, MIAMI, FLORIDA, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; EXTENDING THE TERM OF THE AGREEMENT BETWEEN ONE ART, INC., AND THE CITY OF MIAMI TO SEPTEMBER 30, 2009, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL YEAR; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE EXISTING AGREEMENT, WITH SAID AGENCY, FOR SAID PURPOSES. City ofMiami Page 31 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Votes: 08-00082 Legislation.pdf 08-00082 Exhibit .pdf 08-00082 Exhibit 2.pdf 08-00082 Exhibit 3.pdf 08-00082 Exhibit 4.pdf 08-00082 Summary Form.pdf 08-00082 Public Notice.pdf 08-00082 Directors List.pdf 08-00082 Payroll.pdf 08-00082 Pre-Legislation.pdf 08-00082 Pre-Legislation2.pdf 08-00082 Attachment A.pdf 08-00082 Off Street Parking Funds.pdf 08-00082 Pre-Legislation3.pdf 08-00082 Accounts.pdf 08-00082 Amendment 2.pdf 08-00082 Master Report.pdf 08-00082 Scope of Work.pdf 08-00082 Exhibit C.pdf 08-00082 I nsu rance. pdf 08-00082 Exhibit I.pdf 08-00082 Scope of Work 2.pdf 08-00082 Amendment 1pdf 08-00082 I nsu rance2. pdf 08-00082 Master Report2.pdf 08-00082 Agreement.pdf 08-00082 Scope of Work 3.pdf 08-00082 Compensation Summary.pdf 08-00082 I nsu rance3. pdf 08-00082 Attachment A2.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0074 Chair Sanchez: Madam Clerk, do we have the translator here? Priscilla A. Thompson (City Clerk): Oh, here -- he's here. Chair Sanchez: He is here? Okay. Let's take up the -- Commissioner Sarnoff PH.3. Chair Sanchez: -- PH.3. And we have 3, 4, 5, and 6. Those have been properly advertised for 10:30. Let's go ahead and bring up item PH.3. Alfredo Duran (Assistant Director): Good morning, Mr. Chairman, Commissioners. This is Alfredo Duran, with the Department of Community Development. PH.3 is a resolution recommending the transfer of $50, 000 from Miami Department of Off -Street Parking to One Art, Inc. to rehabilitate the performing and visual arts center, located at 411 North Miami Avenue. These funds were originally provided to District 5 parking lot that was unable to be built due to parking -- zoning restrictions, and it's recommended that these monies are allocated to One Art, City ofMiami Page 32 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 PH.4 08-00117 Department of Community Development which is a vocational arts center that provides music and art training to children in the area. Chair Sanchez: All right. PH.3 is a resolution. Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner -- Commissioner Regalado: Second. Chair Sanchez: -- Gonzalez, second by Commissioner Regalado. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward, identify yourself. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. Discussion. Any discussion on this item? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, PH.3 has been approved. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, FOR THE PURPOSES OF THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT TO ENTER INTO AN AGREEMENT WITH THE ASSOCIATION FOR THE DEVELOPMENT OF THE EXCEPTIONAL, INC., FOR PUBLIC FACILITIES AND IMPROVEMENTS TO COMPLETE CONSTRUCTION ON A TRAINING KITCHEN FACILITY. 08-00117 Legislation.pdf 08-00117 Summary Form.pdf 08-00117 Public Notice.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0075 Chair Sanchez: PH.4. Alfredo Duran (Assistant Director, Community Development): Yes. PH.4 is a resolution waiving the conflict of interest provision contained in Section 2-612 of the City's Code, for the purpose of the City ofMiami Community Development to enter into an agreement with the Association for the Development of the Exceptional. Section 611 of the Code, as amended, provides that no member of a City board shall enter into an agreement with the City ofMiami; further, 614 of the same ordinance provides for a -- permitting for a waiver of the transaction by an affirmative vote of four fifth by the City Commission, and this is a request for that four fifth waiver. Chair Sanchez: All right. This requires a four fifth waiver. It's a waiver of conflict of interest, City ofMiami Page 33 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 so to speak. All right. Is there a motion? Commissioner Regalado: Move it. Commissioner Sarnoff So move. Chair Sanchez: There's a motion by Commissioner Regalado. Is there a second? Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. The item is under discussion. Before we open it up for discussion, it's a public hearing. Anyone from the public wishing to address this item, please step forward. All right. Seeing none, hearing none, the public hearing is closed. We come back for discussion on this resolution. Hearing no discussion on the item, it requires a four fifth vote. Commissioner Sarnoff Mr. Chair. Chair Sanchez: Yes. Commissioner Sarnoff I just want to state on the record very clearly, the only thing that we are waiving a conflict of interest is that one of -- the woman sits on a board in the City ofMiami, but this board has nothing to do with this particular application, correct? Mr. Duran: Absolutely not. Commissioner Sarnoff Nothing whatsoever. Mr. Duran: No. Commissioner Sarnoff Okay. Chair Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, say "nay." Madam Clerk, it passes unanimously. Now let me just address this issue. This is not the only individual in the City, and we need to address that. There needs to be clarity on that because a lot of these individuals really don't get compensated or get no benefit whatsoever, and I'm just going to tell you that we've been reviewing this at our office, and this is not the only individual. There are plenty of board members that are sitting on different boards, and we need to quickly address that issue and find a remedy for it. Vice Chair Spence -Jones: I just want to add on that too, Commissioner -- Chairman Sanchez. I absolutely agree. When we start looking at trying to really get great people to support on our boards, it's difficult for them -- for us to have the support on our boards, but yet and still have a problem with their businesses or things that they're frying to do in the community. So I'm hoping that you're going to take some leadership on addressing that issue 'cause I have at least two or three people that have had to deny themselves to participate because they don't want to have this issue of a conflict. And I know this particular program and this young lady that actually runs this program in the Wynwood area that's an exceptional program that helps the mentally ill young people in the area, so she's a wonderful being, and we're just glad to have her on the board, and I'm glad that we can continue to support her. PH.5 08-00084 RESOLUTION City ofMiami Page 34 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE Development AMOUNT OF $72,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT 33RD YEAR PROGRAM INCOME ACCOUNT; ALLOCATING SAID FUNDS TO THE ASSOCIATION FOR THE DEVELOPMENT OF THE EXCEPTIONAL, INC. ("ADE"), TO COMPLETE CONSTRUCTION ON THE TRAINING KITCHEN FACILITY, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE EXISTING AGREEMENT WITH ADE, FOR SAID PURPOSE. 08-00084 Legislation.pdf 08-00084 Exhibit.pdf 08-00084 Exhibit2.pdf 08-00084 Exhibit3.pdf 08-00084 Exhibit4.pdf 08-00084 Summary Form.pdf 08-00084 Public Notice.pdf 08-00084 Directors List.pdf 08-00084 Pre-Legislation.pdf 08-00084 Pre-Legislation2.pdf 08-00084 Project Proposals.pdf 08-00084 Pre-Legislation3.pdf 08-00084 Attachment A.pdf 08-00084 Pre-Legislation4.pdf 08-00084 Exhibit A.pdf 08-00084 Meeting Minutes.pdf 08-00084 Pre-Legislation5.pdf 08-00084 Exhibit A2.pdf 08-00084 Cost Allocation.pdf 08-00084 Pre-Legislation6.pdf 08-00084 Declaration of Covenants.pdf 08-00084 Description of Property.pdf 08-00084 Amendment 6.pdf 08-00084 Amendment 5 .pdf 08-00084 Amendment 4.pdf 08-00084 Amendment 2.pdf 08-00084 Amendment 1pdf 08-00084 Grant Agreement.pdf 08-00084 Grant Agreement 2.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0076 Chair Sanchez: All right. PH.5 is a resolution transferring the funds to finally get her kitchen done. Alfredo Duran (Assistant Director, Community Development): That's correct. Chair Sanchez: All right. So just state that on the record. City ofMiami Page 35 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 PH.6 08-00140 Department of Community Development Mr. Duran: Yes. That's exactly what it is. It's -- we recommend the transfer of $72, 000 to the Association of [sic] the Development of the Exceptional so they can finally complete their kitchen. That's correct. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: Motion by -- Commissioner Regalado: Second. Chair Sanchez: -- Commissioner Gonzalez, second by Commissioner Sarnoff. This is a public hearing. Anyone from the public wishing to address this Commission? Seeing none, hearing none, the public hearing is closed; coming back to the Commission for a vote. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. And all I have to say is this agency performs miracles. Vice Chair Spence -Jones: Yes. Chair Sanchez: God bless you. All right. Mr. Duran: Thank you. Chair Sanchez: Madam Clerk, PH.5 has been approved unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $10,334, FROM THE AFFORDABLE HOUSING TRUST FUND; ALLOCATING SAID FUNDS, IN THE FORM OF A GRANT, TO MIAMI DREAM HOMES INVESTMENT GROUP, INC., TO REIMBURSE SAID ENTITY FOR FIFTY (50) PERCENT OF THE COST OF CONSTRUCTING WATER AND SEWER LATERALS IN CONNECTION WITH THE CONSTRUCTION OF TWO AFFORDABLE HOMES LOCATED AT 1533 AND 1535 NORTHWEST 58 TERRACE, MIAMI, FLORIDA, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSES. City ofMiami Page 36 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 08-00140 Legislation.pdf 08-00140 Exhibit.pdf 08-00140 Summary Form.pdf 08-00140 Public Notice.pdf 08-00140 Pre-Legislation.pdf 08-00140 Attachments.pdf 08-00140 Memo.pdf 08-00140 Plan.pdf 08-00140 Cost Allocation.pdf 08-00140 Pre-Legislation2.pdf 08-00140 Exhibit A.pdf 08-00140 Memo2.pdf 08-00140 Building Certificate.pdf 08-00140 Quit Claim Deed.pdf 08-00140 Building Certificate2.pdf 08-00140 Letter.pdf 08-00140 Vendor cost list.pdf 08-00140 Check Images.pdf 08-00140 I nvoice. pdf 08-00140 Check Images 2.pdf 08-00140 Proposal.pdf 08-00140 Check Images 3.pdf 08-00140 I nvo ice2. pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-08-0077 Chair Sanchez: PH 6. PH 6 is also a resolution. All right. George Mensah (Assistant Director, Community Development): Commissioner -- Chair Sanchez: Yes, sir. You're -- Mr. Mensah: -- Chair, this is -- Chair Sanchez: -- recognized for the record. Mr. Mensah: -- George Mensah, Department of Community Development. PH 6 is a resolution authorizing the transfer of funds, in the amount of 10,334, from the Affordable Housing Trust Fund, allocating said funds in the form of a grant to Miami Dream Homes Investment Group to reimburse said entity for 50 percent of the cost of constructing water and sewer laterals in connection with the construction of two affordable homes located at 1533 and 1535 Northwest 58 Terrace; authorizing the City Manager to execute all necessary documents in a form acceptable to the City Attorney for said purpose. Chair Sanchez: All right. This is a resolution. Is there a motion? Commissioner Gonzalez: I'll move it. Vice Chair Spence -Jones: Second. City ofMiami Page 37 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 SR.1 07-01304 Department of Parks and Recreation Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Vice Chair Spence -Jones. Before we open it up for a discussion, anyone from the public wishing to address this item, please step forward. This is a public hearing. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. Any discussion on this item? Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ADDING A NEW SECTION TO CHAPTER 2, ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS," TO ESTABLISH THE PARKS AND RECREATION ADVISORY BOARD, TO SET FORTH SAID BOARD'S PURPOSES, FUNCTIONS, POWERS, RESPONSIBILITIES, AND JURISDICTION; TO PROVIDE FOR MEMBERSHIP, QUALIFICATIONS, NOMINATIONS AND APPOINTMENTS OF MEMBERS, TERMS OF OFFICE, FILLING OF VACANCIES, OFFICERS, MEETINGS, QUORUM, ATTENDANCE REQUIREMENTS, REMOVAL, AND ASSIGNMENT OF STAFF AND LIAISON(S), AND TO PROVIDE FOR AN ANNUAL REPORT AND THE "SUNSET" REVIEW OF SAID BOARD EVERY FOUR YEARS; MORE PARTICULARLY BY ADDING TO ARTICLE XI A NEW DIVISION 11, BY AMENDING SECTION 2-887 OF SAID CODE TO ADD THE PARKS AND RECREATION ADVISORY BOARD AND TO DELETE THE FORMER COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE AND THE FORMER PARKING ADVISORY BOARD; AND BY AMENDING 2-892 OF SAID CODE TO ADD THE PARKS AND RECREATION ADVISORY BOARD; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. 07-01304 Legislation SR.pdf 07-01304 Legislation FR.pdf 07-01304 Summary Form FR/SR.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12967 Chair Sanchez: Let's go to SR.1. SR.1 is the Parks & Recreation Advisory Board. Ernest Burkeen: Ernest Burkeen, director of Parks & Recreation. This is a second reading ordinance authorizing the establishment of the new Parks & Recreation Advisory Board, and there is a change in the language. Julie O. Bru (Deputy City Attorney): Yes. Mr. Chairman, and members of the Commission, on SR.1, there's been some discussion amongst members of the Administration about the section of this ordinance that requires the City Clerk to provide the services of an individual to keep minutes of the meeting and maintain the advisory board correspondence. That hasn't been, I City ofMiami Page 38 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 guess, fully vetted out, so what we would recommend is that we delete that section. It's really not necessary. That's really an administrative issue that could be handled just in-house without it being part of this ordinance. So my recommendation is that we delete Section 2-1144.5 (a). Chair Sanchez: All right. Well, that would be made as an amendment to the second reading of this ordinance. Ms. Bru: Yes. And it's non -substantial, and it can be made without having to bring this back. Chair Sanchez: All right. Parks director? Mr. Burkeen: Correct. Chair Sanchez: You're done? Mr. Burkeen: Yes. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it, as amended. Chair Sanchez: There's a motion by -- Commissioner Regalado: Second. Chair Sanchez: -- Commissioner Gonzalez, as amended. Commissioner Regalado: Second for discussion. Chair Sanchez: Second by Commissioner Regalado. The item is under discussion. Be -- let's go ahead and open it up to the public hearing. Is there anyone from the public wishing to address this item? Please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you, Mr. Chairman. This is a second reading, and still, we don't know what are the powers of this committee, and I tell you why. The reason that we sunset the other board is because there was a lack of attendance, there was -- sometimes there wasn't any quorum; some people lost interest. And we were all very excited to create a new board, but we don't know how this board is going to be treated, and the reason I'm saying this is because we don't know exactly if all the plans, in terms of parks, will be brought to this board. Now it would be -- the argument of the Administration it has that if -- suppose that we don't have quorum, then the plans are delay in coming to the City Commission. Well, we have the Planning Board; we have the Zoning Board, and if the Planning Board or the Zoning Board don't meet or don't approve or delay a project, it gets delay in coming to the City Commission. So I still would like to understand -- and this is just not to, again, do the same thing of appointing people that eventually will not be interested because it wasn't anything to discuss. As every other board, this is an advisory board. They don't make decision. We all know that. But I just want to know what kind of courtesy the Administration will have with this board. Mr. Burkeen: Commissioner, I fully embrace the idea of an advisory board. I think it's integral for the department to go forward, so I will take as much as I can to the board and allow them to decide what direction that they want to go. We're not going to hide anything. We do things in the open. I have no problem bringing things to them. There are some things that I think that the City has to make decisions on, maintenance items, that kind of things, but new projects, new City ofMiami Page 39 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 initiatives, new ideas, embracing them and having them present the same thing, I think is very much a part of the partnership that we're looking for. Commissioner Regalado: Okay. Thank you. Chair Sanchez: On the item, any discussion? Commissioner Sarnoff Yes. Chair Sanchez: Commissioner Sarnoff you're recognized. Commissioner Sarnoff I'm concerned, Mr. Manager, that we don't know who the liaison is, and there's been, historically, a resistance in the Parks Department to liaise with this board, and I think it's important that you state on the record today who it is that's going to be the liaison from Parks Department. Mr. Burkeen: It's in the language that the Parks Director is the liaison. Commissioner Sarnoff So you would be the liaison? Mr. Burkeen: I'm the liaison, or my designee. Commissioner Sarnoff See, that designee part's the one that's the problem. Because, historically, your designee has not enjoyed the use of this particular board. Mr. Burkeen: Well, historically, I don't think the City has embraced advisory board. Every place that I've been in the 30 years I've been in the business, I've embraced the board. I think we need to meet monthly. I think I need to be there monthly. And I think if you look in that direction, that you'll be happy with that. Pedro G. Hernandez (City Manager): Commissioner, ifI may add. If the director is not available, it will be one of his assistant directors that would be present in your place? Mr. Burkeen: Yes. Mr. Hernandez: Although, I think that we have your commitment to be the lead. Mr. Burkeen: I'm going to be involved with this advisory board. Chair Sanchez: All right. Commissioner Sarnoff Well, with that representation, that satisfies me. Chair Sanchez: All right. Commissioner Spence -Jones -- Vice Chair Spence -Jones. Vice Chair Spence -Jones: He said -- well done on communicating, so I don't have to add anything to it. I'm sure you got it handled, Ernest. Chair Sanchez: All right. Any discussion? The only issue that have here is the -- their role is not clearly defined as to exactly what is it that they're -- I know they're an advisory board, but is everything going to go through the advisory board? I mean, are they going to have a say in everything pertaining to parks? Mr. Burkeen: I think we should allow the board to decide what they want to do, and we could come back to this Commission, if there is a question about it. But would really like the board to City ofMiami Page 40 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 decide what role they want to take on because it's going to be huge. As you say, we have budget issues coming up. We have brand-new facilities in place, and we've got to balance all of those things. So they are going to be needed. Chair Sanchez: All right. No further discussion on the item. It is an ordinance on second reading. Mr. [sic] City Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chair Sanchez: All right. Did I open up to the public? Priscilla A. Thompson (City Clerk): Yes, you did. Chair Sanchez: I did? Ms. Thompson: Yeah. Chair Sanchez: Okay. As amended. Madam Clerk, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted, as modified, on second reading, 5/0. SR.2 07-01447 ORDINANCE Second Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING THE Attorney DEPARTMENTS OF THE CITY OF MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. 07-0556, ADOPTED SEPTEMBER 27, 2007, AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 07-01447 Legislation FR/SR .pdf 07-01447 Cover Memo FR/SR.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff 12968 Chair Sanchez: All right. Let's go to SR.2. It's also an ordinance on second reading. This is from the Office of the City Attorney. Julie O. Bru (Deputy City Attorney): This is second reading on this ordinance, Chairman and members of the Commission. And this is to implement and establish the departments that were previously described in your -- through your budget process. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. City ofMiami Page 41 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 SR.3 07-01448 Miami Sports & Exhibition Authority Chair Sanchez: There's a motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- by Commissioner Gonzalez, second by Commissioner Spence -Jones. Before we open it up for discussion, is there anyone from the public wishing to address this item? Please step forward. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. Any discussion? Hearing no discussion, it's an ordinance on second reading. SR. 2, read it into the record, Madam Clerk -- I mean, Madam Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chair Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 6, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS/SPORTS AND EXHIBITION AUTHORITY," TO AMEND: (I) FREQUENCY OF MEETINGS AND (II) INCLUDE CERTAIN AMENDMENTS RELATING TO THE COMPOSITION OF THE BOARD, ADOPTED BY THE CITY COMMISSION ON JUNE 14, 2001, PURSUANT TO ORDINANCE NO. 12073, WHICH INADVERTENTLY HAVE NOT BEEN INCLUDED IN SAID ORDINANCE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-01448 Legislation FR/SR.pdf 07-01448 Cover Page FR/SR.pdf 07-01448 Minutes FR/SR.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff 12969 Chair Sanchez: All right. SR.3. SR.3, Miami Sports and Exhibition Authority. This is -- Tim Schmand: Tim Schmand, Miami Sports and Exhibition Authority, 301 North Biscayne Boulevard, Miami, Florida. Good morning, Commissioners. This is an item amending the MSEA (Miami Sports and Exhibition Authority) code as it relates to the scheduling of the meetings, changing them from monthly to quarterly, and codifying the actions of the City Commission from June 4, 2001. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. City ofMiami Page 42 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Before we open it up for discussion, it requires a public hearing. Anyone from the public wishing to address this item, please step forward, be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. No further discussion. It's an ordinance on second reading. For the record, this is SR.3. Madam Attorney, read it into the record, followed by a roll call by the City Clerk. Julie O. Bru (Deputy City Attorney): Okay, on second reading. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chair Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. Mr. Schmand: Thank you. SR.4 07-01449 ORDINANCE Second Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Office 2/ARTICLE XI/DIVISION 10, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL," BY AMENDING SECTIONS 2-1142 AND 2-1143; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-01449 Legislation FR/SR.pdf 07-01449 Summary Form FR/SR.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, to continue item SR.4 to the Commission meeting currently scheduled for March 13, 2008. Chair Sanchez: All right. SR.4. That's the Art [sic] Entertainment Council. Commissioner Gonzalez: Move SR.4. Chair Sanchez: Okay. Well, let's put on the record what it is. It's an ordinance on second reading pertaining to the Arts and Entertainment Council, and it amends Section 2-1142, which basically what it allows is the Mayor gets five appointees and the Chair of the Commission gets two. All right. There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Sarnoff Commissioner Gonzalez, I hate to do this to you. I'd like to defer this one, with your permission, 'cause -- City ofMiami Page 43 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Chair Sanchez: All right. Commissioner Gonzalez: Withdraw -- Commissioner Sarnoff -- I know you're the -- Commissioner Gonzalez: -- my motion. Commissioner Sarnoff -- mover. Chair Sanchez: All right. Is there a motion to defer? Commissioner Sarnoff I'll make that motion. Chair Sanchez: All right. There's a -- Commissioner Regalado: Move it -- second. Chair Sanchez: -- motion by Commissioner Sarnoff to defer -- Commissioner Regalado: Second. Chair Sanchez: -- SR.4; second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Priscilla A. Thompson (City Clerk): Chair, may I --? Chair Sanchez: So you want to continue is what you want. Commissioner Sarnoff Yes, sir. I apologize. Chair Sanchez: All right. Commissioner Sarnoff I didn't get my cheat sheet today. I'm lost. Chair Sanchez: All right. Madam Clerk, change the deferral to a continuance, which will be brought forth at the next regular Commission meeting. Ms. Thompson: Thank you. Chair Sanchez: That was the proper motion and a vote. SR.5 07-01546 ORDINANCE Second Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Office 2 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE XI ENTITLED "BOARDS, COMMITTEES, COMMISSIONS," DIVISION 12 ENTITLED "COMMUNITY RELATIONS BOARD," SECTION 2-1152, TO CHANGE THE QUORUM REQUIREMENT AND TO REMOVE UNNECESSARY LANGUAGE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 44 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 07-01546 Legislation FR/SR.pdf 07-01546 Summary Form FR/SR.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones SR.6 07-01175 District 2- Commissioner Marc David Sarnoff 12970 Chair Sanchez: Okay. SR.5. SR.5 is a second reading ordinance. That is from the Manager's Office. Mr. City Manager. Pedro G. Hernandez (City Manager): Mr. Chair, this is an item -- Chair Sanchez: That's Community Relation [sic] Board. Mr. Hernandez: -- dealing with the Community Relations Board that reduces the quorum from -- Chair Sanchez: Five to seven. Mr. Hernandez: -- a -- presently requires seven to five members. Chair Sanchez: All right. This is just a changing of the language as to the quorum, changing it from seven members to five members present to -- Commissioner Gonzalez: Move SR.5. Chair Sanchez: All right. There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Sarnoff Second. Vice Chair Spence -Jones: Second. Chair Sanchez: Second by Commissioner Sarnoff. It's an ordinance on second reading. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. No further discussion. We are on SR.5, ordinance on second reading. Madam Attorney, read it into the record, followed by a roll call. Julie O. Bru (Deputy City Attorney): Yes. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREET AND SIDEWALKS," BY AMENDING SECTION 54-1, TO City ofMiami Page 45 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 ADD NEW DEFINITIONS; AMENDING SECTIONS 54-7, 54-8 AND 54-9 TO PROHIBIT PLACEMENT OF SIGNS IN THE PUBLIC RIGHT-OF-WAY OR ON CITY PROPERTY; ESTABLISH CRITERIA FOR REBUTTABLE PRESUMPTIONS CONCERNING PLACEMENT OF SIGNS ON THE PUBLIC RIGHT-OF-WAY; CREATING NEW SECTIONS 54-9.1 THROUGH 54-9.3, TO PROVIDE FOR SEIZURE OF SIGNS FOR USE AS EVIDENCE AT PROSECUTION; PROVIDE FOR ENFORCEMENT AND PROVIDE FOR CIVIL FINES AND PENALTIES FOR VIOLATIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-01175 Legislation SR.pdf 07-01175 Legislation FR.pdf 07-01175-Submittal-Reference by Lucia Dougherty FR.pdf 07-01175-Submittal-Incident Reports FR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones 12971 Direction by Chair Sanchez to the City Manager and the City Attorney to create an ordinance that requires every ordinance that comes before the Commission for consideration to contain a fiscal impact analysis regarding its cost; further, requiring the Administration to provide to the Commission in six months a report on the enforcement aspect of ordinances, to include fines issued and collected. Chair Sanchez: All right. SR.6. Commissioner Sarnoff another presentation. Commissioner Sarnoff No, no. If you don't want it, that's fine. This is second reading on -- Chair Sanchez: You guys want to see another presentation on a second reading of an ordinance? Commissioner Sarnoff I'd be glad not to do it. All I'm trying to show is what the condition of the City looks like. Chair Sanchez: I think you did a good job on the first one; that's why we supported you. Commissioner Sarnoff Okay. Then I so move SR.6. Chair Sanchez: All right. SR.6. There's a motion for SR.6. Commissioner Gonzalez: Second. Chair Sanchez: All right. Wait. Hold on. Commissioner Gonzalez: Second SR.6. Chair Sanchez: Okay, there's a second. Hold on. Vice Chair Spence -Jones: And we dealt with the lost kitty and all of that, right? Commissioner City ofMiami Page 46 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Sarnoff, we dealt -- Chair Sanchez: No. It's -- Vice Chair Spence -Jones: --with the lost cat and all of that, right? Commissioner Sarnoff What we're going to do with that is we're going to create an ord -- a separate ordinance that's going to allow people to put up kitties and stuff like that. The best way to deal with it is in a second ordinance, and we'll deal with it right afterwards. Vice Chair Spence -Jones: All right. Chair Sanchez: All right. Discussion on the item. On -- is Mariano here? Okay. Listen, I'm all for the quality of life and making sure our city is not polluted with signs like that, all right? Because there are some signs out there that I find even offensive, like 30 -- lose 30 pounds in 30 days, that's offensive, all right? And I'm all in favor of that. The only issue here is that -- my concern is the unintended consequences as to, one, an individual posting their sign looking for a lost pet. It isn't going to be on my conscience when that individual is fined $100 for putting up those signs, and they -- you know, neighborhoods do it. I mean, they -- somebody loses their pet; you know, you call the radio, and you go to the pound to see if he's there, and then you go out and the first thing you do is you go through the neighborhood and you post little 8 by 10, you know, lost poodle; call with a description. That's an issue. The other thing thatl want to know is that, look, all these ordinances that we're creating are fine and dandy, but let's take into consideration the physical impact that it has to our City. One thing is that do we have the resources to go out and enforce these ordinances? That's a question that have. Are you going to pull somebody from a neighborhood who is focused on dangerous, illegal buildings or units? You know, critical issues that you address everyday. Are we going to have the resources to have somebody out there chasing someone who's putting up a sign or investigating where the sign came from and doing an investigation to get the individual who post the sign? I want to hear from your department whether we have that resources or not. Mariano Loret de Mola: Mariano Loret de Mola, Code Enforcement director. Commissioner, definitely no, okay. I mean, it's getting more and more and more ordinance that we have to enforce. And yes, some of them are easy to enforce because they're there within our reach in the neighborhoods, but when we have to move out of the neighborhoods and do an extra work, yes, that is -- that means taking somebody out to do something else that is not doing on a normal basis. Chair Sanchez: So you'll be having to fransfer resources to address this? Mr. Loret de Mola: Yes. Chair Sanchez: Hold on, hold on. Mr. Loret de Mola: Definitely. When there is something that is -- I have to fransfer them and have them doing something else. Commissioner Sarnoff Mr. City Manager, how -- I'm sorry -- much did we just appropriate for new Code enforcement officers? I forget. I just -- it goes in one ear and out the other when I hear you say 16, 20, 30. What happens to all these people? Mr. Loret de Mola: Commissioner, I can answer you -- Pedro G. Hernandez (City Manager): I believe -- City ofMiami Page 47 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Mr. Loret de Mola: I can answer -- I'm sorry. Mr. Hernandez: -- that, at one time, the last time that we talked about Code Enforcement was an additional five, and I think that those were either hired or in the process of being hired. Mariano, were they? Mr. Loret de Mola: Those were hire, and they are on the training right now, but the budget is the same, Mr. Manager. I have the same budget for the last three years, and if no one realize that -- that has been the same budget, the same amount of money for the last three years. Vice Chair Spence -Jones: So is this --? Are you saying, Mariano, that this is going to be a difficult task to even be able to address the issue? Mr. Loret de Mola: This type of signs, for example, on the public right-of-way, I have instructed my inspectors to take it out because it's easier to take it out than process the whole case. Mr. Hernandez: That's good. Mr. Loret de Mola: So I ask -- they go and they see something like this on a right-of-way, they stop the car, they take it; put it on and continue. Mr. Hernandez: Mariano, that's the right action. Vice Chair Spence -Jones: Right, but what -- Mr. Hernandez: Immediately. Vice Chair Spence -Jones: -- I guess what -- but what he -- because we want to make sure, because at the end, what I don't want to have happen to Mariano in the end is come back to him four or five months later after we've given -- we've said that this is something he has to do and then he doesn't have to the manpower to really accommodate all of these things he's not hitting now, and other areas are lacking, and then we turn around and sayMariano's not doing his job. I don't want to set Mariano up like that. Mr. Loret de Mola: And let me explain -- Vice Chair Spence -Jones: So unless he has the monies -- and I just want to -- and the resources to make sure he has the manpower to pull all these signs down that we're showing in this slide presentation -- because every week this happens. Every time there's an event or an activity that takes place, that means he's going to have to send his staff out to sit down and pull all those things off and figure out who's doing -- and then that means, in certain areas, like Allapattah, like in Liberty City, or whatever our areas are, Little Havana, when the other things that need to be Code enforced are not going to be Code enforced because you're going to be busy pulling down Sean Kingston's `Beautiful Girls," you know, posters on our main drag downtown. Mr. Loret de Mola: And let -- Vice Chair Spence -Jones: Now, ifyou're -- Mr. Loret de Mola: -- me mention about the five inspectors. And I heard you very clear, Commissioner. You gave me five more inspectors with a specific instruction to assign it to a specific places, okay? This is one thing. Also, I got the same problem that any department on the City ofMiami. We are bringing in people and people are retiring. I got five in; I got four who retire, and I'm -- have to replace those other four, too. City ofMiami Page 48 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: But, Mariano, can I --? Mr. Loret de Mola: So it's a continuous thing. Same as the Police and the same as the Fire Department. Vice Chair Spence -Jones: But -- Commissioner Gonzalez: Let me -- Vice Chair Spence -Jones: I'm sorry. I just got to say this and I'm a turn it -- It's really important, you know, from one former City employee to a current one, you know, I know what it feels like to sit on that other side of the mike, and you're trying to do your best to service all five of us. I just don't want you to be set up. I don't want this to be a problem for you five months down the line, six months down the line because you already don't have enough manpower to even service the things that we need you to do now, you know. So just be straight, be honest; and if it's a difficult -- I know, and you are. Mr. Loret de Mola: Yes. I'm telling you straight, it is. Vice Chair Spence -Jones: And I'm glad you're bringing it up, Commissioner Sanchez. Chair Sanchez: I'll have the Chair back. I support this ordinance. I support both the ordinances. The concern that I have is that we're passing ordinances after ordinances after ordinances without a single physical [sic] impact. Vice Chair Spence -Jones: Fiscal, yeah. Chair Sanchez: Okay. And this is taxpayers' dollars, all right. Every ordinance that we pass, whether we like it or not, we need to know how much is it going to cost the taxpayers to do it. And that's the concern that I have. Once again, I'm focused on the fiscal responsibility that I have as a Commissioner here. And I think -- Commissioner Sarnoff Well, if -- Chair Sanchez: Well, hold on, Commissioner. I still have the floor. And I think that we don't even have -- and I am going to proffer to the City Manager and the City Attorney to create an ordinance that's going to require that every single ordinance that comes in front of this Commission from now on have a fiscal impact of how much it's going to cost us because, Marc, whether we like it or not, it's going to cost us money. And if you're telling me that the people are going to out and get fined and make -- pay their fines to pay for that service, then I'm okay with it. But if we're going to continue to pass ordinances where we're going to be spending money and not being able to recover that money to pay for it, wake up in a couple of months when we're going to be facing a tight budget in the City. Commissioner Sarnoff Well, let me just respond to that very clearly. Because this is an ordinance that allows you to actually get the benefactor, the person who's benefiting from the playbill to be responsible. You heard Lucia Dougherty come here last time and testify that the City ofMiami Beach had a $350, 000 fine that she got reduced to $150, 000 and paid. You know, inevitably, what's going to happen is people are going to stop putting down and putting up these bulletins and you're not going to need the manpower. Chair Sanchez: If you enforce it. Commissioner Sarnoff Of course, if you enforce it. Chair Sanchez: Well, let me tell you. You know what, I passed like three or four ordinances, City ofMiami Page 49 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 and I'll give you a perfect example. One was on 8th Street on making sure that people did not ride their bicycles on business corridors, because we had people getting runned [sic] over by bicycles. Till this day, when we inquire, first they say that the language on the placement is wrong. The police doesn't enforce it. So, therefore, you know, we create ordinances that we -- one, are we enforcing it? Ifwe go out there and we enforce it, fine. Ifwe could get our City to stop that, then we've accomplished our mission. The other issue that we need to take into consideration is if we're going out there and fining these individuals, the money that's generating for that -- from those fines should be used for the resources where you're possibly taking one individual out of a neighborhood, whether it's Commissioner Gonzalez's, Commissioner Spence -Jones, or mine looking for those signs. So you've got to balance it out to make sure that we're expending -- our expenditures are being able to be brought back in by the revenues that are coming in. It's all about the money, as we say here in the city. Commissioner Sarnoff Well, I don't think you're considering the benefit of this ordinance and the ability to go where you haven't been able to go before. You can now get the benefactor of the ordinance. You can get the person who's being advertised. You can get the producer. You can then get the money from him, whereas you sit right now, you have to wait to find the person who dropped the leaflet or the sign; and you're never going to get that. We know that. So to sit on our hands and say, nope, we can't do it, sorry; can't create this law 'cause we don't have enough manpower is a problem for this City Manager. It's your problem. If you don't have the requisite manpower and you don't have the requisite directorship, then we need a new City Manager. Vice Chair Spence -Jones: Wow. Chair Sanchez: Well, you know what? Vice Chair Spence -Jones: Can I ask this question? We -- I'm happy with my City Manager. I'm not frying to get rid of you, Pete. Mr. Hernandez: I don't think I have an issue -- Vice Chair Spence -Jones: But can I just ask this one quick question, because I know from the last City -- the last meeting we had, I did ask for some sort of fiscal study or at least some sort of analysis on what we would be talking about from a cost or either to compare it to what Miami Beach would -- Did we have the opportunity to do that at all? From the last meeting we had, the City Commission meeting, I asked that question, you know, can we -- did we do some sort of comparison to -- you know, from the standpoint of cost of what it would be, you know, in Miami? Remember, I mentioned that? Mr. Hernandez: You did mention it, Commissioner. I don't have the information available with me now. Vice Chair Spence -Jones: Do you know if we had an opportunity to do that? Mariano -- Mr. Hernandez: I'm assuming -- Vice Chair Spence -Jones: -- do you know -- Mr. Hernandez: I don't know. Vice Chair Spence -Jones: -- if they had an opportunity to do that? Mr. Loret de Mola: No, sir. Vice Chair Spence -Jones: All right. I mean, I think the Chairman is making some very -- and City ofMiami Page 50 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Sarnoff, I've been working on this thing for two years, too, so I understand how important it is. I am so tired of seeing, you know, these "We Buy Houses," I Buy Houses" things on all my major corridors in the neighborhood, so -- and Mariano can tell you, I physically get out of my own car and pull them out because that's how irritated I am by the whole situation. So I'm on board with you 100 percent. That's not even an issue. And I know that we got to do something in order to change it, just not just sitting -- continue to let it happen; it's only going to get worse. So I'm not saying one way or the other that we don't support it or that I don't support it. I just want to make sure that we put things in place so that it makes sense. I don't want to have a situation where a department is asked to do something and they can't deliver because they don't have the people to deliver. Chair Sanchez: We're not going to discuss this. It's on second reading. Commissioner, you have a -- you made a motion to approve it, correct? Commissioner Sarnoff I did. Chair Sanchez: All right. You second it? Vice Chair Spence -Jones: I have some -- still have some concerns. Lucia Dougherty: Could I speak on the issue, Mr. Chairman? Chair Sanchez: You know, where are the Commissioners, guys? I mean, this -- Ms. Dougherty: This is a public hearing. This is on second reading. Chair Sanchez: Yeah, but -- Ms. Dougherty: It's a public hearing, and I think I can add something. Let me say this to you right now. These signs are illegal. It's not legal to put these things up. All this ordinance is doing is giving you another tool -- Commissioner Sarnoff Right. Ms. Dougherty: -- to enforce it. You don't have to enforce it. He's not required to do anything more than he is right now, which is picking it up. This is giving him a tool that he doesn't have now. Let me just explain this to you. Last week I was driving down 2nd Avenue after a client meeting. I see a man on the ground spray painting a poster because that's the glue that sticks it up on a bridge underpass thing, right? If a police officer is not there, it can't do anything about it. This gives you another enforcement tool. It doesn't force you to do anything other than you're doing now, that is, pick it up if that's what you want to do. It just allows you to go after somebody who right now is unenforceable against. That's all. Chair Sanchez: Lucia, I don't have a problem. I made it clear. My only concern is that when ordinances like this -- and I had the panhandling; I pulled it, all right, because, you know, I have to lead by example. Ms. Dougherty: Sure. Chair Sanchez: I'm just saying that every ordinance that comes in front of us -- and I'm prepared to pass these two and inquire -- and have the Administration to come back and give us a fiscal impact of how much it's going to cost us. And I'm also going to request that, in six months from now, I want to see how many fines they've collected and how they've enforced the law. I'm okay with that. I'm just saying that we need -- look, if you look at our agenda, the first page of every item has a check -off list. One of those lists is a fiscal impact to the City. That is one box that never gets checked off. City ofMiami Page 51 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Ms. Dougherty: What's the fiscal impact -- Chair Sanchez: And that's a concern to me. Ms. Dougherty: -- of having somebody in the City go and take these posters off, take the glue off? What's the physical [sic] impact of that? This is -- gives you another opportunity -- Chair Sanchez: No, no, no. That's not -- Ms. Dougherty: I'm sorry. Chair Sanchez: What I'm saying is it's going to have -- it's not taking it off. It's writing the fine, following through to make sure people pay the fine. Ms. Dougherty: It's easier than sending people out to pick it up. It's -- you know what I'd suggest you do, you find somebody who's -- Loret de Mola: Commissioner -- Ms. Dougherty: -- going to do this on a percentage -- Mr. Loret de Mola: Mr. Chairman. Ms. Dougherty: -- basis. Mr. Loret de Mola: Mr. Chairman. Ms. Dougherty: You go hire somebody outside of the City to enforce this; deputize them, and see how much they collect as a revenue fund. Chair Sanchez: Mariano, go ahead. Mr. Loret de Mola: Mr. Chairman -- Chair Sanchez: We're frying to get another Commissioner 'cause this isn't moving. Mr. Loret de Mola: -- let me say something about the enforcement of this type of ordinance. When you find one of these posters or whatever you want to call it in a right-of-way, okay, the promoter doesn't live in the City ofMiami. The guy that is on a picture of-- that is going to perform does not live in the City ofMiami. Basically, this is happening. The event is not taking place on the City ofMiami. Who do I put a fine to? Chair Sanchez: Nobody. Mr. Loret de Mola: Okay, nobody. And I know they say, no, you write the fine to whoever live in New York or whatever. We have done that. That's time-consuming. We wrote 25 violations to people in Atlanta, New York, Dallas, Texas, for one of those events that took place over here. Chair Sanchez: Were any of them paid? Mr. Loret de Mola: One person. Mr. Hernandez: Okay. City ofMiami Page 52 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: And let me just add -- Mr. Loret de Mola: And we put hours writing violations. Chair Sanchez: Look, but on the other hand, if you catch them doing, now you get -- Mr. Loret de Mola: If you catch them doing it, the solution of this one is -- and it's very basic. The solution -- if a person is putting, like she said -- is to arrest that individual. That's the only solution for the problem. Vice Chair Spence -Jones: Well, and -- Mr. Hernandez: Mr. Chairman. Vice Chair Spence -Jones: -- I got to -- I have to just add. I mean, and Lucia just walked -- well, she's here. I mean, I do know at least in the Miami Beach area -- and I'm glad that you were able to communicate that the last time, but -- I mean, in the Miami Beach area there's really only a certain radius in which a lot of this stuff happens anyway -- or was happening from the club districts or the club areas. Now we're talking about -- and I'm just trying to be fair to a City employee and a director that has to run a department. You're now talking about five different areas throughout the City ofMiami that's going to be impacted one way or the other. And I just want to -- I will support the ordinance. Not an issue with me supporting the ordinance, but I just do not want six months down the line or five months down the line when individuals feel as though these posters, these handbills are not being removed fast enough or quick enough or whatever the case may be, then this person is not seen as doing their jobs. Ms. Dougherty: I understand that. Vice Chair Spence -Jones: And that's how things happen here. That's how they happen here. And I'm just trying to be fair to a City employee, especially since we haven't done some sort of fiscal analysis on it. But I support it, butt just want to put my official position on the record. Chair Sanchez: All right. Well, we need -- there's a motion -- Priscilla A. Thompson (City Clerk): And there's a second. Mr. Hernandez: Mr. Chairman. Ms. Thompson: There's -- Chair Sanchez: Hold on, hold on. We've got to open it up to the public. Mr. City Manager, and Mr. Hernandez: Thank you, Mr. Chairman. Chair Sanchez: -- then we'll open it up to the public. Mr. Hernandez: I think it's important to clarify a couple of things based on what even Commissioner Sarnoff said. Commissioner, we're going to do the best that we can with the personnel that we have and what with -- our budget would allow us to do. And I agree that I'd rather have the tool than not to have it. Totally agree on that. Now, we don't want to create an expectation that we're going to do fantastic in controlling it, but we're going to do better because we have more tools. And I don't want -- yes, the reference to what Mariano was saying before, I don't want to create a great expectation, but we do have the tool; and we're able to do better as a result of it. And I'm going to maximize the use of our people to the best possible extent. City ofMiami Page 53 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Chair Sanchez: Regalado. Commissioner Regalado, we need a second on SR.6. Ms. Thompson: Chair, I'm sorry. We do have a second. That's what I was frying to tell you. We have a mover and a second. Chair Sanchez: Who made the second? Ms. Thompson: Commissioner Gonzalez. Chair Sanchez: Okay. All right. The public. Hadley Williams: Hadley Williams, 2441 Trapp Avenue. I have not seen the details of this proposed ordinance, but similar to your question, Commissioner Sanchez, about neighborhood signs for animals lost, et cetera, I represent the Coconut Grove Park Homeowners Association; we also post things, so if there's nothing in the language to allow an exception for homeowner's associations to post, I would request that that be added to the ordinance. Chair Sanchez: We'll deal with that one on the other ordinance. That's the one on the handouts. That's -- Mr. Williams: Well -- no. Sir, we do post things on telephone poles that are on wales that are public property. Chair Sanchez: Well, under this ordinance, you couldn't do that anymore. Mr. Williams: Well, that's why I'm requesting, if it's possible, that you make an amendment to this that homeowners organizations would be allowed to post for community functions or neighborhood functions. I think that's very important to the neighborhood associations -- Chair Sanchez: All right. Mr. Williams: -- and it would be fairly clear because the number and the identification would be a homeowner's association. Chair Sanchez: All right, listen. Okay, thank you. Anyone else? I would add a friendly amendment to this, Commissioner. Instead of creating another ordinance for the lost puppies to be placed on polls, why don't we just amend this one to exclude the lost pet signs and homeowner association signs as to meetings and stuff on poles? Commissioner Sarnoff Accepted. Julie O. Bru (Deputy City Attorney): Mr. Chairman, ifI may say something. Placing signs on the public right-of-way, including lamp posts and things like that, is already illegal. You're not supposed to do that. It's illegal also under state statute, I believe. So with respect to that, we really need to examine that before we go and put exemptions in this ordinance. And I would recommend that we consider that separately, after we look at the state statute and -- Chair Sanchez: So -- (UNINTELLIGIBLE). What are you, going to create another ordinances to --? Ms. Bru: No, I don't suggest that. But what I'm saying is that there's already a state statute that prohibits any signs being posted on utility poles and the like, so I don't think that we have the authority just to exempt wholesale, the placement of signs on those kinds of facilities. Commissioner Sarnoff And, Mr. Chair, we came up with a good idea for lost dogs and lost cats City ofMiami Page 54 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 SR.7 07-00435b District 2- Commissioner Marc David Sarnoff with the NET (Neighborhood Enhancement Team) offices that will play right into this ordinance. It'll take us -- not to begrudge you that another ordinance would be passed because we should certainly be streamlining our ordinances. However, Julie Bru came up with a great idea about a registry of lost pets and a way of doing it that we actually think would improve people's abilities to find lost pets, but that would require a second ordinance because we'd like to actually create the actual posting that would be allowed, and it would be allowed up for two or three weeks, and then that would become violative because it couldn't stay up forever. Chair Sanchez: All right. Mr. Hernandez: And, Mr. Chairman, in the meantime, we would exercise discretion in the enforcement of this ordinance with respect to the -- Chair Sanchez: Yeah. Mr. Hernandez: -- lost pet signs. Chair Sanchez: Okay. So on this ordinance, there's three to vote on the ordinance. There's no further discussion. The only thing that I'd like the Administration is, one, to provide me with both this one and the other one, an impact -- Mr. Hernandez: We will. Chair Sanchez: -- study of what it's going to cost the City -- I need -- hey, listen, from now on -- I pulled my ordinance, my panhandling ordinance because I had concerns about this issue about not having fiscal impact studies on these ordinances. They cost the taxpayers dollars, and we need to make sure that, you know, it's being -- we're spending our money wisely. So I've said enough. And the only thing that I want six months from now, when this ordinance -- I think the Administration should provide all the Commissioners to see how we've enforced it, given a performance of enforcement;; how many tickets you've written, how many have paid the violations, how many have not paid the violations. Maybe we wasted our time. Maybe we haven't wasted our time. Six months. So I'm going to include those two conditions; one, a fiscal impact study be provided to the Commissioners on this ordinance, and six months report as to the fines that have been issued and collected by the City. Mr. Hernandez: We can do that. Chair Sanchez: All right. It's an ordinance. No further discussion. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chair Sanchez: All right. Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "SOLID WASTE," AND CREATING NEW ARTICLE VIII, "HANDBILLS," SECTIONS 22-180 THROUGH 22-185, TO CREATE DEFINITIONS; ESTABLISH CRITERIA FOR REBUTTABLE PRESUMPTIONS City ofMiami Page 55 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 CONCERNING LITTERING WITH COMMERCIAL HANDBILLS; PROVIDE FOR SEIZURE OF HANDBILLS FOR USE AS EVIDENCE AT PROSECUTION; PROVIDE FOR REMOVAL OF HANDBILLS AT VIOLATOR'S EXPENSE; PROVIDE FOR ENFORCEMENT AND PROVIDE FOR FINES AND PENALTIES FOR VIOLATIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-00435b Legislation SR.pdf 07-00435b Legislation FR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones 12972 Direction by Chair Sanchez to the City Attorney to prepare an ordinance requiring every ordinance that is presented to the City Commission contain a fiscal impact study, and present said ordinance for consideration at the Commission meeting currently scheduled for March 13, 2008. Chair Sanchez: All right. We go to SR.7. SR. 7 is an ordinance on second reading. Is there a motion? Commissioner Sarnoff So moved. Chair Sanchez: There's a motion by Commissioner -- Commissioner Regalado: Second. Chair Sanchez: -- Sarnoff, second by Commissioner Regalado. Public. Anyone from the public wishing to address this item? This one also -- the homeowners can no longer, especially in my neighborhood -- the Roads Homeowners Association told Joe Wilkins he can no longer distribute -- once this ordinance is adopted, he cannot distribute the newsletters that he gives out to the neighborhoods [sic]. All right. The public hearing is closed. Commissioner Sarnoff That's not a fair statement. Chair Sanchez: Oh, yes, it is. Commissioner Sarnoff No, no, no, no, no. You -- this does not preclude somebody from handing a handbill. That is not frue statement. He can certainly hand a handbill or put it in somebody's -- you're not supposed to put it in -- Chair Sanchez: Mailbox. Commissioner Sarnoff -- their mailbox. You're not supposed to because that's the United States property, in theory. But this does nothing about handing out handbills to anyone. Now, if people start throwing them on the ground, that's a different issue, but I don't think that was a fair statement -- Chair Sanchez: All right. Commissioner Sarnoff -- to getMNU (Miami Neighborhoods United) all upset. City ofMiami Page 56 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Chair Sanchez: No. I don't want to get -- believe me, I don't want to get them upset. All right. Commissioner Sarnoff See now, they're -- Chair Sanchez: On -- Commissioner Sarnoff -- pissed at me, so -- Chair Sanchez: -- this ordinance, once again -- as a matter offact, this will be the last Commission meeting -- better yet, I'm going to make a motion directing you to come back at the next regular Commission meeting with an ordinance that clearly states that every ordinance that comes in front of this Commission has to have a fiscal impact study. If not, this Commissioner is not voting on any other. Pedro G. Hernandez (City Manager): Mr. Chairman, I think that we already do that in most of the cases. I think that the ones where it hasn't been done is actually on Commissioner -type ordinances. However, I'm going to institute a policy to do it on everything. All ordinances will have it -- Chair Sanchez: Well, no, the policy's nothing. Mr. Hernandez: -- from now on. Chair Sanchez: I'm directing -- well, I shouldn't direct you. It's going to be through the form of a motion, directing you to create an ordinance making sure that if you say every -- all ordinances should have a fiscal impact study attached to it to know what is it that it's costing the taxpayers. Mr. Hernandez: We do have it. Chair Sanchez: Whatever the service may be. You don't do that now. You don't do it on Commissioners -- Julie O. Bru (Deputy City Attorney): Mr. Chairman. Mr. Hernandez: No, no. What I'm -- Ms. Bru: What I suggest is that we amend -- we have an ordinance that is called the "Order of Business," and in there we can just add that condition. There's a whole set of regulations that govern the conduct of the business that you undertake here so we can add something to make sure that anything that comes before you, any ordinance that comes before you would have the fiscal impact. That would be an amendment to, I think it's Article 2-3, something like that. Chair Sanchez: All right. Well, that will be to bring it in front of the Commission to amend it so it includes the -- any ordinance proposed by Commissioners to have a fiscal impact study. Mr. Hernandez: Well take a look at it, and make the amendments that are needed. Chair Sanchez: Okay. No further discussion on the item. It's an ordinance on second reading. Read the ordinance into the record. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. City ofMiami Page 57 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. SR.8 07-01420 ORDINANCE Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 4, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Marc David Sarnoff AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," TO RESTRICT THE HOURS IN THE SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WHEN ALCOHOLIC BEVERAGES MAY BE SOLD FROM, 5 A.M. TO 3 A.M. BY NIGHTCLUBS, SUPPER CLUBS, HOTELS, MOTELS AND APARTMENTS WITH 100 OR MORE GUESTROOMS; ANY OF THE PRECEDING ESTABLISHMENTS IN A RETAIL OR WATERFRONT SPECIALTY CENTER ON WEEKDAYS, INCLUDING SATURDAYS AND SUNDAYS; MORE PARTICULARLY BY AMENDING SECTION 4-3(a)(6) OF SAID CODE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 07-01420 Legislation FR/SR.pdf 07-01420-Submittal-DUI Stats.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Noes: 2 - Commissioner Regalado and Spence -Jones 12973 Chair Sanchez: All right. SR.8. Let's take up SR.8. All right. Unidentified Speaker: SR.8 is a second reading. Commissioner Sarnoff You want me to do it? I don't care. I thought maybe the -- I could do it. It's an ordinance on the second reading to restrict the club hours in the SD (Special District) Coconut Grove district from 5 a.m. to 3 a.m. Nightclubs and supper clubs will no longer be exempt by special exception. And what I would do is put a date of operation where this will become effective for June 30, 2007 [sic]. Chair Sanchez: All right. A date has been proffered. Commissioner Sarnoff I mean, 8, excuse me. Chair Sanchez: Which is the date? Commissioner Sarnoff June 30, 2008. Chair Sanchez: All right. It is a public hearing. Anyone from the public wishing to address this item, please step forward. Barbara Bisno: Good evening. My name is Barbara Bisno. I live at 1000 Venetian Way. I, of course, support this ordinance, but I wanted to bring to the attention of the Commission the perfect storm that is going to develop as Coconut Grove moves to 3 a.m. Downtown, you have on 11 th Street 24-hour district, and to the east of that, a 5 a.m. area of clubs; and in Miami Beach, you have a 5 a.m. And what we're finding on the Venetian Causeway -- we had one City ofMiami Page 58 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 accident last week. Thank goodness, no one was hurt. It's a winding road. They come over -- according to the police, they -- he was coming from the Miami Beach side to go to the 11 th Street all-night thing and completely crashed into -- almost crashed into a home. Fortunately, he wasn't injured and there was no -- there were no other cars involved, but would respectfully ask that what -- the reasons that were brought before this Commission for changing the time -- the hour when clubs -- nightclubs have to close to 3 a.m., that the Commission ask the Administration to bring an ordinance to not have any nightclubs open in Miami after 3 a.m. There is no reason to have a 5 a.m. in -- on the area around Brickell. If it's not good for Coconut Grove, it's not good for downtown. And the all-night -- I remember the Mayor, who I'm - - happen to have a great of respect of -- talking about we're going to be the city that never sleeps. I don't know, like New York or something, I guess. So 11 th Street has about eight bars that stay open 24 hours. The Marathon is jeopardized because they have to worry about the people lining up before 6 a.m. because the drivers are completely out of control in that area. Why? I don't know. So whatever -- I wasn't here for all the discussions that led to this Commission -- to this ordinance in getting to the second reading, but whatever was presented to you at that time, I would think applies to the downtown area; and would respectfully request -- because we're going to become a death trap when, first of all, people are going to be moving from Coconut Grove up to downtown when it closes, going over to Miami Beach; coming back from Miami Beach to the all-night bars. So I would respectfully request that you ask for such a regulation. Chair Sanchez: Thank you. All right. Ms. Bisno: Thank you. Chair Sanchez: Next speaker. Chair Sanchez: All right. Louis Terminello: Go right ahead. Michelle Niemeyer: All right. I'm Michelle Niemeyer, 3053 Day Avenue, and I'm here today speaking both in my capacity as the chair of the Cocoanut Grove Village Council and as a resident of Coconut Grove, who lives very close to the club district on Day Avenue. The Coconut Grove Village Council had two separate meetings, at which we had extensive discussions with both business owners and residents, who are concerned about issues related to the nightclubs in Coconut Grove. And ultimately, we came to the conclusion that we have a number of businesses - - and the owner of one of them, John El-Masry, is standing over there ready to speak -- which contribute greatly to Coconut Grove; and Coconut Grove is sorely hurting right now. These businesses depend heavily upon their revenues, and a good deal of their revenues come from the late evening hours. Now, the suggestion the Cocoanut Grove Village Council came up with, which was not written into this ordinance, was that special exceptions which allow a 5 a.m. closing not be given after now; you just don't give any new ones. But let the people who have those businesses now keep them; don't allow them to be transferred with the business if the business is sold. Just allow the businesses that have those closings right now to stay that way, and over time, it'll go away. But right now there are businesses who desperately are needing that income, and we have a community that desperately needs tenants in our storefronts. One of the things that we're concerned about is that all the closing at -- every -- if everybody closes at 3 - - I've heard a lot of talk about so much crime between 3 and 5. I've yet to hear somebody who's told me they've been victimized between 3 and 5, and I've heard a lot of people tell me they don't think it makes a difference. If you close all the bars at 3 o'clock, that means all the drunks will leave at the same time, at 3 o'clock. I'm not sure that's going to improve anything. What we need is better enforcement of the laws so that the noise ordinance isn't violated; people aren't throwing up and peeing on the streets. There are some nasty things that happen, but those things are happening because the law is not being followed or being enforced. And, you know, if we City ofMiami Page 59 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 have police giving tickets for DUI (Driving Under the Influence), people are going to start being a little more careful. Vice Chair Spence -Jones: What's your name again? Ms. Niemeyer: Michelle Niemeyer. Vice Chair Spence -Jones: Michelle Niemeyer? Ms. Niemeyer: Yes. Vice Chair Spence -Jones: So I just want to be clear on your position. Your position is that you support it, but you just want the existing clubs that are there now to stay the way that they are; and any new owners or any new clubs that open in that, then that 3 a.m. -- Ms. Niemeyer: That there would -- no -- Vice Chair Spence -Jones: -- time would then -- would affect them. Is that what you're saying? Ms. Niemeyer: Correct. I mean, the way it's written right now, we oppose it because it's not what we had decided would be appropriate. It's too extensive. It would include the existing establishments. I don't know if that can be fixed by an amendment, and if it could, that would be fine. Vice Chair Spence -Jones: Okay. Ms. Niemeyer: But that's -- Vice Chair Spence -Jones: I just wanted to be clear. Ms. Niemeyer: Right. Vice Chair Spence -Jones: Thank you, Michelle. Ms. Niemeyer: You're welcome. Mr. Terminello: No. I'd rather defer until -- Chair Sanchez: You want to let the public go, counsel, before you speak? Mr. Terminello: I'm sorry? Chair Sanchez: You want to let the public -- Mr. Terminello: Yes. Chair Sanchez: -- speak before --? Mr. Terminello: I would prefer to do that. Thank you. Chair Sanchez: Okay. Ma'am, state your name and address. Cynthia Christoph: Cynthia Christoph, 3737 El Prado, in the South Grove. I, too, am worried about the lack of businesses in the Grove. I have a friend who's a retailer there. However, I don't think keeping bars open for two more hours helps legitimate businesses actually at all. City ofMiami Page 60 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 That was poorly said. Bars are also legitimate businesses, but other businesses that are there during the daytime hours are not aided by additional time in the evening. We do have a problem with drunk driving. I live on the corner where people come around Main Highway and it curves to Douglas, and I have friends who've witnessed several deaths and a lot of injuries from very heavy drinking coming through the Grove. Again, you've got to be able to drink, but there's no real need to drink for an additional two hours, I don't think. Chair Sanchez: Thank you, ma'am. Next speaker. Deborah Zwayer: Hi. My name is Deborah Zwayer. I'm at 3103 Oak Avenue, and I'm really a new resident to Center Grove; and I'm -- I'd love to see the bars close at 3 o'clock because I just don't think it draws a good crowd any time after that. And my concern, because I'm a Center Grove property owner, is my property values -- I would prefer they go up; rather than go down. And I'm watching Coconut Grove turn into this seedy little town rather than this beautiful, quaint little town that could become more refined;; and I would just like to see it become more than it is Chair Sanchez: Thank you. Ms. Zwayer: -- as opposed to less. Thank you. Chair Sanchez: Sir, you're recognized for the record. State your name. John El Masry: My name is John El Masry. I -- Unidentified Speaker: Let them go first. Mr. El Masry: Okay, sure. I apologize. JanetMondshein: Commissioners, ladies and gentlemen, my name is JanetMondshein. I'm the executive director ofMothers Against Drunk Driving in Miami. MADD's (Mothers Against Drunk Driving) mission is to stop drunk driving, to support its victims, and to prevent underage drinking. When the organization was founded in 1980, drunk driving was considered an accident. Today we know better. We refer to them as crashes because we make a decision to drink, and then to get behind the wheel of a car. Last year nearly 18, 000 people were killed -- one year, nationwide -- in alcohol -related crashes. Florida suffered 1,000 deaths, and Miami -Dade County leads the state in the numbers of people killed. Numbers don't tell the story, so today I wanted to let -- to -- I wanted you to get to know Helen Marie Woody the way I came to know her, and then you will know why I am here. I will briefly tell her story. Helen Marie was a 16 year -old girl at Palmetto. She was an Honor student. She came home from school. She was directing a play, and she told her mom she was going to go out rollerblading. She went out on a designated bike path, and then an underaged driver came and threw -- hit her and threw her 40 feet into the air against a tree. Helen Marie saw the car that was to come and kill her. She could do nothing but to die. After a while, Helen's father went out and had to identify the body, and that was horrendous. I'm abbreviating the story because I know that there is a -- there is time constraint, butHrs. Woody describes the pain of losing a child, unnecessarily, to a violent death as if she were a glass that had broken into million of pieces, millions of shards that are burning and hot; and one by one she had to pick up those pieces and put them together. Now, it's been seven years and that glass is still not together. However, as far as it is formed, it doesn't feel the same. When it is fully formed, it won't look the same. It will never be the same. And it will never hold water. This is a 100 percent preventable crime, so that's why I am here. It's because I want to save lives. I'm so tired getting to know dead kids and dead people. Chair Sanchez: Thank you, ma'am. City ofMiami Page 61 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Ms. Mondshein: Can I get --? I'm going to take two minutes from that woman over there. And I don't want any of you to die either. One out of five of you will be affected by a drunk driver. And the reason that am here is because we need to eliminate the special exception to remain open till 5 a.m. in the SD-2 district. MADD is deeply concerned. MADD advocates setting uniform bar closings to prevent patrons from going elsewhere for that very last one, two, three, four drinks that could have disastrous consequences. The drunker the individual, the higher the BAC (Blood Alcohol Concentration), the more likely he or she will go out and kill or maim someone. Also, these late -night partygoers end up sharing the roads with morning commuter traffic, parents and children who are on their way to schools. Janet Reno once said the only difference between a DUI and DUI manslaughter is chance. MADD needs your help. Unfortunately, our progress is stalled. The numbers of drunk driving deaths annually has virtually remained stagnant for the last ten to fifteen years, so we're asking proprietors to stop encouraging excessive alcohol consumption. MADD advocates training management and servers of alcohol, and I'm asking that we work together to set an example for other communities struggling with simultaneous bar closing issues. Can we promote practices that stress safety, including not allowing those under 21 to drink alcohol? Can we make Coconut Grove a healthier, safer place to live, work, and to raise our children? And isn't 3 o'clock in the morning late enough? What price would you put on your loved one's life, on Helen Marie's? I ask you, on behalf of MADD, all the victims and their families, to support Commissioner Sarnoffs amendment. And thank you for allowing me to speak with you today. Chair Sanchez: Thank you. Barbara Lange: My name's Barbara Lange. I live in 3495 Main Highway, and I'm here to support the ordinance, the closing at 3 a.m. Actually, I think it should be 2 a.m., and I think that our town, like the other young lady said it, our little village is becoming more and more seedy with more and more bars and more and more late night. We all know the problems with late night. We've heard from the police at the last meeting about the vandalism, and we remember an article about there -- somebody was stabbed in one of the bars. These are put on by special exception, and it's obviously the special exceptions aren't working. The special exception implies that may be something is going to protect the residents and the public, but they're not. We've got violence. We've got -- and I've got to tell you, I've lived here for 25 years, and until we started to see the town turn into a late night, now we've got these bars coming down on windows of stores, and we've got -- and I used to walk my dog at 6 a.m. in the morning and I don't do it anymore. Sometimes there's drunks out there, sometimes there's broken windows from shops. I mean, we really need to change what's going on here, and I really applaud Commissioner Sarnofffor this. And I hope all of you help bring back our City to what it should be, our little village to what it should be. Thank you. Chair Sanchez: Thank you. All right. Next speaker. Sir, you're the counsel representing --? Mr. Terminello: Good afternoon. Louis J. Terminello, the law firm of Terminello and Terminello, P.A., located at 2700 Southwest 37th Avenue, Miami, Florida. Good afternoon. I'm not going to repeat some of the discussion that we had at the first reading, but there are a few things that do want to zero in on as we contemplate the second reading of this ordinance. The issue of the grandfathering or the deeming of the existing locations as nonconforming uses, I think is something that needs to be thought about and considered. And the -- it's not uncommon when you change a regulation that it be deemed nonconforming and allow persons to have that to continue until such time as that use is discontinued. There are ample state law that governs the definition of nonconforming uses, and if you recall from the first hearing -- the discussion at the first hearing, we brought forth information, such as the fact that a number of the nightclubs that are affected here that are going to be affected by this change have leases that require a guarantee annual minimum gross revenue or they're in breach of their lease and they'll be evicted. The nightclubs work, as it is today, from 11 till 5 a.m., and therefore, rolling back to 3 will eliminate one third of their business. They can't make their guaranteed annual revenues City ofMiami Page 62 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 under those circumstances. These persons bought these clubs. These persons built these clubs. These persons put their economic future in these clubs in anticipation of a 5 a.m. closing, and they did their economic due diligence based on this 5 a.m. closing; and it doesn't take much to figure out that one-third -- if you cut out one-third of their annual gross revenues, they're going to be gone. The other thing that we've not even -- we have no discussion about is the issue of bona fide eating establishments that stay open till 5 a.m. You know, we have restaurants in Coconut Grove. And Mr. El Masry is here, and he's going to discuss the specifics of his location, Mr. Moe's, but that's a very good example of a bona fide eating establishment that is going to be adversely affected by this ordinance, cutting -- rolling back the hours to 3 o'clock. The issue that we heard about earlier this evening, about underage drivers, we're not going to change that by rolling back the hours to 3 o'clock. There are already, not only ordinances in the City ofMiami, but very strong and very strictly enforced ordinance -- state statutes that prohibit the sale of alcohol to persons under the age of 21. Persons under the age of 21, it's already a crime to possess alcohol. It's against the law to sell alcohol. It's against the law to have a party if there's somebody under the age of 21. This is not going to change any of that. There has been a substantial lack of empirical data that indicates to you that there's going to be any change in DUIs or criminal issues involving the change from 3 to 5. If there are crowd issues when, at 5 o'clock, there are going to be crowd issues at 3 o'clock. It doesn't change by rolling the hours back to 3 o'clock. What -- in many ways, you can look at it this way, that you're going to have the adverse effect of having people get in their cars at 3 o'clock and driving to 5 a.m. jurisdictions, which, by the way, are not only Miami Beach, but the City of South Miami right next door to you. They have a 5 a.m. closing also. So it's -- if you put the rhetoric aside, it's difficult to comprehend how rolling back the hours from 5 to 3 is going to change the underage drinking patterns or the DUI patterns. It's only going to change the time that they occur. I would urge you on behalf of some of the nightclubs that are affected by this -- Oxygen, Visions [sic], the -- to allow this to be a legal but nonconforming use. That's the way you change these type of regulations. You don't put people out of business, all right. You don't put people out of business in one area of the City ofMiami and allow other areas to continue. That's just not the way it's fair. It's not equitable, and it's not right. And I would also urge you to -- and I would urge you to listen to Mr. El Masry very closely when he talks about restaurants, okay, and the difference between nightclubs and restaurants so that you may be able to draw a distinction between bona fide eating establishments. But in closing, again, the -- making -- you have the right to do what you're doing. You have good -- you have -- you may have good reason to do what you're doing, but that's not -- no -- there's no reason why these businesses can't be construed as legal nonconforming uses and continue under their present ownership until such time as that special exception needs to flow to the next person or the use is discontinued. Thank you. Chair Sanchez: Next speaker. John El Masry: My name is John El Masry. I own Mr. Moe's and Christabelle's restaurants in the Grove. I started my first restaurant, the Barracuda Raw Bar & Grill 14 years ago in Coconut Grove. My second restaurant was opened roughly seven years ago, which is Mr. Moe's. When I opened Mr. Moe's restaurant, I opened it with a 5 a.m. special exception license. I've been operating with that license since the first day that I've been open, and I believe I've been a very responsible operator. I feel the Commissioners should consider a provision in the ordinance that allows a restaurant, not a nightclub, but a restaurant to continue operating as a restaurant and not be affected by this ordinance. I -- when I say restaurant, I am open from 11 o'clock in the morning. I have a full kitchen, serving meals a hundred percent of the time that I'm opened, 18 hours a day, seven days a week. I am not a nightclub. I repeat, I am not a nightclub. I've been in the -- on Commodore Plaza for seven years, and I run a very, very type ship, I believe, over there. I started a new restaurant approximately four and a half years, Christabelle's Quarter based on certain expectations, based on the expectation that the cash flow that was generating, the revenue that I'm generating from my one business, Mr. Moe's would not be affected. Taking away the last two hours of my operation is going to seriously curtail my City ofMiami Page 63 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 ability to make money, and that's a fact. You're talking about cutting my pay, my -- the only place right now that have cash revenue coming from right now is Mr. Moe's. My other place, brand-new place that spent close to $12 million on, is not making money right now. It's losing money, okay? And, again, I went on certain assumptions that would be able to have a little extra cash flow coming from Mr. Moe's that could offset the debt service from Christabelle's. IfI were to say to the Commissioners or anybody else, for that matter, I'm going to go ahead and cut your pay 15 to 20 percent, but want you to go -- you know, go ahead about your business, and still pay all your bills and take care of everything that you need to take care of I think there'd be some of you guys that would have a rough time doing that. I'm telling you now that's my position right now. You're going to -- the Grove right now -- I've been here 15 years. This is the worst I've ever seen it, and I'm gasping for air and I feel like the Commissioners are putting their foot on my head and pushing me under, okay. I don't understand this ordinance at all. It doesn't make any sense to me whatsoever. I don't see -- nobody still has -- no one has brought to my empirical evidence that shows a correlation between Mr. Moe's staying open between 3 and 5 and any spike in crime or D UIs or anything of that nature. I still have yet to see that, and I just feel as though that being a operator that has been very responsible -- I'm a member of Responsible Vendors -- in all my places. I think we have a pretty clean record here. We have police officers here that can address that, but think we have been responsible over there. And I don't understand. If they pass this ordinance, Coconut Grove -- and not all of Coconut Grove because -- and I love Jimmy Flannigan's but Flannigan's is not part of this, and it's right in the heart of the Grove. It's only a few hundred yards away from my other establishments, so that would virtually not be affected at all with this ordinance. Yet, Mr. Moe's, which is a restaurant - - and again, I'm not frying to throw the other guys under the bus, but those other guys are nightclubs, okay? I am serving food the entire time I'm open, 18 hours a day, seven days a week. I have -- serving full meals, cooked on the premises. I'm not ordering pizzas and having them serve that, or catering things. I'm cooking on the premises. I am a restaurant. And I just feel that this ordinance in frying to do this rollback right now is going to hurt a legitimate business and potentially put me out of business. And I believe there should be an amendment to this ordinance that would grandfather in businesses that are restaurants, and again, out of all of them, I really believe that I'm the only one that complies with that. The rest of them are opening at 11 o'clock at night. They're not open seven days a week, and, you know, I'm okay with eradicating nightclubs in the Grove. I'm not here to argue that. However, I'm a restaurant. I am a restaurant, and I feel as though -- you know, right now, if this ordinance passes, Coconut Grove is going to be the only place in the City ofMiami that, at 3:01, it's illegal to have a drink, and I don't understand that. Is that to say that the rest of the City ofMiami should not be afforded the same protections against these establishments that are menaces to the community and hooligans being -- patronizing those establishments and going out and committing crimes? It doesn't make sense the way this thing is being set up. It just doesn't. You're going to punish me, okay. I've been a responsible person in this community. I've invested my life and my -- in this community in trying to make this place a better place. And I just feel right now this is just -- it's arbitrary. It's capricious. I feel it's completely unfair to throw the baby out with the bathwater. If you're having problems with nightclubs and other issues, and stabbings, and all this other stuff then that's another thing to address, but don't see how limiting me and rolling me back and taking away revenues that I'm getting is going to change anything in the Grove. And I respectfully request that Commissioners -- you know, I have 30 days to basically appeal this thing, to sit down with Commissioner Sarnoff and to sit down with his people and fry to work something out where I can carve myself out of this situation because I am a restaurant, and there is a difference between me and the other people. However, there's no guarantees to that, so I'm requesting that we delay this thing for a decision so I can have ample amount of time to make a concise argument on my behalf on why I feel that am different than the other places, and there is a way to do this, guys. I don't believe, in any way, that I'm diminishing the quality of life for anybody in the Grove area. I don't believe that for one second. Chair Sanchez: Thank you, sir. City ofMiami Page 64 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: Thank you. Chair Sanchez: Next speaker. Adam Weirich: Hi. My name is Adam Weirich. I'm a Coconut Grove resident. I've actually been a resident of Coconut Grove for the better part of a decade. I want to say that I've always enjoyed my community. I like the diversity that's present in it. I think it's a bohemian community that's -- I've been proud to be part of. Things that make me proud are the fact that it's diverse, the fact that it has a nightlife is something that I saw of value and it's part of the reason why I chose to live in Coconut Grove and not in Coral Gables. And the reason that I came here to speak, I -- is because I don't normally come to these meetings. I've actually never come to one of these meetings, but I do read. Some of the things that are published in the paper, specifically certain comments by Mr. Sarnoff here, where he claims to represent, I feel unfairly, people like me who he says are the new Grove, the people in the Grove that are a new movement of people who do -- would not like to drive to Coral Gables to shop, I believe was the comment that I read in the Herald recently. I just wanted to say that that particular vision, to me, is not something that I believe in. It's not something that I am a proponent of and I do not believe that the people that Mr. Sarnoff represents, which are a very vocal group, I do not believe that they represent the majority of people like me. I like the fact that the Grove is diverse. I like the fact that the Grove has restaurants and bars. I like the fact that it's not Coral Gables. I believe the property values in Coconut Grove are higher than Coral Gables. IfI checked recently, that would tend to indicate that there are many people who agree with me. And I view this legislation, and some of the other things that have been considered by the Commission at the behest of Mr. Sarnoff I view them as steps in the wrong direction. I view them as bad precedent. I view them as bad business. Because I think what we have here was a bad situation with one nightclub, and -- which is -- which was a bad situation and it needs to be dealt with, but I think that that's being turned into a larger, political issue, which doesn't exist. It's being given to the Commission as this is the way that the Grove -- you know, I'm not exactly sure -- I don't attend all the meetings, again, like I said; I just do become worried by some of the highlights, the sound bites I read in the paper because those sound bites, I don't agree with. You know, I don't want to see Grand Avenue paved over and have a high -end shopping mall put there. I don't want to see all the bars closed. I don't want to see college students stop coming here. I don't want my interesting town, the one that I spent money to live in, my bohemian neighborhood turned into a plain vanilla suburb, where we put $90, 000 traffic circles in front of all the Commissioners' houses. I would like Coconut Grove to be the neighborhood I moved into, the neighborhood I paid to live in, a diverse and wonderful place that has an art festival. The art festival does have trash. There are people that drink at it, but I'd like to keep it. Chair Sanchez: Thank you. Mr. Weirich: Thank you. Vice Chair Spence -Jones: Thank you, sir. Chair Sanchez: All right. Next speaker. No good deed goes unpunished, Marc. Charles Alyn Pruett: Good evening. Alyn Pruett, 2901 South Bayshore Drive. I'm also a member of the Cocoanut Grove Village Council. Michelle Niemeyer has already reported the Council's position on this item. Therefore, I'm speaking this evening as a resident, long-time resident, 20 plus years resident of Coconut Grove. As I recall, the center village of Coconut Grove is covered by one or two or more special district overlay zones, and it's my sense of those zones that they were not -- they were intended to create a community of a mixture of residential and commercial uses -- appropriate commercial uses. It's also my understanding that it was not the intent of those SD overlay zones to create a nightclub district, which is what the Grove has become and will become even more so if these clubs are allowed to continue to come in to the City ofMiami Page 65 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Grove. So I'm supportive of limiting these hours. Thank you. Chair Sanchez: All right. Next speaker. Nathan Kurland: Good evening, Commissioners. Nathan Kurland, 3132 Day Avenue. I had no intentions of speaking on this issue this evening. However, having heard some of the comments, I just can't help myself. To preface my remarks, I do not wish to diminish, deny, abridge or edit anyone's right to drink from 3 to 5 in the morning. What I do wish is that we have -- I just do not understand comments like, well, closing the bars at 3 will not accomplish anything. Yes, it will. There will be fewer people drinking until 5 a.m. in the morning, so I really refute the comment that it will not accomplish anything. Secondly, I'd like to say that it is not refutable that our crime does spike in this area from 5 to 7 in the morning. It is testimony on the record and sworn to by Officer Braga and Commander Martin that crime does spike. This is irrefutable, so when I hear an attorney come up here and say there's nothing empirically proven to you that crime or anything else will be diminished by closing the bars at 3 is incorrect. I also want to state for the record that I have nothing but absolute respect for John El Masry. I believe his point that his restaurant should be carved out separately, perhaps, as a business that has been admirably representative of the Grove, does serve food from 11 in the morning until 5 in the morning, and should be, perhaps, carved out as an exception to this bill [sic]. But in conclusion, I ask that you Commissioners please pay attention to the fact that we, the residents, wish to improve our quality of life, and that it is not illogical of us to ask that you close bars at 3 a.m. as opposed to 5 a.m. Thank you. Chair Sanchez: Thank you. Next speaker. David Collins: Thank you, Chairman Sanchez, Commissioners. It's good to be here again. My name is David Collins, 3230 Gifford Lane. I am the executive director of the Coconut Grove Business Improvement Committee. I'm not here to espouse their position because they've taken no position on this issue. Neither am I here to represent the Village Council that I serve on. I have a fair amount of experience with the business community in Coconut Grove. As you know, we're moving under the leadership of Chairman Sarnoff to the very likely formation of a business improvement district in Coconut Grove. There is a lot riding on this decision that you're making today. I want to say a couple of things about it that you may not have heard today, and I first want to say that I rise with qualification in total support of closing the drinking hour at 3 a.m. in Coconut Grove. I think it will be healthy for our community. I think it won't limit the bars in our community. If you're not drunk enough by 3 o'clock, then you maybe should be drinking somewhere else. What -- the reason I come to this position with one qualification is that there is a little bit of difference of opinion between neighbors and the business community. I've talked to a lot of the folks in the business community over the last couple of days, and a lot of them, for one reason or another, don't want to stand up and testify here, but there is an objection to this, and if you'll allow me for another 70 seconds, sir. There is an objection to this among business owners, even restaurant owners in Coconut Grove. Three a.m. is late enough for there to be drinking in the Grove. There needs to be a balance between the people that are drinking and the people that are sleeping. The Grove is a little wilder. It's going to be boisterous. It's going to be a little different from Coral Gables. It's going to be a little misbehaved and it's not going to be an old people's home. It's going to be Coconut Grove. Many of us have spent time here as youth and we know it can be wild. It shouldn't not [sic] be wild, but it should stop at 3 o'clock. I spent 15 minutes this morning reviewing New Orleans, which has a small problem with their Legal Department. They have more than 900 clubs that are still featuring live music against City ordinance. So here we have a real fight between neighbors and clubs. The City doesn't know what to do. This is a fairly simple one. If you achieve balance by saying, yes, the neighbors want this community to be one way, and the businesses want it to be here, you find a middle ground. This is not a cop out place. This is a place of sensibility. Lastly, please don't be the straw that brings down Mr. Moe's. Mr. Moe's serves one of the three best lunches in Coconut Grove. We need it. I've never had an alcoholic drink in Mr. Moe's. I've eaten there a lot. And I City ofMiami Page 66 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 think that we need to find, whether it's 30, 60, or 90 days, a way to allow Commodore Plaza to continue to be centered around Mr. Moe's and the Christabelle's restaurant, which is a part of the future of Coconut Grove. Chair Sanchez: Thank you. Mr. Collins: Mr. El-Masry has put ten times into Coconut Grove than he has taken out of it. Please find a place for him to exist. Thank you, Commissioner Sarnoff, for this important legislation. Chair Sanchez: All right. Next speaker. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I'm not a resident of the Grove, but I'm speaking for many residents of the Grove, whom I know, who are affected by this because of the noise that is created. Because the noise that is created by the clubs, not a restaurant like Mr. Moe's, but the clubs doesn't stay within that area of the Center Grove. It goes out over the water. One of my friends who lives at the bottom of Poinciana Drive, the boom, boom, boom hits the walls of other houses around there and goes in all their windows, the whole neighborhood can't sleep till the bars close. So -- and it's not only that street. I'm sure it's pretty widespread. So that is a serious problem. If you could somehow limit the noise, maybe that would help, but I think you can't do that unless you close the bars. So I am in support ofMr. Sarnoffs ordinance, and I hope you'll pass it. Thank you. Chair Sanchez: Thank you. Next speaker. Anyone else? Tim Ryan: Hello. My name is Tim Ryan. I live at 3333 Rice Street, corner of Rice and Florida. I've lived there about a year, and in that period of time, I've got to sleep through the night about five times, so ifI look a little goofy, I'm sorry. The --I live between two bars, Oxygen and Cielo, I think is what it's called. I've learned a lot of new words in the middle of the night. Three o'clock in the morning, 4 o'clock, and 5 o'clock in the morning are very interesting times for me. I get to listen to the screaming of people who apparently cannot hear each other because of the alcohol that they've had. There's only -- there's been one shooting at that corner. The guy couldn't hit the other guy. He shot at him three times and missed. I presume that was because of intoxication. I've learned a lot of new phrases that begin with the "F" word and those are the types of things that I hear every night usually at the hour, starting at midnight, 1, 2, particularly at 3 and 4 in the morning. I don't believe that's a good use of our time, our energy, and our effort, and I would like to get a good night sleep. I think that -- I have gone to the Mayfair security. I've talked to them. I've talked to the manager of Oxygen, who simply told me that his job was to get them up the stairs. I've talked to the Mayfair security, who said their job was to get them to the sidewalk. I've talked to the Miami Police Department and their job is to deal with them once they get to the sidewalk. I'm concerned about that. I'm in favor of the ordinance. I'd like to get a good night sleep. Thank you very much. Chair Sanchez: Thank you, sir. Anyone else? If not, the public hearing is closed, and it comes back to the Commission. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Mr. Chairman, I want to put into the record and I'm -- John, I'm sorry. I pulled up your crime statistics. Here they are. I'm going to give one to the Clerk. And just for a six-month period, between June of 2007 and December 31, 2007, you had 32 calls for service. You had robberies. You had arrests. You had -- and most of these, 17 of them have come between the hours of 3 and 5 o'clock. And this came directly from the City ofMiami Police Department, so -- Mr. El Masry: When you say robberies, robberies -- Mr. Moe's was victimized or --? Commissioner Sarnoff A person at Mr. Moe's. And that's not -- and to be honest with you, that City ofMiami Page 67 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 didn't occur at the 3 to 5. Most of your disturbances are disturbances are drunk and disorderlies [sic] at the hours between 3 and 5. Equally, so that this Commission knows, I also pulled up the DUI records just for a six-month period, a very small window so that we could just take a look at what happens in and around Coconut Grove. Seventeen D Uls for a very short period, and as you can see, five of those occurred between the hours of 3 and 5. I will present this to this Commission, and I just ask you -- you know, we used to have a saying in law, just because you're sitting there, doesn't mean you lose your common sense. I think one of these Commissioners sitting at this dais once managed a nightclub, and there is a distinction and a difference between what occurs up to 3 and what occurs between 3 and 5 o'clock. And remember, the people don't leave at 5 o'clock. That just is when, theoretically, this glass is supposed to be taken away and you stay, but you know what magically happens between 6 and 6: 30? Our nurses get up, our school teachers get up, and they share the roads with somebody. And they share the roads with people who are drunk, and if you don't believe that, don't vote for the ordinance. I understand that. The Grove is at a crossroads. The Grove either grows up or it becomes a full-time drinking establishment, period, end of report. They elected me, not only just the Grove, to represent them. The Grove needs to find a different way. If there is a way of coming up with a bona fide restaurant, there's an issue with that -- because a restaurant can't actually be open until 5 o'clock. A nightclub can and a supper club can, but we'll talk about that later, and I am still willing to meet with you because there could be some things we could do. But this is the right legislation for right now. This is only going to go into -- take effect on June 30, 2008. That gives people time to make some changes. It gives time for you and to meet. And it gives time for me to go over the crime stats with you. Chair Sanchez: All right. There's a motion on the ordinance on second reading, as amended, to include the June 30, 208 [sic] date. Vice Chair Spence -Jones: Mr. Chairman, I do have some questions before -- Chair Sanchez: But need a -- Vice Chair Spence -Jones: I know. Chair Sanchez: -- motion and a second. I don't -- Vice Chair Spence -Jones: Right. Before -- Chair Sanchez: -- believe I have it. Vice Chair Spence -Jones: -- but before we do that, I just -- I would like to like get some clearer understandings on some of the questions. Is that -- or you want to wait for --? Chair Sanchez: I'd like to get a motion and a second first. Vice Chair Spence -Jones: No problem. Get your second then. Chair Sanchez: Is there a motion and a second? Commissioner Sarnoff So moved. Chair Sanchez: Motion by Commissioner -- Commissioner Gonzalez: Second. Chair Sanchez: -- Sarnoff second by Commissioner Gonzalez. The item is under discussion. Commissioner, you're recognized. City ofMiami Page 68 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: Okay. I just -- there was a couple of things that was said here tonight. I wasn't a part of the first hearing at all, and I really hate that I missed it, but I definitely wanted to be a part of the second one. Has the question been asked by the folks over at Cocowalk as to what kind of impact this is going to have on them? Did anybody from the -- from Cocowalk at least come -- Michelle, you're a member of the Village Council, correct? Ms. Niemeyer: Yeah. Vice Chair Spence -Jones: Can you step up to the mike for a minute? I -- and I know this is not Commodore Plaza, butt mean, I know it's kind of -- but has anyone given you any input from Cocowalk, for instance, to see how they're going to be impacted from it? Ms. Niemeyer: We did not get impact from Cocowalk. You mean the ownership of Cocowalk -- Vice Chair Spence -Jones: Yeah. Ms. Niemeyer: -- or their management? Vice Chair Spence -Jones: Yeah. Ms. Niemeyer: No, we didn't. Vice Chair Spence -Jones: So we really don't know how this is going to really affect them at all, right? Ms. Niemeyer: I think we can assume. Commissioner Sarnoff No, don't assume because Cocowalk has approached me. Vice Chair Spence -Jones: Okay, so Commissioner Sarnoff, can you -- they have an issue with it? Commissioner Sarnoff Cocowalk can accept this. Vice Chair Spence -Jones: They do have an issue with it? Commissioner Sarnoff No, they don't. Vice Chair Spence -Jones: Oh, so they're fine with the 3 a.m. time frame. Okay, because that's something that I would like to definitely know for sure on the item. The other question I had -- Barbara made a -- Ms. Bisno made a very good point earlier. She said -- she mentioned about areas, especially in the downtown area, the club district, where things go 24 hours, now with there not being a 5 a.m. time frame in Coconut Grove, now those people are now going to be rushing downtown through Overtown, through the downtown area, so they're going to now start coming there because, quite frankly, after 3 o'clock, club owners -- or club goers are not going to say I'm going to stop partying. They're now going to race to the next place so that they could be there until a late time, so that was one of the other issues and concerns that I have. And then regarding the overall Village Council comment that was made by both parties, but I'm assuming that Michelle, when she spoke, she spoke on behalf of the Village Council? Ms. Niemeyer: Yes. Vice Chair Spence -Jones: And the Village Council did not have an issue with it, at all, correct? Ms. Niemeyer: I'm sorry. I -- City ofMiami Page 69 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: The Village Council did not have a -- did they vote on this item? Ms. Niemeyer: We did. Vice Chair Spence -Jones: And -- Ms. Niemeyer: And our vote was -- we had a two-part vote. One part was that we believed that 3 a.m. closings were a good idea, but we did not believe that the 3 a.m. closing rule should impact the existing businesses that have 5 a.m. licenses now. Vice Chair Spence -Jones: Okay. So Commissioner Sarnoff, did you have an issue or concern with --? I just want to understand why -- Commissioner Sarnoff Yes. I have a legal service answer from the City Attorney and I'm going to abide by that, and if -- Vice Chair Spence -Jones: And that was what? Because we'd all like to know. Commissioner Sarnoff That you do not grandfather anyone because you're going to freat it as something that it's not to be treated. It's like a license. I'd be glad to give you the LSR. Vice Chair Spence -Jones: So I have the City Attorney right here, so that's the case? Julie O. Bru (Deputy City Attorney): I am not familiar with that opinion, but if he has it, I assume that it's correct. Vice Chair Spence -Jones: Okay. All right. I'm not finished. I want to just finish asking -- I didn't get a chance to talk the last time at the hearing, so I want to make sure I talk this time. So that was one of the questions and concerns I had. Armando, can you step into [sic] the mike for a minute? Because this is one of the things I wanted to have clarity on. Your concern -- when I saw this listing, Commissioner Sarnoff -- and I love Mr. Moe's, by the way. I don't live in the Grove, but love Mr. Moe's -- you showed -- I don't know if you actually saw this particular list that was presented during this particular hearing at all. I guess you just found out about it. Sergeant Armando Aguilar (Police): No, I have not, Commissioner. Vice Chair Spence -Jones: Oh, I'm talking about to Mr. Moe's. Sergeant Aguilar: Oh. Vice Chair Spence -Jones: Okay. So I'm assuming you got this, Commissioner Sarnoff, from who, then? Commissioner Sarnoff The -- Vice Chair Spence -Jones: Police Department? Commissioner Sarnoff -- City ofMiami Police Department, Chief Fernandez. Vice Chair Spence -Jones: Okay. So Chief Fernandez -- I want to just get everybody -- let's call it all out now. So, Chief Fernandez, these are all of the incidents that actually took place atMr. Moe's location? Deputy Chief Frank Fernandez (Police): Can you turn it around so I can see what it is? City ofMiami Page 70 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Sarnoff Here it is. Vice Chair Spence -Jones: 3131. That's your address? Okay. So are you aware of all these incidents that have taken place? Mr. El Masry: Over what period of time, ma'am? Commissioner Sarnoff Six months. Vice Chair Spence -Jones: Over six months. Mr. El Masry: Okay. So you're saying 36 -- Priscilla A. Thompson (City Clerk): I'm sorry. Mr. El Masry: -- (UNINTELLIGIBLE) six months? Ms. Thompson: I'm sorry. Vice Chair Spence -Jones: I'm sorry. Ms. Thompson: We cannot record when you're not on the mike. Mr. El Masry: Excuse me, I'm sorry. Thirty-six -- I'm not disputing it because I haven't -- this is the first time that I've seen it, but you're talking about maybe an incident and a half per week. I don't know how that compares to other places that are, you know, doing the type of volume that I'm doing. I'm not saying that I'm happy with that, but it doesn't seem like that is completely out of line. I'm not so sure that you wouldn't have -- ifI had a shoe store that was there open those hours -- Vice Chair Spence -Jones: Right. Mr. El Masry: -- I'm not so sure that they wouldn't have incidents of that. And the other thing I'd like to say -- one more thing. Vice Chair Spence -Jones: Yeah. Mr. El Masry: And the police officers are here. I don't understand the concept of people piling out into the streets at 3:30 versus piling out on the streets at 5:30. I don't know if you've ever been to the Grove -- Vice Chair Spence -Jones: Yes, I have. Mr. El Masry: -- late at night and seen it closed at 5 o'clock in the morning, but the second we close and the second the police officers leave, we have that unsavory element that comes out into the streets and I believe that you're seeing -- those are the people. I don't believe for a second that people are patronizing Mr. Moe's, drinking and then leaving, and then go going ahead and committing crimes. I don't know how you tie in these DUls to people that were drinking at Mr. Moe's. I'm not disputing these -- this evidence right here. All I'm saying is that 36 times in a six-month period, based on the amount of volume that we're doing right now, I don't think that sounds terrible. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff, do you have a problem with amending it for restaurants? City ofMiami Page 71 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Sarnoff Sorry? Vice Chair Spence -Jones: Do you have a problem with amending your motion to include -- to not include the restaurants? Commissioner Sarnoff I cannot amend it right now for restaurants, that's correct. Vice Chair Spence -Jones: I'm saying -- but do you have a problem with not including it? Commissioner Sarnoff I will continue to meet with him, and I will continue to see if it's feasible with the City Attorney to create a -- Chair Sanchez: All right. Commissioner Sarnoff -- bona fide restaurant, but that is not an amendment I'm going to accept. Mr. El Masry: Is it possible, then, Commissioner Sarnoff, that we can defer this so -- Commissioner Sarnoff No. Mr. El Masry: -- I -- so we could have time in order to discuss this? Commissioner Sarnoff No. Chair Sanchez: Okay. Vice Chair Spence -Jones: Wow. Chair Sanchez: We -- Vice Chair Spence -Jones: Commission -- okay. My last thing. I fried, okay? Mr. El Masry: Appreciate it. Vice Chair Spence -Jones: Armando, just real fast, and Chief Fernandez, before you leave. Armando -- because he just mentioned about the police coming in the streets and clearing up everything. Now, is it true that we no longer -- there's no off -duty police officer available at all - Sergeant Aguilar: That is correct. Vice Chair Spence -Jones: -- in the City ofMiami for any of the clubs? Sergeant Aguilar: By orders of the Chief of Police, as of February 1, no off -duty police officers can work at any club. Therefore, patrol officers are going to have to respond to any calls for service. As stacked up as they are with calls, the services will be a lot less, so it -- Vice Chair Spence -Jones: So that means -- Sergeant Aguilar: -- will truly -- Vice Chair Spence -Jones: -- we may, at 3 o'clock in the morning, we may have more DUls, more activities happening on the streets because we don't have -- now these club owners and City ofMiami Page 72 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 restaurant owners are not able -- correct me if I'm wrong, chief are not -- they're not going to be able to hire the off -duty police officer to at least help limit some of that activity -- Sergeant Aguilar: Correct. Vice Chair Spence -Jones: -- going on the street? Sergeant Aguilar: There's not going to be any police officers working at these clubs, so if the true concern is the safety of the citizens, then we might as well close the clubs altogether because we're not going to have officers at any clubs that sell more than 50 percent of alcohol. It's got to be at least 51 percent food in order to have a police officer working at these clubs, so -- on the one side we're trying to protect the citizens; on the other side, we're taking the officers away. It doesn't make any sense to me. And I'm not for or against any of the two. I'm just putting out clear facts. Vice Chair Spence -Jones: Well, I just wanted to make sure you also put that on -- can you respond to that for me, please? Deputy Chief Fernandez: Commissioner, first of all, the reports that you have before you are requests that we received to provide -- Vice Chair Spence -Jones: Yes. Deputy Chief Fernandez: -- through the Commissioner's office. Vice Chair Spence -Jones: Right. Deputy Chief Fernandez: This is the last six months. And for the record, Frank Fernandez, deputy chief. Vice Chair Spence -Jones: Right. Deputy Chief Fernandez: These are the -- Vice Chair Spence -Jones: But these weren'tDUIs, though? Deputy Chief Fernandez: -- records that were requested, and we provided them. These are certain -- Vice Chair Spence -Jones: They were not -- I'm sorry. They're not D Uls, though, right? Let's clear up that. These are just incidents that might have taken place? Deputy Chief Fernandez: No. We were asked -- Commissioner Sarnoff Commissioner, if you look at the other page, it's DLL's. Deputy Chief Fernandez: We were -- Vice Chair Spence -Jones: Yeah, but the DUIs wasn't necessarily from him. These are just a list of incidents -- Commissioner Sarnoff Right. Vice Chair Spence -Jones: -- that took place. City ofMiami Page 73 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Deputy Chief Fernandez: Right. Vice Chair Spence -Jones: I mean, a boyfriend and a girlfriend could have got mad at the club and they might have been -- needed to be pulled apart for whatever reason; doesn't mean somebody was drunk driving from his location. Deputy Chief Fernandez: There are two reports we provided, one is all incidents at 3131 Commodore, and that goes for six months. That includes everything that's happened there, and they're identified by signals. The second report that was requested are DUIs that have occurred in Coconut Grove. That could be anything. Vice Chair Spence -Jones: Okay. Deputy Chief Fernandez: We certainly cannot say at this point whether it associates to any establishment whatsoever. Now, in terms of off -duty officers. Yes, we have -- effective February 1, we prohibit officers from working at clubs. However, restaurants that can produce documentation that their proceeds come from -- more than 51 percent come from food, then certainly we do allow the officers to work there, and we do provide that service. Vice Chair Spence -Jones: Okay. Deputy Chief Fernandez: But we do not provide it at clubs. Vice Chair Spence -Jones: And the reason why we stopped -- I mean, 'cause clubs -- it would appear that we would need to have officers at clubs. Deputy Chief Fernandez: Yeah. Commissioner, we've -- Vice Chair Spence -Jones: I mean, nobody's acting crazy at a restaurant. Deputy Chief Fernandez: Well, Commissioner, I could tell you -- Vice Chair Spence -Jones: I -- Deputy Chief Fernandez: -- that the restaurants certainly do not provide a significant problem, but they are requesting that service. We have encountered a considerable amount of problems with off -duty officers at these clubs, and I'll take you back. The previous policy years ago was the same policy that we had put into effect as of February 1. It was changed during the entertainment district period, and then we changed it back now based on the problems that we have encountered in the past. Vice Chair Spence -Jones: But that was really for the -- the reason why that was an issue -- and I'm going to give it to you, Mr. Chairman, because I can feel your vapors on my side here telling me to shut up. But, chief I'm just frying to understand -- I understand why we did it for the club district because, obviously, you guys felt that there was an issue, but that should not be for the whole City. I mean -- Deputy Chief Fernandez: It is for the whole City. We haven't -- Vice Chair Spence -Jones: -- like -- Deputy Chief Fernandez: -- just encountered that problem -- Vice Chair Spence -Jones: -- why would we have an issue with a club owner wanting to hire extra police officers to protect the people in the club? City ofMiami Page 74 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Deputy Chief Fernandez: We have, Commissioners -- and if you want, we can certainly meet afterwards, and I can show you the complaints that we've received and the problems that we have encountered. Vice Chair Spence -Jones: Thank you. Deputy Chief Fernandez: Okay. Vice Chair Spence -Jones: Here you go. Commissioner Regalado: He recognize me. Number one, Madam City Attorney, is the City Attorney saying that we do not grandfather? Ms. Bru: I think that needs to be clarified. The concept of grandfathering an existing use or somebody who has the ability to continue to serve alcohol after 3 is something that can be considered. Commissioner Regalado: So it's only -- we do not grandfather only about alcohol use, right? Ms. Bru: Let Lourdes address this because we -- Commissioner Regalado: No, no, no, no. Ms. Bru: -- were discussing it -- Commissioner Regalado: Because I want to just bring back the Commission to maybe two years -- three years and a half ago where a whole neighborhood was being attack by persons that were leaving adult living facilities who had patients with mental and criminal issues, and this Commission had some regulations. This Commission was sue by owners of the adult living facility, and we reach a settlement. And we, the government, accepted grandfathering many of those facilities who really create problems in different areas. So the only thing that we do not grandfather is established with -- that serve alcohol. Other problems for the community we do grandfather, right? Maria J. Chiaro (Assistant City Attorney): We write ordinances that include a grandfathering provision. This ordinance does not have a grandfathering provision. Commissioner Regalado: Oh, okay. So it's this ordinance, but -- Vice Chair Spence -Jones: But we can -- Commissioner Regalado: -- Commissioner Sarnoff said that the City Attorney had opine that we do not -- we cannot grandfather. Commissioner Sarnoff This ordinance. Commissioner Regalado: Oh, okay. So we cannot grandfather alcohol establishment, but we can grandfather adult living facility with criminal patients? Ms. Chiaro: This ordinance deals with -- Commissioner Regalado: No, no, no, no. Is -- do we in the City allow grandfathering establishment that attend to patients that have a criminal history or a mental illnesses, but we do not grandfather because, on this ordinance, it doesn't exist, alcohol? What I'm saying is, you City ofMiami Page 75 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 know, it's about quality of life; both about quality of life. So you tell me that if tomorrow I bring an ordinance closing down all adult living facilities that were grandfather, we can do it? Ms. Chiaro: They are -- those facilities that you're describing are protected by state statute. Commissioner Regalado: No. Ms. Chiaro: So there is a different -- Commissioner Regalado: No, no, no. No, ma'am. State statute protects adult living facilities with six persons in the City ofMiami, according to the Zoning ordinance. However, when we were sue -- and the City Attorney -- before Alex or whatever -- we had to make public that we have grandfather Pioneer House, with 113 patients with mental problems three blocks from my house. So you tell me, if 113 patients are protected by state statute, if we do not allow them to be grandfather? Ms. Chiaro: I can't discuss the details of what happened some ten years ago without seeing the facts. Commissioner Regalado: No, it's not ten years; three years. But that is -- well, we cannot grandfather -- we did grandfather three houses with 29 patients in Shenandoah. See, the point that I'm trying to make sure is that quality of life is for everyone, you know, and yeah -- you know, when we were sue because of that ordinance that brought, Johnny Winton was the one to say, I'm not going to allow to be sue personally, and the attorney -- because I'm not going to take dispositions, and the City Attorney recommended that we settle with these people. So it's very convenient to talk about, you know -- Chair Sanchez: We're still on this item? Commissioner Regalado: -- quality of life. We're still on the same. But you know, to me, we -- we're supposed to be one city. Chair Sanchez: We should go out and get a drink. We should go out and get a nice, cold beer at Moe's right now. Commissioner Regalado: And you know, Mr. Chairman, I have to disclose something, that have an alcohol imbalance, so I cannot even smell alcohol. I get bloated, so -- Chair Sanchez: You could have a glass of milk. Commissioner Regalado: -- I won't have a problem -- I wake up at 3:30 in the morning, and I haven't had, thank god, a DUI person run into me. You know, that's the risk thatl -- but my point is, you know, we should all work for quality of life. Vice Chair Spence -Jones: Commissioner -- Commissioner Regalado: I cannot support this ordinance as it is for one reason. It's unfair. I will support not granting any more -- Vice Chair Spence -Jones: I agree. Commissioner Regalado: -- exceptions or permits, but cannot because this is friendly fire. When people where asked to come to the Grove, they did their numbers, they did their -- and they hire the people, and I'm not going to just -- to go back in time and tell them there's nothing that we promise you to bring you. I remember we gave you a proclamation here -- City ofMiami Page 76 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Mr. El Masry: Yes, sir. Commissioner Sarnoff Let's call the question. Commissioner Regalado: -- when you open. Chair Sanchez: Thank you, god. All right. Somebody's called the question, so it's an ordinance on second reading. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Ms. Thompson: Before the roll call, ifI might ask, Chair. The maker of the motion did modify by putting in an effective date of June 30, 2008. Chair Sanchez: Yes. Ms. Thompson: Does that not modify your ordinance? Ms. Chiaro: Yes, it modifies -- Commissioner Sarnoff As amended. Ms. Chiaro: -- the ordinance. Commissioner Sarnoff Correct. Ms. Chiaro: Does not modify the title that was read, however. Ms. Thompson: Thank you. Chair Sanchez: All right. Roll call. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Vice Chairman [sic] Spence -Jones? Vice Chair Spence -Jones: No. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Vice Chair San -- I'm sorry, Chair Sanchez? Chair Sanchez: Why do I get put in this position? City ofMiami Page 77 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: (INAUDIBLE). Chair Sanchez: Yeah. Commissioner Regalado: Because you are the Chair; you vote last. Chair Sanchez: I am the Chair, and I'm prepared to make the right choice for the City; I am. Let me tell you something. If we focus on something here, it isn't about a business. It's about the quality of life of people that we represent. And you know what? I could look you in the eyes and take away two hours, but can't look at somebody in the life [sic] and take away their lives. And I'll tell you what, I could speak from experience, because I was a state trooper, and the worst thing that I've ever had to do in my life -- the worst thing that ever had to do in my life was notify a next of kin that their loved ones weren't coming home because they got killed by a drunk driver. So based on my principles -- and I think that what has been said here today -- and the residents that have come out and say, hey, listen, it's time that we take the Grove back into being a peaceful, respected establishment [sic], my principle says that definitely have to vote yes. Applause. Ms. Thompson: The ordinance has been adopted on second reading, 3/2. Chair Sanchez: All right. Commissioner Gonzalez: All right. Chair Sanchez: What's next? Commissioner Gonzalez: Are we going to move along now or --? Chair Sanchez: Well, you know -- Commissioner Sarnoff I'll do away with my blue pages. Chair Sanchez: Listen, with all due respect -- and I -- you know, I'm the Chair here and I try to run a very good meeting. I allow everyone an opportunity to go over their two minutes. I'm probably the nicest guy in the world, but listen, I'm going to have to take control of these meetings. For the last two meetings, with all due respect, Commissioner Sarnoff, you have taken 50 percent of the Commission meeting, and all that I'm asking you is to have a little consideration in these meetings. Because you know what? We -- your issues are important, just like all the Commissioners that have an issue here, but today we're going to probably get out of here by 11, possibly 12, if we keep it up the way we're going, and we end up doing an injustice to some of the people that come here that have been here all day. So all that ask is a little cooperation to work with my office and my staff to make sure that if you have two or three or four or five controversial items that are going to require a lot of public participation, please, let's put two, and then at the next Commission meeting, bring two. And I know it's not your fault because, at times, they're continued and they keep adding up, butt need you to work with me so we could run, you know, a meeting where we could leave out of here and not be tired and be able to make the right decisions. ORDINANCES - FIRST READING FR.1 07-00937a ORDINANCE First Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE Office OF THE CITY OF MIAMI, FLORIDA, BY AMENDING CHAPTER 62, ENTITLED City ofMiami Page 78 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 "ZONING AND PLANNING," TO ADD ARTICLE XIII, ENTITLED "ZONING AND PLANNING" TO CREATE A NEW SECTION ENTITLED "ARTS AND ENTERTAINMENT MURAL REGULATIONS", CREATING DEFINITIONS; PROVIDING A SELECTION CRITERIA, CLASS I PERMIT REQUIREMENTS; PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT PROCESS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00937a Summary Form.pdf 07-00937a Legislation.pdf 07-00937a-Exhibit A.pdf 07-00937a-Mural Boundaries Map.pdf 07-00937a-Submittal-PowerPoint Presentation by George Sanchez.pdf 07-00937a-Submittal-Sarnoff Comparison.pdf 07-00937a-Submittal-Map Sarnoff.pdf 07-00937a-Submittal-Administration Comparison.pdf 07-00937a-Submittal-Map Administration.pdf 07-00937a-Submittal Borinquen Health Care Center Fact Sheet.pdf 07-00937-Submittal-Administration Comparison.pdf 07-00937-Submittal Borinquen Health Care Center Fact Sheet.pdf 07-00937-Submittal-PowerPoint Presentation by Coommissioner Sarnoff.pdf CONTINUED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to continue items FR.1 and FR.2 to the Commission meeting currently scheduled for March 13, 2008; further directing the Administation to consider all elements of concern presented on items FR.1 and FR.2 and report back to the Commission with a more defined mural ordinance at the Commission meeting currently scheduled for March 13, 2008; and further directing the Administration to meet with the Office of Commissioner Sarnoff regarding the mural ordinance. Direction by Commissioner Sarnoff to the City Manager to obtain from Fuel and other advertising firms, in order to have a better understanding of fees and locations, four specimen leases for mural placements from 2006, 2007 and 2008 from each firm. Chair Sanchez: Okay. Let's see if we could do this. The murals, how long is the presentation from your office is going to take, Commissioner Sarnoff? Commissioner Sarnoff Probably about 20 minutes. Chair Sanchez: Twenty minutes? Commissioner Sarnoff Yeah. Chair Sanchez: All right. Well, what's --? We could always either take them up on the first item after lunch -- Vice Chair Spence -Jones: Yes. Chair Sanchez: -- or we could take them up now, or we could continue on and gain ground through the agenda. So what's the will of the Commission? Commissioner Sarnoff I prefer to go now. City ofMiami Page 79 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Chair Sanchez: You prefer to go now? Commissioner Sarnoff Sure. Chair Sanchez: All right. Let's bring up the murals. Priscilla A. Thompson (City Clerk): Would that be FR.1? Chair Sanchez: That'll be FR.1. Ms. Thompson: Thank you, sir. Chair Sanchez: Okay. Let me just get to it. All right. What we're going to do is we're going to have a procedure here that -- how we're going to handle this, okay? First, the Administration will present their ordinance, followed by -- Commissioner Sarnoff Can I ask -- Chair Sanchez: -- the Commissioner. Commissioner Sarnoff -- for a point of privilege on that? Can I present first? Chair Sanchez: I -- with all due respect, I think the Administration should present their -- Commissioner Sarnoff Actually -- let me just argue this point, and I'm going to make a motion to do it. The reason is, I started this process a long time ago with the intentions of working with this Administration and formulating a mural ordinance. We worked together for the better part of ten, twelve sessions. My mural ordinance came up first, and then was withdrawn by the Administration. I had no say-so in it. Just by mere positioning, you were able to put FR.1, your mural ordinance, up first. It would seem, out of respect to me and for the time and energy I put in meeting with your office, meeting with the CityAttorney's Office, and just the man-hours that I've put into this, that I could at least present first. Chair Sanchez: Well, what I wanted to do is combine and -- just present them both; we'll discuss both; have the industry speak, have the public speak, and then this Commission will make a final determination as to the will of the Commission, how they're going to vote. Commissioner Sarnoff Well, I -- Chair Sanchez: But it really doesn't -- you want to go first and there's --? Commissioner Gonzalez: I believe that, out of respect to the Commissioner, the Commissioner should be -- Chair Sanchez: All right. Commissioner Gonzalez: -- be allowed to do his presentation first. Chair Sanchez: All right. Commissioner Sarnoff you're recognized for the record. As your presentation, it's going to take about 20 minutes? Ms. Thompson: Chair, so we're moving with FR.2 first? Chair Sanchez: In this case, yeah, we're ready with FR.2. All right. FR.2. Commissioner Sarnoff, you're going to go first, but the Administration's also going to present theirs. I think the City ofMiami Page 80 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commission should listen to both ordinances, and then come up with a vote as to whatever the wish of the Commission is. So you're recognized for the record. The Administration will follow with their presentation. Commissioner Sarnoff Do we have a quorum? I would think murals would be important enough for everybody to be up here. Chair Sanchez: And they will. Could we get -- Sergeant at Arms, could you try to get the Commissioners? All right. So let's fry to establish the process here. From the industry -- who will be the representative from the industry? All right. So we'll have two speakers. I don't want to deny anybody the due process here, folks, but let's fry to maintain as much order as possible. So we'll have the attorney for the industry, and you would want to speak also on your behalf and then, of course, anybody from the public who would like to speak on this item could speak on the item when we open it up to the public. Okay. Commissioner Sarnoff, you're recognized for the presentation of your ordinance. Commissioner Sarnoff To my colleagues, thank you for allowing me to present. We spent a lot of time working with this Administration in fashioning a mural ordinance. I know I attended close to ten meetings. We met with the City attorneys probably the better part of six or seven times. We created legal language that we labored over and tested time and time again to fry to figure out what is the best legal language that we could come up with. We looked at 14 mural ordinance [sic], which really -- outdoor advertising ordinance [sic] throughout the United States. We looked for the ones that had been tested in court to see which ones withstood legal challenge. And I think we created a mural ordinance that was the original intent of this Commission, along with the Mayor, back in 2006. But let me make my presentation to you, and I want to make it clear to everybody here, make no mistake, all the murals with commercial messages are illegal; they violate the law. That is no ambiguous. It is not even arguable. The Miami -Dade County sign code makes these signs illegal. That sign code is countywide in nature, under the County's home rule charter. It applies, to this very day, within the City ofMiami and all other municipalities within Dade County. When the sign code was completely rewritten in 1985, it expressly made illegal the very murals that today are polluting the City ofMiami, and some other places as well, but overwhelmingly the concentration is in the City ofMiami, and more particularly, District 2. The illegal murals started to proliferate in the year 2000. The fact is that this and the prior City administrators have failed to do aggressive enforcement against the outdoor advertising industry. The industry and its building owners and their enforcement is deplorable and embarrassing. Apparently, the rule of law, a cornerstone ofAmerican democracy, is selectively applied here at City Hall. And think about it, we ask our citizens to comply, and we hit them with fines, and we demand of them compliance, and yet, a multimillion dollar industry we time and time again turn a blind eye to, we time and time again allow them to mitigate. The way we work it is we give a notice of violation. I call that a de facto 29-day permit. You know what that means and you know why that is? They get a notice of violation and they have 30 days to remove the mural. Those violators know for 29 days they have what I call a de facto permit. If we're going to be consistent -- and I've heard Commissioner Regalado, I've heard Commissioner Gonzalez -- I was very proud to hear them use the word [sic] "zero tolerance." Let's bring our city into compliance. Let's bring our city into compliance not just with our citizens, but with multinational companies. Standing before you here today is a spreadsheet that was created by Code Enforcement. You'll see that for about a year and a half to two years, we've been able to generate $2.4 million in fines. Now just think about this come August. Because come August, we're going to make some cuts. We're not going to like those cuts. Should it have been $2.4 million? The way our office estimates it, should have been close to $6 million. Everybody mark this day and remember it. Remember the fact that we labor to collect this $2.4 million. City Manager yesterday gave us a document that suggested another million dollars had been paid. My point and purpose in showing this to this Commission is to show you just the illegality of it and to show you this is with the 28-day or 29-day de facto permits. This is how much we generated. Whether we've collected $410, 000, whether we've City ofMiami Page 81 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 collected $289, 000, or as the Manager may tell us, if we have collected just under one million dollars that's left to be collected, look what we're leaving on the table. Every one of us is going to have a program cut, but look what we're leaving on the table. And again, I suggest to you that number should not be 2.4 million if there was aggressive Code enforcement. Because you'll see the pictures that are going up on the screen with you. Most of these buildings have the murals up to this day. I sat in a Code Enforcement hearing very recently. In that Code Enforcement hearing, I watched $225, 000 in fines mitigated to $50, 000. Now she was a lovely lady. She probably should be the person that should stand up there in front of everyone acting like the building owner for a mural, but my concern is the beauty of our ordinance is that everybody must come into compliance and pay their outstanding fines, and they do so without mitigation. 'Cause like I said to everyone up here, come August, you're going to talk about a program to feed the elderly, you're going to talk about a program to watch children, and there's not going to be funding. Yet, if we were active as a city, if we were consistent as a city, if we cared like we should consistently caringly like a city and demand of our citizens that they comply, we should be demanding of our corporate citizens, the ones most able to pay, and the ones that really are not Floridians -- most of these companies are not Floridians; they're out out-of-towners -- the ones most able to pay, we're not asking them to pay their just fair share. The mural companies who have installed these giant ad signs -- and their attorneys and their lobbyists -- are sophisticated people, and you all know this. They know they've broken the law. When they speak to us privately or during today's meeting, understand that the companies have installed these signs, and their agents know they have broken the law and often repeatedly for years. In the spring of 2006 -- and most of you, if not all of you, were here -- the Miami City Commission formally requested the County Commission to amend its sign code to allow a limited number of murals within a specified zone in District 2. Our Mayor, Manny Diaz, was instrumental in advocating for murals in the downtown urban core. Now I say this to you not out of any kind of animus towards the Mayor because what I did was I took his mural ordinance. I took his boundaries, and what I did was I followed his lead in demanding murals remain in the urban core. Now as you all know, a year later, last spring, the County Commission voted to allow this City Commission to promulgate regulations that would allow installation of legal murals for the first time. That was called, as we like to refer to it, Murals I. Well, it passed so easily and so resoundingly that the lobbyists thought to themselves, "Wow. We left something on the table." So they created Murals II;; didn't pass so easily, but it got through. Murals II -- I'm sorry, Murals I was the ordinance that the Mayor had drafted. It's our yellow. Those are the boundaries ofMurals I. Murals II is what I call Murals I on steroids. So you see the red includes Murals II. Now we'll get to those areas, but that's why we're here. That's how we got here. Now make no mistake, this City Commission has not yet adopted an ordinance required by the County Commission promulgating any rules or regulations. Conclusion. Even though the County is allowing us to legalize some murals, all of the murals hanging as we sit here today are flagrantly and insultingly violating the law. That is not ambiguous, and it's not even arguable. So today's discussion comes down to what body of rules are we going to approve; rules that reward these lawless companies, who have laughed all the way to the bank for years and years, violating the law and knowing that the City ofMiami has turned a blind eye and refused to crack down on such blatant and illegal behavior? You know, this is a mural; it's an advertisement. By definition, it has to be seen. By definition, a Code Enforcement officer had to see these murals. It's a display. There's nothing more as blatant as a display. Are we going to adopt an ordinance that genuinely controls an industry that has run rampant? In fact, with the prior City Administration, actually, we became partners with the violators at nine mural locations. You all may know this as the stipulated murals. Of particular note, you should know only four of the nine have paid their fees. So even when we make an agreement, the agreement is violated. I, for one, believe that we should adopt tough, fair rules that offer mural companies a chance to become legal in a controlled area, in a controlled amount. We should not be about the business of maximizing rewards for a lawless industry. We should do what is right for our residents. We should do -- we should limit visual pollution, limit visual pollution downtown; see if the industry will start obeying the law and revisit the rules. Let me stress this. We can revisit the rules some time in the future, depending on the industry's behavior and on how well the City Administration City ofMiami Page 82 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 enforces the new rules or not. Now my mural ordinance versus the City's new mural ordinance - - which I think is hot off the presses as of some time yesterday, so I don't know how you can be all that well versed in the City's ordinance -- is 15 versus 35. Our border is limited to south of 15th Street versus southwest of 7th Street to Northeast 41 st Street. Our mural has a maximum of size, 2,000 square feet. Their mural ordinance has no size requirement at all; it can be as big as the building. Our fees call for a two-tier structure; $10,000, $6, 000 in a corridor that is not as visible. They have 8,000. Commercial sponsorship, which means what's the commercial size of the message. They provide for 20 percent; we call for 10 percent. Illumination. We say no lights; they say, yes, of course, lights. I'm here today because I want to pass a reasonable mural ordinance. I really should be using the word [sic] "outdoor advertising," but I've fallen into their own frap. I suggest we execute a compromise. I know Chairman Gonza -- excuse me -- Commissioner Gonzalez, who I'll always know as my chairman, I know that you have an interest in an area around the hospital disfrict, and I think we should create a satellite district for that particular area. I think it's very easy to turn around and provide to you a section, whether it's the exact section out there that you can have some murals. I think it's very easy, Commissioner Spence -Jones, for you to have an area at the very upper crust, right up there around the Design Disfrict, where we can have some murals up there. But what don't want to see happen -- this is Disfrict 2, and this comes all the way down into Disfrict 2, and I just think it's really patently unfair to require Disfrict 2 -- which I've said time and time again to you, is the disfrict that pays most of the ad valorem taxes of the City ofMiami. We've run a poll. We know how District 2 residents feel about it. It's just wrong to put murals up and down District 2. Commissioner Sanchez, I don't think that they belong south of the Miami River. The urban core is what the Mayor had intended. I didn't recreate this particular venue. All did was change his ordinance to require certain limits. In other words, as we all know, we're going to populate downtown Miami. As we all know, we want to attract people to the condominiums. The question becomes, how close do you want to put the murals to the condominiums? You pay five hundred thousand, a million dollars for a condominium, do you want to look right across the street at a condo that has a mural hanging? Do you want a mural, or outdoor advertising, that goes over your windows because you were outvoted by your condo board? And they suggest, well, you know, things are tough right now, and let's lower our maintenance a little bit, so let's put a mural up, so for the next three to five years, you now have a mural directly over your property, directly over your windows. You paid for a view to Biscayne Bay, but because some out-of-towners may own your building and may actually have the voting majority interest on your condo board -- they don't live here; they don't care about Miami, and then will have some Miamians living in those buildings, and the next thing they know, they have a mural over their window. I suggest to you those are the noncompromisable [sic] parts of the mural ordinance. Terms of square footage. I'm more than prepared to increase our square footage, but are you prepared to put no limits on the square footage of these murals? Are you prepared to say your entire building can be covered with a mural? In terms of fees, I can certainly agree that we can go with the City Administration's fee of $8, 000, for ease of administration and ease of dealing with murals. In terms of the commercial message, meet me halfway. I'm calling for 10 percent; you're calling for 20 percent. Go to 15 percent;; meet us halfway. In terms of illumination, you may find this startling about me; today, no; tomorrow, maybe. There may be a part of the City that we may want to illuminate, but you have people who entered into agreements with you that aren't even honoring those agreements. Let's first see how this project works. Let's see who pays and who doesn't pay. Now I will tell you that we labored over the wording. We put bond holders and sureties. As we sit here today, we are unable to control murals because we can only visit our laws upon the building property owners. But if we require a surety, a bond holder, if we require somebody to come in here and also be liable, they're going to force the mural industry, because it's their money, to abide by the laws. I'm going to wrap it up right now. I'm going to tell you some other things about the problems with the City's particular one. You allow wraparound murals. I have never in my life seen a legitimate, good-looking wraparound mural, and you do a great disservice to the City to have a wraparound mural. The other thing I want to impress upon you is this -- and Commissioner Regalado, I asked you about this. You're a huge critic of the PAC (Performing Arts Center), andl somewhat agree with you. Under the City's ordinance, City ofMiami Page 83 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 there is no mural free zone around the PAC. IfI look at everybody in this audience, you have spent $650 million on a building, and under the City's ordinance, they are allowing murals to walk right up to the door of the PAC. How about this? How about we maintain a mural free zone around the Performing Arts Center so that we can enjoy the beauty of the building that we spent $650 million building? Under the City's ordinance, there is no such zone. It was somewhat -- let me close because I could say so much more, and I promised Commiss -- Chairman Sanchez I wouldn't spend that much time. It was disheartening to have spent so much time with this Administration, negotiating with the Planning Department and sitting with Legal, and violating my wife's rule of not being a lawyer while I'm here, and working out legal language that we think is very good legal language, only to be replaced by language that I'll suggest to you is driven by the lobby industry. Why do you think lobbyists put their own language in ordinances? They do so just like why do people write computer programs; 'cause they know the backdoors. I stress to you and I emphatically ask you -- four City attorneys sat with me, and we worked on language together. And we did so laboriously, and we did so frying to poke holes in very difficult areas. Let me just leave you with one thought. If you go with the ordinance that's being proposed by the industry, that particular ordinance is subject, in my opinion, to a constitutional challenge because it doesn't deal with commercial speech. Two last things I want to leave you with. Our ordinance does not exempt government buildings. Now I don't know if your latest version does 'cause I haven't read your ten -minute -ago printed latest version. Ifyou don't exempt -- if you do exempt government buildings, you could be looking at 100 murals. Every government building downtown could have a mural; every off-street parking garage could have a mural, and they won't be counted in your inevitable number. Think of Sao Paulo, Brazil. They started a murals ordinance many, many years ago, and they became the murals capital of the world. Six months ago, they passed an ordinance, no more murals because it ran rampant. Ifyou exempt government buildings, you don't know the number of murals you're about to get. I sfress, I urge my colleagues on the Commission to use the language that we have carefully chosen. It's better language, from a legalistic standpoint, than the language that is being provided to you. The City Attorney did something that I have to give him kudos for. He actually did a comparison sheet, which we'll hand out to you, of the differences between the two murals ordinance [sic]. I'm more than willing to increase the number and the quantity to 25 so that Commissioner Gonzalez can enjoy murals in his area, so that Commissioner Spence -Jones can have murals in the Design District. I'm more than willing to increase the square footage, but there should be a limit of 6, 000 square feet. I'm more than willing to say $8, 000, as the City has suggested. I caution you against starting with lights. I think we should run this thing for the better part of 18 months before you start putting lighted murals up. I sfress to you, do not exempt government buildings because we could be looking at a 100-mural ordinance. Let me just close with one last thing. Commissioner Gonzalez: Commissioner, did you say make sure that we do not exempt --? Commissioner Sarnoff Government buildings. If we exempt government buildings, Commissioner, what'll happen is they don't count in the number we decide. Let's say we decide on 15 -- let's say you say, no, 25. You're going to think, today I voted for 25 murals maximum. No. 