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HomeMy WebLinkAboutCC 2008-05-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, May 8, 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 Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes May 8, 2008 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS EM-EMERGENCY ORDINANCE BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) 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 of Miami Page 2 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE On the 8th day ofMay 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 12: 28 p.m., reconvened at 2:12 p.m., recessed at 3:59 p.m., reconvened at 4:15 p.m., and recessed 9: 45 p.m, reconvened on May 13, 2008 at 2: 03 p.m., and adjourned at 7: 01 p.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 9: 24 a.m on May 8, 2008. Commissioner Regalado and Vice Chair Spence -Jones entered the Commission chambers at 2: 13 p.m on May 8, 2008. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela E. Burns, Assistant City Clerk Chair Sanchez: The meeting will be opened with a prayer that I would lead into, and then followed by a pledge of allegiance by Commissioner Sarnoff. If you may rise, please, and bow with me. Before we do the prayer, I would respectfully request that we have a moment of silence. The City ofMiami Fire Department lost one of its -- their own. And of course, they're part of our family, so we are also at mourning today. Andl was -- respectfully request a moment of silence in the memory of Alexis Lopez -Lima, a City ofMiami firefighter who passed away from injuries sustained in a motorcycle accident this Tuesday, May 6. Of course, our deepest sympathies to his family during this very sad time, as he is laid to rest today, I believe, at noon. So I would ask you to please bow your heads in a moment of silence for firefighter Alexis Lopez -Lima. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones PR.1 08-00519 CEREMONIAL ITEM Honoree Presenter Protocol Item Luis Labrador Commissioner Regalado Salute Special Presentation AT&T Foundation honors the City of Miami with Grant support for the project, Elevate Miami. Protocol List 08-00519 .pdf PRESENTED 1. Chairman Sanchez presented a Salute to Professor Julio C. Aguilar and the Miami High Chess Club for winning the coveted title of Florida State Champions -- with team member Juan Arango as State Speed Champion -- and placing sixth overall on the National level. 2. Commissioner Regalado presented a Salute to Luis Labrador for his valuable support of District 4 neighborhoods and volunteer service representing exceptional community awareness in his continuing campaign to assure the cleanliness of the Silver Bluff neighborhood. City ofMiami Page 3 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 3. Mayor Diaz accepted a grant on behalf of the City ofMiami from the AT&T Foundation in support of the Elevate Miami project. Chair Sanchez: We are waiting for one Commissioner who is in a meeting. At this time, we will go straight into the presentation and proclamations. We do have, I believe, two, and one special presentation, which I believe the Mayor will be making. Can someone reach out to the Mayor and make sure he's down here? Want to take the opportunity, as always, to recognize our elected officials that are here; School Board T. Holloway, who is here; always a pleasure to have you, sir; served as a representative for how many years? Unidentified Speaker: Seven. Chair Sanchez: Seven years, and now he is a district School Board member. Presentations made. NO MAYORAL VETOES Chair Sanchez: All right. That concludes the presentations and proclamations. Let's go ahead and -- for the record, there are no mayoral vetoes, Madam Clerk. Priscilla A. Thompson (City Clerk): That is correct. Chair Sanchez: Okay. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones ORDER OF THE DAY Chair Sanchez: Let's approve the minutes of the following meetings, which is -- so we need a motion to approve the April 10, 208 [sic] regular Commission meeting. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by -- Commissioner Sarnoff. Second. Chair Sanchez: -- Commissioner Gonzalez. It is -- Commissioner Sarnoff. Sec -- Chair Sanchez: -- second by Commissioner Sarnoff. Any discussion on the minutes? Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Chair Sanchez: Good morning, ladies and gentlemen. The City ofMiami Commission meeting is being called to order. The meeting was properly advertised. The order of the day is the agenda that's in front of us for us to deliberate today. I want to take the opportunity to welcome City ofMiami Page 4 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 each and every one of you to historic City Hall. Before we go into the invocation and the pledge of allegiance, let me take this opportunity to just read for the records [sic] the statements from the Chair as pertaining to the protocol. Welcome to the May 8, 208 [sic] meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are Michelle Spence -Jones, Vice Chair, Tomas Regalado, Commissioner Angel Gonzalez, Commissioner Marc David Sarnoff, and me, your Chair, Joe Sanchez. Also on the dais are Peter -- Pete Hernandez, which is the City Manager, our City Attorney, Julie O. Bru, and our City Clerk, Priscilla A. Thompson. [Later...] Chair Sanchez: Before we go to the regular agenda, we have agreed to hear the Mayor's items pertaining to the green initiative, so let's go ahead and start that. As a point of privilege, Commissioner Gonzalez has asked me to bring up the pension issue in the morning. Also, I will bring up, as a point of privilege, a resolution at the appropriate time now in the morning. But I want to state each -- if there's anyone here for the EAR (Evaluation and Appraisal Report), please listen carefully. That item will not be heard this morning. The item will be heard in the afternoon, probably about maybe 3 or 4 -- maybe 4 or 5 o'clock. I don't want to give you a time certain, but it's not going to be heard this morning. I just wanted to state that for the record because I don't want anybody, you know, sitting here all day. Okay? For the record, so you know. CONSENT AGENDA CA.1 08-00420 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE BROWARD COUNTY HEALTH DEPARTMENT, FOR THE PURCHASE OF THE ALL -HAZARDS MOBILE ALTERNATIVE CARE TREATMENT SITE; ALLOCATING FUNDS IN THE AMOUNT OF $241,234, FOR SAID PURPOSE, FROM THE URBAN AREA SECURITY INITIATIVE GRANT PROGRAM 2005, ACCOUNT NO. 18-180001.1261.11. EQUIPMENT.181000. 08-00420 Legislation.pdf 08-00420 Exhibit.pdf 08-00420 Summary Form.pdf 08-00420 Master Report.pdf 08-00420 Pre - Legislation.pdf 08-00420 Agreement .pdf 08-00420 Budget Detail WorkShop .pdf 08-00420 Scope of Work.pdf 08-00420 Memorandum of Agreement. pdf 08-00420 Pre-Attachment.pdf 08-00420 Email.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0237 CA.2 08-00421 RESOLUTION City of Miami Page 5 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Department of Purchasing CA.3 08-00422 Department of Purchasing CA.4 08-00423 Department of Capital Improvements Program A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED MARCH 19, 2008, PURSUANT TO INVITATION FOR BIDS NO. 76044, FROM BANDIT INDUSTRIES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF A HORIZONTAL GRINDER FOR THE DEPARTMENT OF SOLID WASTE, IN AN AMOUNT NOT TO EXCEED $266,147.20; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 39000.213000.664000.0000.0000. 08-00421 Legislation.pdf 08-00421 Summary Form.pdf 08-00421 Award Recommendation.pdf 08-00421 Tabulation of Bids.pdf 08-00421 Invitation for Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0238 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF METAL SHELVES, RACK/BIN STORAGE, ETC., FROM VARIOUS VENDORS, ON AN AS -NEEDED BASIS, CITYWIDE, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 0245-4/10, EFFECTIVE THROUGH JUNE 30, 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. 08-00422 Legislation.pdf 08-00422 Summary Form.pdf 08-00422 Contract Award Sheet.pdf 08-00422 Contract Award Sheet 2.pdf 08-00422 Contract Award Sheet 3.pdf 08-00422 Contract Award Sheet 3.pdf 08-00422 Affidavit.pdf 08-00422 Invitation to Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0239 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE CONSTRUCTION CONTRACT WITH NCI CONSTRUCTION, INC., DATED MAY 4, 2004, FOR ADDITIONAL WORK NEEDED FOR THE PROVISION OF STEEL FRAMING AND ASSOCIATED WORK, FOR THE PROJECT ENTITLED "LAWRENCE STORM WATER PUMP STATION UPGRADES (THIRD BIDDING)," PROJECT B-50652, IN AN AMOUNT NOT TO EXCEED $199,253.65, City of Miami Page 6 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Votes CA.5 08-00424 Department of Solid Waste CA.6 08-00425 Department of Public Facilities INCREASING THE AMOUNT FROM $252,047 TO AN AMOUNT NOT TO EXCEED $451,300.65; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT B-50652; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 08-00423 Legislation.pdf 08-00423 Exhibit 1.pdf 08-00423 Exhibit 2.pdf 08-00423 Summary Form.pdf 08-00423 Text File Report.pdf 08-00423 Text File Report 2.pdf 08-00423 Pre-Attachment.pdf 08-00423 Amendment #1.pdf 08-00423 Contract.pdf This Matter was ADOPTED on the Consent Agenda. : Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0240 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED APRIL 7, 2008, PURSUANT TO INVITATION FOR BIDS NO. 75124, FROM WAUSAU TILE, INC., FOR THE PROVISION OF WASTE CONTAINERS, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. 08-00424 Legislation.pdf 08-00424 Summary Form.pdf 08-00424 Award Recommendation.pdf 08-00424 Email.pdf 08-00424 I nformation. pdf 08-00424 Tabulation of Bids.pdf 08-00424 MF 3201.pdf 08-00424 MF 3202.pdf 08-00424 Invitation to Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0241 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND City of Miami Page 7 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 BEASLEY-REED ACQUISITION PARTNERSHIP, A DELAWARE PARTNERSHIP, TO EXTEND IN THEIR LEASE OF APPROXIMATELY 2.2 ACRES OF THE CITY'S PROPERTY IN VIRGINIA KEY, MIAMI, FLORIDA, THE START OF THE PARTIES' MUTUAL RIGHT TO TERMINATE THE LEASE FROM SEPTEMBER 3, 2008 TO JUNE 3, 2009, WITH NINETY (90) DAYS PRIOR WRITTEN NOTICE. 08-00425 Legislation.pdf 08-00425 Exhibit 1.pdf 08-00425 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0242 CA.7 08-00426 RESOLUTION BayfrontPark A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Management Trust BAYFRONT PARK MANAGEMENT TRUST TO NEGOTIATE AN AGREEMENT WITH EVENTSTAR, FOR THE USE OF THE SOUTHEAST CORNER OF BICENTENNIAL PARK, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO. 75049, AND THE RECOMMENDATION MADE BY THE BAYFRONT PARK MANAGEMENT TRUST PROCUREMENT COMMITTEE AND APPROVED BY THE BAYRONT PARK MANAGEMENT TRUST. 08-00426 Legislation.pdf 08-00426 Summary Form.pdf 08-00426 Back Ground.pdf 08-00426 Check.pdf 08-00426 Letter.pdf 08-00426 Letter of Interest.pdf 08-00426 Letter of interest 2.pdf 08-00426 Map.pdf Motion by Commissioner Sarnoff, 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-08-0248 Chair Sanchez: And we'll take CA.7 for discussion, which is the use of Bicentennial Park. All right. You're recognized for the record, Commissioner Sarnoff. Commissioner Sarnoff. I would just like somebody to explain it to me from the Administration. Chair Sanchez: Do we have Tim Schmand here? Pedro G. Hernandez (City Manager): Mr. Chairman, he was here earlier. Maybe he thought that the consent agenda had been approved and left. What this is is a contract to allow for this company to erect this temporary tent, extremely large because it's about 25,000 square feet, at the southeast corner of Bicentennial Park to provide for public events, private events, and it provides a monthly revenue to the Bayfront Trust. I think it's $5,500 a month and like $700 per event, and there is no impact on the future development ofMuseum Park because we have the City of Miami Page 8 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 ability to terminate with 30 days notice. Chair Sanchez: No long-term commitment whatsoever. Commissioner Sarnoff. And the ingress and egress will be made how? Mr. Hernandez: It will be off of Biscayne Boulevard, on that drive that exists on the south side of the park today. Commissioner Sarnoff. What about the facility that's on the southeast -- it would be the southeast corner? What about the existing facility? Mr. Hernandez: There is an existing building there thatl believe they plan to use for storage. Mr. Schmand is here and probably can address it better. Tim Schmand: Tim Schmand, Bayfront Park Management Trust, 301 North Biscayne Boulevard. I apologize. I stepped out for a second. The building you're referencing is an old cafe building; it's derelict. They have, in their proposal, discussed cleaning it up and using it for storage. Commissioner Sarnoff. Cleaning it, so the building will be utilized along with the -- Mr. Schmand: Right. Commissioner Sarnoff. -- 20,000 or 25,000 --? Mr. Schmand: Twentyfive thousand square foot. Commissioner Sarnoff. Okay. Chair Sanchez: Any questions? No? Commissioner Sarnoff. No, as long as it can come down at any time. Chair Sanchez: Yeah. Tim, would you --? Mr. Schmand: It's in twice -- in -- Chair Sanchez: Tim, do me a favor. Mr. Schmand: Yes. Chair Sanchez: Put down on the record that there's no term obligation or commitment -- Mr. Schmand: In the RFLI (Request for Letters oflnterest), successful poser's -- proposer's use of the area will be subject to redevelopment plans for the entire park and the Bayfront Park Management Trust event schedule, and then further in the RFLI, all proposers understand and acknowledge that a redevelopment plan exists for Bicentennial Park. Implementation of said plan could result in the immediate revocation of this license. Commissioner Sarnoff. Tim, let me ask you this: Is it going to be a white tent and there's going to be no advertising on it? Mr. Schmand: As of right now, there has been no discussion of advertising on the outside of the tent. City of Miami Page 9 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Sarnoff. So -- Mr. Schmand: And there's been no discussions at all. I just -- this would give me the ability to negotiate. The proposed agreement would come back to you for review and approval at a later date. Commissioner Sarnoff. Is there any intent on getting advertising? Mr. Schmand: Not from my end. Commissioner Sarnoff. Okay. Chair Sanchez: All right. Let me -- Could we get a motion and a second, and we'll discuss it? Commissioner Sarnoff. Yeah. I'll do a motion. Chair Sanchez: There's a -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- motion by Commissioner Sarnoff, second by Vice Chair on CA (consent agenda) -- was it 6? Commissioner Sarnoff. 7. Mr. Hernandez: 7. Chair Sanchez: I'm sorry, 7. Okay, on 7. On that, I just -- you know, as the Chair of the Bayfront Park Trust, we -- we're going to have to get creative in trying to raise money for that Trust. I want you to know that. I want you to know that Bayfront Park took a half -a -million dollar cut voluntarily, didn't moan, didn't groan; said fine, we accept it, but we are faced with challenges at the park that we need to address, andl think the Trust and its board has done an excellent job through your leadership, Tim, to try to figure out ways where we could bring in revenues. As it is right now, certain events are being held there at that park. As a matter of fact, not too long ago, MAM (Miami Art Museum) had their gala there. So doesn't preclude anybody from going out and getting the permits and going out there and hosting their event and putting up a tent. This allowed us an opportunity to sit down with this company, who's a respectable company, and look at ways of how we could work with them. And agree with you, Commissioner, we should not enter into a long term of any type because we do have future plans for that park. But as it stays vacant now and as it is not utilized, the upkeeping [sic] and the maintenance falls on the burden of the Trust. We pay for the cleaning. We pay for the maintenance and the upkeeping [sic], and somehow, government needs to start thinking outside the box and starting to have -- and be creative in raising funds so we don't have to go into the taxpayers' pockets. And this is one of many initiatives that will continue to push at the Trust, as long as I'm the Chair, to go out and work with the private sector to not only bring events to the Bicentennial Park, but also to help us create revenues to maintain that property 'til we're able to build what we want to build there, which will be a world -class park with world -class museums that we could all be very proud of and showcase. So I thank you for the support on this. Tim, I thank you for your leadership and the -- Mr. Schmand: Thank you. Chair Sanchez: -- Trust for their commitment and support of this item, and -- Commissioner Regalado: IfI may? City of Miami Page 10 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Yes, sir. You're recognized for the record. Commissioner Regalado: Just a question, Tim. What happened to Cirque du Soleil? Mr. Schmand: Nothing. We're in negotiations with Cirque for a return visit this fall. Commissioner Regalado: But they missed last year. Mr. Schmand: Cirque doesn't go to a market every year. Every other year they go, based on the schedule of performances that they have. Commissioner Regalado: Did it work for them? Mr. Schmand: Yeah. It was very nice for them. Commissioner Regalado: Okay. Chair Sanchez: They did very well; so did we. All right. No further discussion on the item. No. There's no questions. It's consent agenda. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries -- You voted on it? -- 4/0. Mr. Schmand: Thank you. Chair Sanchez: Okay. That takes care of all the consent agendas [sic]. CA.8 08-00494 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY FRANCISCO CRUZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $35,000 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, RESIGNATION 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. 08-00494 Legislation.pdf 08-00494 Cover Memo.pdf 08-00494 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0243 CA.9 08-00495 RESOLUTION City of Miami Page 11 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY ATTORNEY BARRY R. LERNER, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $43,522.87, IN FULL SETTLEMENT OF ALL CLAIMS FOR ATTORNEY'S FEES AND COSTS ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, RESULTING FROM HIS REPRESENTATION OF FORMER CITY EMPLOYEE CHARLES G. WYNN; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 08-00495 Legislation.pdf 08-00495 Cover Memo.pdf 08-00495 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0244 CA.10 08-00504 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SMART FISCAL YEAR 2008 OFFICE SUPPORT FOR THE ADAM WALSH ACT IMPLEMENTATION GRANT PROGRAM," AND APPROPRIATING FUNDS FOR THE OPERATION OF THE SAME CONSISTING OF A GRANT AWARDED BY THE DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, IN THE AMOUNT OF $70,879, TO PROVIDE FUNDING TO ASSIST LOCAL, STATE, AND TRIBAL JURISDICTIONS IN DEVELOPING OR ENHANCING PROGRAMS DESIGNED TO IMPLEMENT SEX OFFENDER REGISTRATION AND NOTIFICATION ACT (SORNA) UNDER THE ADAM WALSH ACT (AWA); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $23,626.33, FROM THE GENERAL FUND, ACCOUNT NUMBER 00001.191602.896000.0000.00000; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS, IN ORDER TO COMPLY WITH SAID GRANT AWARD. 08-00504 Legislation.pdf 08-00504 Exhibit 1.pdf 08-00504 Exhibit 2.pdf 08-00504 Exhibit 3.pdf 08-00504 Exhibit 4.pdf 08-00504 Exhibit 5.pdf 08-00504 Exhibit 6.pdf 08-00504 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City of Miami Page 12 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 CA.11 08-00501 Department of Parks and Recreation CA.12 08-00509 R-08-0245 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2008," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN AN AMOUNT NOT TO EXCEED $500,000, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE SCHOOL BOARD OF MIAMI DADE COUNTY, FOR THE PROVISION OF LUNCHES AND SNACKS TO THE PARTICIPANTS OF THE CITY OF MIAMI'S 2008 SUMMER FOOD SERVICE PROGRAM, OPERATED BY THE DEPARTMENT OF PARKS AND RECREATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 08-00501 Legislation.pdf 08-00501 Exhibit 1.pdf 08-00501 Summary Form.pdf 08-00501 Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0246 RESOLUTION Honorable Mayor Manny Diaz A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $125,000, FROM THE AT&T FOUNDATION, TO PROVIDE INTERNET CONNECTIONS TO STUDENTS PARTICIPATING IN THE ELEVATE MIAMI-RITES OF PASSAGE PROGRAM; AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD AND EXPEND THE $125,000, WITH ANY INTERNET SERVICE PROVIDER WHO HAS BEEN DETERMINED TO BE RESPONSIBLE AND RESPONSIVE TO THE REQUEST FOR LETTER OF INTENT NO. 79049. 08-00509 Legislation.pdf 08-00509 Cover Page.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0247 Chair Sanchez: Okay. Let's go ahead now and go to the -- How do you want to do this? Do you want to take up the items -- CA.12? Pedro G. Hernandez (City Manager): Right, Mr. Chairman. Good morning. We do have -- City of Miami Page 13 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: The Mayor's initiative. Mr. Hernandez: -- five items that are, I consider, major items; are CA.12. CA.12 is a resolution of the City Commission authorizing the Manager to accept a grant -- Chair Sanchez: All right. But Mr. City Manager, CA.12, we'll do with the consent agenda. Mr. Hernandez: Okay. 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: Let's go ahead -- Commissioner Gonzalez: Did we voted [sic] on the consent agenda yet? Chair Sanchez: No, no, no, no, no. Commissioner Gonzalez: Not yet? Chair Sanchez: We're going back to the consent agenda. We're trying to get back on track here. Let's try to -- I know that the interpreter's here. We'll get them out of here as quickly as possible. I don't think there's any issues pertaining to the consent agenda. Are there any items to be pulled from the consent agenda? Commissioner Sarnoff. I'd like to discuss CA. 7. Chair Sanchez: All right. CA. 7 is being pulled for discussion by Commissioner Sarnoff. Any Commissioners want to pull any of the other consent agendas [sic] for discussion? No. Mr. City Manager, would you like to pull any consent agenda for discussion? Pedro G. Hernandez (City Manager): No, sir. Chair Sanchez: If not, I need a motion to approve the remaining -- Commissioner Sarnoff. So move. Chair Sanchez: -- consent agenda. Commissioner Gonzalez: I'll -- Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by the Vice Chair, to approve the remaining consent agenda. Hearing no discussion on the consent agenda, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City of Miami Page 14 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Madam Clerk, the consent -- the remaining consent agenda was approved. City of Miami Page 15 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 PERSONAL APPEARANCE PA.1 08-00427 DISCUSSION ITEM MR. WILLIAM TALBERT, PRESIDENT & CEO OF THE GREATER MIAMI CONVENTION & VISITORS BUREAU TO ADDRESS THE CITY COMMISSION REGARDING AN UPDATE ON THE STATE OF THE INDUSTRY CONCERNING TOURISM AND HOSPITALITY. 08-00393 Cover Page.pdf 08-00427-Submittal-Article-Miami Herald.pdf DISCUSSED Chair Sanchez: Let's go ahead and go to public appearances. We'll get -- Bill, we'll get you out of here. I'm sure you got better things to do. So who do I recognize? Do I recognize the Mayor or Bill Talbert? And then we're going to follow up with the pension, and then I have an item -- all of these items have been taken out of order, point of privilege. Commissioner Gonzalez: Not the pension, the DROP (Deferred Retirement Option Plan). Chair Sanchez: I'm sorry, the DROP. Mayor Manuel A. Diaz: Thank you, Mr. Chairman, members of the Commission. As you know, every year, we, in the City, recognize National Tourism Week in the City ofMiami. This is a -- National Tourism Week was established in 1983, and it obviously recognizes the great work that the Visitors and Convention Bureau, in our case, does here in Miami. I'll have you know that last year, for example, we set a record of 12 million annual visitors to the Greater Miami area that generate $17 billion a year. Obviously, as many of you know, it is -- well, Bill will tell you it's our only industry, but it's one of our largest industries, and certainly, largest employers in the City. And we appreciate the work that Bill and his entire staff do on our behalf. And you know, Bill, as I'm sure, maybe most of you got the expense reports that Bill sends out to us once a week or so, I think. And as you've seen from the numbers, I mean, we're -- we have the highest occupancy rate in the entire country during the first quarter of this year, and our room rates are the second highest in the entire country, just behind New York. Pretty amazing that in spite of all that has occurred post-9/11, in spite of an economy that is sluggish, that are brand continues to attract people from all over the world. So with that, I'd like to present this proclamation to Bill, and I'm sure Bill will have a couple things to say to you. Bill. We can applaud. Applause. William Talbert: Thank you, Mr. Mayor. We're going to be brief. I've been asked to be brief andl will be brief. I'm going to acknowledge my boss, Gene Prescott, my board chair, who wished he could be here today, but think he's checking in hotel guests this morning. We have our senior team here, most of it. Rolando Aedo, who, like myself, lives in the City; he's our new senior vice president ofMarketing and Tourism. Let's hear it for Rolando. Applause. Mr. Talbert: We have Ginny Gutierrez, who's our community relations director, andl think many of you know her. She does a terrific job, and she's really one of my right hands in terms of reaching out to the entire community and staffs our heritage tourism committee. We have Lorraine Chapman, who many of you may know from Ballet Gamonet, who we were able to steal away and is now our membership director. So I don't want anybody who's watching this on TV (Television) -- she's ours, and she's doing a terrific job so, Lorraine, welcome. Applause. City ofMiami Page 16 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Talbert: All of this is about partnerships. I think the Mayor has stolen most of my thunder, as he should. We have some of our partners here. We have Jungle Island here represented. We had unions earlier; our board attorney, Lucia Dougherty, was here earlier. We have some hoteliers in the room. Let me just give you just a couple of quick facts, and I'm not going to repeat the Mayor's numbers, but last year when we stood here, we were coming off a record year. And said there's a lot of competition out there. It's very tough to get into this country. And representing you, and as your sales and marketing agent for tourism and for meetings and convention, we were going to work 24 hours a day to do good things for your city, which, at the end of the day, is the number -one employer in your community, and we certainly understand that. And to and behold -- and yes, in 2007, we had record overnight visitors. Now you'd say, okay, fine. Travel and tourism to the Greater Miami area was up 3.3 percent. Guess what? The entire state of Florida was down 1.7 percent. We're bucking the national trends. Why? Because of the partnerships we have with you and others that do the right thing, make the brand strong; yes, give us the resources to market your city around the world, which we do, so I thank you for that. We've got some incredible numbers. I think that we've given our visitor profile, but among other things, the highest satisfaction levels in history; the highest intent to return in history, and an incredible 84 percent of our customers had been here before. Now if you run a private business, you die for that. We're always looking for new customers, but 84 percent had been here before, which means for the Miami brand there's no more been there, done that. You're able to refresh building this city and the customer continues to come. Now just like we said last year, there's a lot of competition out there, whether it's Dubai, billing [sic] to be the international hub in the world. I spent some time there. It's warm. They have beaches, shopping, events, so it's incumbent upon all of us to keep improving the brand. Let me -- Chair Sanchez: Bill -- Mr. Talbert: -- give you just a quick plug, since -- Chair Sanchez: -- let me interrupt you there for a minute. Mr. Talbert: Yes, Mr. Chairman. Chair Sanchez: Any why is that? Mr. Talbert: Why is what? Chair Sanchez: Why are they working at becoming the number one -- and what is it that they're doing to become number one in the world? Mr. Talbert: Well, Dubai, Mr. Chairman, has -- Chair Sanchez: They're investing. Mr. Talbert: -- one thing. They have unlimited cash. Chair Sanchez: I know that. Mr. Talbert: They have unlimited cash, and they're investing in the infrastructure. It's interesting. Dubai itself is physically smaller than Dade County. It has a smaller population than Dade County -- Commissioner Gonzalez: Yep. Mr. Talbert: -- today, has fewer hotel rooms than Dade County, fewer -- and fewer visitors than City of Miami Page 17 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Miami -Dade County and the City, so their vision -- and they have one vision. It is a different form of government -- is to be the international hub for tourism and commerce. Those are their words, not mine. And remember, it's smaller than Dade County, smaller physically, and they -- you know, they -- they're running out of oil, so they decided before they ran out of oil, they were going to build this major city. They have also -- another thing, Emirates Air that Dubai owns has the largest and first purchase of the A380 airplane, 555 passengers can fly 6,000 miles. Half the world's population is an eight -hour flight from Dubai. So remember, warm beaches. They're starting to get some culture. They're building a new airport with six runways; it'll have a capacity for 50 percent more passengers than the number -one airport in the world. So -- but with that said, there's one good thing about Miami, and I've been here 40 years. I don't intend to go anyplace. They're going to carry me out of this great place. I am a City resident. I'm a proud hybrid owner. But let me say that what's different about Miami is Miami's authentic. This is a real place, and you're a global community now. Having been here 40 years, that wasn't the case. So one of the reasons you're bucking the US (United States) trend in travel and tourism is 'cause you're a global community. You've had that vision to position yourself and that's good. The world marketplace -- and remember, repeat customers -- and we're working new markets; India, China, and others. And you're building new hotels. We did some analysis [sic] yesterday with Miami Today, and they'll come out with a story. We're probably going to double the number of hotel rooms just in that Brickell corridor in the next few years, so there are a lot of great things. We have, you know, attractions. The Performing Arts Center -- I'll put in a plug for that on the meetings side. The largest convention we will have this year is the Gala Chorus Group in June, and it will be in the City. It will include the Performing Arts Center, 6, 000 folks from the world, from the globe -- they're involved with choruses -- will be here in your city in June. As well as -- I'll put in a plug for the Mayor -- I can feel the Mayor's energy -- for the US Conference ofMayors. Is that -- Mayor, is that correct? And that is our most important meeting of the year. And we've been proud and pleased to work with your Mayor in helping bring that event here. It's in the City. I have traveled with the Mayor to D.C., and -- your Mayor, Manny Diaz, my neighbor, my friend in the City is -- he's a rock star among the US Conference of Mayors. He is a rock star, very -- and you respect him; we all respect and love him here. He's saying that's too much. But -- Commissioner Sarnoff I think MickJagger's pulling at your hooks. Mr. Talbert: Yeah. No. But the point is, he's brought an important meeting to your city. It's been fully ten years since the US Conference ofMayors was here. Now, remember, we've talked about this great vacation destination, but every destination to thrive -- you know, you talked about the competition -- has to have a strong meetings and convention side. And, you know, we work with -- we have the municipal lawyers coming and great events. We have the International Association of Events and Expositions in December. We have the La Cumbre, Latin American inbound travel, in September. In next May -- Is the Mayor pulling me off here? Next May, the Pow Wow event, which is the number -one tourism show in the United States of America -- you couldn't get better timing with all of the competition and the economic challenges in the economy of the United States to have La Cumbre Latin America and Pow Wow coming in the next 12 to 14 months. It is an incredible opportunity for us to bring customers here. I hope I answered your questions. Commissioner Sarnoff Bill -- Chair Sanchez: Yes. Commissioner Sarnoff -- can I --? Mr. Chair. Mr. Talbert: Yes. Commissioner Sarnoff I had the honor of addressing the tax network of lawyers recently, and City of Miami Page 18 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 one of the observations they brought was that they would like to bring a great deal of investment to the City ofMiami, but one of the things that holds their clients back is the fact that they have to stand on a very long laborious line in Immigration. I understand that there was a bill proposed somewhere in Congress that if you were an owner of land or an investor in the United States, that there would be an alternate line created. Is there something the GMCVB (Greater Miami Convention and Visitors Bureau) can do to help facilitate either that bill or a like bill? Because whatl was told is the number of Russian, Dubai investors, and even German investors that would like to invest in Miami is significant, but one impediment, which we all -- I guess we don't really see it, consider it -- they just don't want to stand in a very long line when they intend on coming to the United States, you know, five, six, maybe ten times a year to enjoy their investment. And it seems like we're missing out on an opportunity from taking some foreign investment from some foreign investors who very simply want the courtesy of being recognized as being legitimate people and not having to wait in a tourist line. Mr. Talbert: Let me -- I'm glad you mentioned that, Commissioner, 'cause I talked about -- andl - - you -- this is a good segue into what your listeners need to know. While we had record tourism last year, we do not -- we are not back to our pre-9/11 numbers for foreign visitors. And why? Because of the world's worst entry process. I think as I stood up here last year, we talked - - I'm on the Travel Industry Association's board now. We joined the board last year. I'm not familiar with that particular statute. We will certainly look into it. We're in the process of forming a national tourism bureau, which is going to help. But the entry process, you're absolutely correct, is the most miserable. By the way, it's twice as bad whoever the worst is. And we're working on that issue with the Travel Industry Association, actually, the owners of Pow Wow. And Roger Dow, its CEO (Chief Executive Officer), is very (UNINTELLIGIBLE) on these issues, andl'll get with you and get the actual statute, but -- andl'll give you -- Miami is still down about 3.6 percent in international visitors from the pre-9/11 highs. You never want to be down. And by the end of '08, we'll exceed that number. United States ofAmerica -- the entire United States ofAmerica is down 11 percent in foreign visitors. So, once again, we're bucking the trend, but if that entry process, both for the businesspeople and for the meetings and conventions and the leisure side -- we grew five or six percent from Canada, five or six percent from Europe. We should have grown 15 to 20 percent from Europe last year. And we are growing, but this awful entry process that we go through -- but I'll give you an example. We just talked about Dubai. Dubai now has a direct flight from Brazil to Dubai. We have 400,000 Brazilians a year who come here and spend billions of dollars. Brazil, Dubai, so I mean, that's what the competition is, so we'll get that statute and work on that, but it's a miserable process, and it's a credit to the strength of this brand that the numbers are growing, but the United States is just in miserable shape, even with the weak dollar. It's just -- people can go other places -- they just go. I want to put in a plug quickly. Since last year, we got the coveted accreditation award from the Destination Marketing Association International. I think each of you got one of these. Only six percent of the bureaus in the world have received this, andl want you to know that along with Miami, the Las Vegas bureau, the largest bureau in the world, got the accreditation at the same time. So, in terms of the partnership, I want to thank each of you. We work with you and your staffs; James Tevas of your staff. It's a great partnership, and I think you see what happens when people all work together. But at the same time, there are challenges, and there is significant competition. As well as we're doing, people ask Bill Talbert what keeps you up at night. It's simply the competition. You see some of this competition out there, and you - - you know. Now we're authentic. We're tropical and we're cosmopolitan. You've got a great brand, and you've been nurturing it, and we encourage you to continue those partnerships you've got with us. And we have the Urban Land Institute meeting coming next fall, a very important meeting in your city. Andl also want to congratulate Julie Bru on being appointed City Attorney. What great judgment you have for