'Cause if the government buildings are exempt, could have been 75. Commissioner Gonzalez: Okay. Now I know what you mean. What you mean is that you want -- if they put murals in government buildings, you want them to be counted on the total amount of whatever it is, 15, 20, 25, whatever. Commissioner Sarnoff Correct, sir. Commissioner Gonzalez: All right. Commissioner Sarnoff Absolutely. And let me just say the use of the fees. Most of the impacts to this City for building have been felt in my district, whether it's Brickell, whether it's the City ofMiami Page 84 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Edgewater place -- Edgewater, I should say. We don't have enough parks in District 2, and I know you don't have -- Chair Sanchez: No. Commissioner Sarnoff -- enough parks in your -- I know that as well. Chair Sanchez: Don't touch that. Commissioner Sarnoff And -- understood. We'll be talking about a big park for you, but understood. But that's why I stress to you that the money should be spent not on parks, but on park acquisition. Let me use the lottery analogy for one moment. You know the government turned around and said to us, we're going to enhance education with the lottery. I don't ever remember them saying, we're going to replace it with the lottery. Well, where do we stand today? It's replaced. We don't even put money towards education; it comes out of the lottery. If this Administration were to say, let's start running Parks Department out of this particular budget, do you think they're going to enhance it, or do you think they're going to replace it? We have an obligation to the citizens to maintain our parks. I'm suggesting that we have another obligation, and I sit here in absolute jealousy of you, Commissioner Gonzalez, because our joint driver loves to drive me around your parks and rub it in, as I put it. You have, without mistake, the best park system -- or the best parks will be found in your neighborhood, and I'm extremely jealous ofyou. What I'm asking for is that I equally have that opportunity, Commissioner Sanchez has that opportunity -- Michelle, you'll have a beautiful park at Little Haiti Park very shortly. It's important that we acquire parks, we acquire the parkland. And we have to have the financial ability to do this. This ordinance, if we attribute 50 percent of it towards park acquisition, not park maintenance, not park programming, we can start building a greener city. Let me suggest to you this. We just passed a bill of rights. One of the part of that bill of rights was open green space. Eighty-one percent of the City ofMiami voted for something. When is the last time you -- 81 percent of the City ofMiami voted for anything, other than Commissioner Regalado? I think he won 81 percent. But 81 percent of the City ofMiami citywide voted for that particular ordinance, and I'll suggest to you that people are looking for parks, open green space. This, if we attribute the money to park acquisition, will allow 81 percent of the people's vote to matter. Fifty percent of this could be spent -- I'm sorry. Commissioner Gonzalez: Am I -- Mr. Chairman, am I allowed to -- Chair Sanchez: Yes, you're recognized. Commissioner Gonzalez: -- ask questions -- Chair Sanchez: Sure. Commissioner Gonzalez: -- from the Commissioner? Vice Chair Spence -Jones: I have a few, too. Commissioner Gonzalez: I agree with you a hundred percent on the park issue. Even though I do have another concern -- and I'm sure that it is a concern -- when I express it, it's going to be the concern of many in this Commission, and it is the concern, as you said at the beginning of your presentation, that we're going to be facing serious cuts in the future, and next summer we're going to be facing the issue of social services and food for the seniors. Looking at the ordinance throughout this week and reading the ordinance and the different numbers and scenarios that you're presenting that-- and the Administration is going to present, what I had in mind was maybe -- because we know that once we get these slot machines in place, that is going to generate some income that we can use to surplus [sic] the cuts that we're going to have in the City ofMiami Page 85 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 seniors -- in the social service items at the Commission. And I was thinking that maybe -- and again, I say maybe, if there is a will of the Commission, we can reserve a small portion of this funding, for the next two years until we get the other funding accessible, you know -- get some funding of this money for two years to cover the cuts on social services for senior foods and for social services that we're going to be short on. That's something that been, you know, working on in my mind for this last entire week. Commissioner Sarnoff And Commissioner Gonzalez, I don't -- I have no problems -- I know that your concern has always been for the elderly, feeding the elderly and making sure the elderly, who've spent all their lives or most of their lives in the City ofMiami, that they have peace, respect, and honor, and they have enough food, as well, and that's an important part. Commissioner Gonzalez: And once again, I'm talking about something that will be temporary, for two years, and then the entire amount will go to parks because I agree with you a hundred percent. We need more and better parks in the City, so you know -- Commissioner Sarnoff I'm not suggesting the entire -- Commissioner Gonzalez: -- I'm all in favor. Commissioner Sarnoff -- amount should go to the parks. I'm actually suggesting and -- that we put 50 percent towards cultural facilities. We have a very small cultural budget. Everything we look to, we look to the County. We don't -- Commissioner Gonzalez: No. That's what meant. Commissioner Sarnoff Right. Commissioner Gonzalez: That's what meant, 50 percent. Commissioner Sarnoff So let me just close -- Vice Chair Spence -Jones: I -- can I --? You -- Chair Sanchez: You're recognized. Vice Chair Spence -Jones: Okay. I just do have a couple questions, Commissioner Sarnoff so thatl have clarity on it. There's a few things on this sheet and a few statements that you made that want to just have clarity on. The first one on the sheet, when I looked across the sheet, the thing that pops out for me the most is background check. As you start going down the whole list, that was one of the items that you skipped over. So can you tell me what does that mean when you say background check? Commissioner Sarnoff Sure. You see if you're dealing with -- what are the backgrounds of the mural people you're dealing with. Vice Chair Spence -Jones: Okay. Just give me an example. What do you mean? So if it -- Commissioner Sarnoff Well, are they -- do they have felonies? Are they convicted felons? Are they -- you know, things like that. Vice Chair Spence -Jones: So if they're convicted felons and turn their life around -- I just want to be clear -- and they have a successful company, then we should not be dealing with them? Commissioner Sarnoff No. I think you should know about it. City ofMiami Page 86 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: Okay. Commissioner Sarnoff I'm not saying -- that's a decision that could be made -- Vice Chair Spence -Jones: I just wanted to understand the -- Commissioner Sarnoff -- at an administrative level. Vice Chair Spence -Jones: -- back -- I didn't understand how it -- how that dealt with it, but you've answered the question, and I just wanted to be clear. Then I wanted to ask you this other question. You mentioned something about $6 million; that you guys have been working on putting together a whole outline of you know, cases that have been either closed or open, and what your research has found is $6 million, which could be floating out there, when actually the City has found $2.4 million. So my question becomes, for the Administration, really is how were we so far off? Like, how do we miss $4 million? Commissioner Sarnoff Lack of enforcement. Vice Chair Spence -Jones: Oh, so -- Commissioner Sarnoff Lack of enforcement -- Vice Chair Spence -Jones: Okay. Can I --? I just want to ask -- Pedro G. Hernandez (City Manager): Commissioner -- Vice Chair Spence -Jones: -- Mr. Manager, how were we so off of --? I mean -- Mr. Hernandez: I'm not saying -- Vice Chair Spence -Jones: -- $4 million is a big hole. Mr. Hernandez: -- my position is that we're not off period. Vice Chair Spence -Jones: Your -- Mr. Hernandez: It's an allegation that we're off. It would have to be proven, and there may be a lot of -- Vice Chair Spence -Jones: An allegation. Mr. Hernandez: -- speculation as of that. Vice Chair Spence -Jones: Another alle -- okay, an allegation. Commissioner Sarnoff Correct. Mr. Hernandez: Total fines is 2.4. Vice Chair Spence -Jones: I just wanted to be clear. I was just -- Chair Sanchez: You can only -- Vice Chair Spence -Jones: -- asking -- City ofMiami Page 87 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Chair Sanchez: -- speak one at a time. You heard it fi^om the City Clerk. Vice Chair Spence -Jones: No problem. So, I'm sorry. Excuse me, Commissioner Sarnoff but let me just get clarity. So it is an allegation that it's four -- additional $4 million is -- Mr. Hernandez: Right. Personally, I have not heard that before. It's something that would have to be proven and may be speculative, I don't know. The total fines that we have imposed through Code enforcement is 2.4 million, and we have collected $1,466, 000. Vice Chair Spence -Jones: Okay. So Commissioner Sarnoff, the $4 million, do you have a break -- your staff and your team was working on that. Do you have a breakdown of that $4 million? Commissioner Sarnoff No. We don't have a breakdown. What we did was we took all the murals and we did it -- 35 -- we've counted 35 illegal murals. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff If you just average what they, the City, has been fining them, which is between 150 and $250 a day, if you simply figure that out, that's 70 to 90, 000 per year; number of years, three years; it's $6 million. What I was saying to you, probably in a very inartful [sic] way, is that we have not been enforcing against these murals. And when we do enforce, Commissioner, we give them what I call a 29-day de facto permit. We give them a notice of violation -- and here's what you know. Here's why you get to go back to Boston; you get to go back to Indiana comfortably and say, well, I know I got 29 days to take down that mural. You take down the mural; you leave it down for two weeks, and what do you do then? You put up another one. And what do you get after that? Another 30-day notice of violation. Vice Chair Spence -Jones: Okay. IfI can -- if-- just, you know, before the whole hearing is over, ifI can actually get -- I'd like to see it, along with my staff how you guys came up with those numbers, and then I have two more questions, and then that would be it for me. The other one was -- and this is -- might be a Pete question. Again, I'm -- it doesn't matter to me one way or the other whether or not it's on government buildings or not, but I do want to have some clarity. If let's say, our MRC (Miami Riverside Center) building, for instance, that is downtown Miami, someone wanted to put a mural up on that building, would that still have to come in front of the City Commission, or the City Commission could make that decision or choice -- has to make that -- Mr. Hernandez: There would -- Vice Chair Spence -Jones: -- has to approve that? Mr. Hernandez: -- have to be at lease with a company that would be approved by the City Commission. Vice Chair Spence -Jones: So in other words -- I just want to be clear -- not even just in the County, but any government -owned building, the County would have to do the same thing, correct? Mr. Hernandez: You're -- that's right. Vice Chair Spence -Jones: So in other words, the -- regardless of whether or not, you know, we agree on this particular ordinance, it still would have to go in front of those legislative bodies to approve as to whether or not those murals go on those buildings, correct? City ofMiami Page 88 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Mr. Hernandez: You're totally correct. Vice Chair Spence -Jones: Okay, so there would be some -- Mr. Hernandez: There can be -- Vice Chair Spence -Jones: -- extra step before that -- we'd have like a whole bunch of buildings downtown with murals on them, correct? Mr. Hernandez: -- no indiscriminate installation of murals on a governmental -- Vice Chair Spence -Jones: Without approval of those -- Mr. Hernandez: -- building -- Vice Chair Spence -Jones: -- bodies. Mr. Hernandez: -- unless the government entity, the City, the County, was to approve it. Vice Chair Spence -Jones: Okay. That -- Commissioner Sarnoff Well, the City -- understand -- Vice Chair Spence -Jones: Sure. Commissioner Sarnoff -- Commissioner, there's the City, there's the County, there's the State, and there's the feds. Vice Chair Spence -Jones: Right. Commissioner Sarnoff We don't control any of those three entities. Vice Chair Spence -Jones: Right, but do they -- it -- do they have a --? I know the County has the same thing that we have. But, Mr. Manager, does the State and the federal government have -- do they have a process in which they have to go through in order to have those things approved? Mr. Hernandez: I'm not familiar with their process, but obviously -- Vice Chair Spence -Jones: I would like to have that answer. Mr. Hernandez: -- the State or the feds would have to approve it at some level. Vice Chair Spence -Jones: Okay. Mr. Hernandez: It's their building. Vice Chair Spence -Jones: All right. So I just want -- and then -- Mr. Hernandez: The owner of the building, whether it's private or governmental, would have to approve it. Vice Chair Spence -Jones: -- my last question -- and I just want to -- okay, no problem. I just want to be clear on it. I mean, I think it's -- first of all, I want to commend you, Commissioner Sarnoff, for taking out the time to really sit down and do a comparison. I mean, this shows that City ofMiami Page 89 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 you have a true commitment to making sure that, you know, we put a mural ordinance in place that makes sense for the whole entire city. I definitely agree with you on -- I have an issue, personally, with them going all the way down Biscayne Boulevard. I think that to have murals all lined up down Biscayne Boulevard is just -- I -- maybe the County thinks that's a great idea, but think it's a horrible idea. I'm glad to hear that you're open to Commissioner Gonzalez having it in his area by the hospitals. I think that's awesome. I'm glad to hear that you're open - - that it should happen around the Design District area because that's an area that think needs to be highlighted, so -- and I'm hearing that you don't have an issue with the, you know, downtown area and certain -- so I'm totally fine with it. I just wanted to understand or just have some clarity on if the County has already voted and approved -- correct? They vote -- already -- Did they vote and approve some -- this pilot -based project already? Mr. Hernandez: No. Commissioner Sarnoff They -- Mr. Hernandez: What they -- Commissioner Sarnoff Well, they're the -- Vice Chair Spence -Jones: I'm hearing a no and I'm hearing a yes. Commissioner Sarnoff -- enabling legislation. They're -- they control whether we can have murals, but we have to put a framework of rules and regulations in place. Vice Chair Spence -Jones: So they have voted -- Commissioner Sarnoff This is our framework. Vice Chair Spence -Jones: -- for some sort of mural -- Mr. Hernandez: They -- Vice Chair Spence -Jones: -- pilot project to happen? Mr. Hernandez: Commissioner, ifI may. The County, through a modification to their Code, has carved out a section in which we can then regulate the installation of murals. Vice Chair Spence -Jones: So we can then take that, what they framed or proposed, and we can carve out what we think makes sense for us. Mr. Hernandez: Well, within the geographic zone, within the zone that they have allowed. You can have a smaller zone, as long as you don't go beyond the boundaries that they set. Vice Chair Spence -Jones: Okay. So basically, today -- and I'm really repeating this loud enough so that the viewers at home understand what's going on and the folks sitting in here understand 'cause we know because we've been briefed, but think the listeners should -- or the viewers should also have the same understanding. So today what we need to do is carve out what makes sense for us? Mr. Hernandez: Right, and it cannot exceed what the County -- Vice Chair Spence -Jones: I know. Mr. Hernandez: -- has authorized. It can be -- the maximum would be what the County has City ofMiami Page 90 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 authorized or less. Vice Chair Spence -Jones: Okay. And that was really my other questions. You had other things in here, but I'll address it when the -- I guess the next group comes up, like the mesh. You mentioned covering windows. I definitely disagree with covering the windows, but my understanding is that there is a mesh -- there's an option to have mesh as a -- Commissioner Sarnoff Just imagine this though. I mean, what we do is we allow some covering of windows, but they allow any covering of windows -- Vice Chair Spence -Jones: Okay. Commissioner Sarnoff -- with any material. And can you imagine going to work everyday and having something over your window everyday? And if you're a single use building, meaning you own that whole building, yeah, maybe you have the right to do that, but if you're not -- you know, you're going to consistently and persistently be outvoted by either the owners of the building, if you're a tenant in a commercial application, or even if you're residential. And people say, you know what? I want to put a mural up on our entire building. I don't care if the floors 15, 16, 17 don't agree 'cause you know what? Floors 1 through 11 agree and floors 17 and 18 agrees, so there's going to be a mural. What if it only covers floors 12 through 16? Vice Chair Spence -Jones: Mr. Chairman, that was all my questions. Chair Sanchez: All right. Commissioner Regalado, you're recognized, and then we'll wrap it up. Commissioner Regalado: Thank you, and thank you, Commissioner, for the briefing. When I had the draft agenda, first question I ask is, who's going to brief me on Commissioner Sarnoff ordinance? The first answer at that time was, well, maybe Commissioner Sarnoffs office. And I said to them, no. That would be a violation of the Sunshine Law, and then the Manager came back and gave me some details, but not as much as you have provide now, so I really thank you very much. Twice in your presentation -- no, not twice -- three times in your presentation you have mentioned that this is what the Mayor wanted what you're talking about. Does this means that Mayor Manny Diaz support your ordinance? Commissioner Sarnoff Well, I don't know that. What I'm suggesting to you is this was -- all I did was look at the 2006 ordinance, which I know it was drafted by the Administration, and I took that ordinance and I enhanced it, and I used the boundaries that were found in that ordinance at that time. Commissioner Regalado: So you have met with the Administration, but not with the Mayor on this issue? Commissioner Sarnoff No, I have not. Commissioner Regalado: The Mayor is disengaged? Commissioner Sarnoff I have not met with him or -- in a strange way, I have really not met with our City Manager of any great extent. I guess I got my feathers ruffled, Commissioner, when I heard that my ordinance was being pulled, and I guess I got my feathers ruffled when I heard that a competing ordinance was now FR.1; I was FR.2, and the way I learned it was when I got my agenda because I walked out of a last meeting with Planning and Zoning believing that we had an agreement that would be amended, pretty much as I'm doing right now, on the floor, only to find out three days later that they had written their own ordinance. And what's troubling about it is the legal wording they're using, and I know sometimes you look to me, because I'm a lawyer -- the legal wording is troubling that they're using. City ofMiami Page 91 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: Commissioner Sarnoff, are you saying you did not meet with the Mayor? You didn't have a briefing with the Mayor on any of these items -- on this item? Commissioner Sarnoff No, no, not on the murals, no. We stayed -- we did not have any briefing on the murals. Chair Sanchez: All right. Commissioner Regalado: Mr. Manager -- I still have the floor. Mr. Manager, does the Mayor support your ordinance or Commissioner Sarnoff? Because I'm confused. He keeps saying that this is what the Mayor wanted all along. Mr. Hernandez: I think his reference is that three, four years ago, the Mayor was supporting a mural ordinance that was placed on an agenda for first reading; no action was taken because it was realized that it would be in violation of the County Code. So then the City requested the County to modify their Code to allow for the City to regulate murals within a certain section of the City ofMiami. The mural ordinance originally prepared sat dormant for quite some time and is the one that, in essence, Commissioner Sarnoff and the Administration have worked on, and this is what we have here today; more, I would say, advanced versions of the original one. Commissioner Regalado: You haven't answered my question. Chair Sanchez: All right. Mr. Hernandez: The answer to the question -- Commissioner Regalado: You have not -- Mr. Hernandez: I -- Commissioner Regalado: -- answered my question. I'm saying to you -- I'm asking which ordinance -- they're totally different. Either I'm crazy or -- Mr. Hernandez: I -- Commissioner Regalado: -- this is different. Which ordinance has the support of the Mayor? Mr. Hernandez: I think that he's somewhere in between. I think that he -- Commissioner Regalado: Well, how do you go -- how can we vote somewhere between today? Mr. Hernandez: Well, when I say somewhere in between, geographic zone -- Commissioner Regalado: I'm sorry? Mr. Hernandez: Geographic Zone. The one that the Administration is proffering is the maximum that the County is carved out or allowing. I don't think the Mayor is there. He's not supportive of going to that extreme. With reference to the number, his number at one point was 30 total. I think he would be willing to support 35, so it's -- I don't think that he's totally, a hundred percent supportive of the one the Administration is supporting, and I don't think that he's totally supportive of the Commissioner, so he's somewhere in between. Chair Sanchez: All right. Commissioner Regalado: So it's -- Commissioner, I still have the floor. So, to -- I'm confused. City ofMiami Page 92 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 I'm confused here because, you see, when we went to the country -- to the County to lobby for the global plan, the Mayor went, you went; Commissioner Sarnoff, Commissioner Sanchez went, so it was an effort for the City. Maybe it was important. So this is not as important for the City of Miami, so you don't know what is the position of the Mayor of the City ofMiami? Are you telling me that this is just to sides and no vision, no direction from the Mayor? Mr. Hernandez: The Mayor supports murals in the Central Business District, and he supports murals in the Design District and in the health district. Commissioner Regalado: But Mr. Manager, ifI have to vote today on either of the two, suppose, I would just like to know, you know, what the industry says, what the Commission says, what the Mayor says, what the Commissioner says, so what is wrong on not knowing? Mr. Hernandez: But I think I've given you -- Commissioner Regalado: Is it a mystery or what? Mr. Hernandez: No. I've given you information on geographic zone, on the number of murals -- Commissioner Regalado: Okay. Mr. Hernandez: -- on spacing. I can talk about spacing, any one of those criteriations [sic]. I can give you an idea as to what he supports. Commissioner Regalado: So he's in the middle. Okay, we know that. Commissioner, did you went to the County when they had this hearing about the mural ordinance? Commissioner Sarnoff I didn't, Commissioner, because it was Murals II that caught my attention. Murals I was -- when I got briefed when I first came here, which this started pretty much when I was first elected -- I was aware ofMurals I, and it wasn't troubling because I knew it was in the downtown urban core. I don't know if it was 30, 60 days later, they created Murals II. I wasn't aware that even Murals II was on the drawing board. Murals II, in case you're wondering, is the red part right there; it's the yellow plus the red, which is right there. So -- no, I didn't go down there 'cause I didn't know. And I would have gone down there. I would have suggested to them that, you know, I'm not sure that you want up and down Biscayne Boulevard or in my district, in the core, additional murals. I don't want them south of the river. Commissioner Regalado: The County did pass the mural ordinance like two months ago, right? Commissioner Sarnoff No, longer. Mr. Hernandez: No. Commissioner Sarnoff Longer. Mr. Hernandez: More than that, right? Maybe six months ago. Commissioner Sarnoff Maybe more. Commissioner Regalado: No. The most recent one that they -- Mr. Hernandez: Right. They had, as Commissioner Sarnoff refers to, I and II. Commissioner Regalado: Okay. City ofMiami Page 93 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Mr. Hernandez: They had the first one and then the amended version. Commissioner Regalado: Okay. The amended -- Mr. Hernandez: And it was probably -- Commissioner Regalado: -- version was -- Mr. Hernandez: -- May of '07. Commissioner Regalado: Two month [sic] ago? Mr. Hernandez: No. Commissioner Sarnoff No. I think it's longer, Commissioner. I think it's probably at least seven, eight -- maybe even longer than that. Mr. Hernandez: Yes. Six to seven months, eight months -- Commissioner Sarnoff Okay. Mr. Hernandez: -- in that range. Commissioner Regalado: The 45 and the area. Was anybody from the City at that hearing? Chair Sanchez: All right. While we do that, anyone else on any item pertaining to this? We'll probably going to be going through maybe 1:30, 2 o'clock on this, so if you have an item, we'll see you after lunch. You could go ahead and be back after lunch. Thank you. Go ahead. Orlando Toledo: Orlando Toledo, senior director of Building, Planning and Zoning. I was there as an ex -- I was there as an attendant, but that's pretty much the reason why I was there, just to see how that was going to go. Commissioner Regalado: But the Manager and yourself told me that no one from the City were there when they were discussing this, the drawing of the area, right? Mr. Toledo: When it went to, as the Commissioner has said, area two -- when they went to area two, we were not there. Commissioner Regalado: So nobody from the City was there? Vice Chair Spence -Jones: Mr. Chairman, I just -- I'm sorry -- have a quick question 'cause I just want to have clarity, Commissioner Sarnoff. Because I know that I've been briefed by the Manager and the Mayor -- we all have -- on several different issues, including this one. I just want to be very clear because Commissioner Sarnoff has put on the record that you guys have not -- he has not met with the Mayor regarding this issue at all. Is that true? Mr. Hernandez: Well, we have -- Vice Chair Spence -Jones: Straight answer, yes or no. Did -- have you guys met, the Mayor and the Manager and Commissioner Sarnoff, on this issue? Mr. Hernandez: We met on the agenda as a whole. Vice Chair Spence -Jones: Right. You met on the agenda, but did this discussion come up? This City ofMiami Page 94 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 is on the agenda, correct? Mr. Hernandez: This was briefly discussed. Vice Chair Spence -Jones: So I want to just understand, you know -- Commissioner Sarnoff, on the record, has said that he has not met with the Mayor on this item. Commissioner Sarnoff We've not had any kind of detailed discussion. Everybody -- Vice Chair Spence -Jones: But -- Commissioner Sarnoff -- is, I think -- Vice Chair Spence -Jones: -- let's just be clear, Commissioner Sarnoff, because in the beginning you said you had not had a discussion with the Mayor at all on this item -- Commissioner Sarnoff Right. We did not have -- Vice Chair Spence -Jones: -- so I was confused 'cause I know that we all have. Commissioner Sarnoff -- a substantive discussion. The Mayor -- Vice Chair Spence -Jones: But you did have a -- let's be clear, because the people watching it and the people sitting here need to know that you did have a discussion with the Manager present and the Mayor present on this item. Commissioner Sarnoff Yeah. They said FR.1 and FR.2 are on the agenda and it's about murals, and that's all we said. Vice Chair Spence -Jones: Mr. Manager -- Chair Sanchez: All right. Chair Spence -Jones: I mean, I don't want to put you on the spot. I know I'm putting you in a bad spot, butt mean, it's very important that when people say stuff on the record that it's real and it's true. Mr. Hernandez: Commissioner -- Vice Chair Spence -Jones: I mean, just by listening -- Mr. Hernandez: -- it was -- Vice Chair Spence -Jones: -- to Commissioner Sarnoff is like he never had a conversation with the Mayor, and he has. Commissioner Sarnoff Well, Commissioner, you're misconstruing. I -- he did mention murals were on the agenda. We did not go into a substantive discussion about it, and I didn't have a substantive discussion with the Manager about it. Mr. Hernandez: It was briefly discussed, never to the detail -- Vice Chair Spence -Jones: But it was discussed, and I think -- Mr. Hernandez: -- that it has been discussed today. City ofMiami Page 95 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: -- it's important to make sure that we understand that it was discussed. Sorry, Mr. -- Chair Sanchez: It's okay. Vice Chair Spence -Jones: -- Chairman. You now -- Commissioner Sarnoff Well, I just want to go on the record and say what was discussed. What was discussed -- Chair Sanchez: All right. Marc -- Commissioner Sarnoff -- is -- they said FR.1 is the City Administration's version and FR.2 is your version. And they said you'll discuss it on the record before the Commission, and that's all we discussed. Chair Sanchez: Marc, in conclusion -- are you --? Commissioner Sarnoff I'm done. Chair Sanchez: Oh, you're done? All right. Let me just take the opportunity, while we get the industry an opportunity -- Marc -- well, let me yield to the City Manager, and then I'll speak. Mr. City Manager, you're recognized. Mr. Hernandez: I do not need equal time. Chair Sanchez: No. I hope -- you're not going to get it. You're not going to get it either. Commissioner Gonzalez: Before closing, can I ask -- can I make another comment -- Chair Sanchez: Sure, make a comment. Commissioner Gonzalez: -- to Commissioner Sarnoff? Chair Sanchez: Marc, stay there. Commissioner Gonzalez: Commissioner. Chair Sanchez: Commissioner Sarnoff please. Commissioner Gonzalez: One question that I asked the Manager when he was briefing me was the fact that -- and we all know this, and I know it fi^om experience in my campaign, for example, I tried to buy some billboards, and there were billboards that I was charged from 1,500, others 2,500, others 5,000. And I loved one that I saw on the expressway; when I asked the price, they asked me $25, 000. We know that depending on the place of the murals, that's the amount of sales that that mural is going to generate to the company. So I believe that it is totally unfair that we assess the same price to every single mural. There has to be a definition. When I asked the Manager, the Manager asked me, well, can you determine? No, I'm not -- you know, we hire consultants here even to know how many ants walk around City Hall. Why don't we get a consulting company, you know, a marketing company that determine which positions are the one that really can generate 100 percent of sales or another 80 percent or another 50 percent, and according to that, set the price of the permits? But I believe that it's totally unfair that we assess the same cost of permit to every single mural no matter where they are because I know that a mural on I-95 is going to sell a lot more than a mural on Northwest 20th Street. So, you know, City ofMiami Page 96 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 that was another concern that I had in reference to the fees. Commissioner Sarnoff What I can tell you, Commissioner, is we had done a two -structure approach 'cause we wanted -- we knew that there would be valuable murals, we knew there would be less valuable murals. What we did do with the industry is invite them to give us whatever leases they have. I'm not aware of them accepting our invitation. We did ask a number of the lobbyists to say -- say to them, why don't you show us 10 or 20 buildings that you have to show us what kind of income you're bringing in. I mean, when somebody verbally comes to me and says this is 30 percent of my business, this is 20 percent of my business, that's a nice statement, but all I want to do is say you have any documents to back that up? So, with the mural companies, we said to them -- and I'm just not aware of them coming back and saying here are five blacked out -- 'cause I'm sure they don't want us to see where it is and who it is and I understand that, but here are five, six, seven, eight, ten -- the best one I've ever seen or the biggest one, I suspect, is the one on 50 Biscayne, which is -- if you go across the water, you can see it all the way from -- Commissioner Gonzalez: Right. Commissioner Sarnoff -- Miami Beach. That has to be an expensive mural. I would think that - Commissioner Gonzalez: Definitely. Commissioner Sarnoff -- that's worth a lot of money. Commissioner Gonzalez: I agree with you. Commissioner Sarnoff But I never got, that I know of -- and I don't want to misspeak if my office has -- I've never seen the lease agreements, and that's why we came up with a two -structure approach. You're right. We thought, in the central core, up and down Flagler Street -- I don't think those murals could be as valuable as a mural on Biscayne Boulevard, in the central core, certainly probably are not as valuable as the ones that would be seen on I-395, I-95, by you on the Dolphin. So, yeah, it becomes visibility. What the right number is, you know, I wish I knew. We've looked at other cities. We fried to figure out how the other cities do it. Until somebody comes to you, as opposed to saying I make this much on a mural, I want to see it, you know. I want to be like Missouri, show me. Commissioner Gonzalez: Right. Okay. Chair Sanchez: Commissioner Regalado, you're recognized, and then I'll wrap it up. Commissioner Regalado: Thank you very much, Mr. Chairman. I worked many years in marketing and media and advertising. I think that you and the Administration have presented figures, numbers for these murals that are too high for the industry. There are certain things here that I really want to say. Number one, the murals are the trend. You know, the Japanese invented the murals because they don't have space, and I have been in Tokyo many years ago, and murals were there even before we knew them here; and then Paris, and then Madrid, and then Rome and, you know, throughout the world, murals are a trend. Murals are billboards who are very easily placed, so -- and then there is the market. In New York, which is the number -one advertising market in the world, charge ten time [sic] less than we are planning to charge here for murals. And all the buildings or all the permits are occupied 12 months a year because it's a good investment for the industry. So I don't know if we can really believe the numbers that you and the Administration are telling us that we are going to make because I don't think many ad agencies will be able to pay so much to the City and lease the space. So -- and I told that to the Manager yesterday, and he said, minor details; we can work this out and, you know, the numbers City ofMiami Page 97 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 and -- but what is most important here it's not about aesthetics or income for the City, but it's also opportunity; opportunity for property owners to make good money and help them pay some of the property taxes, some of the -- fixing the building. So, in essence, what we are doing here tonight -- today is to give opportunity to 15, 25, 35 property owners within the City ofMiami to be able to have a reasonable good income in the next years. This is why I am really disappointed at the Administration, really disappointed at the lobbyists that wrote most of the ordinance in the County because they deny the possibility to one fifth of the area of the City of Miami to give the opportunity to one property owner to have a mural. When they draw that in the County, without the input of the City, maybe with the input of the lobbyists, they left out completely Disfrict 4. And I will tell you that it's all about eyes that see the advertising. And I will tell you that the corridors on Southwest 8th Street, Flagler, Coral Way, Northwest 7th Street, bring more people to the City ofMiami than any other corridor except I-95, and yet, the lobbying industry neglected one fifth of the City ofMiami at all. It denied the possibility of any property owner in Disfrict 4 to make some money. And at the same time, the City also forgot that we are only one city. You, yourself were very kind when you said to Commissioner Gonzalez, oh, you know, I'm willing to compromise and do this; to Commissioner Spence -Jones, I'm willing to compromise and do this in the district area; to Commissioner Sanchez, and this -- these things that have been drawn by the County and that you're willing to expand yours -- dust cover, four of the five districts, so I am really disappointed that we didn't, at the City level, thought at the County to include at least one corridor. It doesn't have to be the whole area, one corridor; Flagler, Southwest 8th Street. Mind you, if you want Northwest 7th Sfreet or whatever, because it would have been good for the industry; it would have been good for one or two or three property owners in the City. And the last word is, you know, if we think that the County did a favor by drawing a pilot program within the City ofMiami, either we are very naive or we don't know about advertising. The County did draw that area that they drew because the lobbyists understood that the City ofMiami is the center where everyone comes and what sells is number of people. When you go to statistics and you see that one million people are during the daytime in Brickell and in downtown Miami, this is what the industry want. When you hear the radio, the traffic report and you see gridlock on Southwest 8th Sfreet and Flagler and Coral Way and I-95 coming south, it's because people are coming to the City ofMiami. The County could have drawn a pilot program in Aventura, but they would have had the same captive audience every day. So this is not a favor to the City ofMiami. We are not lucky that the County choose us to do a pilot program. This is what the industry wanted; this is where the people are. Don't be fooled by nice words of the lobbyists. They didn't do a favor to us. They draw what the industry needed. What I'm very disappointed is that the City is not taking the opportunity of asking for different corridors and limiting the time. So, you know, Commissioner, you have done a lot of work and really admire what you've done. I think that you guys are wrong in the projections of money. I think that the projections that you all did was because you thought that the people that were in violation were paying and paying and paying and were gladly paying, and I think it was just a part of the people in the industry to see if they get this -- the foot in the door and get into Miami because, trust me, you cannot advertise in South Florida without advertising in the City of Miami because this is where all people went. Other than that, I am really disappointed to all the lobbyists that did the work in the County, that they really forgot a part of the City. I am really disappointed to the Administration that they did not fought [sic] for all the City. I thought that we were only -- that we were one City; we're not. We are two cities; one that gets the benefit and give the opportunity to some property owners; other that don't have it. Thank you. Chair Sanchez: All right. Marc, do you -- Commissioner Sarnoff And Mr. Chair -- Chair Sanchez: -- have anything to say? And -- Commissioner Sarnoff This is the last thing I wanted to say. You know, Commissioner Regalado, I mean, we had nothing to do with carving out where these would go. I'd be more City ofMiami Page 98 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 than glad to frade Biscayne Boulevard for any of the streets you've aforementioned. I'm not an advocate of murals. If it was up to me, we wouldn't have them, but it's obvious to me we're going to get them. And I just think we should do it in a cogent, regulated manner and in a pilot project. Once before, the City entered into an agreement with nine people and almost half of them didn't abide by it. Chair Sanchez: Marc, if you could just stay there and just -- as we close this, and then we'll allow the Adminisfration to present their presentation. First of all, Marc, let me take the -- Commissioner Sarnoff, let me take the opportunity to praise you and your staff for the presentation and the research that you've done on this ordinance. I'm glad to see that you are presenting an ordinance; the Administration is also presenting an ordinance. I think we've been at this now for almost three years with the ordinance issue. As a matter of fact, when this started three years ago, we started and then you had to go to the County, and then the County allowed us the opportunity to regulate our -- the industry. Now, I do agree with you on a couple of issues. One is the industry was out of control. There weren't regulations, okay. That was a big problem. It was the Wild Wild West when it came to murals. So based on the two ordinances that are in front of us that are being presented -- and I think you've made some very good points on some of the arguments, and I think it's important that all of us -- all the Commissioners here listen to the district Commissioner whose district most -- will probably have a lot of these murals. So the issue boils down to a policy issue; how we, whether we support your ordinance or whether we support the Administration's ordinance or we paste one to another with all the elements that are in there and we create our own, basically, ordinance that could be approved. But I think when we focus on this, one, it gives us an opportunity to regulate the industry. It allows us an opportunity to generate funds for the City, as we know that it is a tight budget session. We realize that. I mean, all you have to do is just read the paper or watch the news to know that Tallahassee is looking at further cuts. Today, you read in the paper where the School Board superintendent is possibly looking at laying off teachers. So, you know, the perfect storm is brewing out there. And this gives us an opportunity to review this and see how we could formulate something that's acceptable. So I want to thank you for you putting forth your points. I want to thank your staff for presenting with -- the presentation. And hopefully, now we'll get to hear the other side, and then, hopefully, you would come back up here and vote on what's best for this City, which is what we're here to do. So is the City Administration ready for their presentation? Once again, anyone else that's here, not on this -- this is going to be the last item that we'll take before we break for the executive session that we have. Is that -- that was properly advertised for 1:30, the shade meeting? Maria J. Chiaro (Assistant City Attorney): Yes. Chair Sanchez: Can we -- if we go past it, it's okay? Ms Chiaro: Yes. Chair Sanchez: Okay, so we will take that -- Ms. Chiaro: As long -- Chair Sanchez: -- up after this. Probably, we'll have a quick lunch. But is the Adminisfration ready? Mr. Hernandez: Mr. Chairman, Commissioners -- Chair Sanchez: All right. Let's go. And then we'll have -- Mr. Hernandez: -- first -- City ofMiami Page 99 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Chair Sanchez: -- the industry, and then we'll open it up to the public, and then it comes back to the Commission. Mr. Hernandez: First of all, I think it's important for us to clear that this is not the lobbyists' item or ordinance. If it was, I would like to see them raise their hands and say that they agree with the Administration as it is 100 percent. Let's see how many takers do I have. It all goes back to the origin, three, four years ago, of the desire of the City to have murals in the cenfral business district. They tried. At that time, the County would not allow it; it was in conflict -- in violation of County Code. They asked the County to provide an opportunity. The County, in essence, felt that the cenfral business district area of the City ofMiami was probably the most adequate and supportable, and even defendable, for a pilot. And it's very important that we're dealing with a pilot. This pilot and this window ends June 2009, so whatever we do here will end in 2009 and will be subject to the County Commission's extension of a program. That's very important. Also, it's important to mention that, in essence, I don't think that we're competing. I do respect Commissioner Sarnoffs, you know, work and ordinance. I think that it was important for us to put one forth for clarification and make it easier for the Commission, as a whole, to understand what we're dealing with. There is a basic policy question here today before you: Are you willing to accept murals in the City ofMiami? If you answer yes, then question number two will be the geographic zone. What zone? Central business district? Are you willing to accept the -- or add the Design District and the health district? The criteria. We have been very careful in developing a matrix because we felt that you needed to know what the County ordinance allows. We fried to pattern our ordinance more to what the County allows. In essence, as the Administration, we felt that we should be taking all the County allowed. And if they gave us the whole geographic zone, all of that, I would take all of that and then present it to you, and you could then reduce it, butt want to be with the maximum area possible. Something that's really important is the good standing clause that is in Commissioner Sarnoffs ordinance and also in ours. Any company to be able to participate in the process has to come clean, has to be in good standing; all murals have to be down for 45 days in advance of the lottery, and they have to be in full compliance with all Code enforcement violations. They must be all paid up. Chair Sanchez: And that's in both ordinances, correct? Mr. Hernandez: That's in both. Chair Sanchez: Okay. Mr. Hernandez: It's important to note that the turbulent times that we have had over the last two to three years in this mural business is because of the expectation that a mural ordinance was coming; that it was going to legalize the process; that it was going to allow for formal regulatory actions by the City and also enforcement, and that's the reason why those stipulated agreements were created. Issues such as the number of murals, the spacing, size, illumination are critical in shaping it. The issue of windows -- if we have a wall that has windows, all that we would allow under our ordinance is to cover one-third of that wall; it's not the complete wall. Yes, with respect to a blank wall, we don't have a minimum size. On the spacing, there is something very critical. The spacing that we propose is a spacing that is linear, like what the County proposes. In the Commissioner's ordinance, it talks about radial spacing requirements. When you have radial, you make it very difficult to actually place murals. I think that goes against -- it's even counter, I think, the County ordinance in that respect. Illumination. I think it's important to have illumination at least 'til midnight. That's one of the reasons that -- if you're going to accept murals, I think you got to have illumination. I'm going back to the point that this is a pilot. We can always go back and reassess the fees a year from now, once we become more experienced on the business of murals and what the companies do make and what the building owners charge. On monthly fees, I agree that maybe the 8,000 is high for some locations. It's good for some; it's not good for others. How you did we arrive at 8,000? It's basically derived from what the top choice locations are paying in fines today. They are paying about 90,000 a year, so that's 7,500, City ofMiami Page 100 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 so we chose 8,000, which is the average between what the Commissioner was proposing, ten on the outer zone and six on the inside. A flat fee is a lot easier to manage, but it may not be the best solution, as Commissioner Gonzalez mentioned. Maybe we have to search for a better way to assess it; maybe we have to go to a two-tier system. With that -- all of that actually said into the record, I know that the industry is going to place their argument where they have concerns with the whole ordinance, and I think that once you receive all that input that it would be wise to allow the Administration to go back and reevaluate all the comment, all the input today and come back with recommendations to you before you have a second reading; that's assuming that you approve it on first reading. I would like to allow a couple of minutes to Mr. Toledo to basically add or provide information on the displays that he's got before you that deal with the criteria matrix and the map. Orlando. Commissioner Sarnoff Mr. Chair, can I just say one thing? 