appointing her. Thank you very much. Chair Sanchez: Vice Chair Spence -Jones, followed by Commissioner Regalado. Vice Chair Spence -Jones: Thank you, Mr. Chairman. First of all, I want to publicly City ofMiami Page 19 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 acknowledge Bill and all of his wonderful energy. Mr. Talbert: Pardon me? Vice Chair Spence -Jones: Bill, I want to publicly acknowledge -- Mr. Talbet: Okay. Vice Chair Spence -Jones: -- Bill and all of his wonderful energy -- Mr. Talbert: Thankyou, Commissioner. Vice Chair Spence -Jones: -- for always keeping us informed. Definitely wanted to acknowledge his team, Rolando and everyone else that's with him; James Tevas for, you know, constantly making sure that the City of Miami stays on the minds of you guys at the Bureau. Mr. Talbert: And you always remind me, Commissioner, too. Vice Chair Spence -Jones: I want to also commend you for really taking out the time to promote neighborhood tourism. Andl know that we've talked about -- or you've talked or mentioned all of the great, wonderful conferences and conventions that are coming in town. Those things are awesome, but for us that sit up here to represent several neighborhoods, when the dollars actually flow into the neighborhoods, that's when we see the impact of what you do. So I just would like to continue to encourage any (UNINTELLIGIBLE) trips, any outside tourism kind of trips to Allapattah. They have a great shopping district there; Little Havana, you're already doing, that know with their event, but I'd like to also continue to see the same thing happening in my area, like Overtown, Liberty City, Little Haiti, and you've been doing -- you guys have been doing an outstanding job in supporting us in doing that. I just wanted to at least officially put that on the record. I want to also acknowledge you for your support with the Hospitality Institute because we can build these communities and attract as all -- as many people as we want, but if we don't have jobs available with people that we represent in those arenas, then a lot of times it's fruitless. So we want to thank the Bureau for their support with the Hospitality Institute that's operating in the heart of Overtown now; for sending your team there, for getting the hotels involved with Julie Grimes and that whole team over there. We truly appreciate everything that you continue to do to make sure that there are more jobs also happening. And your Miami is Me campaign, I want to also commend you for that because that -- Mr. Talbert: Thank you for plugging that. Vice Chair Spence -Jones: -- truly speaks to the heart of what Miami is. And for a very long time, we had to explain to the public that we are not Miami Beach, so I think that with this new campaign that you guys have, it is outstanding. And hopefully, we can begin to see people like -- I see one of my restaurateurs here, Shantel's Lounge, that has the best barbecue, I would say, in Liberty City. We'd like to see some of those (UNINTET,T IGIBT ,F) trips, with 20 and 30 people, going to the smaller businesses that are in the neighborhoods 'cause they can benefit from those tourism dollars that come to the City. So on behalf of at least District 5, we thank you for continuing to think about us. And we will continue to work along with you, Rolando and James, to make sure that the neighborhoods actually reap the benefit from your great work. Mr. Talbert: Thank you for your kind remarks. Chair Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: Thankyou very much, Mr. Chairman. The buzz is about Dubai, but like you said, they have all the money in the world, but especially, they are very, very liberal on City of Miami Page 20 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 their investment. Here we have a lot of rules and regulations, and besides, they just are taking space from the water, and it's only one destination -- there's no other place you can go after Dubai. So it has to -- you have to come and leave, and here, we are a multi -destination. People can spread around, so we need not worry, I guess, about Dubai that much. But my question, Bill, was recently there was a story in the paper that one of the cruise companies has ordered three new ships, but they chose to base those in Port Everglades. Being us, the cruise capital of the world, why is that? Mr. Talbert: You'd have to ask, Commissioner, the cruise lines. About six percent of our overnight visitors come here for a cruise. We are and will continue to be the cruise capital, but those are market decisions that those -- I mean, they're not leaving. If you saw the release yesterday, NCL (Norwegian Cruise Line) is -- National -- Norwegian Cruise Line is bringing another ship back into the -- Commissioner Regalado: Right. Mr. Talbert: -- market, so I mean, those are decisions -- and we're in contact with our cruise partners, and it's -- you know, we wish all the ships would stay here, but there was a significant investment by Port Everglades, probably $37 million for a new facility, and that, apparently, made the decision for them. So, we wish all -- Commissioner Regalado: What is it -- how can we increase the overnight ratio for cruise passengers? Is there --? Mr. Talbert: Well, if you think six percent, that's -- you know, six percent of 12 million, that's a big number, and the number has fluctuated maybe as high as nine and as low as four percent, so it's important business, and it's one of the number -one consumers of hotel rooms in your city because of people laying over; whether it's the Saturday cruise or the Sunday cruise or the -- so it's -- and it has been growing. Once again, we are the cruise capital, and we will continue to be the cruise capital. We work very closely with the port, and we will get more ships. Commissioner Regalado: Thank you. Chair Sanchez: Bill -- Commissioner Gonzalez. Commissioner Gonzalez: I'm all right. Chair Sanchez: Okay. Bill, as always, I want to thank the Bureau for promoting our number -one industry. Our number -one industry in the City is tourism. It generates $17 billion economic impact last year. I would say roughly, doing my homework, there's about a hundred and some thousand jobs directly. But indirectly, every tourist that comes to our city, once they land at the airport, they start leaving money behind. Mr. Talbert: Tourism is everybody's business. Chair Sanchez: Exactly. It's everybody's business, from the cab driver to the hotel to the doorman to everyone working at the hotel. We are a service community, and that's why it's important -- every time that we talk about tourism, there is one word that we must keep in mind, and you said it very clearly. That is competition. People fight for those dollars because those dollars bring economic vitality and jobs for people. So I just want to thank you and your staff who continues to work very hard to make sure that Miami is recognized and South Florida -- Mr. Talbert: We'd like to give you a proclamation honoring you for your contributions, if we might? City of Miami Page 21 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Yeah. Mr. Talbert: Commissioner. Chair Sanchez: You're recog -- here. You have the record [sic]. Mr. Talbert: You want us to come up? Vice Chair Spence -Jones: While Bill is coming up, I just want to ask also Rolando and Bill, you know, we -- I think three of us -- at least three of us -- four of us have new parks happening in our district that are going to be state-of-the-art parks. The water park -- Gonzalez, your water park -- Commissioner Gonzalez: Yeah. Vice Chair Spence -Jones: -- we want to see more tourism -- or see tourists going to the park. Our cultural complex as a part of Little Haiti -- Bill, can I just ask this real fast, before we take the picture? We have at least in our -- I know three of us have three major parks that we invested a lot of monies and dollars into. We definitely would like to see if there's a way that we can create some sort of promotional piece that could promote the City ofMiami parks and what's happening so that we can drive tourists to those parks. Is there a way that we can work along with you guys to do that? Unidentified Speaker: Yeah. Vice Chair Spence -Jones: That'll be great. Unidentified Speaker: The water park is steps away -- Vice Chair Spence -Jones: I know -- Unidentified Speaker: -- from the airport. Mayor Diaz: And Bill, thanks for being short. Chair Sanchez: Yeah. Mr. Talbert: I am short. Chair Sanchez: You know, all you have to do is give Bill a mike, and that's it. Brief. Mr. Talbert: I'm not saying anything. I'm done. Chair Sanchez: He's done? You present us the -- Mr. Talbert: Presented to the Mayor, Commission, the City Manager, City ofMiami, in recognition of your leadership and support of the travel and tourism success in Miami. National Tourism Week, May 2008. Thank you very much, sir. Chair Sanchez: Okay. They got the proclamation. All right. Thank you so much. Appreciate it. Mr. Mayor, I think you should receive this. All right. Thank you. City ofMiami Page 22 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 PUBLIC HEARINGS PH.1 08-00393 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY NOTICED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY THAT IT IS IN THE BEST INTEREST OF THE CITY OF MIAMI ("CITY") TO WAIVE THE REQUIREMENTS FOR COMPETITIVE BID PROCEDURES PROVIDED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE") IN SECTIONS 18-85, 18-87, 18-90 AND UNDER FLORIDA STATUTES SECTION 287.055; AUTHORIZING AN INCREASE IN THE AUTHORIZED AMOUNT BY AN AMOUNT NOT TO EXCEED FIVE HUNDRED AND TEN THOUSAND DOLLARS ($510,000) TO THE PREVIOUSLY AUTHORIZED SECOND WORK ORDER AMOUNT OF ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($1,700,000) FOR THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT (" AGREEMENT") WITH DUANY PLATER-ZYBERK & COMPANY, LLC F/K/A DUANY PLATER-ZYBERK & COMPANY, INC. FOR WORK REQUIRED FOR CITYWIDE TOWN PLANNING, PUBLIC MEETINGS, AND URBAN DESIGN SERVICES FOR THE MIAMI 21 MASTER PLAN PROJECT WORK ORDER, INCREASING THE NEW TOTAL AUTHORIZED SECOND WORK ORDER AMOUNT NOT TO EXCEED TWO MILLION, TWO HUNDRED AND TEN THOUSAND DOLLARS ($2,210,000), AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE AND TO EXTEND, CONTINUE AND AMEND THE SECOND WORK ORDER AND THE AGREEMENT THROUGH DECEMBER 31, 2009 WITH FUNDING TO BE APPROPRIATED FROM GENERAL FUND ACCOUNT NO. 00001.980000.891000.0000.00000, ALLOCATING TO PLANNING DEPARTMENT ACCOUNT NO. 310000.351000.531000.0000.00000. City of Miami Page 23 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 08-00393 Legislation.pdf 08-00393 Exhibit 1.pdf 08-00393 Exhibit 2 .pdf 08-00393 Exhibit 3 .pdf 08-00393 Exhibit 4.pdf 08-00393 Summary Form.pdf 08-00393 Amendment to PSA. pdf 08-00393 Fees.pdf 08-00393 Map.pdf 08-00393 Master Report.pdf 08-00393 Memo.pdf 08-00393 Minutes.pdf 08-00393 Notice of Public Hearing.pdf 08-00393 Notice of Public Hearing 2.pdf 08-00393 Pre-Attachment.pdf 08-00393 Pre-Legislation.pdf 08-00393 Pre -Legislation 2.pdf 08-00393 Project Schedule.pdf 08-00393 PSA.pdf 08-00393 Scope of Services.pdf 08-00393-Submittal-Letter-Silvia Wong. pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado R-08-0255 Direction by Vice Chair Spence -Jones to the City Attorney to draft legislation to prohibit the Administration from issuing work orders that exceed the amount budgeted for projects. Chair Sanchez: All right. Let's -- yeah. We could do about an hour of this. All right. Let's go to PH.1, get rid of PH.1. Pedro G. Hernandez (City Manager): Mr. Chairman, on PH.1, it's Miami 21, the amendment to the contract. It's an item that you had before you a month ago, and at that time, you requested additional information to back up all the work completed to date, which requires an amendment to the scope. I think it's important that address a significant issue that has been raised, and I've been asked to work with the City Attorney in coming up with an answer, and the question is, can you actually use the existing balance in the Miami 21 account, which is close to 700, 000, to pay for the completed work to date, which is 411,000? The answer to that is yes. However, I still would need an amendment to the scope. So, an amendment to the scope is needed in any event. IfI want to go -- ifI went in that direction, I would have to do just an amendment to the scope for the work completed, the 411, 000, and if you then authorize me to continue with the work, I would have to come back probably in 60 days to ask for another amendment to the compensation to be able to then complete the work. That's why my recommendation at this point in time is to do an amendment to the scope and an amendment to the compensation to be able to pay for the work completed up 'til now and then be able to complete the land -use maps, which is the remaining effort for quadrants II, III, and IV, and the plan would be then to bring back the complete Miami 21 effort, meaning the land -use maps and the Code itself the book of rules, in October/November of this year. The documentation that you have with you -- Chair Sanchez: But hold on. Just for the -- just on that issue, the point of clarification on that issue, no matter what avenue we take, you would still need an amendment to the scope? City of Miami Page 24 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Hernandez: I need to amend the scope no matter what. Even if the desire is just to pay for the completed work up to date, I would still need an amendment to the scope. Chair Sanchez: All right. Mr. Hernandez: And what I'm trying to do is to avoid having to come to the City Commission twice. Chair Sanchez: Okay. Mr. Hernandez: The information that you have before you or that was provided to you includes a compilation of all the completed work in '05, in '06, and in '07. It includes additional economic work that was needed for updates of the marketing study and public benefits. It includes the additional district meetings that were requested by the City Commission back on June 28, 2007. It includes the comparative study where we had selected consultants do a comparison design between 11000 and Miami 21. It includes also revision to the floor lot ratio for downtown, and all of that work is what composes the $411,807. There is also a request to add an additional economic work, which requires an additional $95, 000. Every one of the quadrants was supposed to have an economic study. In quadrant I, two were done, so some of that money was used in quadrant I, so in order to complete the economic studies for the remaining quadrants and to do public benefit analysis, we need an additional 95,000. So the total amendment that I'm asking for is $510, 000. To provide additional information, responses to questions, I have Ana Gelabert, the director of Planning andl also have Francisco Garcia, who is a principal planner at Duany Plater-Zyberk. Commissioner Gonzalez: I have a question. This resolution amends the scope? Mr. Hernandez: Yes, sir. Yes, it does. Commissioner Gonzalez: All right. Mr. Hernandez: Amends the scope and also the compensation. Chair Sanchez: And the compensation. Mr. Hernandez: Both. Chair Sanchez: All right. So how do you want to handle this? You want -- are there any questions? I mean, is it going to come from the Commission? Is it going to come from the public hearing? Commissioner Gonzalez: I'll -- Chair Sanchez: I mean -- Commissioner Gonzalez: -- I'm ready to move the resolution, and then for a -- for discussion. Chair Sanchez: All right. Let's go ahead and do that. It's [sic] requires a four fifth, so you know. Is there a motion and a second for the purpose of discussion? And then we'll open it up to the public. Okay. Commissioner Sarnoff. Second. Chair Sanchez: There is a motion by Commissioner Gonzalez, second by Commissioner Sarnoff, City of Miami Page 25 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 for the record. Let's open it up to the public. It is a public hearing. Anyone wishing to address this item, please step forward You got two minutes. Commissioner Gonzalez: This is a resolution. Is this a public hearing? Chair Sanchez: Yeah, but it requires a public -- yeah, it's a public hearing. All right. Anyone from the public wishing to address this item? You can't speak from there. You could come up here and state your name and address for the record and say whatever you want, but not from there, Julie. Hadley Williams: Hadley Williams, 2441 Trapp Avenue. I also am involved in Miami Neighborhoods United, representing the team that has been working on Miami 21. MNU (Miami Neighborhoods United) is in favor of many of the principles ofMiami 21. As we said a year ago on June 28 during the hearing, the devil is in the details. We have, frankly, not been pleased with the receptivity of either the planners or the City staff with many of the issues that we have had in trying to impose too many restrictions on the existing traditional neighborhoods. So we are in favor in general with Miami 21, but somehow, if this contract is extended, we would like some assurances from the City Commission instructing the City Administration to receive and be more flexible in hearing the concerns of the citizens. We've been expressing those concerns for over two years, and in our view, they have not been heard. Commissioner Gonzalez: I want to take this opportunity to -- Chair Sanchez: Thank you, sir. Commissioner Gonzalez: -- ask you to remember that phrase, flexible. Mr. Williams: Yes, sir. Commissioner Gonzalez: Remember that word, flexible. Mr. Williams: Yes, sir. Commissioner Gonzalez: Flexibility, okay? Remember that word. Chair Sanchez: Thank you. Next speaker, unless you have a question. Commissioner, do you have a question towards the gentleman? Commissioner Regalado: The question I have -- you are the lead person on Miami Neighborhoods United. You have been very polite. What would you recommend from the neighbors' point of view as the future for Miami 21 and the rest of the City? What would you expect, as a representative of the residents, to see? Mr. Williams: First and foremost is our request from the last two years that the rule book be opened for review as the rest of the City is being worked on. The City Administration has taken the position that the rule book is essentially done based on the discussions in the first quadrant of the City. We have been recommending since June 2006 that the rule book not be considered complete until there has been input from all citizens from all quadrants of the City. And number two is specifically the overly -specific guidelines in terms of design that are not conducive to implementing in the traditional neighborhoods. Thank you. Chair Sanchez: Mr. Hadley [sic], how many meetings have you attended pertaining to Miami 21? Ballpark figure. It's got to be a hundred. Mr. Williams: How many days have there been since April --? Probably 70, 80, 90 meetings City ofMiami Page 26 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 that are the public meetings; and internal work sessions, probably another 70 or 80. Chair Sanchez: You want to address his concerns? Ana Gelabert-Sanchez (Director, Planning): Yeah. I just want to address one of the concerns that Mr. Williams made regarding the Code. I think we've said it in many times on the public hearings we've had that the Code, pretty much, it is ready, but we understand that once we go to the other quadrants, if there might be some issues that need to be changed and addressed, that we would do that. So I just wanted to put that on the table because -- andl -- that has been said by the planners and the Planning Department. Chair Sanchez: All right. Thank you. Any other speaker? Julie. Judith Sandoval: I was going to give him my ten minutes. That's all. Commissioner Gonzalez: Well -- Chair Sanchez: Well, any other speaker? Commissioner Gonzalez: He doesn't want to speak on the record. Chair Sanchez: At this time -- You're going to speak on the issue, Miami 21 ? Joe Simmons: Yes, sir. Joe Simmons. I'm a resident of Floral Park Homeowners' Association Group, and some of the concerns we have -- because it's not -- the last meeting recall having was August of last year over at Hadley Park. At that meeting, we discussed setting up subcommittee groups in order for us to get together as a group to address whatever concerns of the changes the City has proposed, but we haven't had any meetings. There have been e-mails (electronic) flying all over the place, phone calls, and letters, but we still need to have clarity on what Miami 21 means. I know the City's revamping their whole code system and what it means to us. Chair Sanchez: Joe, for the record, are you here in what capacity and what hat are you wearing? Clearly identify that. Mr. Simmons: President of Floral Park Neighbors Association, Inc. We are registered in Tallahassee. You go to Sunbiz. org and look us up. Chair Sanchez: All right. Thank you. Mr. Simmons: Thank you, sir. Carmen Sanchez (Assistant Director, Planning): Commissioner, iflmay. Chair Sanchez: Anyone else? Ms. Sanchez: Just a response to the gentleman's comments. Carmen Sanchez, Department of Planning. Chair Sanchez: All right. Wait, wait. Anyone else from the public? The public hearing is closed at this time; coming back to the Commission. Carmen, you're recognized. Ms. Sanchez: Good morning, Commissioners. Just in response to the gentleman's comment, we did have that meeting with Commissioner Spence -Jones in Hadley Park. Once the Department gets the go-ahead to move forward with the other quadrants, we will be having those meetings City of Miami Page 27 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 with the neighborhood groups. We're just waiting at this point for the go-ahead from the Commission. Thank you. Mr. Hernandez: Mr. Chairman, if you allow me. I think it's important to note that, yes, you get - - hear comments that issues haven't been addressed, but, in essence, we and the consultant have not ignored the comments. Sometimes the response have not been to, let's say, the liking of the people who made the original comments. I would like -- I would say that probably the majority of the comments have been accepted or well addressed, and we always will continue to be open to address issues of the community. Also, reference the book of rules, the Zoning Code, because of concerns that I heard at the last meeting, our position is to hold off on the book of rules and then bring it when we have all the land -use maps together to alleviate any concerns and allow for any changes that the book would have to receive prior to bringing it back as a whole, as final. Chair Sanchez: All right. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. I just want to set the record straight because we have been discussing this item several times, andl remember vividly the other discussion, and the other discussion was this additional funding needs to be pay because the Commission requested more meetings. The Manager just repeated that statement a few minutes ago, explaining the scope and the cost overruns of the project, and it seems that this whole $510, 000 is because the Commission requested several meetings. That is the perception of the people that are not technical like me get because it has been repeated and it -- andl have the records -- several times, on the first meeting that we discuss this and just today, when the Manager mentioned it as one of the reasons for the need for this money. However, the meetings were held in 2007. Actually, there was a cost overrun or what they call sub -- total service beyond scope in 2005 for $55, 451. That's cost overrun, services beyond scope of the contract, that's 2005; 2006, services beyond scope the contract, $123, 457.50; total services beyond scope, '07, 62,775. It was in '07 when the meetings mandated by the Commission were done, not '05, not '06. I'm just trying for the public to understand that it wasn't the City Commission being a brat that we requested many meetings and this is why now we need to pay half a million dollars of the taxpayers' money; '05 and '06 is the responsibility of the Administration and the cost overrun, or as they say here in diplomatic language, service beyond scope; '06, 123,000; '05, 55,000. As a matter of fact, in 2007, there were 28 meetings -- additional meetings. IfI remember, we had two in District 4, so it's -- I guess, three -- five by three, it's -- will be the number that we requested, so there were more than what the Commission requested. So just to set the record straight, this has not gone beyond the control of the budget approved just because the City Commission requested more meetings. This is the doing of the Administration, so next time when we discuss this, just don't say that this cost overrun was because the City Commission requested more meetings. The other issue that have, Mr. Manager, is that on the memo that we got from you regarding this -- the need -- it was imply that the City Attorney's Office was saying that we cannot use that money to pay the money that is still in the account to pay for the cost overruns or service beyond scope, not all requested by the City Commission. I'm sure that the Administration have other issues or -- whatever, we don't know, the service beyond scope. So -- but I asked the City Attorney and she said that you can very well pay what you need just by changing the scope of the contract, and that would be fine because I think that Miami 21 needs to be analyzed, and whether we like it or not, we need to be -- keep talking about -- Just yesterday, the American Institute of Architects did a very, very unique and unusual thing. They came out with a position paper specifically on Miami 21. This is extraordinary. Whether you want to listen to them or not, this is unique. This is the American Medical Association telling a doctor that they should have a Plan B for a patient. And you know, we may ignore them, but I mean, this is important, and it needs to be discussed in the public forum. Probably it won't be discussed, but it is important. So I don't think that you should insist that this Commission allows you to keep $700, 000 plus half a million dollars more on a contract that never went to bid and that has been amended and amended and amended by your Administration and by the previous City of Miami Page 28 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Administration and that started with a small, very small contract to a firm that now has the biggest undertaking that any city, in terms of planning, has done. So I don't understand why do we need to give you $510, 000 today if you have money to pay what we owe this group, which, by the way, it wasn't the Commission fault that we owed them so much money because going back 2007, the cost overrun was $72, 000. So I just want to understand. I know that it's easier for you, it's cleaner, but I guess that you know for a fact that there is the political will to approve anything that has to do with Miami 21, and that I don't know. I don't know what my colleagues think. I don't know what wouldl do. I don't know how would the people react in the next month or weeks or a year in terms ofMiami 21. So I don't -- I'd just like to understand how is it that you are so fixed in not paying what we owe, which wasn't the doing of the City Commission, 'cause since it was repeated five time, I will repeat it five times that it wasn't the doing of the City Commission. So I will not have any problem to pay them what they need to be pay, although we didn't authorize most of the thing of the cost overrun on that money. We just authorized the 28 meetings, but being as it is, I don't have a problem with that. I do have a problem with adding half a million dollars for something that is highly volatile, very controversial, and that now has the opinion of all the experts, all the recognized experts in Miami -Dade County against it, so that is, Mr. Chairman, my statement. Chair Sanchez: Thank you. Commissioner -- Mr. Hernandez: Mr. Chairman, ifI may, just for the -- Chair Sanchez: Yes, sir. You're -- Mr. Hernandez: -- record, to clam -- Chair Sanchez: -- recognized for a response -- Mr. Hernandez: -- a couple of comments. Chair Sanchez: -- or comments. Mr. Hernandez: With respect to the contract itself my understanding is that DPZ (Duany Plater-Zyberk) was selected through a competitive process some years back for town planning services. There was a work order issued to them for some work along the FEC (Florida East Coast) Corridor, and then, subsequently, there was another work order issued to them for 1.7 million for the Miami 21 project. So there was an initial competitive selection process that was done. Also, I think it's important to note that when I made the reference to Commissioner -requested meetings, I made the reference to June 28, '07. I didn't extended that to any of the other meetings. The Commissioner -- the Commission itself doesn't have that responsibility. I think that the Administration was reacting to providing the most transparent process and as much information to the community as needed. So it's a combination of working with the community, working with developers, zoning attorneys, homeowners associations that, in essence, caused that large number of meetings. Reference the support or not of the AIA (American Institute of Architects), I know that about a year ago or so, the AIA, I felt, was supportive ofMiami 21. I think that the leadership at AIA has changed and so has changed their position, but I still feel that the action that we're taking is proper. I think it's more complete and better addressed that recommend to you that we do both; that we amend the scope and amend the compensation to be able to go forward and complete this project once and for all. Chair Sanchez: Commissioner Gonzalez, you're recognized for the record. Commissioner Gonzalez: Yes. Basically, you know, we have to pay. That's the bottom line. I don't care, you know, how it was spent. I would like to know what was the scope -- I mean, the work done beyond the scope, you know, if there was any other work other than meetings City ofMiami Page 29 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 because, like Commissioner Regalado says, it's been blamed on us that we requested more meetings, and if it is because we requested more meetings, well, that's it, you know, it is what it is, but if there is other reasons, I would like to know. Ms. Sanchez: Commissioner Gonzalez, there have been a total of 320 -- Chair Sanchez: Carmen Sanchez, for the record. Ms. Sanchez: Thank you. I'm sorry. There have been a total of 322 meetings with Miami 21; that is to the end of 2000 -- Chair Sanchez: How many? Ms. Sanchez: Three hundred and twenty-two meetings; 125 of those meetings have been with a cross-section of the public. As Mr. Hadley mentioned, he, himself has attended 70 meetings, so that would tell you the volume and the clarity of the process. The other meetings have been with staff. Every time a person goes out to a meeting, it's not just appearing there and talking for three hours. It is actually the work that happens before and after that meeting. That's when the actual work takes place. It's not going to the meeting and receiving input from the Commissioners or receiving input from the general public or from their peers; it's actually what happens afterwards. When we have an ordinance like 11000, we make changes to it, but the ordinance is in place, and perhaps, that's, you know, what needs to happen is let's finalize it. If there needs to be changes, this is not a static document. This is not a concrete document, and as the city evolves and changes, things will change in the future, but we have the backbone and the right backbone to address the growing of the city. Commissioner Gonzalez: But my question is, once again -- because you keep talking about meetings -- was there any work done beyond the scope of service that wasn't related to meetings? Ms. Sanchez: No, sir. The actual -- the work that was done was related to the meetings. It was the work product and the meetings. Commissioner Gonzalez: For example? Ms. Sanchez: Well, if you -- if Francisco can come up or Ana. Ms. Gelabert-Sanchez: I would like to also -- Vice Chair Spence -Jones: Let me just also help -- Commissioner Gonzalez: Because let me tell you -- Vice Chair Spence -Jones: Let me also -- Ms. Gelabert-Sanchez: Yes. Vice Chair Spence -Jones: -- help you guys out just a little bit too. I do know that some time last year, one of the biggest issues with Miami 21, at least from my perspective, was the -- how diversified your message was, getting to -- for instance, in my particular population, I have a Creole -speaking audience. That was something that was not included in the original scope and making sure that that message got out to that audience or that public regarding the issue of Miami 21. So that wasn't a meeting, but that was an effort that I believe some of my PR (Public Relations) people that are here now -- same thing with the African -American community. There was additional things that needed to be done in those particular communities to really address the public that was not included in the overall scope, and the Commissioners, all you guys sitting City of Miami Page 30 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 up here, supported the fact that that needed to happen, so I do know that that was one of the issues. Also, in general, just your marketing message 'cause that was a big question too, whether or not that information was getting out to the general public overall, so I know that that was one of the reasons why the scope also expanded. So it wasn't just -- I just want to be clear -- the meetings. It was also just diversiing your message so that all the public could understand -- at least get a sense of understanding what Miami 21 was about. So I think that it is important for you guys to also say that on the record 'cause we did agree and support for that. Now, I know there was additional things beyond that, and if there are additional things, you need to state those additional things. Ms. Gelabert-Sanchez: There were additional things, and I'll just state a couple of them, but would like Francisco to also speak on DPZ's behalf. But there was one component when we started the process with the public benefit fund that it was a concept that we initially had under Miami 21, but it actually -- afterwards when we started developing the scope, it went beyond what -- just stating that there would be a public benefit trust in the Code. We actually had to come up with real numbers and how we were able to do that -- for example, today under 11000, when someone comes in and asks for bonuses -- when they, for example, affordable housing, there's one cost that goes citywide. The same cost would be for Allapattah that would be for Coconut Grove that would be for Brickell. As we were developing the public benefit trust, we realized that we had to obviously -- we had to provide something better and something that responded to the needs and to all the neighborhoods, so it went beyond -- to an initial thought that we providing something good, that we're providing dollars for affordable housing and parks, but it really had to work and it had to be a system that when we came in front you, it actually was a formula that worked. The representative from the east quadrant, that was something that went beyond the scope, and it was a work product, and the monies that we're asking, as the Manager stated, for additional work is because we feel that what we have done for the east quadrant has to be done for the remaining quadrants because every neighborhood is different, and that formula goes with the land value and the market trends, which is important. As you know, under Miami 21, we are trying to improve what we have from 11000, which presently we feel it doesn't really quite work, so that was -- and with that, I can go with the exercises about comparisons of the -- I know, Commissioner Sarnoff, you mentioned, you know, is the architecture organic? Would it be changed? And then we went out and (UNINTELLIGIBLE) don't go with what we think but actually -- or the consultants -- we went out -- reached out to five different architects, all well-known, all people who (UNINTELLIGIBLE), and we said compare it for us. As a result -- andl would like to go back to the comment on the AIA. We did work with the AIA. We worked with the past president. We actually -- of 15 or so comments that they wanted us to change in the code, I think we agreed -- and Francisco could probably have more of a number -- butl think it was 13 of them. Again, what we wanted to do -- because that's the intent of us is to (UNINTELLIGIBLE) a code that does build a city. It's not a code that just represents (UNINTELLIGIBLE) that you can do for your property but it's actually something that plans for the city. That's what we're trying to do. It's a big effort, and what we're trying to do is look at what we have on 11000; it doesn't work; fix it and change it. And sometimes it's a matter of a concept and a mind set, but at the end, what we want is a city that it will take some time, but it will be a city that is all the principles that I know all of us appreciate in any other city. So it's a lot of work that was requested that we thought was good in order to improve the code and be able to come back and feeling comfortable. And with that, I would like Francisco, perhaps he can also share some --from DPZ's perspective as the work -- so Commissioner Gonzalez -- Chair Sanchez: Well -- Ms. Gelabert-Sanchez: -- it has been meetings, but it also has been work product -- Chair Sanchez: Before we do that -- City of Miami Page 31 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Gelabert-Sanchez: -- to improve what we have in front of you. Chair Sanchez: -- Commissioner, has your question been addressed? Commissioner Gonzalez: Yes. Chair Sanchez: Okay. Let's -- unless you want to come up and give -- unless there's questions. Any -- Commissioner -- Vice Chair Spence -Jones, you have questions? Vice Chair Spence -Jones: Not in reference to (INAUDIBLE) but I -- Chair Sanchez: Okay. You're recognized for the record. Mr. Hernandez: Mr. Chairman, before, you know, Francisco provides