'Cause -- Chair Sanchez: You're recognized. Commissioner Sarnoff I realize I asked to have this started now, butt was scheduled to have a press conference on assault rifles at noon. I think -- well, I think you're going to be going for the better part of an hour, if we continue at this rate. I'm just asking that we adjourn this; bring it back up right after lunch. I think assault rifles is a very important issue. We had a -- very recently, had an officer killed. We're going to break for lunch at some point, whether we break at 1 o'clock or we break now. They'll come back; they're the industry; they're extremely interested. I'm asking that we just break for lunch now. Mr. Hernandez: Commissioner, could you at least allow Orlando to finish, give him two minutes so we at least complete this portion, if you desire to stop? Chair Sanchez: You know, with all due respect -- I mean, you have a press conference. I don't want you to miss your press conference but, you know, we got to -- you know, I want to try to help you out, Commissioner, but it's -- your staff asking for time certain. I mean, at times I feel that your office, with all due respect, is hijacking this agenda. I want to work with you, but you were the one -- I asked you at 11 o'clock, do you want to proceed with the murals? You said yes. I said, why don't we bring it after 2 o'clock? Let's do it now. We're doing it now, and now with a presentation, where we have Commissioners here, we're going to have to stop the meeting to please you. I mean, I don't mind doing it, but I want to -- Commissioner Sarnoff Well -- Chair Sanchez: -- be able to work with you, you need to -- Commissioner Sarnoff -- I understand. Chair Sanchez: -- work with the Chair. Commissioner Sarnoff I don't know that you're necessarily pleasing me. I mean, you'd be pleasing what I think is a laudable purpose, which is to hopefully do away with assault rifles, but we would be breaking -- Chair Sanchez: I support you on the assault rifle. Commissioner Sarnoff Okay. Chair Sanchez: Don't get into that. I mean, it's like -- Commissioner Sarnoff But we would be breaking for a lunch at some point. I'm just suggesting City ofMiami Page 101 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 break for lunch now and let them present their agenda right after. Chair Sanchez: What is the wish of this Commission? I mean, I'm -- What is the wish of this Commission? Vice Chair Spence -Jones: I'm fine with breaking for now. I mean, I don't have an issue with it. Commissioner Gonzalez: I don't have an issue with it. Chair Sanchez: All right. Well, listen, we'll recess for how long, Commissioner? Commissioner Sarnoff For -- it's a lunch break. Whatever you take for lunch, we'll come back. Vice Chair Spence -Jones: Can we do it --? Chair Sanchez: No. How much would you like to take for lunch? Commissioner Sarnoff One hour. I'm a one -hour guy. Chair Sanchez: We'll take an hour. Vice Chair Spence -Jones: Can we do it in an hour? Mr. Hernandez: Mr. Chairman, could you allow -- Vice Chair Spence -Jones: And then we have -- Mr. Hernandez: -- Orlando to finish, just so we can --? Chair Sanchez: Yeah. Well, he's going to have to come back, and we'll continue the order of the day, which will be -- the Administration will proceed, then we'll have the industry come up and give their advice or give their presentation. Then we'll allow it to the public, and then we'll continue. But this is -- this item will be the first item. Well, we have -- also have the shade meeting. I mean, how do we handle the shade meeting? 1 o'clock? Can -- Priscilla A. Thompson (City Clerk): 1:30. Chair Sanchez: -- is that going to -- Ms. Chiaro: You -- Chair Sanchez: -- interrupt your press conference? Ms. Chiaro: Excuse me -- Commissioner Sarnoff No, it won't. I'll be done. Ms. Chiaro: --Mr. Chair. Commissioner Gonzalez: It was advertised for 1:30, so it has to -- Vice Chair Spence -Jones: Yeah. Commissioner Gonzalez: -- be 1:30. City ofMiami Page 102 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Ms. Thompson: Yes. Ms. Chiaro: You can't do the executive session before 1:30. Chair Sanchez: I'm just saying, we could do it at 1:30 or after 1:30 -- Ms. Chairo: Yes, sir. Chair Sanchez: -- correct? Vice Chair Spence -Jones: So what time we come back? Chair Sanchez: All right. Well come back for 1:30; we'll do the executive session, and then we'll come back to the Commission for this item. All right. The City ofMiami Commission stands in recess. "[Later...]" Chair Sanchez: Before we do that, let's go ahead and continue the procedure for the murals. That'll be the item that'll be taken up next. Whatl would ask is that the Administration be ready to proceed with their presentation. Then we'll allow the industry, and then we'll open it up to the public, so the first item that'll be taken up will be the murals. Chair Sanchez: Let's go ahead and start with the Administration's presentation of the mural ordinance. Mr. Hernandez: Mr. Chairman, I think that we left off when Orlando Toledo was going to take a couple of minutes just to go over the matrix indicating the comparison between the County, Commissioner Sarnoffs, and the Administration's ordinance, and he's got a couple of other boards that he wanted to present. Orlando. Chair Sanchez: All right. Orlando Toledo: Orlando Toledo, senior director of Building, Planning and Zoning. I'm just going to give you a small overview of what the Manager had discussed. When this went to the County back in -- three years ago, the County went back and did approve 45 murals in an area which I have depicted as the City ofMiami mural boundaries. Chair Sanchez: All right. Mr. Toledo: In addition, it also gave us the ability on issues regarding spacing, which is 300 feet between murals and the same side of the street; 300 feet from R-1, and 100 feet from any nonconforming properties. In regards to the blank walls, we went ahead and we looked at it, and it goes with no percentage on blank walls and 33 percent of walls which are covering windows. In addition, illumination, we went with from 6 to 12, same as what the County had proposed. As of revenue, we went ahead and we divided it into a third that will go to arts and entertainment and two-thirds that will go to park acquisition, maintenance and tree planting. And as the Manager prior said, this ordinance does sunset in June of 2009. In regards to the map that have in front of me, what did was I -- we went ahead and we created -- or we went and put down every single residential multifamily building that is in the area. And depicted by the circles is the so-called 300 foot radiuses in a way, and I say in a way because -- because of the fact that you need to survey each of these properties, there was really no way that could say from what corner to what corner, so what did was -- we went ahead and we picked the center of the property, which is R-4 or multifamily, and we went ahead and we put circles on them depicting the 300 feet. And that's what you have here. If you have any questions, just let me know. City ofMiami Page 103 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Chair Sanchez: All right. Are there any questions from the Commission? Let's wait for the questions. Are you done with your presentation? Mr. Toledo: Let me -- Chair Sanchez: Why don't you walk us through in comparison and put anything on the record that you may want to put based on your ordinance. Mr. Toledo: Just to carry you through what the County ordinance approved back about a year and a half ago, a year ago, the graphic boundaries is the same one that you see with what we've proposed. The number of murals; the County said 45; the Administration is saying 35, and Commissioner Sarnoff is saying 15. In regards to the spacing requirements, we went the same as the County, except for the fact that we said that it needed to be 300 feet away from single-family residence and that County had suggested it should only be 200. With Commissioner Sarnoffs ordinance, it's 300 feet radius on multifamily. Any billboard or any other murals, 150 feet radius below Northeast 3rd Street, and 500 feet radius from R-1, 100 feet radius from nonconforming, same as ours. Commissioner Sarnoff Orlando, do you keep a mural free zone around the $650 million PAC? Mr. Toledo: No, we don't. Chair Sanchez: All right. Mr. Toledo: Illumination, we went, again, the same as the County, of 6 p.m. to midnight. With Commissioner Sarnoff, no illumination. In regards to mural sizes, the County never gave us any numbers. We went with total blank walls and 33 percent of what was covered window wise. With commercial messages -- Chair Sanchez: Wait, wait. The County gave you no specific on size, correct? Mr. Toledo: Right. Chair Sanchez: The Administration -- the entire wall or up to 33 percent, correct? Mr. Toledo: Thirty-three percent for windows -- Chair Sanchez: Right. Mr. Toledo: -- and the total blank wall is covered. Chair Sanchez: And then Commissioner Sarnoffs ordinance is 750 -- Mr. Toledo: Seven hundred and fifty square feet or -- Chair Sanchez: -- square feet or 33 percent; max, 2,000 square feet? Mr. Toledo: Exactly. Chair Sanchez: Okay. Mr. Toledo: As of commercial message, the County never gave us a number. We went with 20 percent; Commissioner Sarnoffwent with 10. In regards to monthly fees, we said $8, 000 monthly, and Commissioner Sarnoff broke it down into two zones, 10,000, 6,000; and we just City ofMiami Page 104 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 thought it was going to be a nightmare to be able to justify what was 6,000 and what was 10,000, and that's the -- Chair Sanchez: All right. Mr. Toledo: -- reason why we went with a straight number. In regards to ownership, minimum leases and experience, the County never mentioned anything. We went with five percent of ownership of entity; Commissioner Sarnoff went with two. Minimum of leases, we went with five; Commissioner Sarnoff went with three. We went with ten years' experience with $2 million of revenue, and Commissioner Sarnoff went with three years experience, $2 million of revenue. Chair Sanchez: All right. I have a question pertaining to Legal. Are both ordinances in compliance with the County requirements? Ms. Chiaro: Yes, generally speaking. This is -- Chair Sanchez: Okay. Ms. Chiaro: -- what is required under the County ordinance. Chair Sanchez: All right. Okay. Mr. Toledo: Okay. Just to speak a little bit regarding the actual projected additional support for arts and entertainment and the actual trust park acquisition, maintenance, and tree planting. When you break out the numbers, 35 murals at 8,000 will give you 96,000 per mural, which is about $3.36 million. The change of copy is 2,500. The average that we have seen that changes is five times. Regarding 35 murals, you're looking at an additional 44,000 -- 437, 500. In the total package, 3.79 -- 75 hundred -- million. Chair Sanchez: All right. Wow. Commissioner Gonzalez: I have a question. Vice Chair Spence -Jones: I have a question. I'm sorry. Commissioner Gonzalez: No. Go ahead. Vice Chair Spence -Jones: I just wanted to ask, Orlando -- I know that it's been stated backwards and forward regarding this issue of how long the City's been dealing with this mural ordinance. How long have -- has the department actually been working on this ordinance? Mr. Toledo: This came to City Commission for first reading on 4/28/2005. Vice Chair Spence -Jones: '05? Mr. Toledo: '05. Chair Sanchez: Okay. Mr. Toledo: That's when we started dealing with it, and we've continued to deal with it. We have met a bunch of times with Commissioner Sarnoff; we have met with the City attorneys. Yeah, it's been for a while. Vice Chair Spence -Jones: Okay, so since '05, you've been working on itfrom a City's perspective, right? City ofMiami Page 105 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Mr. Toledo: On and off yes. Vice Chair Spence -Jones: And I know that I remember us having a meeting and Commissioner Sarnoff bringing this up as an issue, and at that point, the Commission directed for you guys to at least sit down and work through it. What happened after that meeting? I'm just curious. Did you -- were you able to at least come to -- I mean, I see some of the things -- there's some sort of compromises on -- I mean, what happened after that meeting? I mean, were you -- with the -- Commissioner Sarnoffs office -- able to sit down and meet with them and go through -- Mr. Toledo: Oh, absolutely. Vice Chair Spence -Jones: -- all of his issues and -- Mr. Toledo: Absolutely. Vice Chair Spence -Jones: -- his concerns? Mr. Toledo: And that's the reason -- Vice Chair Spence -Jones: About how many meetings do you think you guys had? I'm just curious. Mr. Toledo: Five, seven. Commissioner Sarnoff More than that. Mr. Toledo: Yeah. Vice Chair Spence -Jones: Five or seven? And -- Mr. Toledo: And we just couldn't really arrive at a middle ground. Vice Chair Spence -Jones: Okay. Mr. Toledo: And again, like the Commissioner said in what he's already put on the record, without a doubt, all his suggestions are things that we will look at, and I think they're good. Vice Chair Spence -Jones: Okay. But you just recommended something different? Mr. Toledo: Um -hum. Vice Chair Spence -Jones: Okay. I just wanted to make sure that you put that on the record because I wanted to be clear. Commissioner Sarnoff And -- Commissioner Gonzalez: I do have a question. Chair Sanchez: All right. Questions -- you want to -- let's do the questions now. Commissioner Sarnoff Commissioner Gonzalez. Chair Sanchez: Commissioner -- City ofMiami Page 106 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Sarnoff Yeah. Let me just say -- Chair Sanchez: -- Sarnoff. Commissioner Sarnoff One thing that we don't have in common is we don't count a mural -- an artistic mural. In other words, we don't count that as part of the 25; you do. Hr. Toledo: No, neither do we. Commissioner Sarnoff You stopped? Hr. Toledo: Yeah. We don't count art. Commissioner Sarnoff As of when, today? Hr. Toledo: Art is art. Commissioner Sarnoff Okay. Commissioner Regalado: You -- Commissioner Gonzalez: The $3.7 million figure that you referred to is based on the $10, 000 fee charge or --? Hr. Toledo: No, Commissioners. It's based on the $8, 000 fee charge. Commissioner Gonzalez: On the $8, 000. Commissioner Regalado: Chairman. Commissioner Gonzalez: All right. And did you agree to the fact that not every location is going to produce the same type of revenue to the companies that are going to be paying these fees? Hr. Toledo: We actually have looked at that. We know that there's areas in which it ain't going to bring the -- as much money as the other areas. The biggest question is the determination, and that will be done through maybe surveying all the city. The determination of what is considered band A and what is considered band B. Commissioner Gonzalez: Okay. Because I hear that we collect in fines -- how much is it, 97 -- $92, 000 a year for the illegal murals? Hr. Hernandez: It's about 90,000, $90, 000 a year -- Commissioner Gonzalez: Okay. That's -- Hr. Hernandez: -- from the -- Commissioner Gonzalez: -- what we -- Hr. Hernandez: -- choice locations. Commissioner Gonzalez: -- fine the companies with, but how much do we, in fact, collect? That's my question. Because I remember there was a hearing last week or the week before, and the company had been fined $250, 000, and the first mitigation, I think it was for 5,000. City ofMiami Page 107 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Sarnoff Fifty thousand they got reduced. Commissioner Gonzalez: Fifty thousand. Commissioner Sarnoff They were reduced about 200 plus thousand to 50,000. Commissioner Gonzalez: So, you know, I mean, we can fine people as much as we can, but if we don't collect the money, you know, we don't serve the purpose. Mr. Hernandez: Commissioner, but I do have -- ifI may, we do have five companies that have had stipulated agreements that, in the year -- from 10/01/06 to 9/30/07, they all paid $91, 250, five companies. Commissioner Gonzalez: My point is that, you know, I think we're going to have a mural ordinance today, either your version of it or the Administration version, but we're going to have one. As you spoke earlier this morning -- and I believe all of us agree with that -- we have to start looking at new revenue sources because cuts are going to continue to come down on us. And at the same time, we don't want to do something that will kill the industry and, you know, then we'll say, yeah, let's approve the murals, and then there will be no company that will be able to have the mural up because they won't make enough money; might as well say, you know, let's go somewhere else, to another city. And I'm -- I got -- I just got some information here that the billboards, they pay $50, 000 for life, is that correct? Mr. Toledo: Yes, it is. Commissioner Gonzalez: How much do they pay? Do they pay any additional monies to the City a month? Mr. Toledo: There's an annual fee that gets paid. They pay $50,000 a month. And you got to remember, those were agreements -- Commissioner Gonzalez: Fifty thousand dollars a month? Mr. Toledo: I'm sorry, a year. Fifty thousand dollars -- Commissioner Gonzalez: A year. Mr. Toledo: -- a year. Commissioner Gonzalez: A year or for -- Mr. Toledo: Year. Commissioner Gonzalez: -- life? Mr. Toledo: It's a one-time fee; life. Commissioner Gonzalez: It's a one-time fee. Mr. Toledo: One-time fee. Commissioner Gonzalez: One-time fee. That's all they have to pay? Mr. Toledo: Yes. City ofMiami Page 108 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Gonzalez: And some of these billboards, they collect from their clients up to $25, 000 a month. Mr. Toledo: Yes. Commissioner Gonzalez: All right. So -- Chair Sanchez: Good point. Commissioner Gonzalez: -- I mean, we need to compare what, you know, we're doing. Chair Sanchez: Why don't we do something? Let's continue with the presentation. Are you done with your presentation? Mr. Toledo: I'm done. Commissioner Gonzalez: He's done with it. Chair Sanchez: All right. Let's have the industry, and then -- Commissioner Regalado: Chairman. Chair Sanchez: Yes, sir. You're recognized -- Commissioner Regalado: I have some questions. Chair Sanchez: -- for the record. Commissioner Regalado: So who's going to decide which is cheaper and which is more expensive, the City or the market? Mr. Toledo: Presently, the City. Commissioner Regalado: Okay. How do you decide which area is better than another area? Suppose that a company or an ad agency wants to target a specific audience and they need that specific area, how do we know -- advertising is market driven, not regulations driven, so how do we know what site is better? Is it much better because more rich people drive by this site than -- or poor people drive on south -- on Northwest 20th Street and rich people drive on Flagler? How do we decide that? I mean, do you do it by counting cars and people on foot? Mr. Toledo: No. The industry actually will decide that because that's part of -- Commissioner Regalado: Well, that's what lsaid, and you said the City would -- Mr. Toledo: No, no. Commissioner Regalado: -- decide. Mr. Toledo: I mean, the City will because now we will be finally controlling it, but the industry would actually be deciding that because that's part of the application that needs to be submitted Commissioner Regalado: Yeah, yeah, but -- City ofMiami Page 109 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Mr. Toledo: -- and it's part of the lottery. Commissioner Regalado: -- Orlando, what I'm frying to understand is, what is -- well, we want to regulate. I think -- and I said it from the beginning and Commissioner Gonzalez also said it -- that if this is about money and we want a sure revenue stream, the figures that you and Commissioner Sarnoff are presented are figures that will not be any good for the industry because they will not make money; they will not be able to pay the property owner, you know, all that thing. So you can -- your projections in terms of those fees are not realistic. They're based on the fine that these people are paying -- I don't know why; guess -- I guess that they were waiting for the chance to keep their place. So my concern is that you can approve whatever you want. You can approve $20, 000 a day, but that doesn't mean that the market is going to go and buy it. It will -- you will have a blank thing. The other thing is, who decides the sites? A lottery; that's what we are being told. But the question is, well, who participates? Does the members of the industry say, I like City Hall, and then that building goes into the lottery, or does the property owners participate? Commissioner Sarnoff No. Mr. Toledo: No. The company needs to have five leases to play. Commissioner Regalado: The company what? Mr. Toledo: The company who comes in -- as part of what they are asking for in the lottery is that they would have to come in with five leases, five guaranteed leases that they have secured five walls. And as part of the lottery, then each of these companies will obtain, hopefully, a wall; maybe two walls. It's really -- we won't know that until we understand or we see how many companies are actually wanting to play in the lottery. Commissioner Regalado: So there could be 200 leases and then a lottery -- Chair Sanchez: No. Mr. Toledo: Yes. Commissioner Regalado: -- and it would be selected. Mr. Toledo: Thirty -- it will be -- exactly, 35 walls will be issued under those 200 leases, period. Chair Sanchez: All right. Listen, we -- Commissioner Regalado: The other thing is, what guarantee we have in the City that other commercial corridors, on the west of the City, for instance, or north on the City will be able to participate? Because I am sure that many in the industry would like to have any -- in the 7th Avenue corridor or the Southwest 8th Street corridor, or the 17th Avenue corridor, so what is the guarantee? The guarantee is that we need to wait for the County to just throw another bone to the City and let them expand the boundaries? Mr. Hernandez: Commissioner, I think that we all have to understand that this is a one-year pilot, and we'll be able to assess how it works. With respect to the fees, we can reassess the fees if we feel that they don't work well in that first year. With respect to the zone, it's something that, depending on how this works, we may go back to the County and ask for expansions. The City Commission may decide, well, there may be corridors that we want the County to add, or maybe the Commission says no. The Commission may say we have too much right now. Commissioner Regalado: Yeah, but the pilot program doesn't necessarily needs to be expanded City ofMiami Page 110 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 in Miami. They can adopt a pilot program for Kendall, Aventura, because this is countywide. Is that correct? Mr. Hernandez: Well, it's not. The County has looked at the totality of its territory, of Miami -Dade County, and has only carved out that window for, let's say, the expanded central business district, including the Design District and the health district, and that's the only area in Miami -Dade County where you can actually -- Commissioner Regalado: I understand -- Mr. Hernandez: -- place a mural. Commissioner Regalado: -- that, but that's a pilot program. Mr. Hernandez: Yes. Commissioner Regalado: One year. After one year, they will look again if they decide in other areas of the County. Is that correct? Mr. Hernandez: The County would have to then review it, and in June of '09, extend the program or modify the program and extend it, if they so decide. Commissioner Regalado: Or they can do it in other areas? Mr. Hernandez: They could. Chair Sanchez: All right. Once again, this is -- we could address -- we're the policymakers. The variations, we could address all the variations that are presented, whether it's number of murals, the illumination, the fines, the payments, and we could always direct the City Manager -- this is a pilot program, once again, 2009, June; you could come back and maybe do some studies as to comparables with other fees throughout the United States and then come back on second reading with some recommendations as to that. That's always that avenue that we could take. So let's go ahead and continue with this. At the end -- look, there's two ordinances that are in front of us. We will make a decision at the end based on which ordinance you want to go with, or do you want to go with one and make some amendments to it? That'll be up to this legislative body to decide. So let's go and have the industry come up and address this. Once again, I want to make sure that if you are a registered lobbyist and you're going to be speaking in front of the Commission and you're not registered, you need to pay up your $600 to address this Commission. All right. And then we will open it up to the public. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 BrickellAvenue. I'm here joined by Iris Escarra from my office, and we are excited to be here today on first reading of this mural ordinance. This has been an industry -initiated ordinance that started in April of 2005, which was passed on first reading. And I want to make sure that you all know this is an industry -supported regulation because the lack of regulation in the City ofMiami is bad for the industry; it gives us a black eye, and it's bad for the City as well. So we support regulation; we have since 2005. And as you recall in 2005, immediately after you passed your first reading, that's when the County said, hey, you know, we have -- you're illegal according to our County ordinance, and we've been waiting ever since then for the County to pass an ordinance in order to enable you to pass the regulation. Historically, in Miami, this is sort of a new industry in the City ofMiami, butl kind of wanted to follow along with what Commissioner Regalado showed this morning, and here are some urban landscapes from around the world. You see here we have Times Square, Piccadilly Circus, Shanghai, in China, Tokyo, Japan, London, Madrid. And I just wanted to point out the Madrid, Spain one, where you have a mural on top of windows, covering windows, but the people inside the City ofMiami Page 111 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 buildings can actually see out, and it's a very kind of transparent mural. We have on London, England, a -- on top of a church. We have a wraparound, and here's what it looks like at night. It sort of enlivens your city. Down at the bottom, you see Madrid, Spain, where you have it on a church; a wraparound with the Mont Blanc in Florence, Italy; Sidney, Australia, and Vancouver, and here we have in the City ofMiami for your last Super Bowl. And I also wanted to point out that these urban landscapes are not new to the City ofMiami. They've actually been here since the '30s, '40s and '50s. Back in 1962, adjacent to the courthouse, you'll see a wall mural on the building. This is actually on Biscayne Boulevard. I'm not sure where that one was. And of course, there is the very famous Coppertone sign. This is actually at Biscayne and 11 th Street. You see three or four outdoor advertising signs, advertising Pan American liquor, whiskey. This is at 13th and Biscayne Boulevard. This is at 12th and Biscayne Boulevard, Budweiser; and this is at 12th and Biscayne again, going in the opposite direction; again, next to the courthouse, a wall sign. Again on Biscayne Boulevard and loth Street; 14th and 2ndAvenue, you can see a Coca-Cola wall sign. So it's not like the urban core hasn't had murals for a very long period of time. So we're here supportive of the Administration's ordinance on first reading. We'd like to note, however -- just like the Manager said -- there are some things about this ordinance that we disagree with, and that primarily deals with signage -- I mean, excuse me, not signage, but fees, as well as timing. In connection with the fees, I just want to kind of read to you all the fees that this ordinance has. The ordinance that the Adminisfration proposes, a, first of all, nonrefundable administration fee of $500, a nonrefundable regulatory fee of $500, an annual renewal fee of $10, 000, a prequalification fee of 10 to $30,000, depending on whether or not you already had a sign up for the last five years; for each mural, $96, 000, insurance of a million dollars. That -- excuse me, that's not insurance. That's -- insurance of $3 million, a bond of a million dollars, and that bond of a million dollars is -- that's in case you had to take down the sign if, in fact, we didn't do it. You have recurring administrative fees for a change of copy of anywhere from 500 to $2,500. So these are extraordinary fees. We don't think that the industry can support these fees, and from what -- I think it's just too prohibitive for other than a few signs in downtown. And I think that Commissioner Regalado and Commissioner Gonzalez recognize that and maybe even, I think, Chairman Sanchez. But here's what the Adminisfration did. They took the stipulated settlements of those five or six signs and concluded that from that stipulated settlement that's how much the industry can support. But remember, this stipulated settlement took place the -- April 2005, we passed the ordinance on first reading. We entered into the stipulated settlement thinking that the ordinance would take effect two months later, and in fact, it's taken three years later. We never anticipated paying $250 a day for three years. So that's how you came to that number, but the industry simply can't support it. So what we would ask is the -- to work with the Adminisfration on some cleanup language, as well as the fees, and to come in line with the industry standards. We are very happy to be here today, again, We do support the ordinance on first reading and look forward to working with your Administration. Chair Sanchez: Thank you. Any questions? Next speaker. Manny Prieguez: Good afternoon, Commissioners. Manny Prieguez, 4000 Malaga Avenue, Coconut Grove, Florida. I am here representing Capitol Outdoor, a mural outdoor advertising company from Washington, D.C. And just as a quick reference, I don't believe that there are any mural companies based or born in Miami, Florida, so that's why you happen to see a lot of folks from other parts of the country. As Lucia very eloquently pointed out, we've been at this process for a very long time. And I also have to point out -- and this is in reference to some of the remarks that were made earlier by Commissioner Sarnoff -- you know, although there have been some companies that have put up illegal signs, there are others that have not put up illegal signs, and I think that needs to be mentioned. Having said that, I think that we need to move forward. Whether the companies have put up illegal signs or not, we are now in a posture to create a partnership with the City ofMiami. And really do feel thatfrom the City; I feel thatfrom the Administration; I feel that from the elected officials. Everybody has sort of come to the conclusion that this is going to happen, so if it's going to happen, let's work as partners to make this successful. By the way, happy Valentine's Day to you, Commissioner Spence -Jones, and to City ofMiami Page 112 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 all the lovely ladies in the City ofMiami. Commissioner Sarnoff Well, what about us guys? Mr. Prieguez: You see, she jogged my memory it was Valentine's Day when she very graciously came in. Thank you. No, nothing for the guys. Anyway, I believe -- having heard all of the presentations that we've heard, both from Commissioner Sarnoff and his ordinance, also comprising some of the concessions that he has made and the adminisfative's -- Administration's ordinance, I really don't think that we're that far apart. I really don't think that we're not so far apart that, during a month of really hard, tough work, we can't get something accomplished that will be to the benefit of everyone. You know, I plead to the City ofMiami don't kill the goose that can lay some golden eggs for all of you. And I think that there is a happy medium. There is a way of making this work for everyone. Of course, the issues with the fees is something that Lucia pointed out to, and that, obviously, is a grave concern for the industry. And I really feel obliged to have to echo the sentiments of Commissioner Gonzalez and Commissioner Regalado. Not all wall murals are created equally. I mean, the bottom line is this, Commissioner Regalado, if one were to buy a 30-second spot on La Poderosa, 670AM, there would be a particular charge for that 30-second spot. IfI were to buy a 30 second spot on 106.7 FM, it would be a lot more than that. Why? Because you're going to get a lot more people and a lot more people are going to hear your 30-second spot on 106.7. And that's a little bit of an analogy of how it works in the outdoor world as well. A sign that you can see from I-95 is just going to generate a lot more money. What the numbers are, Commissioner Sarnoff, what the difference is between the inner zone and the outer zone, I don't know. We haven't put up illegal ads yet, so we don't know what we can get in the inner core to put up some nice signs on some blank walls in the very inner parts of downtown area, but we're certainly working -- willing to work with you on that. But the greater point, again, is is that not all signs are created equal. And as a matter of fairness, I don't think that a sign that generates what something on I-95 can generate should be charged the same amount as one that's, you know, on Flagler Street, right down smack in the middle of the downtown corridor. So I wanted to make that point and echo that sentiment. Asides [sic] from that, we're here at your beck and call to answer any questions. It's a relatively complicated issue in that there are a lot of details, and the devil tends to always sneaks into those details, and so we're at your -- at the ready to try to make this work and really forge a strong partnership for both parties. Thank you very, very much. Chair Sanchez: Mr. Prieguez, there are two issues that you touched on that the ordinance clearly addresses, and that's if a building owner may apply for City permits if the person or entity has displayed a mural 45 days (calendar) prior to submitting of the application for participating in the lottery. That means he's got to come clean -- Mr. Prieguez: That's right. Chair Sanchez: -- within 45 days to be able to participate, so that addresses the issue. The other issue, which I'm glad to see in the ordinance, is that if you had a mural that was not in accordance, you would have to pay three times the initial prequalification application fee in order to be able to participate -- Mr. Prieguez: Yeah. That's -- Chair Sanchez: -- and that is just the same as someone who is caught with an illegal unit in our city that has to pay three times to be able to get the permit. So this ordinance addresses both of those concerns, which I think are very, very important for people -- Mr. Prieguez: You know -- Chair Sanchez: -- that -- because I understand your concern. You had industries that told you City ofMiami Page 113 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 weren't supposed to do it; they didn't participate. They were those that were violating the laws, but they were paying penalties, so -- Prieguez: No. And you actually bring up two points that are similar in both ordinances. I think we've spent a little bit of time kind of showing the differences -- you know, the Commissioner did that in the morning; the Administration did that a little bit later on -- but there are quite a few similarities between both ordinances, so that's why I say that we're not that far apart. So, again, I appreciate -- Chair Sanchez: All right. Mr. Prieguez: -- all your time, and I'm here to answer any questions as well. Chair Sanchez: Anyone else? Anyone else from the industry? Sir, you're with the industry? Herminio San Roman: Yes. Chair Sanchez: Okay. Name and address for the record. Mr. San Roman: Good afternoon, Commissioners and staff. My name is Herminio San Roman, with offices at 12515 Kendall Drive. I represent Carter Outdoor Advertising. Carter Outdoor is one of the largest outdoor advertising firms in the state of Florida. Purposely, Carter did not participate in putting up illegal mural signs, and therefore, we're asking this Commission to put us on a level playing field against those that have illegally participated putting up illegal signs -- murals when you're talking about requiring five leases before you can even participate in the lottery. Most of the leases are now taken by those illegal users. Therefore, we request that we be allowed to play in -- you know, the same level playing field;; that we're allowed to go ahead and participate in the lottery, and then once we get permission, we can go ahead and proceed 'cause sometimes it'll be very difficult because if there's a lease already taken, where are you going -- where in the heck are you going to put it? You have no walls available. That's why it's very important. The second issue is just to bring to the Commission and staff the idea that the Department of Transportation will also have a lot to say on this ordinance because a mural, according to the new regulations by the state, will be considered outdoor advertising, and if it faces or is near a state highway, it will require tax, and -- just like our billboards do. So the spacing requirement will also take into place where it's a thousand feet between billboards or murals, so I think that also needs to be taken into consideration. I strongly, obviously, yes, support the ordinance. I will like also for the Commission to instruct your staff to continue working with us. And once we're discussing the industry, the fact is that Carter, Clear Channel, and CBS, the three biggest outdoor advertising firms in the state of Florida, none of them have murals, and therefore, we're not talking about an industry; we're talking just some companies that are not necessarily players in the Miami -Dade County market. Thank you. Chair Sanchez: Thank you, sir. Public. Any --? Commissioner Regalado: Mr. Chairman. Chair Sanchez: Yes. You have a question? Commissioner Regalado: Question. Chair Sanchez: Sir, you have a question from Commissioner Regalado. Mr. San Roman: Yes, sir. Commissioner Regalado: It's a question for Mr. San Roman, but also for the Administration. City ofMiami Page 114 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 The reason I asked who pick the sites for the lottery was precisely that one because if you have company that have already secure all the leases -- this is the reason that these people were paying fines, to secure the preferred sites, so you're leaving out a lot of companies, national companies or local companies that would want to participate. And that was my question that both ordinance require you have to have five leases, but there are people that already have five leases or maybe ten leases, so there's no more buildings. So how do you do this fair? How do you do this as a real --? I mean, we discuss, like the Chairman said in the morning, like one hour the catering business because we thought that it wasn't fair that we buy from only one restaurant or two restaurant. Now the question is, how do you do this fair? How do you open this for anyone and everyone to participate? It's a lottery. I buy lottery once a week, one dollar. I have one chance in $24 million -- in 24 million opportunity. So my question is, why -- what is the reasoning behind making this -- He's not listening to me. What is the reasoning to have -- to participate, you need to have five secure leases already? Mr. Toledo: Commissioner, the intent was that we wanted companies that had stability, and that's the reason why we said five. I know the Commissioner says -- two or three? Commissioner Sarnoff We said three -- Mr. Toledo: Three. Commissioner Sarnoff -- we said -- I think it's three -- Mr. Toledo: Three. Commissioner Sarnoff -- because we knew there were companies out there that were not violating -- Mr. Toledo: Right. Commissioner Sarnoff -- the law, and we wanted them -- we wanted to spank, if you will, and fine those that had been violating by trebling their fines so that they had to spend -- they at least had to -- for the time they were not Code enforced, they had to pay. But there were these other companies left out there that if you have a five limit, it's going to be hard to find five buildings; three is not that easy, but probably could be done; two would be okay too. But we're leaving them out of the equation if this is our intent. My only point was five -- and I've seen yours at eight once before -- almost seems very, very industry -created, almost lobbyist -created to me. Commissioner Regalado: So what is the solution? I mean, you want us to vote in something because you say it's good, but we're not being fair here. Do you recognize that? Because how about if the biggest ad agency in Manhattan wants to come in and get into the act or say -- not Carter, but say, Clear Channel, the biggest billboard operator in the United States? What do they do? They have to go out and get like how many leases? Chair Sanchez: Five leases. Commissioner Regalado: Five leases. Mr. Toledo: Five. Commissioner Regalado: Are there that many building [sic]? Mr. Toledo: There's walls out there, yes. Commissioner Regalado: Yeah, there are walls. City ofMiami Page 115 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Mr. Toledo: Oh, yeah, there's walls out there. Commissioner Regalado: So, you know -- you -- it's very easy to say this is good for the City, and we are going to -- but you know, at the end of the day, we are one that votes, and we carry the burden of doing something that it's unfair; maybe legal, but it's unfair. So that's what -- Mr. Hernandez: Commissioner, ifI may, we do have five; three is okay. I don't see a major problem with it. But definitely, we're trying to do what's fair for the City first, then the industry second, obviously. And we need to have a certain control -- Commissioner Regalado: No, no, what is -- Mr. Hernandez: -- on how we do this. Commissioner Regalado: -- fair for the City, Mr. Manager, is to have a transparent government. That -- Mr. Hernandez: Not a problem. Commissioner Regalado: -- is the paramount base, to be fair for a city. Because we had a lot of problems of perception in this City, and we need to be transparent in all the businesses Mr. Hernandez: But it's -- Commissioner, it's going to be, I would say, the best that we can do, but always, it can never be perfect. There's a certain balance, and the balance may be -- three could be the number. You can't have nothing at all because it may lead into other issues of transparency. I think that there's got to be a certain control on how we go about setting this process up, some minimum requirements. Vice Chair Spence -Jones: Mr. Chair, can I --? I just want to have clarity so that -- I'm sorry, Mr. Chairman. Chair Sanchez: It's okay. You're recognized. Vice Chair Spence -Jones: Sorry, Mr. Chairman. First of all, I also want to make sure that -- we keep saying industry people will have the opportunity to speak, but I'm assuming that general public also will have the opportunity to speak? Chair Sanchez: They're next. Vice Chair Spence -Jones: Okay. So is the industry speaking first and then the general public? Chair Sanchez: Yes. Vice Chair Spence -Jones: Okay. I just wanted to be clear 'cause I know that I saw some blank faces in the audience, so I wanted to make sure that they had the opportunity to speak too. Chair Sanchez: Thank you. Vice Chair Spence -Jones: My -- Commissioner Regalado, I -- and maybe this is something I missed, and hopefully, you can make it clear to me 'cause maybe this one went over my head. So are we saying that there's only like a small pot, five companies that will have the opportunity to - _? Commissioner Regalado: No, no. City ofMiami Page 116 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: Okay. I just want to be clear. Commissioner Regalado: What they're asking is to have companies that already have five leases in buildings. Vice Chair Spence -Jones: Okay. Commissioner Regalado: So the reason that these companies were paying fines is -- Chair Sanchez: Was to keep the leases. Commissioner Regalado: -- because they wanted to keep those sites. Vice Chair Spence -Jones: Okay. Commissioner Regalado: You know, come -- Vice Chair Spence -Jones: I got you. Commissioner Regalado: -- judgment day -- Vice Chair Spence -Jones: I got you. Commissioner Regalado: -- when the thing is a law -- Vice Chair Spence -Jones: Okay. I got you. Commissioner Regalado: -- they wanted to secure those sites, you know. Vice Chair Spence -Jones: Okay. I think it was really important not just for me to make sure I fully understood it, but the people watching this on TV (Television), for them to fully understand. So other groups -- and I just want to be clear -- like Carter and the one that just stepped up to the mike, are you also saying that these people do not have a opportunity also participate? Commissioner Regalado: I'm just saying that any big company, established company should be able to participate in the lottery. Vice Chair Spence -Jones: Right. Is the --? Commissioner Regalado: I mean, it's a lottery. We are not even going to decide who gets it. Vice Chair Spence -Jones: Right. Is the Manager saying that that's not the case? That's not what he's -- Commissioner Regalado: The Manager's saying that it's not the case. Vice Chair Spence -Jones: No. Mr. Hernandez: No. My position is that there are at least over a hundred locations -- Vice Chair Spence -Jones: Okay. Mr. Hernandez: -- so that's why we said five as a minimum criteria. It could be three, but there's got to be a minimum criteria for these companies to be able to participate. City ofMiami Page 117 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: Okay. I just wanted to be clear for the audience. Chair Sanchez: Okay. You're recognized for the record. Name. Stephen Helfman: Thank you very much. Steve Helfman, 2525 Ponce. I represent a company called Van Wagner, out ofManhattan, who probably has the largest mural business in Manhattan. We did not construct any illegal signs. We were not the subject of the stipulation agreement. Having said that, Commissioner, we did go out and we have now secured five signs, five locations, and with the understanding, over the past year, that this would be a requirement. They are available, the sites are available, but does it take hard work? Yes, it does. We've had people here in South Florida working for months and months at securing sites, but they are there; the walls are there. And I want you to know that it has been a fair process. Certainly, anybody in this industry has known for years that this process is coming. And we played by the rules, and we have secured those leases. We think that requirement is an appropriate requirement of five leases, and I want to tell you that this is an extremely difficult process. You are struggling with something that is very hard. It's hard because you act as both a regulatory body here and you're also acting as a partner and you want to be in the advertising business. And it's very hard on the one hand to regulate a group, and at the same time, encourage them to be very successful because you want them to be successful, you want to participate in those revenues, and it is a partnership. And so we need to work with your staff. We have done that, and we're very close to coming to an ordinance that I think that we all can work with. Your staff has been unbelievable in this process. They have had to learn the advertising business. They've had to learn the outdoor advertising business. It's not easy, as you can see. They have to deal with ten different companies who they're going to be in business with; and one guy's a small guy, and one guy's a big guy, like my client, Van Wagner, and the economics are completely different. So how do you deal with that? That's been a struggle that they've been working at for months and months and months, and I think they have their arms around it. Does it need tweaking? Yes. But let them continue; pass that ordinance, pass that draft. It's thoughtful, it's taken time, and let's see if they can finally get this together so that you can have a full group of partners. If Carter wants to participate, wonderful, but get that group in there. Let's keep this process going. Approve it on first reading, and let's see if we can't bring you something back that works for everybody. Thank you. Chair Sanchez: All right. Questions? No. Public. Anyone from the public wishing to address this Commission, please step forward. Okay. Two minutes. Try to keep it within two minutes, please, everyone. Sharon Dodge: My name is Sharon Dodge, and I represent your otherwise silent partner here today. I'm the president of the Venetia Condominium Association, at 555 Northeast 15th Street, in Miami. And I'm here today in support of this ordinance, butt want you to consider and take under advisement the fact that we are both partners and beneficiaries. As a large condominium located in an area where there are no other visible murals, on a blank wall that most of us don't even see because it's mostly just bare concrete, we stand to literally save our building. We're an old building. We have a really corroded, dilapidated infrastructure that we are rebuilding from the inside out, and we're doing that in a time when the condo market is way down and foreclosures are way up. This is salvation on a stick for us. And if it sticks a little bit to think about having a few more murals, I want you to think about what it's doing for us and for lots of other buildings that form lots of new sites. Chair Sanchez: Thank you. Vice Chair Spence -Jones: Thank you. Barbara Bisno: Hi, good afternoon. My name is Barbara Bisno. I'm president of the Venetian City ofMiami Page 118 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Causeway Neighborhood Alliance, so you're hearing a lot from the Venetian area. I would tell you, just before I start, that this would be a full chamber if the issue was outdoor advertising on buildings or not. Then you'd have a full chamber because most constituents would rather see no outdoor advertising on buildings, as the Commissioner said this morning. But that being said, I've gone through the County process. I have to say, I've watched the lobbyists, in the County, they all stand together in front of the chambers, so it's very hard to miss them. And so, when Pete says this is not an industry ordinance; we just did what the County did, I have to say it's a little bit disingenuous because the County did what the industry wanted. Perhaps not as high of fees, but that's about it. I'm going to try to -- the Commissioner did a good job, and there's been further discussion on the differences between the two ordinances before you. First, I would like to say, please, please, please vote for FR.2 on first reading. Let that be where you start, please, for your constituents. Amendments already have been stated from the floor, but I'd like to focus on just three ideas that are concerns, I think, of your constituents. Quality of life, lawlessness, and unfortunately, money talks. Please try to put yourself in a position -- our position. We have no -- we're not companies. We don't have money. We're not lobbyists. We're just frying to do what we can to influence the policy of our city, to make it a beautiful city. How can we illuminate signs on buildings that will -- that when a person living in a high-rise raises their shade at 7 o'clock, 8 o'clock at night, they're viewing, perhaps, a scantily -clad person selling perfume that isn't being sold in the building where the sign is? You know, that's the big thing. These are not signs for what's going on in the building. These are signs for something else, for some other product or service. So how can we illuminate signs facing a residence? It boggles my mind. What kind of quality of life -- all those condos that you're dying for people to buy, the new ones, why would they, if they ever know about this? I'm sure the salesmen aren't telling them. And the PAC, when you're coming down -- I guess it's 836 going east, you're looking at the PAC. Right now there's a billboard, but just think of all that -- you're looking at the PAC, and what do you see? What can you see according to the Administration ordinance? You can see every building with a sign instead of looking at the PAC. So please protect the area around the PAC, and then it goes all the way around to my area. I mean, if you look at the sign -- even the Commissioner's district goes right to the bay. Now the Herald -- which now doesn't have its sign, as far as I know that you -- when you're looking west you don't see; it may have one going south, but I -- where I live, you go -- look at the wall that is -- if you're looking west, and that's down now, that illegal sign, but they're going to have one, and all those windows are going to be covered, and it's going to illuminated, and it's going to be right -- we've lived there. I've lived there for 20 years. I have no right to have a quality of life not to -- I can't like turn off the TV -- you can turn off the TV if you don't want to see an ad, but I can't turn off that sign. Lawlessness. I mean, the industry's been waiting patiently for three years. You know what it's been doing while it's been waiting? It's put up enormous number of illegal signs and it's illuminated them. It even went to the expense of illuminating them. They're so sure they're going to get what they want. One million dollars. I talked with Mr. De Mola a year ago, when this all started -- and I know I have only two minutes, but they had a long time, and I'm really -- give me just a little bit more time. Chair Sanchez: How can I say no? Ms. Bisno: I don't know. I'm hoping you can't. Unidentified Speaker: It's Valentine's Day. Ms. Bisno: It's Valentine's Day. That's right. It's my Valentine's gift. I'm really almost finished. But when I spoke to Mr. De Mola a year ago, he said they'd collected a little bit over a million dollars. Today they said they've collected a little bit over a million dollars. What's been happening? Some of the companies have not been paying. That's got to be true. Chair Sanchez: But now they have to pay. City ofMiami Page 119 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Ms. Bisno: Pardon? Chair Sanchez: Now they have to pay. Ms. Bisno: Well, this thing -- Chair Sanchez: Three times what they owe. Ms. Bisno: Right, but this thing what you were talking about -- Chair Sanchez: -- Well, not three times what they owe. Ms. Bisno: -- I don't want to get involved in that; you'll figure it out, but you know, it would be great if the people that did illegal signs couldn't participate in the first lottery. How would you do that? Wouldn't that be -- wow, Miami is not a lawless city; it doesn't reward scofflaws. It stands for the right to do what's right and to follow your ordinances. Money talks. In this city money talks. This ord --Administrative [sic] ordinance, which has changed since the one I saw on the Internet, it now does put in some parks; it now does other things that it didn't do as recently as a week ago, and I'm sure it's under pressure from the Commissioner's office. Don't reduce the fees, and please -- if you had a neighbor who didn't ever do what he -- broke the -- had a Code violation and just paid the fines, what would you say? It's a terrible neighbor, just paying -- you would fry to get rid of him in the neighborhood, and that's what the companies are doing, and we're rewarding them. Vote for FR.2, please. Thank you. Chair Sanchez: Happy Valentine's Day. Ms. Bisno: Happy -- and thank you for your courtesy to me. I really appreciate it. Chair Sanchez: You're welcome. All right. George Sanchez: Hi. George -- Chair Sanchez: Let's try to keep it at two minutes. Listen, we still have this much to go. We've got more than half -- Mr. Sanchez: -- Sanchez, 75 -- Chair Sanchez: -- of an agenda. Mr. Sanchez: -- Northwest 12th Street. Happy Valentine. I've been living and working in Miami district for over 30 years. I've been fortunate enough -- Chair Sanchez: How long is your presentation, George? Mr. Sanchez: It's less than a minute, Joe. Chair Sanchez: All right. Mr. Sanchez: I've been fortunate enough to collaborate with the City and the County in realizing large-scale insulation had been opened to the public and reached thousands of visitors. In turn, these events had demonstrated the cultural, social, and economic impact that the arts community brings to us. This is one that was in Coconut Grove. This is one that was done in Midtown Miami. They had over 5,000 people attend with the different images sponsored by both the City and the County. All of these events had been done -- this was done with the CRA (Community Redevelopment Agency). This was -- six years ago, during Art Basel, we, with the assistance of the CRA, created a replica of the Villa Savoye underneath I-395 contrasting the goals of City ofMiami Page 120 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 modernism to the harsh reality it created. The project remained in place for three years and received a grant of local and international press. It was also the only event that was offMiami Beach listed and promoted byArt Basel officially, which is how we -- it's been growing to now over 26 fairs. Being located in the heart of the Entertainment District for seven years, I have seen wall signs appear randomly. I've never before placed one on my own property, being I wanted to follow the law and wait for the ordinance that would allow me the opportunity to make an honest dollar. Limiting the wall signs as opposed to allowing the more -than -forty rule, in my opinion, reward a few individuals that have illegal signs. I plead with you to increase the number of signs and allow smaller business owners and possibly the only artists involved in remaining competitive in this process. Ironically, the funding for the wall signs ordinance is meant to benefit the arts and parks program in the City. I feel confident that I've demonstrated my commitment to this City and community, and look forward to hearing your response and vote. Thank you. Chair Sanchez: All right. Thank you, George. Charles J. Flowers: Happy Valentine's Day to the ladies on the dais, Commissioners. My name is Charles J. Flowers, 1000 Northwest North River Drive. I think know more about the wall mural than anyone on the dais or in this building. I started murals in Miami in 2000, and they all had permits, Commissioners. They all had legal permits. I represented three different companies. I stopped when they started violating the law; then I did not pull any permits for them. They did not need my services because African American don't have any pull in Miami, so I heard, so they use others, which is good. I'm going to ask for a minority in your ordinance. You need a part for minorities. You want to be safe. You want to be transparent. And as the Commissioner says, what is fair. Minority need to have a portion of this business. We cannot compete with the guys form New York and New Jersey and Philly and California. We cannot. And to have five or six per -- (UNINTELLIGIBLE) saying, it's too much. It is too much. A minimum of two until you get started. And, yes, the County is going to North Miami to do the same thing in North Miami. So I'm asking for a minority portion in your ordinance, Mr. Chairman, for those to have the same opportunities and everybody else. I think lived in Miami longer than anybody in the chambers here. Thank you. Chair Sanchez: Thank you. Next speaker. State your name. Happy Valentine's Day. Nancy Babe -Hibiscus: My name is Nancy Babe. I'm the owner of a building located at 42nd Northwest 27th Avenue, called Hibiscus Properties. I have had a mural in one of the walls that was taken away because the City order them to take it away. I wanted to say that that mural, I've had it for five years, since 2003, and it gives me -- for I have rented both walls, the right-hand wall and the left hand, $4, 000. Right now -- Chair Sanchez: Each? Ms. Babe -Hibiscus: -- at this moment -- Chair Sanchez: Each wall? Ms. Babe -Hibiscus: No, no, no, no. Each wall is 2,000 only. Chair Sanchez: I think you need to renegotiate. Ms. Babe -Hibiscus: No, no, no. I said one -- I have rented two walls; one on the right and one on the left-hand side for 4,000, both of them. So I have had one of the walls empty for eight or five months, but the thing is that right now at this moment -- my building is a commercial building. I have half of the building in vacancy, and some persons that doesn't pay because they can't, so right now, for me, $4, 000 less is terrible because I have to pay the insurance that is too City ofMiami Page 121 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 high, the taxes that are too high, and I don't think that this is the right moment. If there would be two years ago or three years ago, well -- but right now, when the president is giving money to persons to help them to pay all the things right now, to take out that from me and from other person, I think, really, that's not fair. That's all what wanted to say. Chair Sanchez: Thank you, ma'am. Ms. Babe -Hibiscus: Okay. Commissioner Regalado: Let me ask you a question. Ms. Babe -Hibiscus: Yes, of course. Commissioner Regalado: Because I -- that -- I have never met you, but that building is in the district that represent. Ms. Babe -Hibiscus: Uh-huh. Commissioner Regalado: And there was a mural which was facing south on 27th Avenue, which was painted by this -- Ms. Babe -Hibiscus: By Javier Cortado. It's a -- Commissioner Regalado: -- by Javier Cortado. Ms. Babe -Hibiscus: -- well -- very well done painting. It -- Commissioner Regalado: Right. Ms. Babe -Hibiscus: -- looks like a painting, not a mural. Commissioner Regalado: Yeah. It was a painting, and then it had like a ten percent, something like Heineken, right? Ms. Babe -Hibiscus: Yes. Commissioner Regalado: The beer. Ms. Babe -Hibiscus: It -- only a ten percent. It was very, very small. Commissioner Regalado: Yeah. But let me ask you. Ms. Babe -Hibiscus: Yeah. Commissioner Regalado: I kind of remember that the City ofMiami gave an award to that painting. That was something -- Ms. Babe -Hibiscus: They give permission to put -- we have asked -- I know that the persons that I rented from them have asked permissions every time. That's why I have it for five years. And let me tell you something thatl didn't say right now. Commissioner Regalado: Well, I'm talking an award. Ms. Babe -Hibiscus: Oh, yes. Oh. City ofMiami Page 122 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Regalado: I'm talking -- Ms. Babe -Hibiscus: An award, yeah. I didn't get that well. Yes, it has an award for being, one, first prize of the mural in the whole City ofMiami. Commissioner Regalado: And who gets --? Ms. Babe -Hibiscus: First prize. I didn't do it. I don't know who did. I think it was American Murals. But I have the -- even I submitted the copies to the Commissioners here when I was here last week, and they have it; that it says First Prize Murals ofMiami. I even submitted 57 signatures from the -- not private persons, from the businesses around; that they have -- they were very angry with that because it was a point of reference, and it was very -- everybody knew that mural because it was colorful. It gives ambiance and elegance to an area that is not Ponce de Leon or Coral Gables, you know. That's the thing. Commissioner Regalado: Thank you. Chair Sanchez: All right. Thank you, ma'am. Ms. Babe -Hibiscus: You're welcome. Chair Sanchez: All right. Next speaker. Hadley Williams: My name is Hadley Williams. I'm from 2441 Trapp Avenue, in Miami. I'm here to make comments on behalf ofMiami Neighborhoods United and also some personal observations. Miami Neighborhoods United, as all the Commissioners know, is an umbrella organization of many neighborhood associations across the City ofMiami. We have taken great interest in this issue of murals as it relates to the quality of life. We had a resolution, which was passed in our last meeting, which followed what Commissioner Sarnoff mentioned, was the San Palo conclusion in his remarks this morning. San Palo had unlimited murals for many years, and reached the conclusion that the quality of life in the city was way below what they desired, so Miami Neighborhoods United voted in a majority against murals in general. In looking at Commissioner Sarnoffs proposal, the minority voted in favor of Commissioner Sarnoffs proposal because it puts limitations that are very much based on quality of life issues. We recognize there are income issues. We recognize all the others. And we recognize that there has to be a compromise. But we believe that Commissioner Sarnoff put a great deal of effort into reaching a compromise. So we would, as Mrs. Bisnoff [sic] recommended, go to FR.2 for now. But personal comments, having listened to all the presentations today, I am reminded of Commissioner Sarnoffs remarks on June 28 of last year when we were talking about Miami 21, when he said that it is inappropriate for the Commission to pass, on first reading, any proposal or ordinance that has many, many adjustments required. And I think in listening to the two proposals this morning, they are so far apart on 30 or 40 different items that we would recommend -- or I, personally, would recommend that the City go back and come back with some kind of in-between recommendation that Commissioner Sarnoff can support and we, in Miami Neighborhoods United, in the minority, could also support. There are too many discrepancies to today pass even FR.2 and look to tweaking it between now and the second reading. There's just too large a discrepancy. Thank you. Chair Sanchez: Thank you. Next speaker. Nathan Kurland: Nathan Kurland, 3132 Day Avenue, Coconut Grove. Unlike the attorneys in the room, I'm not very excited to be here today. I'm not getting billable hours. I would like to speak in favor of Commissioner Sarnoffs FR.2. Unlike the gentleman from the industry who said these two proposals are coming closer and closer together, I don't see any relationship between these two proposals as they're written at the present time, between illumination, covered City ofMiami Page 123 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 windows, wrap-arounds, use of government buildings on and on and on. Last night I had the displeasure of reading the County's new 14 page proposal to eliminate you, the City Commissioners, from having any say whatsoever in the Metrorail building complexes in Coconut Grove. I'd like to make sure that you understand that this gives you more power, FR.2 by Commissioner Sarnoff, and eliminates perhaps some of industry's power over you. Once again, I'd like to ask you please to support Commissioner Sarnoffs effort and his proposal. Chair Sanchez: Thank you. Mr. Kurland: Thank you. Robert Linder: Bob Linder, 3601 Federal Highway. I am the CEO (Chief Executive Officer) president for Borinquen Health Care Center, and we currently have two murals on our building. We are a nonprofit. And I would like to highlight how these revenues from these murals, how they affect our services to our population. We currently serve 13,000 individuals a year. We provide with them medical, dental, mental health, case management, education. We have 55,000 visits. We serve 600 HIV (Human Immunodeficiency Virus) clients. We do receive federal funding. And over the last eight years, we've gotten a total of seven percent of an increase. Over the last two years, our uninsured population has increased by 20 percent, so it's quite obvious that we need to find different avenues and different ways to receive revenues. The funding that we receive from the murals, it pays for a physician, a nurse, a medical assistant, a lab tech, a receptionist, an entire medical team. If we lose the funding from the murals, we would probably have to reduce one medical team from our services. Loss of these revenues would quite clearly interrupt how we serve the patients that we serve. Just this week I got a call from a local community organization who deals with foster families. They identified a family of six children who fall outside their jurisdiction, and their message to me was they are in dire need of medical and dental services. Without the mural monies, I don't know if we could have served them. We have made arrangements. We don't expect any payment. But it's because of the mural dollars that we'll be able to take care of that six -- those six children to the best of our abilities. Chair Sanchez: Thank you. Mr. Linder: As far as the different proposals, we just want to make sure we're in in this district. And it's -- quite obviously, a lot of things that need to be compromised that we heard today, and I'm hoping that, you know, they can be worked out for the City's interest and also for the industry. Chair Sanchez: Thank you. Mr. Linder: Thank you. Chair Sanchez: All right. Next speaker. Nina West: Good morning. Good afternoon by now. First of all, I want to thank -- this is Nina West, 3690 Avocado Avenue, Coconut Grove -- Commissioner Sarnofffor making a great effort at a compromise. I see every big -gun lobbyist I have ever heard of walking around here today as I came in. And this is a very difficult thing, I think, for elected officials to do, to stand up to tremendous amounts of money, money that's beat the state of Florida so we get to have all the trees mowed down as we drive up the highways. And I know it's very difficult to resist these numbers, but we do have quality of life issues here, and we don't want a junky city. New York City is full of beautiful, huge billboards, but none of them are flashing their lights into residential homes and they're all taken so they -- quality of life remains but the billboard industry is satisfied. I think, if it were up to me, there'd be no billboards, no murals, nothing, but that's not possible. And I think that Commissioner Sarnoffs proposal is fair, equitable, and lets the citizens sleep at night. But also looking to the future, we don't want a honky-tonk town. We just City ofMiami Page 124 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 don't want that. You talk about all the high-rise in downtown and what it's going to mean and everything like that, but there's a balance between tasteful and honky-tonk, and we ought to side with the tasteful, and we ought to remember that the citizens need to sleep at night so that they can get up and go to work in the morning and pay their taxes. Thank you. Chair Sanchez: All right. Anyone else? Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I am appearing as a private citizen, and as a park's advocate, I'm very happy that some money, at last, will be going into park maintenance and acquisition. However, I would like to state here and now that, in a former life, I was the assistant to a senior account executive with Gray Advertising in New York. We handled national campaigns, TV print, and everything else, so I know something about advertising. And one of the gentlemen here mentioned that somehow we're all naive about those things. I think what everybody in city government could learn more about is aesthetics. And I support the quality of life issue that was raised by other people who spoke here. And I was watching on TV when Lucia presented her photographs from other cities in other parts of the world, and Piccadilly Circus and Time [sic] Square, I don't think are what you want in downtown Miami. Now, the other photographs were of isolated murals, which happen to be very tasteful. We have not been so lucky in Miami. And if you look at the photograph she showed of previous years, I think if we had another one of those Coppertone ads, somebody would be accused of pedophilia, so just watch out. But sometimes I think that you're just not paying enough attention to what the City's aims are and what we really look like. The idea of having all those murals right across from the PAC was unbelievable to me. I mean, you -- why do you spend billions of dollars on beautiful buildings and then trash them? Trash the whole area. Now even the condominiums that have their garage lights on on 27th Avenue at night -- and those are garage lights. They're not advertisements up there. You can see them to the end of a long block. I can see them from my house two blocks away. Do you think, really think that within 200 feet, the people that live there are not going to be able to see these lit -up murals? And ifI were going to buy or had bought a $4 million condominium downtown -- and downtown is what we're pushing -- I certainly wouldn't buy it ifI were going to be confronted every time I looked out a window by -- well, you know, maybe we should have a committee, like you have the Design Review Committee for buildings. Chair Sanchez: In conclusion. Ms. Sandoval: We should have that to review the content and the quality of these murals and just not leave it up to people who are in it to make money. Thank you. Chair Sanchez: Thank you. I gave you the same time as Barbara, so you don't get upset. All right. Anyone else? All right. The public meeting [sic] is closed, and it comes back to the Commission. How we're going to handle this is that we're going to make a motion on A or B and we'll discuss it and we'll vote it. Now -- Commissioner Regalado: Mr. Chairman. Chair Sanchez: Yes. Commissioner Regalado: IfI may? Chair Sanchez: Unless we have a question, is there a motion on the item? Commissioner Regalado: I don't -- Vice Chair Spence -Jones: I don't -- what are we --? City ofMiami Page 125 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Regalado: -- have a question. I just wanted to make a motion to direct the Administration to come back with -- the next regular meeting with a new ordinance, which includes many of the elements that we have discussed, if that is the wish of the Commission. I can -- Chair Sanchez: Marc? Commissioner Regalado: -- either vote up and down for -- Chair Sanchez: Okay. Commissioner Regalado: -- both, if that is the wish of the Commission, but I think that it's important that we follow the tradition of this Commission, that always had decided to send back pieces of legislation when we are not completely satisfied and not vote on first reading for something that we may have to fix so much in the process, so -- Chair Sanchez: All right, so -- Commissioner Regalado: -- that's one suggestion. The other suggestion, all my colleagues have whatever -- Commissioner Gonzalez: I'll second that motion. Chair Sanchez: All right. For the sake of clarity, the motion is to continue the item, directing the Adminisfration to sit down, look at all the elements, and possibly come back to us with a better defined mural ordinance. All right. Commissioner Regalado: That is the motion. Chair Sanchez: That's the motion. The motion has been made by Commissioner Regalado, and it has been second by Commissioner Gonzalez. The only thing that I ask, are we going to have this whole public hearing again when the motion comes back up again? I mean -- Commissioner Gonzalez: I don't think we need to. Commissioner Regalado: Mr. Chairman, it's up to you, but I think that, in fairness, the Administration this time should meet with Commissioner Sarnoff because he was willing to compromise and the Adminisfration was willing to compromise, and there was a thing of the fees. There was -- and particularly, I am very at least supportive of things that have been said here, especially by Commissioner Gonzalez, that we -- number one, we need to understand what is the right fee that will give us a sure -- an assured revenue, and to be ready to use that revenue for what is -- what's meant to be in terms of a park acquisition and arts and cultures, but you know, at the same time, you need to tell us that we are going to be safe in terms of social services come August. And you know, I ask you and Roger many weeks ago, when we were discussing the lease or the agreement with Flagler Dog Track, that we should dedicate that funding to social services, and you said we'd rather not do it. Roger said, you know, we don't want to commit that. But it's coming to a point where we know that, you know, several programs are in danger. We know now that transportation has a serious problem. And we heard on our CDBG (Community Development Block Grant) community meetings that we have serious, serious issues with social programs. So you know, we need to make sure that we are committed to dedicate this funding to park acquisition and culture and entertainment, but also other fundings to social services program, so that is something that I think it's important for everyone here. Everyone here understand and worries. Every year we see all these members anguishing about social services. So I just want to understand that you're -- that you know that this is the will of this Commission to have a certain and, you know, to have a better understanding of the fees come -- when you City ofMiami Page 126 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 come back with the new proposal. Commissioner Sarnoff Can I make a little modification -- a friendly modification to that? I would ask the City Manager to procure from Fuel, Van Wagner, Manny Prieguez's file and anybody else that's willing four specimen leases. The names could be obliterated, the locations can be obliterated, of what they're paying to have these sites so we can get a better understanding as opposed to having a lobbyist come before us and say it's just too much money. Commissioner Regalado: Right. Commissioner Sarnoff Let's be Missouri. Let's be the "Show Me" state. Show us why it's too much money. And I want to see a 2006 lease, I want to see a 2007 lease, and I want to see a 2008 lease. And I want to see four from each one of them. Chair Sanchez: All right. Commissioner Regalado: I accept. Mr. Hernandez: Mr. Chairman, ifI may. Commissioner, I agree with you. It's about the only way that we can have more certainty on fees, and then be able to develop the proper either flat fee or tiered, whichever way that is best suited for the year ahead. My recommendation, rather - - and I agree with that part of it -- than just, in essence, continue or defer for the sake of time, we've invested, I would say, like three hours on this subject so far. There are many things that we could define right now, and when you get to the bottom of it, what you have are the fees, the fees. I would like to get an agreement on one direction or another, have a first reading approved, and then just allow the portion of the fees to be further analyzed based on the information, and then bring it back for the second reading. Chair Sanchez: Commissioner Spence Jones. Vice Chair Spence -Jones: Yeah. I just want -- well, first of all, Mr. Manager, are you saying that you still want us to consider it now? Is that what you're saying? Chair Sanchez: No. Mr. Hernandez: I think so. We've invested, in essence, three to four hours on this subject matter. If we bring it back for another first reading, we may be in the same predicament. Vice Chair Spence -Jones: Well, I think that Mr. Chairman is saying we're not -- we would not have a whole hearing again, correct, Mr. Chairman, are you saying --? Chair Sanchez: Well, I would really fry to avoid a whole meeting. I mean, it's on the record. I mean, folks, some of the elements have been discussed. I mean, I do tend to agree that we shouldn't rush on this. I mean, everybody now has an opportunity to put what your concerns might be and recommendation. I have some that I'm going to put on the record. I'm going to put what's on the record what I think that should be done to seek my support, but -- I mean -- Vice Chair Spence -Jones: Well, I want to do the same thing. I just wanted to be clear with what he wants. Is that your recommendation? Mr. Hernandez: Well, that's my recommendation -- Vice Chair Spence -Jones: Right. Mr. Hernandez: -- but I'll follow the lead of the Commission. City ofMiami Page 127 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: I think the -- I'm understanding that we're going to go 'head [sic] and at least bring it -- Chair Sanchez: Well -- Vice Chair Spence -Jones: -- back for first reading again. Chair Sanchez: Right. Vice Chair Spence -Jones: But if -- Chair Sanchez: Right. Go ahead. Vice Chair Spence -Jones: Okay. I do want to just add on just so that when we come back, we don't have to waste as much time, at least from my perspective. I do agree with what was stated earlier about the areas, the three areas, and I think that Commissioner Sanchez and all of us agree. I think the hospital area, the downtown area, and the Design District should be the areas that are actually targeted. I have a serious issue with going down Biscayne Boulevard. I think that's just too much, so I would like to not see that be proposed in the new one that comes back as of -- Mr. Hernandez: Well, in essence, Commissioner, we could probably have a consensus on geographic zone right here now, today. Vice Chair Spence -Jones: Right. Mr. Hernandez: Because I think, from what I hear, is that it would be the Central Business Disfrict, per, you know, the way that -- Commissioner Sarnoff Well -- I'm not trying to advocate my position. FR.2 is a better written ordinance, if you just read -- legally, it's a better written ordinance. If you just accept the zones that I created, you know, by saying the hospital zone and having the Design Disfrict, you know -- Chair Sanchez: Listen, let's -- let me get control of this. There's a motion and a second to defer. If we're going to continue to discuss, let's discuss the deferral aspect of it. If not, let's withdraw our motion, and we could vote FR.2 or FR.1 or however you want to handle it. Is the motion right now to defer still on the table and under discussion? Commissioner Regalado: I maintain my motion. Chair Sanchez: You what? You maintain your motion? Vice Chair Spence -Jones: Maintain it. Commissioner Regalado: Yeah, yeah, yeah. Commissioner Sarnoff Okay. Listen. Chair Sanchez: On that motion, on the deferral, now is the perfect opportunity for us to address some of the issues with the Administration and everyone here in the open. One, I want to make it very clear that I think the Commissioner of the district spoke well as to his district. He shouldn't be bombarded with all the murals in there, so I could support -- and I'm putting it on the record right now to avoid later on at the next meeting stating what I want to put -- having murals on your side of your portion 20 to 25 and not to exceed that. That's something that I would be open City ofMiami Page 128 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 for a discussion. The revenue contribution, I definitely want to see something going towards the social service. This has an opportunity for us, maybe not one-third. I have a different idea. Maybe 50 percent to the land acquisition, which is something that we need to do. When it comes to parks, I'm the one who has the least parks in the district, so I could surely use that money to acquire land and build parks in District 3. Arts and cultural aspect, we could focus on that, maybe a 25 percent. We need to put some type of revenue into park maintenance, folks. We can't back away. We can't close the door on that. That could be possibly a 15 percent, and then 10 percent to social services, which it generates close to about $300, 000, which is every year what we tap into from the Mayor's initiative -- poverty initiative. So that's just some things that I'm putting out that we could discuss later on. The other issue is I think that this is a perfect opportunity for us to direct the City Manager on the fees. I disagree when you say that this was written by the industry because they've been trying to lobby me hard on the fees. I don't think they're all coming up here to support this ordinance because they're complaining about the fees being too high, okay? This ordinance has been around -- not this ordinance, but the concept of the murals has been around for almost three years, and we've been trying to find a reasonable solution. Now, I would like to safeguard the City and add a language to make sure that the City's protected. One is before allowing any company to put up a mural in -- lottery winner must sign -- a lottery winner must sign an affidavit stating that if the company sues the City, and therefore -- if there's any litigation towards the City, that mural comes down, and that could be through an affidavit or a declaration to protect the City to make sure that we don't have in the past where we're in litigation with them, and the murals are still up on the wall generating monies for them. I'm also glad to see that the $1, 000 fine a day's pretty steep and no longer profitable for them, for those companies to keep those signs up. The next thing that I want to focus on, folks, that I think we're not focusing on. This is a pilot program that expires June 29, and I think we have an opportunity now that each mural permit holder must agree to submit a full financial statement by March 29, that way when we renew their application, we know exactly how much they made and we could focus on fees on that, because right now we don't have numbers to focus on fees, and you got to be fair. This thing has always been about being fair, fair to the City, fair to the residents, and fair to the industry. And I think there's a compromise there for us to walk away and not have everybody a hundred percent in supportive, but it gives us an opportunity to, one, get this Wild Wild West mural back in order where we didn't have any control over them. The industry itself didn't have any regulations. Second, folks, whether we like it or not, we better be focusing on generating funds because let me tell you, we're going to continue to push for tax reductions locally. The State is going to continue to focus on tax reduction. And we're going to have to start thinking like a -- running this City like a business to generate funds, so this gives us a perfect opportunity to negotiate in good faith with everyone to have an ordinance that will be a win -win situation, hopefully, for everybody, so those are the things that I want to put on the record because I could see that this vote is going to pass; we're going to continue the item; you're going to have to sit down with the Commissioner and possibly the industry and come to an agreement on all of the elements that have been addressed, and then we should just come, have maybe a five-minute presentation on both sides, open it up to the public for two minutes, and we vote on it. We should not take another four hours on this. Please spare us the four hours. We're almost at 4:30 and we still have half of an agenda to go. All right. No further discussion on the -- Commissioner Gonzalez. Commissioner Gonzalez: Yes. I'm glad that Commissioner Regalado made that motion to continue this item to give the Adminisfration an opportunity to work with Commissioner Sarnoff, because let me tell you, I'm in agreement with some of the articles on the Adminisfration proposal, and I also agree with some of your proposals. So I think it's better that the Administration work with Commissioner Sarnoff, and you know, incorporated -- you are willing to make some concessions on your part, so I believe the City could make some concession on their part, then we can come up with a final ordinance. In reference to the social service portion, I believe -- and I said it at the beginning -- that for the next -- for the first two or three years, we should allocate 25 percent of this revenue. Because once we have the slot machines working at Miami Jai Alai and at the dog track, then we're going to have a new source of City ofMiami Page 129 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 revenue where we can get some help, and then release some of this money to be invested in parks, but we need to be playing with the revenues that we're going to be getting, having in mind that we're going to be getting some more cuts from Tallahassee and from, you know -- everybody wants to -- like you say, everybody wants to go to Heaven, but nobody wants to die. Chair Sanchez: But nobody wants to die. Commissioner Gonzalez: So -- Chair Sanchez: All right. Commissioner Gonzalez: -- I think it's a good thing that, you know -- and Mr. Manager, you're going to be consulting with every Commissioner, I hope -- Mr. Hernandez: Yes. Commissioner Gonzalez: -- you know, before this comes back, and let's start doing it right away so we have time to finally come with a final product at the next Commission meeting. Chair Sanchez: Okay. Commissioner Gonzalez: Thank you. Chair Sanchez: And another issue I forgot. I could be -- I am in support of doing away the boundaries from Northeast 17th Avenue north to 36th Street. I just think this boundary is way too big. In that way, it gives an opportunity for the other boundaries -- Commissioner, I know you and I are going to disagree on the issue, but I think that I'm in support of maintaining the portion that touches my district to stay within the ordinance, but we'll discuss that at a later date. Commissioner Gonzalez: I believe -- Chair Sanchez: All right. Commissioner Gonzalez: -- but Commissioner Sarnoff, what you -- because we need to discuss this now because we're not allowed to talk after we leave this chamber. I think your proposal is to bring it up to 17th Street? Commissioner Sarnoff To -- Commissioner Gonzalez: South of 17th Street? Commissioner Sarnoff Yeah. I think you're right about that. Yes. Commissioner Gonzalez: Okay. So you know, that's one of the portions of Commissioner Sarnoffproposal that I agreed to. Chair Sanchez: Oh, to your district? Commissioner Gonzalez: No. To his district. I mean, the -- Commissioner Sarnoff We -- Commissioner, we use -- Commissioner Gonzalez: -- Civic Center. I don't have any problem with the Civic Center. Commissioner Sarnoff Just so you know, we used 15th Street as the -- as -- it's the same -- City ofMiami Page 130 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Gonzalez: Well -- Commissioner Sarnoff Right. I just want to -- you said 17th; I just want to say I don't think it's going to matter to you, but -- Commissioner Gonzalez: No. It's all right. Chair Sanchez: All right. Commissioner Gonzalez: I mean, whatever you, you know, were talking about. I thought it was 17th Street. I was looking at the land, and I thought it was 17th Street. The Civic Center, I don't have any problem with the -- what has been, you know, design in this map as far as Civic Center is the concerned. I have no objection on the, you know, amount or whatever. Chair Sanchez: And south of the River -- Commissioner Gonzalez: One concern that I have is Borinquen Clinic. Chair Sanchez: Yeah, that stays. Commissioner Gonzalez: Borinquen Clinic, they -- Commissioner Sarnoff But they're part of that. Vice Chair Spence -Jones: We said Design District will stay. Commissioner Gonzalez: -- really depend on this, you know, and they run a tremendous program, so we need to be -- Commissioner Sarnoff Commissioner -- Commissioner Gonzalez: -- able to work with them. Commissioner Sarnoff -- just so you know, I actually tried to give them a certain type of treatment, which I was warned against doing because it would be an unfair classification. I've never wanted Borinque [sic] Clinic to lose their mural, but apparently, they're going to have to be part of a lottery like everyone else. Commissioner Gonzalez: Oh, okay. Commissioner Sarnoff The good news for them is they're -- Chair Sanchez: They're already there. Commissioner Sarnoff Right, because they have the building that everybody wants. Commissioner Gonzalez: Okay. Chair Sanchez: So they're protected. Commissioner Gonzalez: That's good. Chair Sanchez: All right. Mr. City Manager, now you clearly have gotten the direction from the Commission. Hopefully, we could bring this back with very limited debate or discussion, and we City ofMiami Page 131 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 could approve this. All right. All in favor of continuance to the next regular Commission meeting on FR.1 and FR.2. We have to continue both -- Commissioner Gonzalez: Both. Chair Sanchez: -- because we're not approving neither one. All right. All in favor of continuing FR.1 and FR.2, say "aye." The Commission (Collectively): Aye. Chair Sanchez: All right. There's no nay. All right, let's fry to catch up on this -- Jesus. FR.2 07-00937 ORDINANCE First Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Marc DavidSarnoff ENTITLED "ZONING AND PLANNING," TO CREATE A NEW ARTICLE ENTITLED "MURAL REGULATIONS," CREATING DEFINITIONS; PROVIDING FOR SELECTION CRITERIA, CLASS I PERMIT REQUIREMENTS; PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT PROCESS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00937 Legislation.pdf 07-00937 PowerPoint - ElvisCruz.ppt 07-00937 Submittal Photos.pdf 07-00937 Legislation.pdf 07-00937-Submittal-PowerPoint Presentation by George Sanchez.pdf 07-00937-Submittal-Sarnoff Comparison.pdf CONTINUED Note for the Record: Please refer to FR.1 for minutes, motion and direction by the Commission regarding the mural ordinance. FR.3 07-01548 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 2/ARTICLE X, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/CODE ENFORCEMENT," AND CHAPTER 54/ARTICLE II OF THE CITY CODE ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION AND REPAIR," BY AMENDING SECTIONS, AS STATED HEREIN, CONCERNING THE REGULATION OF EXCAVATION WORK IN THE PUBLIC RIGHTS -OF -WAY TO CONFORM WITH THE FLORIDA CONSUMER CHOICE ACT OF 2007; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-01548 Legislation.pdf 07-01548 Summary Form.