additional information from the consultant's perspective, I think it's known and it's accepted that the City Commission's, you know, policy has been for the Administration to actually be as open as possible and to reach out to the community, to homeowner associations, to attorneys, to any group out there in order to try to provide information. And we have been very active in responding to that general direction, andl think it's all been beneficial dealing with a proposal to, in essence, provide a revised zoning code for the city. Chair Sanchez: All right. Vice Chair, you're recognized for the record. Vice Chair Spence -Jones: All right. Yes. Thank you, guys. I just wanted to say a couple of things. I think one of the -- first of all, I want to commend many of my neighborhood associations and groups, like MNU, Little River Industrial Park, Overtown Folklife District, the folks that have really worked hard to try to at least understand what's happening with Miami 21, so -- andl said this in our meeting that we had the other day. We really need to get out of this us against them thing, and somehow it -- no matter what, it ends up being us against them, and the reality is this is the public and we work for the public, so they have the right to be able to question, to be able to ask, to have concerns, and it is our responsibility to listen to what they have to say, so I really wanted to at least acknowledge you for going to the 78 meetings, Hadley, and many of the other members for doing that because, quite frankly, everybody can't show up, and there has to be somebody giving us a different perspective, so I don't want you to feel like your time was not -- your time was wasted or not valued, so I think it's important to say that. And the same thing goes with staff. I'm not trying to definitely -- by all means, I know that you guys have put in countless number of hours not only after hours, weekends, Sundays, whatever to get through this project, so -- and you're trying to do the best that you can do to make everybody happy. One of the things that really stuck with me the most is when the City Attorney briefed me on this whole item, and my question for her, I believe, was are we liable. Because at the end of the day, we can go back and forth, back and forth, back and forth, back and forth, you know. Are we liable for paying this amount of money, whether or not, you know, it went beyond the scope or whatever the case may be? Commissioner Gonzalez: Yes, we are. Vice Chair Spence -Jones: You know, are we liable? And Ms. City Attorney said -- Commissioner Gonzalez: Yes, we are. Julie O. Bru (City Attorney): Yes, we are. Vice Chair Spence -Jones: -- yes, we are. So, really, we can go back and forth all day long, but the reality is, you know, we -- we're going to be responsible for paying it anyway, so you know, for me, that kind of just hushed everything up from the standpoint as to whether or not we need City of Miami Page 32 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 to pay DPZ. I do want to take Hadley's recommendations that was put on the record regarding the overall Miami 21. I think that it's important. I know that, you know, there's been a lot of head -butting for whatever reason, but I think that it's important that we continue to hammer out those issues that are concerns for the residents, so I want to make sure, at least from Ana's perspective and Carmen's and our City Manager -- Ana's perspective and our City Manager that we will take heed to what -- not just Hadley, but other residents, even, you know, Joe, from another part of my district, Floral Park, to take heed to some of the things that they feel is necessary before we hammer out on this process because the reality is we can vote today on the remaining balance or additional dollars that's needed for it, but Miami 21 still has to come in front of us, and this should be a warning signal, a warning sign for you guys that, you know, it's not going to be easy when it comes in front of us if these issues have not been addressed. So I think that all of these things that you see along the way that you've heard about Miami 21 from our perspective from the public, that whatever you need to do to hammer it out, you need to get working on it because, you know, we have to listen to our constituents at the end of the day, so I just wanted to make sure that I was very clear, you know, based upon the conversation with the City Attorney, you know, had with me regarding this issue as Commissioner. We're responsible; we're liable. We have to pay. I want to make sure that Hadley's recommendation happens, and -- I'm going to tell you, before Miami 21 comes to me, I'm going to have an issue with it if those issues are not -- have not been addressed, so I think that it's important that we at least officially put that on the record so that continues to happen. And then I would like to also officially add to the record from someone from my district, Sylvia Wong, with Fullei Foods, which she's also been very active in what's happening in that side of the area, Lemon City, Little River. I'd like to officially, Madam Clerk, enter this into the record, her concerns about the Miami 21 process, so that it becomes an officially document. I'll bring it to you. I'll walk to you. So I just want to make sure that is being -- that is said. So with that, I mean, I'm ready to vote on this item so that we can -- Chair Sanchez: Commissioner Sarnoff -- Vice Chair Spence -Jones: -- go to lunch. Chair Sanchez: -- you're recognized for the record. Commissioner Regalado: Chairman, after him. Commissioner Sarnoff. Go ahead. Commissioner Regalado: Very briefly. I think that we're confusing the issue here. I think that everybody knows we have to pay. I think that everybody understand that we owe them that money. The issue that we're discussing in this resolution is not if we have to pay or not. Of course we have to pay. The issue is giving the Manager half a million dollar more so they can just continue. I think that the right thing to do is pay them of the money that we have still available and take the reins back of this agency, DPZ, the Administration, meeting with the resident and doing more orderly process because if we give the Manager and this company -- or we send the message, you got half a million dollar more, how many hundreds of more meetings will they do with staff, not with people, with staff? Because we just hear -- and this is important. You know, they are blaming you guys for the cost overruns, meetings with the residents. We followed the directions, meeting with the residents. Three hundred and thirty meetings; 125 with the residents, the rest with staff. Well, I'm not staff you're not staff. So more than half of the meetings were done in-house, maybe with zoning attorneys, maybe with other developers or whatever. We didn't participate. So just to set the record straight, do not blame the people of Miami for wanting to know. Do not blame the Commission for spending $2 million in a master plan, you know. I am not against paying them. We have to pay. IfI owe something, I have to pay it; that's a given. It is -- I'm telling you, don't give them half a million dollar more. Just send the message, but send the message with the wallet, not with words, deeds. So that's all City of Miami Page 33 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 have to say. Commissioner Gonzalez: I -- Vice Chair Spence -Jones: Commissioner -- Commissioner Regalado: You understand. You do understand that I'm not supporting this. Vice Chair Spence -Jones: Okay. Commissioner -- Commissioner Regalado: I would -- I agree with paying them. I think we owe them. I think they legally need to be pay, but giving them half a million dollar more is wrong. It's sending the wrong message. Thank you. Vice Chair Spence -Jones: Commissioner Regalado, I just -- andl didn't get a chance to add this onto my point. I do -- would like to direct the City Attorney to draft some legislation that would prohibit the Administration from issuing work orders that go beyond the budgeted or contracted amount, which is -- which I understand is the reason why we're here. So that we don't create another issue like this again, Ms. -- Madam City Attorney, I think that it's important that we draft some sort of legislation to address this because we should not be half a million dollars in the hole before it's brought in front of the City Commission to say that this is something that we need to vote on or make a decision on. So I'm going to agree with Commissioner Regalado regarding this issue. I just want to add on your point, though, Commissioner Regalado. Is it possible, Mr. City Manager, you know, that we may be approve amount, but you know, if we approve the 500, when we hit the benchmark of 250, that the City -- or the City staff come back to the City Commission to kind of give an update as to where we are so that we don't get half a million dollars in the hole again and it's been stated that the public still has not had enough meetings or have a true understanding. Is there a way that we can vote for that today and then have a gauge on it somehow in between that you guys bring back, at the 250 mark, you know, an update to the overall City Commission and the public so that at least, you know, we have some sort of sense as to where we are? I mean, that's just -- that's a suggestion -- Mr. Hernandez: Right. Vice Chair Spence -Jones: -- adding onto what his concern would be. Mr. Hernandez: You would like for me to come back on a periodic basis to give you an update as to where we are on the project and how we're managing the rest of the money. I totally agree. Commissioner Gonzalez: Adding to Vice -- the Vice Chair proposal, that's what I was going to propose. I was going to propose that we pay whatever we have to pay today. Miami 21 is going to continue, andl was going to suggest that whatever monies we're going to spend on the different phases from now on, that they come before the Commission; get approved, and that way, you know, we don't go through this exercise again. We're going to spend another $100, 000 in another quadrant doing mapping or doing whatever, fine, you know, Commission authorize it, and you spend the $100, 000. You spend another 150, get the Commission approval and document whatever is being done, and that way you will avoid yourself some -- Mr. Hernandez: Commissioner, the way I understood it from Commissioner Spence -Jones was that would have your authorization for the added compensation as a whole, and then I would be coming back, let's say, every 60 days or so, every two months, and provide you a report as to where we are on the work completed and the money spent to date to ensure that we don't exceed the amount approved today. Commissioner Gonzalez: All right. That's fine. City of Miami Page 34 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: All right. Commissioner Sarnoff. Commissioner Sarnoff. Yeah. Let me jump in the middle of an argument 'cause it's not always the best way to do it, but it seems to me this City does not have a present contract with DPZ, and we should use the law of supply and demand to our benefit. Trust me, the folks out there that are not doing a great deal of work right now are who? Architects. Another three months, it's going to be concrete people; another eight months, it's going to be steel people. So if you break down any professional, it comes down to their hourly rate. Whether Elizabeth gets $350 an hour, whether she gets $250 an hour, now's the time to say to her, how much work do you really have? So create a new contract and say to her, if you want to complete with the City, your hourly rate's got to be reduced because the law of supply and demand dictates that. Lawyers today, same thing. They turn around and they have to cut their rates. There just isn't as much work out there. Welcome to the private sector doing business with the City. The only thing is the City and governments in general, by my brief observation, don't take advantage of the law of supply and demand. We're in a depressed economy. Let that depressed economy work to our benefit. Let us benefit from the fact that they still want this work, but let them reduce their hourly rate in fulling that work. Andl have no problem, Mr. Manager, in playing the deck of cards out to the end. I want to see Miami 21 in as best a format that we can create. I am not in favor of a Euclidean form of zoning code. I think the more beneficial zoning code has been demonstrated to be a form -based code. I want to see this come to fruition. I also am going to extend to you the benefit of my office. I'd like to sit down with MNU, and I'd like to give them two full days to sit with DPZ and address their issues. I sat with you. We went through what a Class I was, and there may be a realization that under 11000 right now, many decisions are made at a Class I level that are not subject to review, and that is translated pretty much to the form -based code of a warrant, and it goes on and on from there. So I think there's a lot of misconceptions. What find extremely striking is how the activist community can be standing behind the development community, the Lucia Dougherty's, the Zyscovichs, in line, in unison, arguing this same point. That either means we're dead wrong or we just don't communicate well. For right now, I'll suggest we've just done a bad job of communicating because probably of the Commissioners up here, you know, I have actually had to sit and study this code, and probably the least tasteful part of this job has been learning Miami 21, not because it's a horrible thing; it's because it's a whole different language, and I'm not a great language person, and it's complicated. And most of the Commissioners sitting up here have been told how to play chess, but haven't been shown the board, so they know that this piece moves this way and they know that the queen goes that direction, but they haven't seen the chess board. The -- Miami 21 becomes infinitely more interesting to the other Commissioners once they see how she designs that particular part of the city for them. Now I'll go on the record right now. I don't agree with her design ofMiami 21 for a significant part of my neighborhood, but that doesn't preclude a Commissioner from sitting up here on the dais, or if you will, in your room, in your chambers, and suggesting to her, you want to go up with what you think, that's fine, but I'm going to go up with what I think, and we have a whole different set of blueprints and a whole different set of plans for the east quadrant than she does. Now there's no doubt she'd like to make the presentation as the -- I was going to call it a chair, but she's the head of architecture for the School ofMiami, the dean of architecture, and she's going to say this is my professional opinion as to what it should look like. Fine. Based on the way I think want my district and based on what think want for my district, there is going to be a lot less height and density than she's calling for. Could be Commissioner Gonzalez thinks -- and he lives in a different neighborhood and he has a different issue. He may want more height and density because he thinks that's how he's going to create a better environment for his district. And Commissioner Sanchez may have his issues, as well, Commissioner Spence -Jones. My point is, you've put so much time and effort into a zoning code that the professionals are intrigued by the City of Miami's efforts; intrigued that a city that is -- I'll call us half -built, if you will, because there's no doubt we're a city and we're built, but we're really half -built; we're not completed -- that we're actually undertaking such an effort, undertaking such a redirection of what this city might look like probably not in anyone's lifetime sitting on City ofMiami Page 35 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 this dais, but hopefully, in 50 or 60 years, somebody might say, you know, these people had the foresight and the courage to make a significant change. Now with regard to the AIA, you know, I actually attended two interesting meetings. I'd like to just fill you in on two meetings I attended. Probably three months ago, the AIA conducted a nighttime discussion regarding Miami 21, and there, they made this huge admission. We have no one to blame but ourselves for Miami 21. Because of gross lot area, we have created the monster, and the solution is Miami 21. And they seem to want to come before you and suggest to you, all you got to do is change gross lot area, and poof it's fixed. I'll suggest to you it's not. I'll suggest to you that if you study Miami 21 -- and Euclidean zoning is just a zoning code that says, you go up this high; you have this kind of setback, and that's how you design a city. A form -based code suggests uses. It suggests where would you like to have this kind of uses, and then it forms the building around those uses. You know, just like NASA (National Aeronautics and Space Administration), when they went to the moon and we thought, what was the worth of that, and all of a sudden, these great new plastic products came out because NASA had designed it. Well, you know what? We've already enjoyed some of the benefits ofMiami 21 because I don't think there's a Commissioner up here that sits here and doesn't think in terms of the ground level not resembling a Miami 21 building, so we've already learned the liner uses to the buildings. We've already learned what they're going to do, so we've already received the benefits ofMiami 21. I'm just suggesting to this Commission that we need to fulfill and play out the Miami 21 process. Each one of you, in your own way, should design it what you want it to look like for your building -- for your district. And let me just close by saying -- and I'm looking at the AIA's suggestion. You can still have SD (Special District) districts under Miami 21. You can have NCDs (Neighborhood Conservation Districts) under Miami 21. That's their big criticism. The new terminology -- nobody likes to learn new words. You know, most of you are bilingual up here; you know two languages. You're forcing them to learn another language. Transitions? That's for you to decide what the transitions should look like. DZB [sic] will give you what they think the transition should look like. There's nothing wrong with Commissioner Gonzalez saying I want more height. I hope you would respect the fact that Commissioner Sarnoff might say, I want less height. So I think it's imperative that we give the City Manager the ability to full or create a new contract and finish Miami 21. I do suggest to you, Mr. City Manager, I don't think you're contractually obligated to them any longer. I strongly urge you to use the law of supply and demand and suggest to them that they need to lower their hourly rates 'cause the end of the day, when they're standing here, they're like taxicab drivers. The clock is on. You can lower the fee that they're charging, just based on the fact that they want to see this fulfilled And number two, trust me, the folks out there not doing a whole lot of work right now are the architects. Commissioner Gonzalez: You know what, Marc? You hit the nail right on the head. Late Arthur Teele used to say that not one shoe fits all, and that is, you know, the bible. And you know what the problem is? The problem is that many times some people try to impose their will in [sic] everybody, and they want everybody to live the way they want to live, and that's not a democracy. You can live your own way; I'll live my own way, and they live their own way, and that's why we choose to live in a democracy. IfI want a group of people to control my life and my destiny, I'll buy a ticket tomorrow and go back to Castro and let him dictate my future and my life and my family's future, okay? That's why I choose to come here and to live here, but that is the problem that we have been having in this city, you know; that a group of people wants to impose their will and they want to decide what the destiny and the future is going to be in every single community and in every single neighborhood, and they don't care what the neighborhood people think. They don't care what the residents think, but what they want is what they believe in, and they don't take into consideration that those people also pay taxes and they're also citizens and residents of the same city, and that's what the problem (UNINTET,TIGIBT,F), but you hit it right in the nail. Commissioner Sarnoff. And Commissioner Gonzalez, I heard you use the word 'flexibility, " and I know it'll be used later, and look forward to that. Let me just suggest to you, Pete, that I just was handed a document -- apparently, the principal in charge is $350 an hour. The director is City ofMiami Page 36 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 $150 an hour. The project manager is billed at $110 an hour; the designer, $100 an hour; drafter, $65 an hour. I strongly urge you, Pete, to renegotiate those fees at at least 25 percent off based on simply the workload of Miami. 'Cause let's face it, it'll be five years before you see major redevelopment. Commissioner Gonzalez: Maybe -- Mr. Hernandez: Commissioner, I think it's important to note that the -- Commissioner Gonzalez: -- five years. Commissioner Sarnoff. May -- and might be -- you're right. I may be optimistic. I might be -- Commissioner Gonzalez: That is being -- Chair Sanchez: All right. Commissioner Gonzalez: -- lucky. Commissioner Sarnoff. -- Bill Talbert up here. Chair Sanchez: Okay. Mr. Hernandez: Commissioner, ifI may, the rates that we're dealing with in this contract are basically 2003 rates, and there is no adjustment whatsoever. I think that we'll -- I would like to be able to maximize their effort. I'll talk to them about the rates, as to whether we can do anything with them, but I think what's most important is that -- ifI have your approval for the additional monies to be added to the contract, that in no way we do exceed the new total, which would be 2, 210, 000. And agree with what Commissioner Spence -Jones and Commissioner Gonzalez said before. I would like to report to you, maybe even on a monthly basis, as to where we are progress -wise and money -wise, with the goal of never exceeding that amount. Commissioner Sarnoff. I strongly urge you to use the laws of supply and demand. Mr. Hernandez: I'll discuss that with the consultant. Chair Sanchez: Let me just focus on the issue that's in front of us today, and that is this resolution to amend the scope of service. Whether it's justified or not justified in expanding the scope of -- amending the scope of service to pay these fees, we have had 322 public meetings, give or take a few. Through these meetings -- and it has been a fair and open process 'cause I've attended many meetings on Miami 21. Through the public participation amendments, many amendments -- where are we at on amendments to Miami 21 now? What's a ballpark figure? Hundreds, right? Hundreds, but around what, 300, 400 amendments? Ms. Gelabert-Sanchez: I don't know if we have counted them, but they have been countless. We have been amending it -- we have received the community input, and we've changed it. We've changed from the architectural community, we've changed it. I think even the last change was when we were here regarding some concerns about height downtown; we changed that -- Chair Sanchez: The last time -- Ms. Gelabert-Sanchez: -- so we've been changing it. Chair Sanchez: -- that I reviewed it with my staff there were hundreds of amendments made, okay, through public participation, okay. Expenses pertaining to this. The compatible studies City of Miami Page 37 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 cost money. That was directed by this Commission, okay. Meetings, additional meetings to satisfy the public and to have more public inputs [sic] also cost money. The issue here is not whether we pay or we don't pay. The issue is how do we pay. I'd rather just pay at once instead of having allotments to pay, and that's what we could do here today. Pay this and move on. This, in many ways, is whether we allow -- we sacrifice Miami 21 to the zoning gods, or we allow it to live another day. All the issues that have been -- that could be discussed here, I'd rather discuss them with Miami 21, but there are certain issues that -- information that at least the Commissioners need so we could move on in this process, and want to ask just one question pertaining to this, which was presented to me, which is important pertaining now that we have three very important legislation in front of this Commission. We have Miami 21. We have the EAR (Evaluation and Appraisal Report), and we have Chapter 23, okay. Has DCA (Department of Community Affairs) ever been given a presentation ofMiami 21? Ms. Gelabert-Sanchez: Yes, it has. I -- the Planning Department, together with the Mayor, went to give a presentation to the Secretary Pelham. We gave a presentation on what Miami 21 was, what the concept what we were planning on doing. Actually, we got a letter of endorsement that he was going to be -- would like to work closely with us and hope that Miami 21 would became a model for the rest of the state. When we left that meeting, we actually told him that we would like to keep going and be able to keep working with them. As you passed a motion on February 14, I believe, to come back to you at the end of the year with the Miami 21, our plan is, as soon as we get the go-ahead, to be able to engage again with DCA and be able to keep them abreast of everything and all the changes that we're doing in order -- that when -- by the time we submit to DCA those changes, they're already working with us and we're all on the same page. But, yes, there was a presentation and they were very excited, and we did get a letter of support. Chair Sanchez: And the reason I ask that is because all these three legislation go hand in hand, okay. The other issue pertaining to the environment that I need to get a clear answer on this, can you, Ana, identify three critical items that address issues to protect the environment in Miami 21, which does not exist in the present Code? Ms. Gelabert-Sanchez: I believe I can think of three quickly. One -- it's -- which does not exist today, we are requesting that every building that is beyond the 50,000 square feet be silver certified We are also giving additional bonus if a building that is under 50,000 square feet desires to go for the [,FED (Leadership in Energy and Environmental Design) certification; that they would also get it. We have also limit floor plates on buildings, and that's something where we worked at the floor plate for what would be a residential, what would be an office, and the purpose of that was really to promote better airflow on the air through the building so we don't have and avoid the canyon effect. The other one would be a compact development, I think. Through our transects, what we're trying to promote is a compact environment mixed use to really reduce the amount of car trips that we have. Quickly, those are three, but I would submit that all the -- the form -based Code really speaks to creating a better environment, but those three quickly, top of my head, are three things thatl can tell you 11000 does not have. Chair Sanchez: And my last question before I vote on this issue, Mr. City Manager, is this going to be it, the $2.2 million, or will this be back for additional funding? Mr. Hernandez: I think it's 2.210000; 2, 210, 000. And Mr. Chairman, my commitment is that we cannot go a penny above it, period, and that's why I would like to take the opportunity to report even -- you know, every month, every two months to you on work done to date and money spent to date. There is no way that we can go above that figure ever, period, unless you have authorization for other reasons. Chair Sanchez: All right. Okay, Madam Clerk, there is a motion and a second for the record. I think Commissioner Gonzalez made the motion; Commissioner Sarnoff second it. City ofMiami Page 38 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 10:30 AM PH.2 08-00149 Department of Community Development Ms. Thompson: Correct. Chair Sanchez: The item has been properly deliberated. The public hearing was opened and closed, and it is time for a vote. It is a resolution. There has been no amendments made. All in favor, say "aye." Commissioner Sarnoff. Aye. Commissioner Gonzalez: Aye. Vice Chair Spence -Jones: Aye. Commissioner Regalado: No. Chair Sanchez: Anyone in opposition, say "no. Commissioner Regalado: One no. Chair Sanchez: One no for the record. Thank you. The City ofMiami's Commission meeting stands in recess, but we'll be back at 2 o'clock. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING FUNDS, IN THE AMOUNT OF $167,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE TO URBAN EMPOWERMENT CORPORATION, TO PROVIDE TECHNICAL ASSISTANCE TO FOR -PROFIT BUSINESSES TO CREATE JOBS FOR LOW TO MODERATE INCOME INDIVIDUALS, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY FOR SAID PURPOSE. 08-00149 Legislation.pdf 08-00149 Exhibit 1.pdf 08-00149 Exhibit 2.pdf 08-00149 Exhibit 3.pdf 08-00149 Exhibit 4.pdf 08-00149 Summary Form.pdf 08-00149 Notice.pdf Motion by Commissioner Sarnoff, 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-08-0249 Chair Sanchez: And let's get rid of this four fifth vote, which is the Miami 21 additional funding. Want to take that one up -- Pedro G. Hernandez (City Manager): Yes, sir. Chair Sanchez: -- PH 1 ? City of Miami Page 39 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Hernandez: Mr. Chairman, Commissioners, this is a -- Chair Sanchez: Or do you -- hold on -- want to get the interpreter out of here? Vice Chair Spence -Jones: And think we need -- Priscilla A. Thompson (City Clerk): We do -- Chair Sanchez: Is it already --? Okay. Let's get the interpreter. Come on up. Let's get -- Vice Chair Spence -Jones: And I'd like to make sure that Commissioner -- at least Commissioner Gonzalez is out here because I think that this is a -- Chair Sanchez: All right. Come on. Let's move along. What are your items? What are the items for the interpreter? Priscilla A. Thompson (City Clerk): PH.2, 3, 4, 5, 6, and 7, if I'm not mistaken. Chair Sanchez: PH.2 through 7? Ms. Thompson: Yes. Chair Sanchez: All right. Let's go. Let's take up PH (Public Hearings) items, public hearing. They were properly advertised for 10: 30. We do have the interpreter here. All right. Economic [sic] Development, let's go. All right. On the floor at this time is PH.2. It is a resolution. It was properly advertised by 10: 30. We do have the interpreter here, and it is being brought to us by Department of Community Development. Alfredo Duran (Assistant Director): Good morning. Alfredo Duran, with the Department of Community Development. PH.2 is a resolution allocating $167,000 of CDBG (Community Development Block Grant) economic development funds to the Coconut Grove Urban Empowerment Corporation to provide technical assistance to for profit businesses in District 2 as a job creation program. Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff. So moved. Chair Sanchez: There's a -- Commissioner Regalado: Second. Chair Sanchez: -- motion by Commissioner Sarnoff. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Any discussion on the item? Before we open it up for discussion, it is a public hearing. We are on PH.2. Anyone from the public wishing to address this item, please be recognized. Seeing no one, the public hearing is closed for the record; coming back to the Commission. Vice Chair Spence -Jones: Yes. Chair Sanchez: Any further discussion? City of Miami Page 40 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Just a comment really. Chair Sanchez: Comment. Vice Chair Spence -Jones: I just want to make sure, you know, not necessarily just for this particular item, but making sure that we do have some sort of policy being put in place to address these type of issues. I mean, I know that we've had a discussion -- and this is something that, you know, has come up, not just on District 2, but just in general. So I just want to make sure you put on record that the Department is working on making sure that there's some safety nets put in place to address this issue. Mr. Duran: Yes, Commissioner. The Department -- Vice Chair Spence -Jones: Your name for the record. Mr. Duran: -- follows all -- Alfredo Duran, Department of Community Development. The Department follows all of the conflict of interest requirements from HUD (Department of Housing and Urban Development), the City of Miami's Charter, and we do have a policy in place in connection with complying with both. Vice Chair Spence -Jones: Is that it? Okay. Chair Sanchez: All right. Is -- any further discussion on PH.2? It's a resolution. No further discussion on it. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.3 08-00433 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), GRANTING MIAMI DREAM HOMES INVESTMENT Development GROUP, INC., AN EXTENSION, UNTIL aPRIL 30, 2009, TO COMPLETE THE AFFORDABLE HOUSING CONSTRUCTION PROJECTS ON THE PROPERTIES LISTED IN EXHIBIT "A", ATTACHED AND INCORPORATED, AND FOR THE CONVEYANCE OF THE MULTI -FAMILY RENTAL PROJECT TO THE CITY; STATING THE INTENTION OF THE CITY COMMISSION RELATING TO THE CONVEYANCE OF TITLE TO THE PROPERTIES LISTED ON EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S) FOR SAID PURPOSE(S). 08-00433 Legislation.pdf 08-00433 Exhibit 1.pdf 08-00433 Exhibit 2.pdf 08-00393 Summary Form.pdf 08-00433 Summary Form.pdf 08-00433 Graphs.pdf 08-00433 Map.pdf 08-00433 Map 2.pdf 08-00433 Pre Attachment.pdf 08-00433 Public Notice.pdf 08-00433 Public Notice 2.pdf 08-00433 Special Warranty Deed.pdf City of Miami Page 41 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0250 Chair Sanchez: PH.3. PH.3 is granting Miami Dream Homes Investment Group, Inc. an extension until December 31, 208 [sic] to complete the affordable housing. Is there a motion? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by the Vice Chair. Vice Chair Spence -Jones: Discussion, though. Chair Sanchez: Discussion. Before we open it up for discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed; coming back to the Commission for discussion. Vice Chair, you're recognized for the purpose of discussion. Vice Chair Spence -Jones: Yes. Thank you. I just want to publicly acknowledge the Miami Dream Homes folks for their outstanding job of getting homes sold. I believe all four of the homes that we have already have sold. We have buyers for now, and I'm happy to hear that. This is for the new units, correct, Mr. Mensah? George Mensah (Director, Community Development): Yes. George Mensah -- Vice Chair Spence -Jones: Seven units for seniors in the area, correct? Mr. Mensah: Yes. Vice Chair Spence -Jones: Okay. My only concern on it -- I just wanted to make sure -- because we have a December '08 time frame on this. It would seem, though, we need a little bit more time than that to come out of the ground in six months for those units. Is that not correct? Mr. Mensah: That's correct. The time was actually the time that the developer had requested, but it -- Vice Chair Spence -Jones: I just don't want to have it come back again in December to say we need more time. Is the developer here? Mr. Mensah: Yes. Vice Chair Spence -Jones: Okay. All right. I mean, I think that my recommendation was that we at least give it to April of '09 because -- I mean, do you feel that you can get it done by December of '08? Francisco J. Abella: We -- Vice Chair Spence -Jones: Put your name on the record. Chair Sanchez: Sir -- City of Miami Page 42 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Abella: Francisco J. Abella, Miami Dream Homes. We have -- thanks to Mr. Toledo, we finally got the zoning issued resolved, and we expect to break ground in the next 10 days, 15 days. We have a 15-day wait. I expect -- if you could give us time, we'd appreciate it 'cause we plan to break ground within 15 days. Vice Chair Spence -Jones: All right. So, April 9 -- April '09, is that fine for you, or you'd rather De -- Mr. Abella: More accurate, yes. Vice Chair Spence -Jones: Okay. So I'd just like to amend that from the floor. That's all. Mr. Abella: Thank you. Mr. Mensah: So that will be to April 30, '09. Vice Chair Spence -Jones: '09, just to make sure he's not coming back in front of us on this, and that's my only change on it. Chair Sanchez: All right. And that is pertaining to -- Commissioner Sarnoff. PH. 3. Chair Sanchez: -- PH 3. So it's -- if -- it's been amended? Commissioner Gonzalez: Andl accept the amendment. Chair Sanchez: All right. Does the maker of the motion accept the amendment? Vice Chair Spence -Jones: Yes. Chair Sanchez: He does. Okay. Anyone else from the public wishing to address this item? Public hearing is closed. Any further discussion on the item? Vice Chair Spence -Jones: No. Chair Sanchez: As amended, 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, for the record, PH.3 has been approved unanimously. PH.4 08-00434 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), GRANTING TO ALLAPATTAH BUSINESS Development DEVELOPMENT AUTHORITY, INC. ("ABDA"), AN EXTENSION OF TIME, FROM MARCH 30, 2008 TO OCTOBER 31, 2008 TO COMMENCE CONSTRUCTION ON THE PROPERTIES LISTED AND LEGALLY DESCRIBED ON EXHIBIT "A", ATTACHED AND INCORPORATED; STATING THE INTENTION OF THE CITY COMMISSION RELATING TO THE CONVEYANCE OF TITLE TO THE PROPERTIES LISTED ON EXHIBIT "A"; FURTHER GRANTING ABDA AN EXTENSION FROM DECEMBER 31, 2008 TO DECEMBER 31, 2009 TO COMPLETE CONSTRUCTION ON SAID PROPERTIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL City of Miami Page 43 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 NECESSARY DOCUMENT(S) FOR SAID PURPOSES. 08-00434 Legislation.pdf 08-00434 Exhibit 1.pdf 08-00434 Exhibit 2.pdf 08-00434 Exhibit 3.pdf 08-00434 Summary Form.pdf 08-00434 Memo.pdf 08-00434 Pre-Legislation.pdf 08-00434 Pre -Legislation 2.pdf 08-00434 Public Notice.pdf 08-00434 Public Notice 2.pdf 08-00434 Text File Report.