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones City ofMiami Page 132 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: All right. Do we want to move on --? We still don't have Commissioner Sanchez here. Do we want to go to SR.6 or do we want to deal with the board appointments? Commissioner Regalado: I'll do the board appointments. Commissioner Sarnoff We still have -- Vice Chair Spence -Jones: Okay. You want to do board appointments? Commissioner Sarnoff We still have first readings to go and stuff like that. Commissioner Regalado: Do we? Vice Chair Spence -Jones: No. We did all of that. Commissioner Sarnoff No. Vice Chair Spence -Jones: We only have one first reading. We can do the first reading number three, we can get that out of the way, amending Chapters 2 -- let's do that. Commissioner Sarnoff You got FR (First Reading) -- Vice Chair Spence -Jones: FR.3. That's all we have left. Commissioner Sarnoff Let's -- Vice Chair Spence -Jones: FR.3. Stephanie Grindell (Director, Public Works): FR.3 is an ordinance -- Vice Chair Spence -Jones: Your name for the record. Ms. Grindell: Oh, sorry. Stephanie Grindell, director of Public Works. Ifyou recall back in July, the City made changes to the streets and sidewalks section of the Code related to the Consumer Choice Act of 2007. The changes that are included in FR.3 are housekeeping items to modify these certain sections of the Code to get rid of conflicts between the existing Code and what we changed in July. Vice Chair Spence -Jones: Okay. Commissioner Regalado: Can I -- Vice Chair Spence -Jones: Okay. Sure. Any questions? Commissioner Regalado: Actually, I -- in the District 4 page, I had an item that is tied to this, and it is about unfinished work by public utilities. I show the Manager pictures because we -- as you know, we sent picture with the e-mail (electronic) of Comcast digging on 34th Avenue, and then just patching the sidewalk and the swale area, telling the people we're going to come back, and that has been there for month and month and month. Then we have AT&T (American Telephone & Telegraph) doing the same, and also WASA (Water and Sewer Authority) in Southwest 23rdAvenue and Southwest 24th Terrace, they do work; they don't finish the work. They break sidewalks and Swale areas, and even the street, do a patching, leave, and we have no control. The Manager also have the details of Comcast leaving a pole in the backyard of a resident on 39th Avenue. Florida Power & Light change the pole, but Comcast was using it, and City ofMiami Page 133 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 when they did the transfer, they left the pole just laying there. So these companies really need to be supervised because we do this with private contractors, you know. Ms. Grindell: Well, when it comes to Comcast, we are having a difficult time with them leaving wires hanging and wrapping them around the frees -- I mean, around the poles, et cetera. I'll be working to see ifI -- whatl can do about that particular item. I can say that when it comes to the restoration work, the utility company that we're having the most difficulty with is with WASA, and the reason being that WASA does not actually do their own repair work, their own restoration work. The Public Works Department of the County is the one who's responsible, and sometimes it can be as much as a year or two of lag and that's the area that we've been having the most difficulty with. And we are working the Department of Public Works of the County to see if there's any way that we can expedite those repairs. Commissioner Regalado: And you know -- and Mr. Manager, really, this is important because Stephanie just say that, you know, they're having problem with WASA and we are having a lot of problem with WASA. They don't finish. They just patch and leave, and we are getting a lot of complaints, the City, from residents that think that we are the ones that just broke the street and destroyed everything. And as you know -- you were involved -- somebody fell on Coral Way and 25th because FDOT (Florida Department of Transportation) contractor didn't finish and they left. They're doing the sidewalk. And the people were blaming the City. Of course, we need to -- we went and explain to them, but the fact of the matter is that a resident fell and injure herself very badly because FDOT confractor never finish the work, so -- Ms. Grindell: They didn't safe up the work. Commissioner Regalado: -- Comcast -- you know, Comcast, WASA, AT&T, FDOT confractor, we have really serious issues with them. Pedro G. Hernandez (City Manager): Commissioner, I'll personally reach out to Water and Sewer to get their attention on being more responsive to restoration, and we'll follow up on the other companies, Comcast, et cetera. Commissioner Regalado: Okay. Chair Sanchez: All right. Commissioner Regalado: I move the item. I -- FR.3. Chair Sanchez: Hold on. Let me get my bearings here. FR.3? Commissioner Regalado: FR.3. That's the only one left. Chair Sanchez: FR.3. It's a ordinance on first reading. There's a motion by Commissioner Regalado. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. It requires a public hearing. Anyone from the public wishing to address this Commission, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. No discussion from the Commission. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chair Sanchez: All right. Roll call. City ofMiami Page 134 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 FR.4 07-01555 Downtown Development Authority Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OFFENSES -MISCELLANEOUS," BY ADDING A NEW SECTION 37-8, ENTITLED "PANHANDLING PROHIBITED IN CERTAIN AREAS;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-01555 Legislation.pdf 07-01555 Cover Memo.pdf 07-01555 Pre-Legislation.pdf 07-01555 Map.pdf 07-01555 Ordinance Description.pdf CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, to continue item FR.4 to the Commission meeting currently scheduled for March 13, 2008. FR.5 07-00442a ORDINANCE First Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 36, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Marc DavidSarnoff ENTITLED "NOISE," TO REMOVE THE EXEMPTION FOR ACTIVITIES AND EVENTS AT CITY -OWNED FACILITIES AND TO CLARIFY CERTAIN TERMINOLOGY BY AMENDING SECTION 36-5, ENTITLED "SAME -HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00442a Legislation.pdf WITHDRAWN RESOLUTIONS RE.1 07-00438d RESOLUTION Office of the City A RESOLUTION, OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULT OF THE SPECIAL MUNICIPAL ELECTION FOR CHARTER AMENDMENT NO. 1. HELD ON JANUARY 29, 2008. 07-00438d memo official results.pdf 07-00438d certification official.pdf 07-00438d memo unofficial results.pdf 07-00438d certification unofficial.pdf City ofMiami Page 135 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-08-0078 Chair Sanchez: I'm going to try to catch up. All right. Let's -- why don't we go to RE.1. RE.1. Priscilla A. Thompson (City Clerk): Commissioners? Chair Sanchez: Yes. Ms. Thompson: That is just for you to accept the results -- Chair Sanchez: All right. Ms. Thompson: -- of the election for the -- Chair Sanchez: All right. Ms. Thompson: -- charter amendment 1. Chair Sanchez: RE.1 comes from the Office of the City Clerk, and it's just to accept the January 29 vote that approved the Citizens' Bill of Right [sic], which was approved by the voters of the City ofMiami. Is there a motion? Commissioner Regalado: Move it. Chair Sanchez: There's a motion by Commissioner Regalado, second by Vice Chair Spence -Jones. No discussion on the item. Anyone from the public wishing to address this item, although it's a resolution, I'm going to afford you the opportunity. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.2 07-01416 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney ACCEPTANCE OF SETTLEMENT FUNDS, IN THE AMOUNT OF $112,500, FROM THE CASE OF RIC-MAN INTERNATIONAL, INC., VS. THE CITY OF MIAMI, ET AL., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 98-13051 CA (13). 07-01416 Legislation.pdf 07-01416 Cover Memo.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0086 City ofMiami Page 136 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Regalado: RE.2. Priscilla A. Thompson (City Clerk): RE.2. Chair Sanchez: Yeah, RE.2 is from the -- Vice Chair Spence -Jones: Ric Man International. Chair Sanchez: Yeah. It's from the Legal Department, and I believe that the one that's always had an issue on this has been Commissioner Sarnoff. Commissioner Sarnoff I do. Chair Sanchez: Are you okay with it? Commissioner Sarnoff No. Chair Sanchez: All right. Let's -- say, listen, this -- we need to have all the Commissioners here. This item has been continued -- Commissioner Sarnoff No, no. We can hear it. I'm -- Chair Sanchez: -- three times, so we could either -- Commissioner Sarnoff (UNINTELLIGIBLE). Chair Sanchez: -- vote it up or down because I'm not going to continue it again. Commissioner Sarnoff No. I'm not asking for a continuance. Chair Sanchez: Okay. Commissioner Sarnoff I don't know if they want to put anything in the record, but -- Chair Sanchez: City -- Legal. Julie O. Bru (Deputy City Attorney): Yes. This is a resolution whereby the City would be accepting $112,500 as the settlement of a claim that we had. It arises out of a construction project to install the sewer mains to Watson Island. This was a dispute between the City, the contractor, the engineer, and this will result in the City receiving $112, 500. Commissioner Sarnoff Right. It's -- and just so you know, for my Commissioners, I've read this. I've worked very closely -- I think it was -- who is it, Christopher Green or --? Ms. Bru: Christopher Green. Commissioner Sarnoff Christopher Green. Commissioner Sarnoff Christopher Green, and I think we're close, but we're not there. I think there's more money to be had. I think the reading of the agreement is clear, and I think it's fruly in the City's favor. I think $112, 500 is still too low, and I think we can do better. So I make a motion to reject the resolution. Ms. Bru: Well, the CityAttorney's recommending the settlement based on the discovery that's City ofMiami Page 137 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 been had in the case, the rulings that have come from the court with respect to the issues -- Chair Sanchez: All right. Let's go ahead -- let's wait for the Commission. We're going to vote this either -- we're going to have a full Commission to vote on this. "[Later...]" Chair Sanchez: Okay. Are we at now the Commissioners' blue pages? No. Priscilla A. Thompson (City Clerk): You have RE.2. Chair Sanchez: RE.2, that was Commissioner Sarnoff, who ask -- Vice Chair Spence -Jones: We did all of that already. Chair Sanchez: Now he's in the bathroom? Vice Chair Spence -Jones: We did -- Unidentified Speaker: Restroom. Vice Chair Spence -Jones: -- RE.2 already. Chair Sanchez: Restroom. Ms. Thompson: No, no. Chair Sanchez: No, no, no, no, no. He -- we -- listen, there's a settlement that has been in front of us like for three meetings, the Ric [sic] case, is that the one? Jorge L. Fernandez (City Attorney): Ric Man. Chair Sanchez: Ric -man. All right. Commissioner Gonzalez: Ric Man. Chair Sanchez: Let's -- Vice Chair Spence -Jones: I thought we dealt with that. Chair Sanchez: We need to vote on that. Vice Chair Spence -Jones: We dealt with it already. Ms. Bru: (UNINTELLIGIBLE) was not voted on. Chair Sanchez: It was not voted on. Well, that's Commissioner Marc Sarnoff. "[Later...]" Chair Sanchez: All right. Listen, before we get to this issue, RE.2, we have to bring up the Ric Man case, and the issue is, this item has been come up three times in this Commission and we -- it's been continued by Commissioner Sarnoff and we neither -- need to vote it up or vote it down or -- what -- how do you want to handle this? City ofMiami Page 138 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 RE.3 08-00088 Department of Capital Improvements Program Commissioner Sarnoff I will -- I spoke to the City Attorney about an hour ago; he corrected one of my misunderstandings. I'm ready to support the motion. Chair Sanchez: All right. Is there a motion for RE.2? It's a resolution. Commissioner Sarnoff So -- Chair Sanchez: There's a motion by Commissioner Sarnoff. Vice Chair Spence -Jones: Second. Commissioner Regalado: Second. Chair Sanchez: Second by Vice Chair Spence -Jones. It's a resolution. It is a settlement. Anyone from the public wishing to address the item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission for a vote. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE "CONSTRUCTION MANAGER AT RISK AGREEMENT" DATED JANUARY 3, 2006, WITH JAMES B. PIRTLE CONSTRUCTION COMPANY, INC., FOR THE PROVISION OF CONSTRUCTION MANAGEMENT AT RISK SERVICES, FOR THE "LITTLE HAITI PARK CULTURAL CENTER, PROJECT NO. B-30295," TO AUTHORIZE ADDITIONAL MANAGEMENT SERVICES FOR EXTERIOR REFURBISHING OF THE HAITIAN MARKETPLACE, IN AN AMOUNT NOT TO EXCEED $226,687, CONSISTING OF THE PROPOSED $197,119, PLUS A $29,568, OWNER'S CONTINGENCY, THEREBY INCREASING THE GUARANTEED MAXIMUM PRICE OF THE AGREEMENT FROM $14,160,000, TO AN AMOUNT NOT TO EXCEED $14,386,687; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-30295. 08-00088 Legislation.pdf 08-00088 Exhibit.pdf 08-00088 Exhibit2.pdf 08-00088 Exhibit3.pdf 08-00088 Summary Form.pdf 08-00088 Text File Report.pdf 08-00088 Master Report.pdf 08-00088 Master Report2.pdf 08-00088 GMP Amendment.pdf 08-00088 GMP Amendment2.pdf 08-00088 Agreement.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 139 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-08-0079 Chair Sanchez: All right. RE.3. RE.3 is a resolution, and that comes to us by the Department of Capital Improvement Program. Ola O. Aluko (Director, Capital Improvements Program): That's correct. Chair Sanchez: Sir, you're recognized for the record. Mr. Aluko: Good afternoon, Chair and Board. This resolution authorizes the City Manager to execute an amendment number four to the existing Construction Manager at Risk Agreement with the James B. Pirtle Construction Company. This amendment is in the amount of $226, 687, and the work is to refurbish the exterior of the Little -- of the Caribbean Marketplace. The work was anticipated; however, no funding source was available at the time, and we have since found the funding source and we're asking for the amendment. Chair Sanchez: All right. Is there a motion? It's a resolution. Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a motion. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Motion is made by Vice Chair Spence -Jones, second by Commissioner Regalado. Discussion on the item. Vice Chair Spence -Jones: Yeah. Just want to just make -- have Ola -- because I know that there were some questions or concerns at one time or the other about Little Haiti Park, but I just want you to be very clear on the record as to this being actually -- I know you mentioned already that it's for the Little Haiti Marketplace project. Mr. Aluko: The Caribbean Marketplace. Vice Chair Spence -Jones: Right. And that these dollars were already set aside from the County to actually refurbish the building, and the dollars that were identified from the bond in the beginning was just for the cultural complex and for the soccer park, not for the refurbishing of the Caribbean Marketplace. Mr. Aluko: Yes. Everything -- but just a slight clarification. The dollars for the cultural com -- the cultural center and the soccer park was bond dollars. Vice Chair Spence -Jones: Right. Mr. Aluko: The dollars anticipated from the County was anticipated. However, we're using sunshine state dollars for this, and you are correct. The Caribbean Marketplace was never part of the original scope of the project. Vice Chair Spence -Jones: Okay. I just want to make sure it's clear. Chair Sanchez: All right. There is a motion and a second. Anyone from the public wishing to address this item? Seeing none, hearing none, the public hearing is closed. It's a resolution. All in favor, say "aye." City ofMiami Page 140 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, RE.3, which is a resolution, has been approved, 4/0. Mr. Aluko: Thank you. RE.4 08-00089 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Finance ATTACHMENT(S), AUTHORIZING THE NEGOTIATION AND BORROWING OF AND APPROVING A LOAN, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED FIFTEEN MILLION DOLLARS ($15,000,000) (THE "LOAN"), FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION, FOR THE PURPOSES OF FINANCING, REFINANCING, OR RECEIVING REIMBURSEMENT FOR THE COSTS OF THE ACQUISITION, CONSTRUCTION, AND/OR EQUIPPING OF THE PROJECTS AND FOR PAYING THE COSTS OF ISSUANCE RELATED TO THE LOAN AND APPROVING THE FINANCING OF THE PROJECTS FROM THE PROCEEDS OF THE LOAN, INCLUDING REIMBURSEMENT OF EXPENDITURES PREVIOUSLY MADE FOR SUCH PURPOSES; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER A LOAN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SUCH CHANGES, INSERTIONS, AND OMISSIONS, AS MAY BE APPROVED BY THE CITY MANAGER AFTER CONSULTATION WITH THE CITY ATTORNEY; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND ALL OTHER NECESSARY CITY OFFICIALS TO EXECUTE AND DELIVER ALL OTHER DOCUMENTS, INSTRUMENTS, AND CERTIFICATES IN CONNECTION WITH THE LOAN FOR THE PROJECTS; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF THE LOAN; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER AND APPROVING THE AMENDING AND RESTATING OF LOAN AGREEMENTS DATED AS OF SEPTEMBER 1, 1987, JANUARY 1, 1988, MAY 1, 1988, AND JUNE 30, 1995, RESPECTIVELY, ALL BETWEEN SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION AND THE CITY OF MIAMI, FLORIDA; AUTHORIZING ALL REQUIRED ACTIONS; APPROVING, CONFIRMING, AND RATIFYING ALL OTHER ACTIONS TAKEN BY CITY OFFICIALS TO DATE IN CONNECTION WITH OBTAINING THE LOAN; AND PROVIDING AN EFFECTIVE DATE. Votes: 08-00089 Legislation.pdf 08-00089 Exhibit.pdf 08-00089 Exhibit 2.pdf 08-00089 Exhibit 3.pdf 08-00089 Summary Form.pdf 08-00089 Pre-Legislation.pdf Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-08-0085 City ofMiami Page 141 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Government Financial Commission. You're recognized for the record. Diana Gomez: Diana Gomez, Finance director. This is a resolution authorizing the borrowing and approving a loan in an amount not to exceed $15 million from the Sunshine State Governmental Finance Commission for the purpose of financing, refinancing or receiving reimbursement for the cost of acquisition, construction and/or equipping the projects and for paying the cost of issuance related to the loan and approving the financing of the projects from the proceeds of the loan, including reimbursement of expenditures previously made for such purposes. Chair Sanchez: All right. Is there a motion? Commissioner Regalado: Move it. Chair Sanchez: There's a motion by Commissioner Regalado. Need a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by Vice Chair Spence -Jones. Discussion on the item. Hearing no discussion, anyone from the public wishing to address this item? The public hearing is opened. Public hearing is closed; coming back to the Commission. Hearing no discussion on the item, it's a resolution, RE.4. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 4/0. RE.5 08-00090 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "EPA BROWNFIELDS ASSESSMENT GRANTS PROJECT FOR WYNWOOD AND ALLAPATTAH," AND APPROPRIATING FUNDS, IN THE AMOUNT OF $400,000, CONSISTING OF GRANT AWARDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, IN THE AMOUNT OF $200,000, WILL BE USED TO ASSESS POTENTIAL PETROLEUM -CONTAMINATED SITES AND THE AMOUNT OF $200,000, WILL BE USED TO ASSESS POTENTIAL HAZARDOUS SUBSTANCE CONTAMINATION OR HAZARDOUS/PETROLEUM-MIXED CONTAMINATED SITES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE COOPERATIVE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARDS. 08-00090 Legislation.pdf 08-00090 Exhibit.pdf 08-00090 Exhibit2.pdf 08-00090 Exhibit3.pdf 08-00090 Exhibit4.pdf 08-00090 Summary Form.pdf 08-00090 E-mail.pdf 08-00090 Approval Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez City ofMiami Page 142 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 R-08-0080 Chair Sanchez: RE.5. RE.5 is the City Manager's Office, and this is pertaining to a grant project for Wynwood and Allapattah, in the amount not to exceed $400, 000. Just state your name and department for the record. Glendon Hall (Assistant Director, Economic Development): Glendon Hall, City Manager's Office. Good afternoon, Commissioners. This resolution is to accept two grants totaling $400, 000 from the EPA (Environmental Protection Agency) to conduct environmental assessments in Wynwood and Allapattah for the purpose of enhancing the health and welfare of the residents and to spur redevelopment of abandoned, unutilized [sic] sites in these areas. This grant is in addition to the existing 400,000 EPA grant currently being managed in Little Haiti for the same purpose. Vice Chair Spence -Jones: So moved. Chair Sanchez: Okay. There's a motion. Second? Commissioner Sarnoff Second. Chair Sanchez: All right, second. Discussion on the item. I have a discussion. This is -- basically, this grant allows us to assess all those properties in brownfield, right, properties that are contaminated, properties that could be purchased for a lower price if we were to purchase the property? Mr. Hall: Well, it all depends, of course, on the owner, but this is really pertaining to the industrial areas of the City. We have a lot of properties that have been abandoned or -- Chair Sanchez: Well -- Mr. Hall: -- underutilized, so we're doing assessments -- doing basically a -- an inventory of the area to understand which sites have contamination and which sites don't, and so we can have funding available to do assessments on properties to incentivize them being put back on the tax rolls and redeveloped. Chair Sanchez: And, look, I'm all in favor of that. That adds money to the City. Any time that you could get a property that's underutilized and it has the capacity to generate jobs and revenue for the City, it's great. Mr. Hall: Got it. Chair Sanchez: But here's another angle we need to look at. We need to look at some of these properties that are contaminated right now, which we could possibly buy at a low price when we're talking about the City's focusing on generating money to buy parkland and acquisition. Those are the properties that we could possibly buy at a low price, then seek grants to clean up those properties and convert them into parks. Mr. Hall: That is a possibility. Chair Sanchez: All right. That's -- Mr. Hall: They're generally in industrial areas, so I'm not sure how -- well, that could be seen. Chair Sanchez: Hey, you know, there's parks all over the United States in industrial areas. People like to, you know, get off work and play basketball and, you know, before they go home, City ofMiami Page 143 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 you know, exercise in a way. I just think we -- Mr. Hall: Okay. Chair Sanchez: -- need to start thinking outside the box when we have an opportunity like this. I'm all in favor of this grant. Commissioner Gonzalez: I -- Chair Sanchez: All right. Commissioner Gonzalez: -- do have questions. I heard you mention, as I was walking in, Allapattah. Chair Sanchez: Wynwood andAllapattah. Commissioner Sarnoff Yes. Mr. Hall: Wynwood andAllapattah. Vice Chair Spence -Jones: Wynwood andAllapattah. Commissioner Gonzalez: Wynwood andAllapattah. What properties are you talking about in Allapattah? Mr. Hall: It's all in the industrial -zoned area ofAllapattah. Commissioner Gonzalez: But what properties are you talking about? Mr. Hall: We don't know yet. We're doing an -- Vice Chair Spence -Jones: Maybe you can help them identify 'em [sic]. Mr. Hall: -- assessment of all the different properties within that industrial area. In Allapattah, especially, you have properties where -- you know, before --Allapattah is a little bit unique in the City whereby you had a residential area and then converted into an industrial area, so you still actually have some single-family homes that are by -- beside -- Commissioner Gonzalez: Whoa, whoa, whoa. Wait. Slow, slow, slow. We had some residential areas converted into industrial areas? Mr. Hall: This took over years, years and years where you still have single-family homes beside properties that are operating -- recycling batteries, things like that that are in Allapattah right now, so -- Chair Sanchez: You do. Vice Chair Spence -Jones: So this grant would clean up those areas so that -- Mr. Hall: It will recognize those areas and provide, you know, funding for cleanup of these properties. Chair Sanchez: Is he going to have to show you? Commissioner Gonzalez: Yeah. I would like to -- City ofMiami Page 144 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Mr. Hall: I was thinking that. Commissioner Gonzalez: -- have more information on this -- Mr. Hall: Oh, yeah. You'll -- definitely. Commissioner Gonzalez: -- before I can vote on this. Chair Sanchez: All right. Commissioner Gonzalez: So, if you don't mind, I would like to defer the item. Chair Sanchez: All right. Who made the motion to approve? Vice Chair Spence -Jones: Okay. Let me just ask -- because part of that is also in the Wynwood area, so -- Mr. Hall: Yes. Vice Chair Spence -Jones: -- I don't want to wait on mine, so can I just ask this question? I mean, is -- just so the -- Commissioner Gonzalez just came out, so he didn't have the full understanding of the overall briefing. Mr. Hall: Correct. Vice Chair Spence -Jones: This is not identified for a particular property, correct? Mr. Hall: No. Vice Chair Spence -Jones: This is just accepting a particular grant, correct? Mr. Hall: It's a area -wide -- for the area -- Vice Chair Spence -Jones: Right. Mr. Hall: -- not the specific property. Vice Chair Spence -Jones: But you can't -- can you put on the record, Glenn, that you will work along with both Commissioners that represent this area before you identify the target areas for cleanup? Mr. Hall: Yes, we can do that. Yeah. That's fine. Vice Chair Spence -Jones: Can we do that, Commissioner Gonzalez? Commissioner Gonzalez: What's that again? Vice Chair Spence -Jones: Can Glenn's office work hand in hand with your office -- Commissioner Gonzalez: You know, I -- Vice Chair Spence -Jones: -- and my office? I just don't want to lose any (UNINTELLIGIBLE). I (UNINTELLIGIBLE). City ofMiami Page 145 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Gonzalez: -- have a serious problem with all of this cleaning up of contamination because I was beaten by this dog long time ago with the Grapeland Park and also with Fern Isle Park, okay? We spent close to $10 million cleaning up Grapeland Park, and I was told that that could have been avoided if we would have had cap this contamination, all right. Now I receive some information in my office, something going on about Melreese Golf Course. I don't know what it is about yet, but would like to be consulted. And would like to, you know, have a meeting in reference to Grapeland -- I mean -- Mr. Hall: Melreese. Commissioner Gonzalez: -- Melreese Golf Course because I don't know what's going on, and you know, they're -- we putting up -- putting money aside to do all of this clean up, and you know, I don't know what properties we talking about. I don't know what sector we talking about. And every time I hear about contamination and, you know -- to me this is a business. To me, it's a business, okay? And there are people out there looking for a way to make money. And let me tell you, I was hit pretty bad in Grapeland Park, $10 million. The City was hit by $10 million on something that could have been avoided. That's what was told. I'm not an expert, but that's what was told. Vice Chair Spence -Jones: I guess -- not -- okay. Let me -- Commissioner Gonzalez: And I'm going to give you a perfect example. Commissioner Sarnoff they had assign $9.5 million to clean up Fern Isle Park, okay? And that was at the beginning when I first got elected Commissioner. You know what told them? I said, for $9 million, I would clean it up myself okay. Vice Chair Spence -Jones: No, don't clean it up yourself. Commissioner Gonzalez: And I will build a park, and I will have left -- money left to give to another park in the City ofMiami. When I took that position, you know how much did it cost to clean up that park? Seven hundred and fifty thousand dollars, all right? So that's why every time I hear about, you know, pollution and all of that, I jump, I jump. Commissioner Sarnoff It's big business. Commissioner Gonzalez: And all I'm asking is information. All I'm asking is I want information. Vice Chair Spence -Jones: And Commissioner Gonzalez, you should definitely have all the information before you vote on any item. I just want to clear up something, though, just so that Glenn is not standing at the mike and taking, you know, the brunt of all this. Because I know that your department was not responsible for cleaning up or involved in the actual Grapeland project, correct? Mr. Hall: Right. Vice Chair Spence -Jones: Okay. I just want to make sure because I know if anybody's just sitting there watching it, it would almost appear that your department was probably perhaps the department that was responsible, and I'm sure that's not what Commissioner Gonzalez is saying. He's just simply making a statement that he does not want to have a situation where we say it's going to be one cost and, really, it's actually less than that. Because companies do, you know, get away with that at times. On my end, I have had a great experience with the EPA clean ups in my district for the gas stations and some of the work that has been done in Little Haiti, and many of the businesses that have -- had the opportunity to get this grant have been thankful -- Mr. Hall: Yes. City ofMiami Page 146 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: -- and have been blessed to have it, so when you see me sitting on the edge of my seat, it's because I know that it's been very helpful for me and my disfrict. I would like to ask, Commissioner Gonzalez, that your portion of it, the Allapattah portion of it, that we bring that part of it back, butt would definitely want -- the folks in Wynwood at this point, at least in the section in which you're going to be serving that is a part of my disfrict, not necessarily Commissioner Sarnoffs, really need as much support as they can get in the area. They really feel as though they're being left behind and nothing's happening for them in the Wynwood area -- and we can't. Is that what you're saying, Mr. Manager? We can't separate the two? Pedro G. Hernandez (City Manager): Commissioner -- no. What I want to clarify is this is a grant that is coming to us to do environmental assessment. Locations within, for example, Allapattah, Wynwood, they have not been identified. Vice Chair Spence -Jones: Okay. Mr. Hernandez: So what I would proffer to the Commissioner is that allow for the money to be accepted and placed in a new special revenue fund and -- Vice Chair Spence -Jones: And then get with us. Mr. Hernandez: -- then we'll work with his office reference the locations and the plan in Allapattah. Vice Chair Spence -Jones: Would you be okay with -- Commissioner Gonzalez: All right. Vice Chair Spence -Jones: -- that? Commissioner Gonzalez: I'll accept that. Vice Chair Spence -Jones: Okay. So in other -- so we already had a motion, right, Madam Clerk, and a second? Priscilla A. Thompson (City Clerk): Yeah, but the problem is you're now Chair, and you were the one -- the mover, so you may need to -- Commissioner Sarnoff I'll move. Vice Chair Spence -Jones: So do we have to withdraw, Madam --? Ms. Thompson: If -- are you making a new motion to --? Commissioner Sarnoff I'm doing whatever the Clerk says I should do. Commissioner Regalado: To defer. Vice Chair Spence -Jones: No. He just -- Commissioner Regalado: To continue. Commissioner Gonzalez: There is a motion to accept the grant, not to spend the money. Accept the grant. City ofMiami Page 147 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Sarnoff I'll so move to accept the grant. Commissioner Regalado: Oh. Vice Chair Spence -Jones: Do I have a motion? I mean, do I have a second? Commissioner Gonzalez: Yeah, I second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. Mr. Hall: Yeah. Thank you. Vice Chair Spence -Jones: Okay. Sure. RE.6 08-00123 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF LAWRENCE KRANTZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $116,245, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, EXCLUDING PERMANENT TOTAL DISABILITY BENEFITS, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 08-00123 Legislation.pdf 08-00123 Cover Memo.pdf 08-00123 Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0081 Vice Chair Spence -Jones: All right. We're going to move on to RE.6. This is a settlement, Lawrence Krantz. Anybody -- Jorge L. Fernandez (City Attorney): Yes. Vice Chair Spence -Jones: -- from work --? Mr. Fernandez: Madam Vice Chairman [sic], Commissioners, item 6, 7, and 8 are settlement of three workers compensation claims. You have each been individually briefed with regard to these cases. The magnitude of the settlement may seem high, given the fact that we bring to you City ofMiami Page 148 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 otherwise settlement for much lesser amount, but these are all very serious workers compensation cases that have been laying around literally for years, some of them 20 years plus. The exposure of the City in the past has been significant, and what we're frying to do, as we tackle all of your workers compensation issues, is look at ways of reducing the future exposure. So, for example, in RE.6, in settling for this amount of $116, 000, we believe that over -- we would have had to paid over the projected life of this individual well in excess, perhaps, of half a million dollars, so successively like that in each of these three items. And you need to take separate votes on each of them. The City is realizing substantial savings presently and certainly prospectively. Vice Chair Spence -Jones: Any questions on this item? Commissioner Sarnoff No. I will say this to this Commission. I completely applaud the City Attorney and the work on all of the resolutions regarding the settlements for workers comp. I wouldn't have thought you could have done such a good job, so I completely applaud you on this. You did a great job. Your office did a great job. And you're doing a great work on workers comp. I'll move to approve -- Commissioner Regalado: Second. Commissioner Sarnoff -- we're going to -- RE.6, is it? Vice Chair Spence -Jones: Yes. Mr. Fernandez: Yes. Commissioner Sarnoff Can we do them -- we can't do RE.6, RE -- Mr. Fernandez: You can do one vote for all three if you're of the same mind, and then the Clerk would record them as separate -- Priscilla A. Thompson (City Clerk): No. Commissioner Sarnoff I would agree, RE.6, RE.7. Commissioner Regalado: No, no, no. Ms. Thompson: No. I'm sorry. Because of our electronic system, we need an individual -- Mr. Fernandez: Okay. Vice Chair Spence -Jones: So all in favor of RE.6? Ms. Thompson: I'm sorry. Commissioner Regalado: Aye. Ms. Thompson: Your mover was? Commissioner Gonzalez: Aye. Vice Chair Spence -Jones: Mover was Commissioner Sarnoff, second was Commissioner -- Commissioner Gonzalez: Regalado. City ofMiami Page 149 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: -- Regalado. Ms. Thompson: Thank you. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. RE.7 08-00128 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF VINCENT FARRELL, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $289,255.72, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 08-00128 Legislation.pdf 08-00128 Cover Memo.pdf 08-00128 Memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0082 Vice Chair Spence -Jones: We move on to RE.7. Commissioner Gonzalez: Move RE.7. Commissioner Sarnoff Second. Commissioner Regalado: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. RE.8 08-00129 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF FRANK BEZANILLA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, City ofMiami Page 150 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 FLORIDA STATUTES, THE TOTAL SUM OF $185,900, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 08-00129 Legislation.pdf 08-00129 Cover Memo.pdf 08-00129 Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0083 Vice Chair Spence -Jones: Move on to RE.8. Commissioner Sarnoff So move. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. RE.9 08-00156 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AUTHORIZING AN INCREASE OF $145,000 IN THE PREVIOUSLY AUTHORIZED AMOUNT OF $775,000 FOR THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH EDWARD D. STONE, JR. AND ASSOCIATES, INC. D/B/A EDSA FOR WORK REQUIRED FOR MASTER PLANNING SERVICES FOR THE VIRGINIA KEY PROJECT AND PLANNING ALTERNATIVES TO THE VIRGINIA KEY BEACH PARK TRUST, INCREASING THE NEW TOTAL AUTHORIZED AGREEMENT AMOUNT NOT TO EXCEED $920,000, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, WITH FUNDING TO BE APPROPRIATED FROM PLANNING ACCOUNT NO. 00001.351000.531000.0000. City ofMiami Page 151 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 08-00056 Legislation.pdf 08-00056 Exhibit.pdf 08-00056 Exhibit 2.pdf 08-00056 Exhibit 3.pdf 08-00056 Exhibit 4.pdf 08-00056 Exhibit 5.pdf 08-00056 Exhibit 6.pdf 08-00056 Exhibit 7.pdf 08-00056 Exhibit 8.pdf 08-00056 Exhibit 9.pdf 08-00056 Exhibit 10.pdf 08-00056 Exhibit 11.pdf 08-00056 Exhibit 12.pdf 08-00056 Exhibit 13.pdf 08-00056 Exhibit 14.pdf 08-00056 Summary Form.pdf WITHDRAWN RE.10 08-00130 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Office PROVISION OF IN -KIND SERVICES, TO THE CARNAVAL DE LAS AMERICAS, FROM THE DEPARTMENTS OF POLICE, FIRE -RESCUE AND SOLID WASTE, IN AN AMOUNT TO BE DETERMINED BY THE CITY MANAGER AND APPROVED BY THE CITY COMMISSION, TO HELP DEFRAY THE COSTS ASSOCIATED WITH HOSTING THE 2008 CARNAVAL DE LAS AMERICAS EVENT, TO BE HELD ON DECEMBER 31, 2008, IN THE CITY OF MIAMI. 08-00130 Legislation.pdf 08-00130 Summary Form.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0084 Vice Chair Spence -Jones: RE.9 was withdrawn. RE.10, which is Carnaval De Las Americas. Mr. Manager. Pedro G. Hernandez (City Manager): Thank you, Commissioner. This is an item that we have done briefings with the Commissioners, maybe except yourself. We haven't been able to brief you specifically on it. It's -- an opportunity has been presented to the City to bring back a signature event for New Year's Eve in the City ofMiami with the name of Carnival De Las Americas. What you have before you today is an endorsement of the event so the promoters can then proceed to try to obtain a national TV (Television) broadcast, and also -- Vice Chair Spence -Jones: But it's not for dollars, though. We're not approving any dollars attached to it. It's just for them to be able to use our name? Mr. Hernandez: Well, we are committing in -kind services, which is Police, Fire, and Solid Waste. City ofMiami Page 152 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: Well, I -- Mr. Manager, I'm going to be honest with you. I have not fully been briefed on this, and you know -- and you said it yourself. Mr. Hernandez: Well -- Vice Chair Spence -Jones: I haven't been briefed at all on it. Mr. Hernandez: -- we have -- Commissioner Regalado: I was briefed. Mr. Hernandez: But we have -- Commissioner, we have -- we did fry. We did try. Vice Chair Spence -Jones: Mr. Manager, you saw me yesterday. Mr. Hernandez: Right. Vice Chair Spence -Jones: We went threw the -- we had an agenda briefing yesterday. Did we not have an agenda briefing yesterday? Mr. Hernandez: Yes, we did. Vice Chair Spence -Jones: Okay, so when -- don't make it seem -- please don't -- Mr. Hernandez: I know, but what I'm -- Vice Chair Spence -Jones: -- make it appear that you tried to get with me on this item because this item did not come up. Mr. Hernandez: It didn't come up at our briefing, but I did try. Prior to that, I did fry. Vice Chair Spence -Jones: Yeah, but -- Mr. Hernandez: Because we had -- Vice Chair Spence -Jones: -- yesterday we had a briefing on all -- Mr. Hernandez: Right. Vice Chair Spence -Jones: -- of the Commission items, and I was very clear in that. And I asked you is there anything else on here that you need to brief me on. Mr. Hernandez: That I missed, Commissioner, but we did try when we had the promoters down here a full presentation, and I missed you at that time. Commissioner Regalado: Madam Chair, ifI may. I was brief several weeks ago because the people were here and I was given a presentation. I think that this is a good thing for the City of Miami. And, you know, I think that we should give at least the endorsement because that way, they will have time to make deals with the networks. If we were to delay this one, it would probably cost for them not to have any deals because the networks and the local TV for broadcast purposes and sales need to have before March or April something said in terms of special events, if they want to do it. I'm just saying this because I saw the presentation, and the presentation is good. They are committed to get the funding for the whole show, carnival, whatever, and you know, we are going to wind up doing what we do for any parade, you know, Police, Fire, and all that. And I think it will be a good thing that put Miami in the map. City ofMiami Page 153 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Vice Chair Spence -Jones: Well, Commissioner Regalado -- and I apologize to -- Mr. Hernandez: No, no. Vice Chair Spence -Jones: -- you, Mr. Manager -- Mr. Hernandez: No, no. IfI -- Vice Chair Spence -Jones: -- because it has been brought to my attention -- Mr. Hernandez: I had an opportunity. Vice Chair Spence -Jones: -- that you have -- that someone from your office was trying to meet with me to give me the full briefing and presentation -- Mr. Hernandez: Commissioner, it's -- Vice Chair Spence -Jones: -- so when -- Mr. Hernandez: -- my fault. Vice Chair Spence -Jones: -- I'm wrong, I will apologize. Mr. Hernandez: I could have done it yesterday, and I missed it. Vice Chair Spence -Jones: Okay, not a problem, and I'm going to respect my colleague, Commissioner Regalado, on this particular issue. You've been fully briefed on it. You feel comfortable. You know media and you know marketing. You think this is going to be great for the City. Commissioner Regalado: I think so. Vice Chair Spence -Jones: So I support that 100 percent, so I have no issues on it. Mr. Hernandez: Thank you. Commissioner Regalado: Okay. Vice Chair Spence -Jones: So we have a -- Commissioner Regalado: I move the -- Commissioner Sarnoff Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. Commissioner Gonzalez: It's definitely going to be a good event. Vice Chair Spence -Jones: Okay. City ofMiami Page 154 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Gonzalez: I mean, it's -- Vice Chair Spence -Jones: Okay. Do we --? Commissioner Gonzalez: -- going to be broadcast nationwide, so -- BOARDS AND COMMITTEES BC.1 07-01218 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 07-01218 memo.pdf 07-01218 members.pdf CONTINUED NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to continue items BC.1 through BC.12 to the Commission meeting currently scheduled for March 13, 2008. Chair Sanchez: So where are we at, Madam Clerk, because I've lost --? Commissioner Regalado: Mr. Chairman, can I ask, when are we going to deal with the City Attorney's letters [sic] of resignation? Chair Sanchez: Well, we're going to deal with that. That's an issue that we have to deal, but let's get through some of the items on the agenda. Commissioner Gonzalez: I think we're done, right? Chair Sanchez: No, we're not. No, we're not. Commissioner Gonzalez: We have the -- Commissioner Regalado: Appointments. Commissioner Gonzalez: -- boards and committee. Commissioner Regalado: Appointments. Chair Sanchez: Well, why don't we defer -- let's do something. Let's defer all the appointments, City ofMiami Page 155 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 the board appointments. Where's Commissioner Sarnoff? Is he okay with it? Let's defer all the Commissioner Gonzalez: I'll move to defer all the board appointments. Chair Sanchez: Okay. There's a motion by Commissioner Gonzalez to defer -- to continue -- Commissioner Gonzalez: To continue, I'm sorry. Chair Sanchez: -- to the next meeting the board and committees' appointment. Is there a second? Commissioner Gonzalez: I stand corrected. Commissioner Regalado: Second. Vice Chair Spence -Jones: Second. Chair Sanchez: Second by Commissioner Regalado. Any discussion? No. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Okay. That takes care of that. We've taken the SRs (Second Readings) out. BC.2 08-00023 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Janet McAliley Civilian Investigative Panel Timothy C. Moore Civilian Investigative Panel Hector Schwerert Civilian Investigative Panel Bess L. McElroy Civilian Investigative Panel 08-00023 memo.pdf 08-00023 members.pdf 08-00023-CIP Memo.pdf CONTINUED Note for the Record: Please refer to item BC.1 for motion and minutes referencing this item. BC.3 08-00037 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS City ofMiami Page 156 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Chair Joe Sanchez (Restoration Architect) (Citizen) (Real Estate Broker) (Landscape Architect) (Architectural Historian) (Alternate) (Business/Finance/Law) (Architect) (Citizen) 08-00037 memo.pdf 08-00037 members.pdf 08-00037 HEP Applications.pdf CONTINUED Chair Joe Sanchez Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commissioner Tomas Regalado Commissioner Tomas Regalado Note for the Record: Please refer to item BC.1 for motion and minutes referencing this item. BC.4 08-00040 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff City ofMiami Page 157 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff 08-00040 memo.pdf 08-00040 members.pdf CONTINUED Note for the Record: Please refer to item BC.1 for motion and minutes referencing this item. BC.5 08-00042 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-00042 memo.pdf 08-00042 members.pdf CONTINUED NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones Commissioner Marc David Sarnoff Note for the Record: Please refer to item BC.1 for motion and minutes referencing this item. BC.6 08-00043 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commission -at -Large Commission -at -Large Commission -at -Large City ofMiami Page 158 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 08-00043 memo.pdf 08-00043 members.pdf CONTINUED Note for the Record: Please refer to item BC.1 for motion and minutes referencing this item. BC.7 08-00044 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: 08-00044 memo.pdf 08-00044 members.pdf CONTINUED NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Note for the Record: Please refer to item BC.1 for motion and minutes referencing this item. BC.8 08-00045 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Joe Sanchez Chair Joe Sanchez Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff City ofMiami Page 159 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Tomas Regalado Commissioner Tomas Regalado Mayor Manuel Diaz 08-00045 memo.pdf 08-00045 members.pdf CONTINUED Note for the Record: Please refer to item BC.1 for motion and minutes referencing this item. BC.9 08-00046 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-00046 memo.pdf 08-00046 members.pdf CONTINUED NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Marc David Sarnoff Note for the Record: Please refer to item BC.1 for motion and minutes referencing this item. BC.10 08-00047 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-00047 memo.pdf 08-00047 members.pdf CONTINUED NOMINATED BY: Commissioner Tomas Regalado Commission -at -Large Note for the Record: Please refer to item BC.1 for motion and minutes referencing this item. City ofMiami Page 160 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 BC.11 08-00048 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-00048 memo.pdf 08-00048 members.pdf 08-00048-Applications. pdf CONTINUED NOMINATED BY: Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Tomas Regalado Note for the Record: Please refer to item BC.1 for motion and minutes referencing this item. BC.12 08-00049 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-00049 memo.pdf 08-00049 members.pdf CONTINUED NOMINATED BY: Chair Joe Sanchez Commissioner Marc David Sarnoff Note for the Record: Please refer to item BC.1 for motion and minutes referencing this item. MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 City ofMiami Page 161 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 COMMISSIONER ANGEL GONZALEZ D1.1 08-00121 DISCUSSION ITEM DISCUSSION OF EXCESIVE NOISE AFTER 11:00 P.M. IN RESIDENTIAL AREAS AND CITY'S RESPONSE TO SUCH COMPLAINTS. 08-00121 E-mail.pdf DISCUSSED Chair Sanchez: Let's go to the -- let's go to DI [sic]. Commissioner Gonzalez, you're recognized with DI [sic]. Commissioner Gonzalez: My items are simple. Chief Fernandez, I have serious complaints, specifically in Allapattah of incidents that are happening on weekends, starting on Friday after - - Friday nights and they go until 4 or 5 a.m. in the morning; people drinking, having parties at home, you know, excessive noise. They call -- the neighbors call the police; the police go to the place; the police stop the music or make them lower the music. As soon as the police left -- leave, they raise the music again. And we have had some instances where police has to go -- have to go three times to these homes. And I don't know if we have any laws in the books that we can go one time, put them on notice, and the second time arrest them or give them a $500 fine or a $1, 000 fine, or whatever, but until we do some serious informing -- enforcement, this is not going to end and this is not going to stop. And we don't have those many resources that we can afford to send a police officer three times to a family house that don't care about their neighbors, don't respect the law, and much less respect an officer, a sworn police officer that go to the door of their house to, you know, call their attention of something that they're doing that is not right. So I don't know ifI could be helped on that. I could provide you the addresses, and you know, the complainants. Deputy Chief Frank Fernandez: Frank Fernandez, deputy chief Miami Police. Commissioner, absolutely. There's two actually laws. One is a City ordinance and one is a County ordinance. Commissioner Gonzalez: Okay. Deputy Chief Fernandez: Both are prohibiting noise. Certainly, our officers have discretion because that is what they call a misdemeanor violation. They will go to the residence, as you said, and typically they would tell them please lower the music. They typically do not go out there and arrest on the first violation. If they're called back, then they certainly have an option of again, giving them a warning, or obviously, making the arrest, which is a County or a City ordinance violation and we certainly pursue that. We also monitor the repeat call locations every month, so if that call comes up on a repeat call location, we send the neighborhood resource officer out there to address that issue so that the officers don't have to respond again. What I would ask, if you give me the address, then we would definitely have the area commander look it up, follow up to make sure that we address those specific issues accurately. Commissioner Gonzalez: Okay. I will provide you with the addresses because it's the same three or four houses every weekend, so -- Deputy Chief Fernandez: That shouldn't be a problem. Commissioner Gonzalez: All right. Thank you, sir. Deputy Chief Fernandez: Thank you very much. D1.2 08-00139 DISCUSSION ITEM City ofMiami Page 162 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 DISCUSSION CONCERNING THE SUN SETTING OF THE CO -DESIGNATION COMMITTEE. 08-00139 E-mail.pdf DISCUSSED Direction by Commissioner Gonzalez to the City Manager to bring back appropriate legislation sunsetting the Miami Street Codesignation and Review Committee. Commissioner Gonzalez: The other issue that I have is in reference to the Codesignation Committee -- Board. I've been trying to name a street since October last year, and this board doesn't meet or they don't have a quorum, and you know, it's a constant problem. It has been October, November, December, January, and February; five months. Pretty soon it's going to be October again and nothing happens. So my question is, if we are able to sunshine this board if it has, you know, the blessing of this Commission? Because actually, this comes to us on first reading, then it's sent to this board, and then finally come back to us again to ratify it, so -- I mean -- Chair Sanchez: Let me just elaborate a little bit on that, Commissioner Gonzalez. I've had constant communication with the Administration. We need to look at some of these boards -- Commissioner Gonzalez: Definitely. Chair Sanchez: -- that don't meet anymore and sunset them. Look, the Orange Bowl Committee doesn't meet anymore; we need to sunset it. The Little Havana Homeownership Advisory Board voted to sunset itself. I think it's important that the Administration bring a resolution to sunset that board, and I need -- you know, it's getting harder and harder to get people -- Commissioner Gonzalez: To serve on the board. Chair Sanchez: -- to serve on these boards. I mean, we -- and I'm not just one who appoints anybody. I mean, I interview them, my staff interview them. I want to see how committed they are because, you know, I've had people to show up to one, two meetings, and they don't show up ever again, and really, we're doing a disservice to these committees and these individuals that are taking time away from their family and their work to come and participate in the process, so once again, all these boards are as good as the people that we appoint. So we need to explore -- and I agree with you to sunset. I'm -- I think there's about maybe five or six boards that we could sunset. Commissioner Gonzalez: What do you have to say about that? Stephanie Grindell: Stephanie Grindell, director of Public Works. I agree completely. In -- regarding the Codesignation Committee, in this case, the quorum is one and we still can't get one person to show up. Commissioner Gonzalez: Still can't get one. Ms. Grindell: We've -- and we contact the individual -- Chair Sanchez: And it's a quorum of one. Ms. Grindell: Of one. Commissioner Gonzalez: One. Chair Sanchez: So just one person has to show up. City ofMiami Page 163 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Ms. Grindell: And we -- before we coordinate the meeting, we call each representative to see who can attend, and based on whether or not somebody says they can attend, that's when we schedule and they don't show up anyway. Additionally, this is one of the that we have requested for the last two years to sunset. Commissioner Gonzalez: All right. Can I make a -- can I make that motion now to sunset this - _? Julie O. Bru (Deputy City Attorney): I think you can just direct the Manager to bring back the appropriate -- you know, we'll bring back the appropriate legislation to do that. Chair Sanchez: Can I give some recommendations as to some of the boards? And these are just recommendations. I'm willing to sit down and discuss them. Beautification and Environmental Committee, Commercial Solid Waste Management Advisory Committee, and the Orange Bowl Advisory Committee. Those are boards that need to be looked at and -- Commissioner Gonzalez: Commercial Solid Waste meets. Chair Sanchez: It does meet? Commissioner Gonzalez: They do meet. Yeah, they do meet. Ms. Grindell: Regarding the Beautification Committee, they haven't met in over five years. Chair Sanchez: All right. Ms. Grindell: And that one also is from Public Works, and we recommend sunsetting it. Chair Sanchez: What other example do you need, you know, to abolish and sunset some of these boards? All right. Well, that's -- I think the Administration has the direction to come back. Commissioner Gonzalez: All right. Chair Sanchez: All right. Ms. Grindell: Thank you. Commissioner Gonzalez: Mr. Manager, I would like to ask you -- excuse me, Commissioner Sarnoff -- to please bring back legislation so we can sunset the Codesignation Committee. Pedro G. Hernandez (City Manager): Yes, Commissioner, we'll be very glad to do so. Chair Sanchez: All right. Commissioner Gonzalez: Thank you, sir. DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 08-00118 DISCUSSION ITEM DISCUSSION ASKING THE US CONGRESS TO REINSTATE THE BAN ON ASSAULT WEAPONS. City ofMiami Page 164 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 08-00118 E-mail.pdf MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, directing the City Attorney to draft legislation for the United States Congress to reinstate the 1994 assault weapons ban; further directing legislation be drafted seeking the support of the Florida Legislature to also ban assault weapons, and to report back to the Commission with said legislation at the Commission meeting currently scheduled for March 13, 2008. Chair Sanchez: Marc -- Commissioner Gonzalez: It's that simple. Chair Sanchez: -- you have your assault ban rifles. You want to take that up? Commissioner Sarnoff No. I'll -- Joe, I'll renew everything. I promised I would let go of my -- Chair Sanchez: Well, I'm not willing to give up like 20 minutes now for a 2-hour presentation next board meeting. Vice Chair Spence -Jones: No. He's giving up all of his (UNINTELLIGIBLE). Chair Sanchez: Okay. All right. Seriously, why don't you take it up? You want to take it up? Commissioner Gonzalez: I'm done. Chair Sanchez: You want to take it up? Commissioner Sarnoff I will let go of everything else. I just merely ask this Commission to endorse me -- I'm sorry, endorse that we ask members of the United States Congress to reinstate the 1994 assault weapons ban that was allowed to lapse in 2004. We've had two police officers in South Florida killed by AK-47s. I think it's imperative that we take a position as a city. I'm going to also ask that we do a resolution asking that we ask Tallahassee, as well, to create legislation, which New York, New Jersey, and a number of -- I have seven states that have done it so far to equally ban assault weapons -- the sale of assault weapons, and you know, I'd like to bring it back with the actual language for the next Commission meeting. Chair Sanchez: All right. So there's a motion to direct the -- Commissioner Gonzalez: Second. Chair Sanchez: -- City Attorney to draft a resolution to reinstate the ban on assault weapons and to be forwarded to Washington, DC (District of Columbia). There's a second by Commissioner Gonzalez. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. D2.2 08-00154 DISCUSSION ITEM DISCUSSION ABOUT EXTENDING THE DURATION OF THE GREEN FARMER'S MARKET IN LEGION PARK BETWEEN NE 65TH AND NE 66TH STREETS EAST OF BISCAYNE BLVD. FOR AN ADDITIONAL FOUR WEEKS TO APRIL 12, 2008. IN ADDITION, WE WOULD LIKE TO BEGIN City ofMiami Page 165 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 THE NEXT GREEN FARMER'S MARKET ON NOVEMBER 1, 2008 TO RUN UNTIL APRIL 11, 2009. 08-00154 E-mail.pdf MOTION A motion was made by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, and was passed unanimously, extending the duration of the Green Farmer's Market to May 3, 2008. Chair Sanchez: Okay. The -- why don't you bring up the Green Mar [sic] farm -- the Green -- Commissioner Sarnoff Yeah. I just want a motion to extend the Green Market for an additional -- I'd like to extend it to May 3, 2008. Chair Sanchez: All right. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: All right. Any discussion? Hearing no discussion -- I've been to it. As a matter of fact, I've been to it three times and it's great and, really, people are enjoying it. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Well - Commissioner Sarnoff I'll let that one go. Chair Sanchez: Yeah. We'll let that one -- can we --? Madam Clerk, you know, it's Valentine's; we want to get home to our loved ones. I'm sure everybody wants to get home. I want to get home to my wife. D2.3 08-00155 DISCUSSION ITEM DISCUSSION TO IMPLEMENT THE PLACEMENT OF TRAFFIC CAMERAS AT INTERSECTIONS AND IMPLEMENT THE USE OF MOBILE TRAFFIC VANS. THE GOAL IS TO COMBAT EXCESSIVE SPEED AND DANGEROUS CONDITIONS IN NEIGHBORHOODS. 08-00155 E-mail.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, and was passed unanimously, to continue item D2.3 to the Commission meeting currently scheduled for March 13, 2008. Chair Sanchez: 2D.3 [sic] is a discussion item, implement the placements of traffic cameras at intersection. That is by Commissioner Sarnoff. He's -- there's a motion to continue. Is there a second? Vice Chair Spence -Jones: Second. Commissioner Gonzalez: Second. Chair Sanchez: No discussion on the item. It's continued to the next regular Commission meeting. All in favor, say "aye." City ofMiami Page 166 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. DISTRICT 3 CHAIR JOE SANCHEZ D3.1 08-00151 DISCUSSION ITEM DISCUSSION CONCERNING MIAMI 21. 08-00151 E-mail.pdf MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, directing the City Manager to begin the citywide mapping process. Chair Sanchez: All right. The item that have on my blue pages is the Miami 21. I mean, when you say Miami 21, it certainly has been a labeled name around the City with a lot of people very aware or not so informed, but aware of-- that something's happening in the City when it comes to the Zoning Code. Mr. City Manager, where are we at with Miami 21 at this time? Pedro G. Hernandez (City Manager): Commissioner, the Planning Department, together with the consultant, have continued to work on it. I've had an extensive number of meetings, and they're very close to be able to post the Miami 21 information on the Web. I believe that we had agreed that we would have the final document posted at least four weeks in advance of the item being heard by the City Commission. And I understand that we are ready to have it posted, I would say, by March 1, allowing March as the full month for the item to be posted, and then we can proceed with coming to the City Commission. Chair Sanchez: All right. Well, there are some issues with Miami 21, and one of the issues that has always been the number -one issue for me has been whether it's quadrant versus citywide. I feel it's unrealistic to approve Miami 21 Code based on quadrants. And I know that there have been "X" amount of meetings in quadrant 1, close to about 400 meetings that you've had, and there's been plenty of discussions as to all the elements in Miami 21. Well, let me tell you where I think that we have a problem and where I don't think it should be quadrant by quadrant or neighborhood by neighborhood. I strongly believe it should be voted citywide, and I'll tell you why. The last thing that this Commission needs, after almost three years, is to have quadrant 1 come up for a vote and being approved, and then the next quadrant coming up for a vote and not being approved. It would leave this City in chaos with two codes to follow, 11,000 and Miami 21, and still, frankly, I think there's still a lot of questions that have not been answered, and I know that there's been a lot of amendments because I try to stay on top of this. There's been a lot of amendments that have been addressed as we had different meetings, but not only would it be chaos for this City, I think that it would expose the City to legal exposure that have a great concern with, so what wanted to do is establish a process here where, one, we could create a fair process that, one, we could bring this up for a vote, when it does come for a vote, citywide, giving everyone an opportunity to continue to move forward and make recommendations. However, the first thing that you need to do is post the Code up, because people need to be informed, people need to be made aware of the changes that have been proffered, and people could do that by logging in and getting a better understanding of where we're at today with Miami 21. Butl think that we need to establish a process, maybe -- whether it's in March, February -- bring the Code for consideration for the City. That way we could iron stuff out. Maybe have the public participate, and put it up for a vote, whether it's up or down, just the City ofMiami Page 167 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Code. Then direct the Administration to go out, and within six to eight months, do the mapping for the entire City. Now, doing the mapping, there's a process that needs to go threw that process. We need to follow that process. Bring the Code for second reading. Get the six to eight months done. Get the mapping, and then bring it back for a vote, possibly you're looking at, I would say, six to eight months, and a couple of more months of public meetings, you're looking maybe either the end of the year or the beginning of next year for finally approving Miami 21. But I think that we need to have a process in place to do this, and I think that quadrant by quadrant is not going to do it. It just isn't going to do it. It's going to open us up for liability. It's going to open us up for possibly creating two codes that would not be good for the City, so -- Mr. Hernandez: Mr. Chairman, the -- we'll be able to have the Code posted by March 7, and we promised that we would have it up for four weeks prior to any City Commission meeting. So the earliest that you could have a meeting on the Code would be in April. Chair Sanchez: All right. So maybe we should bring the Code for first reading in April, but do you suggest that we start working on the mapping now? Mr. Hernandez: Well, I -- I was going to ask you that, if we post it on the 7th, we have it up four weeks; you could have the first reading in April, and ifyou would authorize me today to start that six month process to be able to do the mapping of all the other three quadrants, I'm quite sure that we could be then looking at those processes being completed by October/November, maybe at the latest, December. Chair Sanchez: All right. So you're looking possibly October to get, two, three, four done, and then possibly consideration of PAB (Planning Advisory Board)? Mr. Hernandez: Yes. Towards, I would say, possibly end of October, beginning of November, plus or minus. Chair Sanchez: And you could go through the process where the -- Mr. Hernandez: Yes. Chair Sanchez: -- mapping -- the districts will have additional meetings, there'll be more input, and hopefully, we could better define the elements? Mr. Hernandez: We can do all that. If we start now, definitely, we can do the mapping for the remaining three quadrants, I would say, in six, seven months. And that will place us in October to be able to go to PAB. Chair Sanchez: And when would it go to the DCA (Department of Community Affairs)? Mr. Hernandez: I will ask Ana to give you a little bit of help on that. Ana. Ana Gelabert-Sanchez (Director, Planning & Zoning): It goes to -- it would go to DCA after first reading of the land use at City Commission, so if we are -- if we bring it to PAB in October and City Commission in October, then we send it to DCA. DCA would take approximately 30 days, and then we would bring it back to you for second reading. During this process and when we give -- gave our initial presentation to DCA, we told them that as soon as we were starting to do the portion of the land use, we wanted to continue working with them, and they've expressed the same. So it would be something that we would be doing if -- once we start the process, I would like to start conversations with DCA. But to answer your question would be, after your first reading, between first and second, 30 days, it probably would be the month of November, between October and November. So we could be back to you December for second reading of City ofMiami Page 168 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 the maps. Chair Sanchez: All right. Chair Sanchez: What do you think, Marc? Ms. Gelabert-Sanchez: Of the atlas and the land use changes. Commissioner Sarnoff I'm not sure I fit exactly where you fit, but -- I mean, I'm in favor of Miami 21 with some adaptive changes that are -- Chair Sanchez: Oh, no. I am -- Commissioner Sarnoff Yeah. Chair Sanchez: There's issues. I mean, just alone, I think we need to address this. Is the FL -- the FLR in downtown. Isn't that an issue? Commissioner Sarnoff Downtown was exempt, wasn't it? Ms. Gelabert-Sanchez: I think what we had, we had the Code, and I think we -- you know, there were still some pending issues, I think, of that -- I think was more of discussion, but pretty much, I think the things that we feel that we've heard from the community have been addressed. I know, in looking back to the June 28 meeting, there were issues about single family and I believe we've addressed those and make changes; issues of nonconformities, and of those, we've also have made the changes. Chair Sanchez: Well, but -- Ms. Gelabert-Sanchez: So I believe that we have -- Chair Sanchez: -- listen, in all fairness, it hasn't been even posted. You got to give people an -- Ms. Gelabert-Sanchez: No, no, not at all. Chair Sanchez: -- opportunity to read it. Ms. Gelabert-Sanchez: Yeah. Chair Sanchez: If you -- you could say it's been done, but if individuals don't see it, there's a problem. Ms. Gelabert-Sanchez: I agree. And like the Manager said, as soon as it's posted, I was, I guess, addressing the issues that I know we've heard from the community and frying to answer your question. Chair Sanchez: All right. Commissioner Regalado: Mr. Chairman, just a question. Ana, why the lack of information? Why I keep getting e-mails (electronic) from members of the community who are frying to get information that's not on the Web; it's not -- we don't have -- what is the problem? Is there a technical problem or is there -- you don't have manpower? Is there -- what is the problem? Ms. Gelabert-Sanchez: I -- Commissioner, with all due respect, I don't think on the -- on Miami 21, the information has been there. City ofMiami Page 169 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Regalado: No. Ms. Gelabert-Sanchez: The -- what -- Commissioner Regalado: With all due respect, I can -- Ms. Gelabert-Sanchez: The -- Commissioner Regalado: I don't want to take the time now, but I call you tomorrow morning and I will tell you exactly what are the people saying, and I think it's a very, very good idea that Chairman has bring us, that we should do this citywide. It's only one City, and that's what I said. I think -- I even think that we should consider a moratorium on big projects until everything is done, and this is not only allowed, but encouraged by the State of Florida, but other than that, I think it's a good idea that we do the whole city. Chair Sanchez: All right. Okay. We need to take up the City Attorney issue. Ladies and gentlemen, as you are aware -- Mr. Hernandez: Based on your discussion and direction here, I would like to proceed to have Planning and our consultant initiate the mapping process for the other three quadrants. Chair Sanchez: Citywide? Mr. Hernandez: Yes. Chair Sanchez: Okay. Yes. Do you need a directive for that? Mr. Hernandez: So if -- Chair Sanchez: As long as it doesn't come in quadrant and it comes citywide for a vote. Mr. Hernandez: No, butt want to start as soon as possible now, based on our discussion here tonight, to direct the consultant to proceed with the mapping of the other three quadrants so we can meet our deadlines to PAB and the City Commission at the end of the year. Chair Sanchez: All right. So you would need a directive on that? Is there -- Mr. Hernandez: No. Just -- Chair Sanchez: -- a motion to direct the Administration to start proceeding on the mapping of the entire City? Commissioner Sarnoff So moved. Chair Sanchez: Motion by Commissioner Sarnoff -- Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Discussion. No discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: All right. It passes. City ofMiami Page 170 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Mr. Hernandez: And, Mr. Chairman, our plan is to bring then the Code on the month ofApril for first reading before the City Commission. Chair Sanchez: But once we pass the Code on first reading and it comes back on second reading, and if it does pass, it's not implemented till the mapping is done, and then -- okay. Mr. Hernandez: Correct. Chair Sanchez: All right. Saul Cimbler: Can we address the issue? Chair Sanchez: Listen, it's not a -- Mr. Cimbler: Thirty seconds. Commissioner Regalado: Already vote. Chair Sanchez: Come on up and talk. Just one speaker, but it's really not -- it's not a public hearing. Mr. Cimbler: And we appreciate it. Saul Cimbler, on behalf of northeast area residents. Chair Sanchez: I only did that because your son's here, okay? Mr. Cimbler: Thanks. Chair Sanchez: All right. Mr. Cimbler: So he can see government in action. I think you're putting the cart before the horse. I think you should do the ordinance and the mapping together. One of the major concerns has been is that it has been a bifurcated process that has led to the same disinformation that Commissioner Regalado has suggested. There's a lot of-- the legislation that people don't understand what it means, and part of that is if you have the mapping later and the way that the ordinance can be interpreted, it's going to be a mess, or as we say where I come from, (Comments in Spanish). Do it all together. Do the whole City together. Do the ordinance together and do the mapping together. Then you're going to have the comprehensive law, good or bad, but you're going to pass it, that won't be susceptible to criticism, but if you push -- what the community is upset about is that the ordinance -- you read it one day on the Web site and then the next day, it's something else, so don't rush to put in a bad ordinance. You're on the right track. You're stopping the frain and you're saying let's get the frack set straight, but if you pass the ordinance and push it the way it is now, the community is concerned -- and I speak for my organization, but I've worked with others -- that what's in there now is so suspect to criticism that -- so do it all at one time. Stop the tracks for six or eight months; get the mapping done; bring the ordinance back with the mapping as one package, then vote on it. Chair Sanchez: All right, Saul, we'll take that into consideration. Thank you. Okay. Ladies and gentlemen, before we adjourn, there is important matter that we need to address here at the City. The City Attorney has -- as you are aware, resigned. We've all been notified. It's an issue that we need to address. Hadley Williams: Excuse me. I think there is a misunderstanding. Chair Sanchez: What --? City ofMiami Page 171 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 D3.2 08-00152 Mr. Williams: Ms. Bisno just asked and was told that the second reading of the Code would be in May. That was not our understanding of what you proposed. Our understanding was that you proposed a second reading after the mapping is done, so somewhere here we have a miscommunication that should be cleared up. Chair Sanchez: Well -- see, this isn't -- guys, you know, there is no public participation on this. I mean, we'll address the issue. We'll have -- you know, we can meet -- you can meet with the Commissioners on it. I mean, that's what was set forth here. I think it's -- it gets us in -- brings it back on track to allow us an opportunity not to vote on this as a quadrant by quadrant. It allows us an opportunity to have a debate in a couple of months, which you are entitled to come to this Commission and address it, and then if it passes on first reading, you could come back on second reading. I mean, listen, with all due respect, you can't have the cake and eat it, too, you know. You need to work with the Administration, everybody's going to work, but it seems like no matter what we do here, we can't please everybody, with all due respect. I mean, you'll have an opportunity. And the map will come back within six to eight months. That gives us a chance to work with the Administration and get these maps done. DISCUSSION ITEM DISCUSSION CONCERNING ANIMAL PROTECTION. 08-00152 E-mail.pdf CONTINUED A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff and was passed unanimously, to continue item D3.2 to the Commission meeting currently scheduled for March 13, 2008. Chair Sanchez: I am going to continue my D3.2 to the next Commission meeting. Somebody needs to make a motion for me. Commissioner Sarnoff So -- Vice Chair Spence -Jones: Second. So moved. Commissioner Sarnoff Second. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-01425A DISCUSSION ITEM DISCUSSION REGARDING AN UPDATE ON THE NEW ORDINANCE TO ADDRESS ABANDONED PROPERTIES. 07-01425a Memo.pdf NO ACTION TAKEN D4.2 08-00142 DISCUSSION ITEM DISCUSSION CONCERNING THE UNFINISHED WORK BY GOVERNMENTAL AGENCIES AND PUBLIC UTILITY COMPANIES IN THE CITY OF MIAMI'S RIGHT OF WAYS. City ofMiami Page 172 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 08-00142 Memo.pdf NO ACTION TAKEN DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES NA.1 08-00179 DISCUSSION ITEM EXPRESSION OF CONDOLENCES BY THE CITY COMMISSION TO COMMISSIONER TOMAS REGALADO UPON THE UNTIMELY DEATH OF HIS WIFE, RAQUEL REGALADO. DISCUSSED Chair Sanchez: Thank you. Before we go into the presentations, I have a couple of announcements to make. We have a shade meeting at 1:30 today. [Later... Chair Sanchez: Also, the City Clerk has asked me to remind all the Commissioners that now with the new closed -captioning system, that person that types these into the computer, they're basically asking the department heads, when they come up, to state their name, department that they represent, whether they're a consultant or members of the public. The reason that we're doing this is to fry to maintain proper records for our meeting. Also, she's also asked me to relay to all the Commissioners that speak -- do not speak over each other. Wait 'til the Commissioner who is speaking finishes what he has to say, and then the Commissioner can address, all for the sake of having meetings -- proper meetings taken into consideration. NA.2 08-00180 DISCUSSION ITEM DISCUSSION OF SECURITY AT CITY HALL AND MIAMI RIVERSIDE CENTER. 08-00180-Submittal-Security Policy.pdf DISCUSSED Direction by Chair Sanchez to the City Manager, in conjunction with the City Attorney, to prepare and present a report, at the City Commission meeting currently scheduled for March 13, 2008, recommending what high impact measures can be taken to increase the security atMi(4mi City Hall and the Miami Riverside Center for its employees and visitors. Chair Sanchez: Now, before we go to the consent agenda, there's an item of great importance of security. As most of you are aware, an incident -- a tragic incident that took place in the city hall in Kirkwood, Missouri, near St. Louis, where, I guess, a disgruntled individual came into city hall and basically took the lives of several city employees. The mayor is critically wounded, and certainly, our prayers go out to the victims and their family. I'm very concerned about the safety here at City Hall, as well as the MRC (Miami Riverside Center). I think anyone that comes to participate at City Hall, to address their government, or visit the MRC, needs to have a certain level of security, and this is something that has just not happened recently. I mean, if you look back at the history, it happened in New York; it happened in San Francisco, and it's something that is happening more often and should not be happening. So I -- what I'd like to do is, I would like to have the City Attorney have a report ready for the first meeting ofMarch recommending what high -impact measures can be taken to increase the security not only here at City Hall, but also the MRC, and I would like to see what could be done to make not only the public officials, all those who work for the City, but those that visit City Hall, make sure that when they do come in to address their government, they feel safe. Because I'll tell you what. If it City ofMiami Page 173 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 ever gets to a level where people don't feel safe to address their government, they're certainly not going to come in front of the government to address them. So it's a very important issue. It's an issue that -- of great concern to me, as the Chair, and to my colleagues. And Mr. City Manager, I would like to work with you and with the Police Department to see how we could beef up security here at City Hall and the MRC. Commissioner Regalado: Mr. Chairman. Chair Sanchez: Yes, sir. You're recognized. Commissioner Regalado: Thank you. I read a memo from the sergeant of [sic] arms, who is in charge of security here, outlining the different measures that they're establishing. I don't know what is the role of the City Attorney because security is the domain of the sergeant of [sic] arms here, and the memo states that they're going to start taking several steps already. I don't know if the Manager -- you know about this memo? Pedro G. Hernandez (City Manager): I haven't seen the memo specifically. However, I know and I understand that the security should fall under, you know, Police, under the security officers or companies that we have, the sergeant at arms. And I'll be working with them, and also with the attorney, reference how far we can go in implementing certain security actions. So I think that it's on the Administration's responsibility, however, with the support and the assistance of the City Attorney. Commissioner Regalado: How far you can go? You mean like strip search? Mr. Hernandez: Well, I don't know exactly. We have certain measures today. It may be that recommendations to make it more, let's say, enhanced or more secure may run against rights that the citizens do have. Chair Sanchez: Commissioner Gonzalez. Commissioner Gonzalez: I haven't seen that memo. I would like to have a copy of the memo. I don't know who provided you with the memo, butt haven't been inform of it. And one thing that I believe that will help is to have a uniform officer at City Hall all the time. Because the sergeant at arms, they need to be out with us at different functions and taking care of us out on the sfreet, and yeah, it's fine to have a private security company and all that, but it's not the same thing to have a private security company at the door than having a sworn police officer -- uniform police officer in City Hall. Same thing applies -- I constantly watch the meetings at night, different boards, and I believe that the sergeant at arms are being loaded with work because they only -- they have to spend the day with us in the sfreet, and then they have to do the meetings, chief the meetings, the board meetings at night, and then the next morning, sometimes they have to be with us again at 7 o'clock in the morning. So it's up to you to consider. You're the chief. You know your resources, and you know what you can do about that, but that's only a suggestion on my part. Chair Sanchez: Chief you're recognized for the record. State your name. ChiefJohn E. Timoney: ChiefJohn Timoney, chief of Police. Commissioner, you're correct. And we talked about it this week. And Ray Carvil was the one that put the memo together with the other sergeant at arms, but think we also need to take it up to a second level. Clearly, the Commission (INAUDIBLE). But also, at the evening ones, whether it's Civil Service, Commission, or Code Enforcement, things where (INAUDIBLE) situations (INAUDIBLE) looking at having the uniformed officer (INAUDIBLE). So we're looking at that. (INAUDIBLE) not just the Commission, but those other controversial -- sometimes controversial meetings that happen here at nighttime, whether it's Civil Service, Code Enforcement, things of that nature. City ofMiami Page 174 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 NA.3 08-00181 Commissioner Gonzalez: And those are people that are impacted with fines, and you know -- Chief Timoney: Exactly. Commissioner Gonzalez: -- and those are the people that can -- Chief Timoney: Highly emotional. Commissioner Gonzalez: Right. Chief Timoney: Okay. Chair Sanchez: This incident has basically focused all the cities throughout the United States to start conducting security review of their government facilities. And I'll tell you one thing. It is our responsibility, as well the Police Department, to assure that we don't make national news with an incident that's certainly going to taint the reputation of this city. So you know, I've had an opportunity to review the recommendations by the sergeant at arms. I think the sergeant at arms do an excellent job -- Chief Timoney: Yeah. Chair Sanchez: -- but I think I agree with the chief. It's to take it to another level to make sure that we have the best defined, best put together organized security here at the City. Not to strip search anybody -- Chief Timoney: No. Chair Sanchez: -- but to make sure that when people come to City Hall, based on these incidents, they feel safe. Safety is key. Chief Timoney: Yeah. Chair Sanchez: All right. Thank you. Chief Timoney: Thank you. DISCUSSION ITEM DISCUSSION CONCERNING RESIGNATION OF CITY ATTORNEY JORGE L. FERNANDEZ, EFFECTIVE FEBRUARY 19, 2008. DISCUSSED Chair Sanchez: Ladies and gentlemen, I have been given a letter by the City Attorney that reads as follow [sic] -- it is in reference to his resignation, and it reads: Honorable Chairman Sanchez, I am resigning from my position as city attorney for the City ofMiami, effective February 19, 207 [sic]; signed by Jorge L. Fernandez. This is the process that's established. The letter has been presented to the Chair, at which time I will give a copy to the Commissioners and one to the City Manager and the Mayor, so -- All right. I believe we'll address that issue later on. "[Later...]" Chair Sanchez: All right. Let's deal with this issue about the City Attorney. All right. This Commission meeting has been one for the records for me. All right. Yes, sir. You're recognized. City ofMiami Page 175 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, as you and by now most of the world knows, I have resigned my position as your City Attorney, effective next Tuesday. I have done so as a result of having entered into a plea agreement with the Miami -Dade County State Attorney's office. That same agreement prevents me from further discussing any terms of the same, so I can neither address, respond, or refute any of the statements that have been made by anyone, and I would so appreciate your opportunity to allow me to say a few words other than dealing or addressing the issue. I want to thank, first and foremost, all of you, individually and collectively, for the privilege of serving you and serving the fine citizens, residents of the City ofMiami. I have done so competently, diligently, and honorably, and perhaps, with too much passion for the taste of some. I also want to thank the Administration team and commend them for their professionalism and competence. To my staff I ask them to stay the course. They are one of the best local government law offices in the nation. Their dedication and commitment to serve you is unquestionable. You have an exceptional group of attorneys. You have an exceptional staff and you have a daunting task, and that is to govern responsibly the residents of the City ofMiami. I ask for nothing from you at this time, other than that which I am entitled to under our agreement. And I just want to part wishing you godspeed. Thank you very much. Chair Sanchez: Thank you, Jorge, and we wish you the best. We thank you for the service, your 26 years of public service, not only here, but in Sarasota. As the Chair, I could honestly say that you've been professional when you've addressed me as a Commissioner, and I know these are difficult times for you. I've never been one to kick anybody when they're down. I certainly wish you the best, and thank you for everything you've done for this City, and thank you for what you've done for this Commission. Thank you. Mr. Fernandez: Thank you. "[Later...]" Commissioner Regalado: And the other thing is a little difficult, but it is important, Mr. Chairman. It is important for the transparency that we all want to have in this government, especially in a difficult day like today. We still don't know what are the terms of the resignation of the City Attorney. And he said that he wanted what he deserve, but we know that the contract says that you are supposed to give him some severance pay if he's terminated or something, but on the resignation, and I, for one, would not support any severance pay in terms of money. I would consider the healthcare issue for several month because it would be inhumane -- and I have gone through just a few hours ago for one of the most difficult experience where you really need Healthcare, so I am -- I just want to make sure -- I don't know who's running this issue. If the Manager is aware of Julie as the deputy knows, butt would fully support having the healthcare taking care in the next several month until Jorge finds a different life in the private sector. That's all I will support, so -- Vice Chair Spence -Jones: I support that also. Commissioner Regalado: -- it be in the record. NA.4 08-00178 DISCUSSION ITEM Discussion regarding documentation in the investigation of Chief of Police John F. Timoney. DISCUSSED Chair Sanchez: And what I'll do is I'll let Commissioner Regalado, who has one or two? Vice Chair Spence -Jones: Just two. City ofMiami Page 176 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 NA.5 08-00176 District 4- Commissioner Tomas Regalado Chair Sanchez: And I'll do mine last. It's pertaining to Miami 21. If we could just wait, it'll probably be quick. Commissioner Regalado, you're recognized on your Commission blue pages Commissioner Regalado: Thank you. Chair Sanchez: -- which is D4.1, discussion pertaining to abandoned properties. Commissioner Regalado: Thank you, Mr. Chairman. On -- before I do the abandoned properties, which I think is something interesting to be said, I already include one question on D- - on the number one -- number two, I'm sorry -- to Public Works, but do have a question for the City Manager. Mr. City Manager, several Commission meetings ago I requested and you agree to investigate a difference of information that was given to the City Commission by the Chief of Police and by the union, and you agree. We forward to you the letters and it had to do everything with this controversy that had been going on for month. You promised to investigate in terms of looking for who was telling the fruth to the City Commission, because there was two very different opinions regarding what happened. On that day, the union here file a complaint before the CIP (Civilian Investigative Panel). It is important that we do not forget and try to just turn the page, because you know, the relations between the Police and the people and the perception of the City Police Department and the City, it is very important. So I wanted, in public, to ask you if you have done that investigation? Pedro G. Hernandez (City Manager): That hasn't been concluded, Commissioner, because in essence, it's not that simple to be able to determine the facts on a he said, she said. I've been following and wondering all the other actions that are going on reference Chief Timoney's statements and the FOP (Fraternal Order of Police) to try to be able to provide some clarity, but I haven't concluded that, sir. Commissioner Regalado: And do you have any idea? I mean, do you consider that a priority Mr. Hernandez: I think it is, sir, yes. And what would like to do is to try to have it for you for the next meeting. Commissioner Regalado: The next meeting will be on the 20 -- Mr. Hernandez: But I'd rather have it on the March 13. Commissioner Regalado: On the what? Mr. Hernandez: March 13, which is the next regular meeting. Commissioner Regalado: That's fair, but you will have a report on what we ask you? Mr. Hernandez: I'll have a report on the documents you gave me, and to the best of my ability, you'll have it. Commissioner Regalado: Well, you are the only one that has the resources to investigate; we don't. And thank you, Mr. Manager. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO ST. MICHAEL THE ARCHANGEL CHURCH, FOR THE FESTIVAL HOLA AMERICA CELEBRATION HELD ON SUNDAY, FEBRUARY 10, 2008; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS BUDGET, City ofMiami Page 177 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 ACCOUNT NO. 001000.921054.6.289. 08-00176-Legislation.pdf Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-08-0087 Commissioner Regalado: And Mr. Chairman, last is a resolution of the Miami City Commission authorizing the allocation of funds in an amount not to exceed $1, 000 to St. Michael Church for the Festival Hola America, held last Sunday, allocating fund from District 4 special events budget. So move. Chair Sanchez: All right. There's a motion. Vice Chair Spence -Jones: Second. Chair Sanchez: Second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Regalado: Thank you. NA.6 08-00182 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING MARIA J. CHIARO AS THE INTERIM CITY ATTORNEY, EFFECTIVE FEBRUARY 19, 2008. Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0088 Direction by Commissioner Sarnoff to the City Manager to advise the City Commission of the details of the contract of former City Attorney Jorge L. Fernandez as it relates to severance and health benefits. Vice Chair Spence -Jones: Mr. Chairman, I just want to -- Chair Sanchez: Vice Chair Spence Jones, you're recognized for the record. Vice Chair Spence -Jones: Okay. Well, none of us really got a chance to really say anything about Jorge before he left, and I do know that it is Valentine's Day night, so I know you're frying to get to your wife, and I'm, quite frankly, frying to get to my husband for my 8 o'clock date. Chair Sanchez: At least you got a date. Vice Chair Spence -Jones: I do want to say, though, just in light of this resignation and our obligation under the Charter, I would like to at least make a motion that we at least appoint an interim City Attorney, and that would be Maria Chiaro. I think that it's important that we do City ofMiami Page 178 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 have somebody that's stepping in that seat, you know, to at least address us on these issues, so I'd like to at least make a motion that we appoint Maria Chiaro. Commissioner Regalado: I'll second that motion. And I think that -- Chair Sanchez: For the record -- Commissioner Regalado: -- I hope -- Chair Sanchez: -- there's a motion and a second. The item is under discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: Two things, Mr. Chairman. I think that it's important that we encourage the members of the City Attorney Office to participate in frying to become the permanent City Attorney. The thing about a search committee and paying to bring people from out of town, I believe what the City Attorney said. We have good attorneys within the City Attorney's Office. And the last time, I believe that Maria also was the interim for a time, and I have a tremendous respect for her, Julie, all the members of the City Attorney [sic], and so I second that motion with probably a -- to add that we should encourage the people from within the City Attorney [sic] to apply for the job of permanent City Attorney. "[Later...]" Chair Sanchez: Chair Sanchez: All right. There's a motion and a second on that issue. You know, as long as it's a interim and everyone can apply and there's a process that we could select, I mean, I don't have a problem with it. But I'm not going to commit myself to anybody right now because, you know, you got some good people that have been at the City for a long time, but I also know that this City needs to have an attorney on board quickly because, you know, life goes on and City business goes on. So you know, I think that -- I'm in a tough situation here because I have the outmost [sic] respect for those two attorneys, Julie and Maria, and -- I mean, I'm in a tough situation here. Maybe it's easy for you to decide this, but it's hard for me to decide this. And if it's on an interim basis, I could support one, but I'm telling you when it comes for a final appointment, I may not support that person, butt know that the City needs to move forward and I think there's three votes here to make that decision, and I have to do what's right for this City, so having said that, Madam Clerk, we need a roll call for interim attorney. Commissioner Regalado: And Mr. Chairman, remember that this was the same scenario that we had long time ago, and unfortunately, at that time, I say unfortunately because she was from the inside -- Julie withdrew her application. Julie O. Bru (Deputy City Attorney): I don't plan to do that now, sir. Chair Sanchez: There you go. Commissioner Regalado: Well, I'm just saying. I'm clarifying what you're saying because I have a vivid memory of what happened, and at the last minute, you withdrew your application, so what I'm saying to the people -- the members of the City Attorney [sic], please apply, and it will be up to the Chairman to place this item on the agenda, but if it were for me, I'll do it in two weeks, you know, whatever. But I just think that we need today an interim that can handle the transition and can advise the people and the members of the City Attorney [sic] that they could and should apply, go through the process, meet with the members of the Commission, which, by the way, are the only one that votes on this matter. Chair Sanchez: All right. Let's vote. City ofMiami Page 179 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Priscilla A. Thompson (City Clerk): Just so that I make sure that you understand that the records will reflect you're voting on a resolution, not a motion, but a resolution for an interim appointment. Commissioner Regalado: Right. Ms. Thompson: Okay. Ms. Bru: Mr. Chairman, that would be effective when, the appointment for the interim? Chair Sanchez: Well, his letter of -- Commissioner Sarnoff The 5th. Commissioner Regalado: The 19th. Commissioner Sarnoff The 19th. Chair Sanchez: The letter states effective February 19, so it's effective February 19. Ms. Bru: Thank you. Chair Sanchez: All right. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: Then the resolution has been adopted, 5/0, for the interim appointment. Chair Sanchez: All right. Ladies and gentlemen -- Commissioner Sarnoff Wait. We -- Chair Sanchez: -- the City ofMiami Commission meet -- Commissioner Sarnoff -- may want to ask the City Attorney to review the contract now of the former City Attorney and give us back some legal advice as to whatever severance he's entitled to or not entitled to. Chair Sanchez: Well, that's -- that is fine. Commissioner Sarnoff As well as health benefits. Chair Sanchez: Make a recommendation, but it boil -- really boils down to a policy issue. Commissioner Sarnoff But he -- Chair Sanchez: But yes. Commissioner Sarnoff -- isn't he our pol -- I mean, isn't it for us and not the City Manager? Pedro G. Hernandez (City Manager): It would be up to you. I will assist in whichever way I can working with the City Attorney. City ofMiami Page 180 Printed on 3/3/2008 City Commission Meeting Minutes February 14, 2008 Commissioner Sarnoff Right, and what I'm asking -- Commissioner Regalado: No. It's up to us, not to the City Manager. Mr. Hernandez: No. Chair Sanchez: Yes. Commissioner Sarnoff No, no. That's my point. My point is, I don't know what his contract says, and I don't know the terms and conditions of his plea. Commissioner Regalado: Me neither. That's what I said -- Commissioner Sarnoff Right, and I'm -- Commissioner Regalado: -- that I would only support the healthcare. Commissioner Sarnoff Well, that's just it. I don't know what his plea is and I don't know what his contract says, so all I'm asking for the City Attorney now is to address us. Mr. Hernandez: And we can assist you in that way. Commissioner Sarnoff Okay. Vice Chair Spence -Jones: This meeting -- okay. This meeting has officially been adjourned. Happy Valentine's Day. City ofMiami Page 181 Printed on 3/3/2008