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-08-0251 Chair Sanchez: All right. PH.4. It's a resolution. All right. Could you just put something on the record? George Mensah (Director, Community Development): PH.4 is a resolution of the Miami City Commission, with attachments, granting to Allapattah Business Development Authority an extension of time, from March 30, 2008 to October 31, 2008, to commence construction on the properties listed and legally described on Exhibit A, attached and incorporated; stating the intention of the City Commission related to the conveyance of title to the property listed on Exhibit A; further granting ABDA (Allapattah Business Development Authority) an extension from December 31, 2008 to December 31, 2009 to complete construction on said properties. Chair Sanchez: All right. Motion. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: Motion by Commissioner Gonzalez, second by the Vice Chair. Before we open it up for discussion, public hearing. Anyone from the public? Public hearing is closed; coming back to the Commission. Any further discussion. Hearing no discussion, 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, 5/0 approving PH.4. PH.5 08-00436 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT THE Development CONVEYANCE FROM MOVERS, INC. ("MOVERS") OF THE PROPERTIES REFERRED TO AS THE LIFE QUEST FACILITIES, LOCATED AT 1301 NORTHEAST 111TH STREET, 11115 NORTHEAST 13TH AVENUE, 1075 NORTHEAST 149TH STREET, 1095-1097 NORTHEAST 149TH STREET AND 14950-52 NORTHEAST 11TH AVENUE, MIAMI FLORIDA, AS DESCRIBED IN City of Miami Page 44 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE DE -OBLIGATION OF UNSPENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") FUNDS, IN THE TOTAL AMOUNT OF $198,792.35, AS SPECIFIED IN EXHIBIT "B", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO DEMAND FROM MOVERS THE REPAYMENT OF ALL DISBURSED HOPWA FUNDS, IN THE AMOUNT OF $181,207.65, AND TO TAKE SUCH ADDITIONAL ACTION TO RECOVER SUCH FUNDS FROM MOVERS AS MAY BE APPROVED BY THE CITY ATTORNEY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE(S). 08-00436 Legislation.pdf 08-00436 Exhibit 1.pdf 08-00436 Summary Form.pdf 08-00436 Agreement.pdf 08-00436 Agreement 2.pdf 08-00436 Pre-Attachment.pdf 08-00436 Pre -Attachment 2.pdf 08-00436 Pre -Attachment 3.pdf 08-00436 Pre -Attachment 4.pdf 08-00436 Pre-Legislation.pdf 08-00436 Public Notice.pdf 08-00436 Public Notice 2.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, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0252 Direction by Vice Chair Spence -Jones to the City Manager to create a mandatory technical assistance program to train CBOs (Community -Based Organizations) and nonprofit organizations in the City ofMiami on proper management of their organizations. Chair Sanchez: All right. PH.5. PH.5 is also a resolution being brought to us by -- Commissioner Gonzalez: Move PH.5. Chair Sanchez: -- the Department of Community Development. There is a motion. Need a second. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. Executive [sic] Director, please put something on the record. George Mensah (Director, Community Development): PH.5 is a resolution of the Miami City Commission, with attachments, authorizing the acceptance of a quit claim deed on the Life Quest Facilities from MOVERS (Minorities Overcoming the Virus through Education, Responsibility, and Spirituality), Incorporated, and the addresses are 1301 Northeast 111 Street, 1115 [sic] Northeast 13th Avenue, 1075 Northeast 149 Street, 1095 to 1097 Northeast 149 Street, and 14950-52 Northeast llth Avenue. Chair Sanchez: All right. There's a motion and a second. Public hearing. Anyone from the City ofMiami Page 45 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 public wishing to address this item, please be recognized. Sir, state your name and address for the record. Grady Muhammad: Grady Muhammad, 1887 Northwest 63rd Street, Miami, Florida 33147. Mr. Chairman, Vice Chair, Commissioners, this is a wonderful issue, but the problem that we have with this and the demand -- the request for MOVERS to return the money literally will put them out of business. They serve a need in the black community. They don't get none of those millions of dollars from the AIDS (Acquired Immune Deficiency Syndrome) white party or the -- even the 20th anniversary for the 5k walk for AIDS. They don't get none of that unrestricted money. Even in the dollars that we've given them, the number of partments [sic] would have averaged about $7, 000 to repair. The average would have been a whole lot more. We need to look at giving MOVERS the technical assistance, the capacity that they need to continue to do a job in the community 'cause Care Resources is not in our community. When you look at the statistics, the AIDS rate in the black community is rising. It's an epidemic. In every other community, it's going down. So why should we be punishing a black organization that started from a church that -- with a pastor, Pastor McRae, that no one at the time wanted to do anything about AIDS in the black community. It was a gay issue; a white issue. He started an organization with the money from the church. He created a nonprofit. The point and the problem is they need technical assistance. They need capacity building. They don't need to be put out of business because this is an important agency, an entity in the black community. Just like we [sic] talking about JESCA (James E. Scott Community Association) and they need some help, MOVERS need some help, and would ask the City Commission not to take the money back. They've already proffered to give the land back, but if we do give it to any other agencies - - when I look at Community Development, Mr. Director, for next month, I look at all of the money that other entities on the beach and elsewhere gets and the little crumbs that BAME (Bethel African Methodist Episcopal) gets for Bethel (UNINTELLIGIBLE) Apartments. We get peanuts, and our problem and the AIDS problem in the black community is growing. The young people -- but yet, in other community, it's decreasing, but yet, our money is getting taken out of our neighborhood. That's the only thing I'm requesting this Commission. If you take the land, fine. But if you demand and request and take the money, you can forget out MOVERS being an entity operating in the black community, and we're hoping you didn't turn around and demand all those other entities that you're giving Community Development Block Grant dollars to to come set up shop in our community. If not, we have to go to their neighborhoods. Because my brother, biological, has AIDS, and MOVERS has done a wonderful work helping him to be able to stay alive with the medication, with everything else that they've given him, and that's why I'm speaking in favor of MOVERS. So, Commissioners, please, they're ask -- you all have the land. Do not demand the money back. That will put them out of business. Thank you. Vice Chair Spence -Jones: The public hearing is still -- Chair Sanchez: All right. The public hearing is still open. Yes. Vanessa Mills: Good morning, Commissioners. My name is Vanessa Mills. I'm the executive director of Empower U, Incorporated, and we're recommending that the properties that MOVERS have had for the last four years have been unused, and we're recommending that those properties be returned to the City ofMiami so that we could actually begin to use the property. I am not recommending that MOVERS be put out of business. I want to let that clearly be stated because of the AIDS epidemic in our community. What I am recommending, though, is that those units that have been sitting for the last four years actually become useful to individuals living with HIV (Human Immunodeficiency Virus) and AIDS. Empower U has the capacity to get those units up and running and provide additional housing for individuals living with HIV and AIDS. What I'm asking is the -- there are actually 16 units. There's 18 units located at 1301 Northeast 111 th Street. We're asking to make those units into long-term rental assistance units. We have the capacity. We are currently one of the Housing Opportunities for Persons with AIDS providers. Right now we are housing -- providing housing stability for 235 individuals living City ofMiami Page 46 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 with AIDS. And in the recent RFP (Request for Proposals), we've been recommended to increase that number to 250. We have the capacity -- I want to say the capacity to make this program work. Currently -- I want to reemphasize that these units have been sitting for the last four years. As an individual living with HIV/AIDS, I want to stress the importance that housing and housing stability represents to this community. What I'm suggesting that we do with the units located at 1075 Northeast 149th Street is do something innovative. What I'm suggesting that we do with those properties is do an innovative approach, again, transitional housing. Right now, we're currently housing around 1,200 individuals living with HIV in the LTRA program. What those units -- which eight -- there are eight units there -- I'm recommending that we house anywhere from two to three clients in those units and do a transitional program, where we provide those individuals with case management and support, either through Ryan White Program or through the (UNINTELLIGIBLE) Waiver Program. The components of case management will be ensuring the individuals get HIV primary medical care. In addition to that, we want to assist those individuals with applying for benefits, such as Social Security, to promote economic self-sufficiency, in that we'd also like to provide them with job placement. Those will include skill sets such as interviewing, how to interview, computer skills, how to develop resumes. It's our ultimate goal to take clients, put them into transitional units, and then move them out so that we bring new clients in. So we start off at one year; we house 24 in that unit. The next year -- we allow them to stay one or two years -- they will have to meet certain benchmarks if they're to remain on the property. They will meet benchmarks. We will have a resident manager on board to monitor them and to guide them. In addition to having a resident manager, we'll provide substance abuse counseling, which is a big issue with HIV and AIDS in our community. And in addition to that, the case management and the other support systems will be there in the unit. I have Christine Stroy Martin, our director of finance and administration, and she's prepared a draft proforma so that, as Commissioners, you can see our intention to not allow this property to continue to sit there. We need to take this property and provide affordable housing for individuals living with HIV and AIDS in our community. Commissioner Sarnoff. Thankyou, ma'am. Appreciate it. Thankyou. Okay. Anyone else from the public? All right. Let's -- but listen, let's stay focused on the item, okay? Let's not deviate from the item. Anything you say outside of this resolution will be irrelevant, okay? So, sir, you're recognized for the record. Roberto Datorre: Sure thing. Miami -- Roberto Datorre, Miami Beach Community Development Corporation. First, thank you for that support throughout this countywide program, HOPWA (Housing Opportunities for Persons with AIDS). I agree this property needs to be put to the market and serve the population that really needs it. I don't want to step in anybody's territory. I just here to support the fact that the City has supported this type of project before, andl encourage the City to keep supporting this project and do whatever it can in order to make these units available. Thankyou. Chair Sanchez: Thank you, sir. Anyone else pertaining to this item? If not, the public hearing is closed. It comes back to the Commission. There's already a motion and a second. The item is under discussion. Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Okay. Yeah. First of all, I want to thank Brother Grady Muhammad for coming out to speak on behalf of MOVERS, and as he stated earlier, it is one of the oldest organizations that service the African American community concerning HIV/AIDS when no one else wanted to deal with it. And Reverend McRae has done an outstanding job with holding that together. I do want to at least clear up something because I don't -- I got a little confused on the item for a minute. The current units that we're discussing here, there's no one living in the units now? Mr. Mensah: There's no one living in the -- City of Miami Page 47 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: It's boarded up. Vice Chair Spence -Jones: Okay, so no one's lived in the units for the last four years? Mr. Mensah: Yes. Vice Chair Spence -Jones: Okay, so really, we're not going to be putting anybody out or anything to that effect. Mr. Mensah: No, Commissioner. Vice Chair Spence -Jones: 'Cause I just want to make sure that that's clear on the record because I don't want to send the message that neither one of us sitting up here would put anybody out that's living with AIDS, you know, that's African Amer -- or any race, period, so I just wanted to be clear on that. We have reached out -- or I have personally reached out, my office has reached out to the MOVERS organization, and we haven't gotten a return phone call back regarding this issue because I wanted to make sure that we didn't create hardship on the organization. But you did state yesterday that there was a letter that came from MOVERS asking -- I just want to be clear. Can you please put that on the record so that we are clear? Mr. Mensah: Yes, Commissioner. We've been working with MOVERS for the last year, since January 2007, for them to either put the property in use or bring the property back. And last, I believe, in January of this year, they told us that they want the property -- they want to give the property back to the City; that they were unable to bring the property back into use. Vice Chair Spence -Jones: Okay. So I just want to be clear. So we did receive a letter -- Mr. Mensah: Yes. Vice Chair Spence -Jones: --from MOVERS, the organization, asking for -- Mr. Mensah: Yes, we did. Vice Chair Spence -Jones: -- the City to take the properties back? Mr. Mensah: Yes, we did, Commissioner. Vice Chair Spence -Jones: Okay. I just thought it was important for you to put it on the record. Also, I just want to be clear, I know we have two different organizations that have showed up to talk about, you know, these properties that could be made available. I just also would like for you to state for the record that there is a process that has to take place in order for the properties to go to anyone. Can you please just make sure that's clear for the record? Mr. Mensah: Yes. We're currently working on an RFP process. As soon as the property is taken back by the City, we will put it out on RFP, and the agencies concerned will then provide a proposal on how they want to use the property, how they will intend to rehab those properties, and then based on the best proposal, we'll award the property to the agencies. Vice Chair Spence -Jones: Okay. Can I ask this quick question? When we go through the whole RFP process and these agencies get the properties, is there like a deed restriction that reverts back to us if they don't take care of them? What -- Mr. Mensah: There -- Vice Chair Spence -Jones: -- how did MOVERS have it and then we got it back? Was there a City of Miami Page 48 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 deed restrict --? Mr. Mensah: We have a deed -- it's not a deed restriction. We have a mortgage on the property, and this property went to MOVERS from Locktown. Vice Chair Spence -Jones: Right. Mr. Mensah: And in that deed -- there was no deed restriction, but we have a mortgage on those properties. And since it was not used for the intended purpose, we have to take the property back. Vice Chair Spence -Jones: So the same thing would happen for any other organizations; they would come back? Mr. Mensah: Yes. We will have deed restrictions on it; a covenant that will run with the property that will ensure that if the property is not used for its intended purpose, it will revert back to the City. Vice Chair Spence -Jones: Okay. And based upon what you know about the properties already, is there a lot of damage to the properties already? Mr. Mensah: Yes. The properties are currently boarded up. There's Code enforcement liens on the property, and we've even saved it from demolition because we have to put the property back into use. Vice Chair Spence -Jones: Okay. And then last, but not least, I would like to take Brother Gerald's recommendation -- and this is something that I've been sayingfor at least two to three years since sitting on the dais that we must do something to train and provide some sort of technical assistance to our CBOs (Community -Based Organizations). I mean, clearly, you know, their hearts are in the right place and they're really trying to service the population. As he stated earlier, JESCA is one of them; this organization is another one. But this does not mean that their work should go in vain. So I'm going to ask the City Manager, once again, for like the third time -- this is a different City Manager -- but for the third time, or the first time for you, please, we need to put together some sort of technical assistance program to train our CBOs and our nonprofit organizations in the area on how to manage and operate their organization. Andl know at one time Barbara Rodriguez was working very hard to put something like this together. But this needs to be a mandatory training that's put in place because all we're doing is setting these organizations up for failure. That's the only thing that we're doing. And l just would want to find out from you -- there was a statement around the additional monies that MOVERS has to now pay. We're not interested in putting any organization out of business that is servicing people living with AIDS. I want you to speak to this issue and how we're going to address this outstanding amount that MOVERS now will owe based upon this property. Mr. Mensah: Commissioner, this issue of the $181, 000 is actually out of the hands of the City. This is a federal program, and the money has to be used for its intended purpose. If the money is not used, which means if we don't have units for those property, the money has to go back to the US HUD (United States Department of Housing and Urban Development). Vice Chair Spence -Jones: Okay. Mr. Mensah: So the question is, if either MOVERS pays it or the City has to pay it because the money has been used and we don't have units for those properties, and so that is the dilemma that we have at the moment. We -- definitely, we don't want to put MOVERS out of business. However, we just have to ensure that we have units for those monies or we have to give it back to the federal government. City of Miami Page 49 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Okay. So this is really not our requirement; it's more of a HUD requirement. Mr. Mensah: Yes. Vice Chair Spence -Jones: Is that what you're stating? Mr. Mensah: Yes. Vice Chair Spence -Jones: So it's not the City demanding the money; it's HUD demanding the money? Mr. Mensah: If we don't put the money to use the way it's entitled for, then we have to pay back HUD. Vice Chair Spence -Jones: Wow. Commissioner Sarnoff. Madam Vice Chair. Vice Chair Spence -Jones: Do I have somebody from MOVERS to just -- do I have a MOVERS board member? Are you a MOVERS board member? Marc Douthit: No, I'm not a board member; I'm their counsel. Vice Chair Spence -Jones: On MOVERS -- Mr. Douthit: Counsel for MOVERS. Vice Chair Spence -Jones: Okay. Mr. Douthit: Marc Douthit, 12550 -- Vice Chair Spence -Jones: Sure. Mr. Douthit: -- Biscayne Boulevard, Miami, Florida. Vice Chair Spence -Jones: Even -- let me just say that even though the public clearing -- public hearing is closed, I'm going to respect the fact that you want to speak, but I want to at least be able to say that, and then I'm going to recognize Commissioner Sarnoff. Mr. Douthit: Actually -- Vice Chair Spence -Jones: You have the floor. Mr. Douthit: -- I mean, I didn't plan on speaking today. Priscilla A. Thompson (City Clerk): I'm sorry. Vice Chair -- Vice Chair Spence -Jones: Your name for the record. Mr. Douthit: Marc Douthit, I'm sorry. Ms. Thompson: Marc -- City of Miami Page 50 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Douthit: Douthit. Ms. Thompson: Thank you. Mr. Douthit: I hadn't planned on speaking today, but -- I mean, the -- we don't have enough time to really go through the history of the use of this property and what happened to the funds and how we got to where we are. Suffice it to say, MOVERS has made the decision that developing this property for that use is not something that MOVERS can undertake, which is why we turned it back to -- Vice Chair Spence -Jones: The City. Mr. Douthit: -- the City. With respect to the amount that's used, the funds that were given were used towards beginning the process of developing this property. It's not as though those funds were used for some other purpose. So MOVERS takes the position that the funds were actually used in the way that HOPWA was designed for them to be used. Now they didn't complete the project, but that doesn't mean that those funds were not used for that purpose. Vice Chair Spence -Jones: And do you have documentation to -- Mr. Douthit: Yes. Vice Chair Spence -Jones: -- show what you --? Mr. Mensah, if they have the proper documentation showing what they've used towards getting the properties ready, is that something that can be utilized towards bringing that amount down? Mr. Mensah: Mr. Commissioner -- Vice Chair Spence -Jones: Mr. Commissioner? Mr. Mensah: Sorry, sorry. Madam Commissioner, I'm sorry. Vice Chair Spence -Jones: It's okay. Mr. Mensah: We are prepared to sit down with them and look at what part of the amount can be attributed to the property. I mean, if definitely some work was done and we're just going to add work to it, then we can probably attribute it, but we need to sit down with them to see what amount was actually used on the properties. And if none was used on the properties, then there's nothing we can do; then we have to give the monies back. So we're -- Vice Chair Spence -Jones: Okay. And l just -- Mr. Mensah: -- willing to sit down with them. Vice Chair Spence -Jones: Okay. I just want to make sure that we officially put it on the record. You know, you have stated that there are outstanding -- I mean, not outstanding -- there's invoices that actually show that went to the overall bottom line for MOVERS regarding these buildings. I'm asking for staff to sit down with you to work through those numbers to make sure that that makes sense. Again, I just wanted to be clear on my behalf as the district Commissioner for that particular population. I want to be very clear that -- to George Mensah, that we must do everything we can to work with them. Make sure it's right 'cause we don't want no issues in the end, but -- Mr. Mensah: Definitely. City of Miami Page 51 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: -- whatever we need to do to work through whatever their issues are because we're not trying to put them out of business, and I really want to make sure that that's clear to MOVERS that that is not the intent of this Commission. Mr. Douthit: And we understand and appreciate that. Some of these numbers are easily verifiable because they were paid to the contractors directly by the City; they didn't come through MOVERS. Vice Chair Spence -Jones: Well, just provide the support documents, and if you need any help or assistance from my office to be a part of that, know that District 5 is open to work with you regarding that issue. I'm sure Mr. Mensah understands -- Mr. Mensah: Yes. Vice Chair Spence -Jones: -- the sensitivity of the organization; will do everything that's necessary in order to make sure that MOVERS is not put in a further bad situation. Mr. Douthit: Thank you. I appreciate that. Vice Chair Spence -Jones: No problem. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff. Yeah. First off the City is the recipient of all HOPWA money, housing of persons with AIDS money, so these buildings, none of them exist in the City of Miami. They actually exist in the City of North Miami, andl think a little historical reference is necessary for everybody to understand what happened here. In 1993, a company by the name of Locktown received $1.433 million from HUD money issued by the City ofMiami through the HOPWA grant. In 2001, the project was almost complete. It was not completed. In 2003, the property was transferred to MOVERS. The City then gave an additional $380, 000 to complete the project. According to our departments, there's still $181,000 that cannot be accounted for. If we don't take action to get the property back and to pursue this $1.433 million, it then comes out of our general obligations, so it comes out of our tax money. So our hands are tied here. We have no choice but to pursue the money or HUD will take the money back from our tax dollars. And if you don't think 2009 budget's going to be tough, how would you like to pay back $1.433 million to HUD? So there's very little choice here, and think we need to do the prudent fiscal thing and allow the Community Development Department to do what it needs to do to protect the taxpayers for the City ofMiami. Vice Chair Spence -Jones: Commissioner Regalado, you have a comment? Commissioner Regalado: Andl agree with Commissioner Sarnoff. This is a very difficult issue, butt have just a technical question. George, you mentioned that the properties have several Code enforcement liens. Mr. Mensah: Yes. Commissioner Regalado: Are these Team Metro or City of North Miami -- Vice Chair Spence -Jones: Team. Mr. Mensah: Team -- Commissioner Regalado: -- Code enforce --? Mr. Mensah: -- Metro. City ofMiami Page 52 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Regalado: Team Metro. Mr. Mensah: Yes. Commissioner Regalado: My understanding is that if we are going to convey the property once we get it, do we have to give them to the new owner without the liens or we can give them the properties with the Code enforcement citations and liens and let them take care of that? Mr. Mensah: Yeah. We will give it to them as is, and they will take care of the liens, and all the agencies that are concerned, the ones who came to speak here, are aware of those liens. They've -- we have a spreadsheet that contains all the liens and everything on the property, and they are aware of that. I know that the property actually, according to appraised value, is about $1.1 million. So the intention is that if they paid the liens and clear all the liens, they still have enough equity in the property to be able to do something with the property. Commissioner Sarnoff. George, one of the liens is a federal tax lien -- Mr. Mensah: Yes. Commissioner Sarnoff. -- andl don't think you can convey property until a federal -- Commissioner Regalado: That's -- Commissioner Sarnoff. -- tax lien is satisfied. Commissioner Regalado: Right. Mr. Mensah: Well -- Commissioner Sarnoff. I mean, I'll defer to the City Attorney on that, but I'm not aware of anyone being able to transfer any asset with a federal tax lien on it. Commissioner Regalado: It's impossible. Mr. Mensah: Well -- Vice Chair Spence -Jones: Madam City Attorney, you want to speak on this issue? Julie O. Bru (City Attorney): No. As to the federal tax liens, we could convey the property subject to the liens. They would have to pay them. Commissioner Sarnoff. I don't think you can do that. Ms. Bru: Well -- Commissioner Sarnoff. Check. Ms. Bru: -- you know, we'd have to look at that, but you could pay it at closing. I mean, it could be one of the disbursements at closing. Commissioner Sarnoff. Right. It could be a simultaneous transfer. Ms. Bru: Yeah. Commissioner Sarnoff. I agree with that. City of Miami Page 53 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Mensah: Yeah. Vice Chair Spence -Jones: Commissioner Regalado, is that it? Commissioner Regalado: Yeah. Vice Chair Spence -Jones: Okay. I think we've heard a lot on this item, and again, we definitely want staff to be responsible. No one's asking for staff not to be responsible. And as both Sarnoff and Commissioner Regalado said towards the end, the reality is it is going to come out of the general fund, andl know that there are so many other needs also happening throughout -- not just my district, but throughout all of our districts that need to be addressed. All ask, again, is to make sure, George, that whatever expenses that they're saying that they have, that you do a full check on those to make sure if there's something that needs to be reduced from the bottom line, then we do that, but -- Mr. Mensah: We'll do that. Vice Chair Spence -Jones: -- reality is we have to deal with what HUD is asking for us to do. And l just want to get a commitment from you on the record that your team will work on putting together some technical assistance workshops for the CBOs and nonprofit organizations in my -- in all of our districts. I'm sure y'all need it too. Mr. Mensah: Madam Commissioner, we will do that. Vice Chair Spence -Jones: Okay. Thank you. I think then -- we did -- do we have a motion and a second on this item? Ms. Thompson: Yes, ma'am. Commissioner Gonzalez: I think made the motion. Vice Chair Spence -Jones: Okay. Ms. Thompson: Yes, you do. Vice Chair Spence -Jones: All right. And the second, Madam Clerk, was --? Ms. Thompson: You made the second -- Vice Chair Spence -Jones: Okay. So I'm the Chair -- Ms. Thompson: -- before you were -- Vice Chair Spence -Jones: -- now -- before I became the Chair. Ms. Thompson: Yes. Vice Chair Spence -Jones: All right. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. PH.6 08-00437 RESOLUTION City of Miami Page 54 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, WITH Development TITLE REVERTER PROVISIONS, THE CITY OF MIAMI OWNED SIX UNIT PROPERTY LOCATED AT 1371 NORTHWEST 61ST STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO MIAMI'S RIVER OF LIFE, INC., FOR THE DEVELOPMENT OF SUPPORTIVE HOUSING (A TRANSITIONAL INDEPENDENT LIVING FACILITY) FOR FEMALE YOUTH TRANSFERRING OUT OF FLORIDA'S FOSTER CARE SYSTEMS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY DOCUMENT(S) FOR SAID PURPOSE. 08-00437 Legislation.pdf 08-00437 Exhibit 1.pdf 08-00437 Exhibit 2.pdf 08-00437 Summary Form.pdf 08-00437 Map.pdf 08-00437 Miami River of Life.pdf 08-00437 Public Notice.pdf 08-00437 Public Notice 2.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-08-0253 Vice Chair Spence -Jones: PH.6 is the next item. George Mensah (Director, Community Development): Madam Chair, PH. 6 is a resolution of the Miami City Commission, with attachments, authorizing the City Manager to convey, with title reverter provisions, the City ofMiami-owned six -unit property, located at 1371 Northwest 61st Street, Miami, legally described in Exhibit A, attached and incorporated, to Miami's Rivers of Life, Incorporated, for the development of supportive housing for female youth transferring out of Florida's foster care systems. Vice Chair Spence -Jones: Okay. The -- this is a public hearing. Is there --? Thank you, George. This is a public hearing. Grady Muhammad: Grady -- yes. Vice Chair Spence -Jones: Opening -- Mr. Muhammad: Grady Muhammad, 7035 Northwest 4th -- Northeast 4th Court, Miami, Florida 33138, representing At the Radius Group, Inc. Mr. Stefan Miguel is a represent -- he's a City of Miami police officer, but he's run the At the Radius Group, which is a organization that deals with transitional foster care, children that are starting at the age of 13, 14, that's going to be graduated -- you know, I use the -- "graduated" is a nice word, but, in essence, kicked out of the foster care system once they reach the age of 18. He works with them to learn to live independently; to be able to be able to pay their bills. And what we're requesting as part of this proposal is At the Radius Group, Inc. be considered the entity to run this facility. We applied in reference to the 1361 address that -- that was the six -unit apartment building, but it's a separate issue reference to that, and we specifically do this -- we already have five units at 7035 Northeast 4th Court; three units at 2258 Northwest 63rd Street; and five units at 6290 Northwest City of Miami Page 55 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 63rd Street. So these are all currently men and young boys, so we're requesting some assistance to work with you all for women as well on this too. Thank you. Vice Chair Spence -Jones: All right. This is a public hearing. Is there any other comments? Elaine Black: Good morning, Commissioners. My name is Elaine Black, from the Liberty City Trust, 4800 Northwest 12th Avenue, Miami, Florida. The Liberty City Trust, through Miami -- through this Miami Community Development Department, put out to bid this property, 1371 Northwest 61 st Street, for development. A bid was placed; proposals were made to us. Proposals were made to our board on January 7, 2008. Miami Rivers of Life was selected. They were selected because of their outstanding performance in providing child care to individuals transitioning out of the welfare system. It is run by Reverend Dr. George Ellis. The program is fully funded, and we feel that that was an excellent program for the community that was proposed to us and approved by our board on January 7. In addition, the Community Development Department decided to put this property out for RFP (Request for Proposals). It went out for RFP, and after the selection process that the Community Development Department did, Miami Rivers of Life was selected. They are the best candidate for this project. They are fully funded, and we feel that it would be an excellent addition to our community. Thank you. Vice Chair Spence -Jones: All right. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: Any other comments from the public before we bring it back to the Commission? Okay. This item comes back to the Commission. Commissioner Gonzalez: Move -- Commissioner Sarnoff. Second. Commissioner Gonzalez: -- PH. 6. Vice Chair Spence -Jones: I have a motion and a second. Okay. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item officially passes. I just want to make a comment on Elaine and the Trust and how wonderful they're doing with all of these abandoned properties that the City own in the Liberty City area. I want to especially thank CD (Community Development) for their outstanding work with making sure these buildings get rehabbed properly. The building itself will definitely house kids that are transitioning out offoster care, and that's something that's truly needed. Young women truly need help coming out offoster care systems, so we'll officially be able to move these individuals, along with the Rivers of Life, into these buildings. So I wanted to officially thank you guys for your hard work in making sure that that happens, so that's really it. PH.7 08-00438 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 33RD YEAR Development COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $10,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT PUBLIC SERVICE RESERVE ACCOUNT FOR DISTRICT 5; ALLOCATING SAID FUNDS, TO FANM AYISYEN NAN MIYAMI, INC., TO CONTINUE TO PROVIDE PUBLIC SERVICE ACTIVITIES, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY City of Miami Page 56 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. 08-00438 Legislation.pdf 08-00438 Exhibit 1.pdf 08-00438 Exhibit 2.pdf 08-00438 Exhibit 3.pdf 08-00438 Exhibit 4.pdf 08-00438 Summary Form.pdf 08-00438 Agreement.pdf 08-00438 Backup.pdf 08-00438 Notice.pdf 08-00438 Notice 2.pdf 08-00438 Pre-Attachment.pdf 08-00438 Text File Report 1.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-08-0254 Vice Chair Spence -Jones: All right. PH.7 is the next item. Alfredo Duran (Assistant Director): Alfredo Duran, Department of Community Development. PH.7 is transferring $10, 000 of public service CDBG (Community Development Block Grant) monies in District 2's reserve allocation to FANM (Fanm Ayisyen Nan Miyami, Inc.), a nonprofit organization that provides youth and after -school services to kids in the district. Vice Chair Spence -Jones: Thank you. This is a public hearing. We'd like to open up any comments from the public on this item. No comments from the public, so it comes back to the Commission. Commissioner Gonzalez: I'll move it. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item officially passes. So we are going to go -- the -- Mr. Chairman is coming back. I don't know how you want to run the next -- Chair Sanchez: I'm back. Vice Chair Spence -Jones: -- part of the meeting. We finished all the PH (Public Hearing) items. Chair Sanchez: We're done with all the PH? Priscilla A. Thompson (City Clerk): No. Chair Sanchez: No? City of Miami Page 57 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Yes, sir. Chair Sanchez: Now I think we got -- Vice Chair Spence -Jones: Oh, we got another one? Chair Sanchez: Which one are we missing? Ms. Thompson: PH.1. Commissioner Gonzalez: PH.1. Ms. Thompson: We just finished all of the ones scheduled for 10: 30 with the -- Vice Chair Spence -Jones: Oh, yeah. Okay. Chair Sanchez: All right. So we are done with the -- Vice Chair Spence -Jones: Now we're going -- Chair Sanchez: -- PH 2 through 7, right? Vice Chair Spence -Jones: Yes. Chair Sanchez: We're done? Vice Chair Spence -Jones: Yes. City of Miami Page 58 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 SR.1 08-00350 ORDINANCE Department of Public Facilities ORDINANCES - SECOND READING Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 50 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SHIPS, VESSELS AND WATERWAYS," TO MODIFY REGULATIONS RELATING TO THE ANCHORING, MOORING AND USE OF VESSELS IN THE CITY OF MIAMI'S ("CITY") WATERWAYS BY ADDING NEW DEFINITIONS, REVISING REGULATIONS, PROVIDING NEW REGULATIONS RELATING TO CITY MARINAS AND MOORING FACILITIES; PROVIDING FOR THE ADMINISTRATION AND OPERATION OF CITY MARINAS AND MOORING FACILITIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00350 Legislation.pdf 08-00350 Summary Form.pdf 08-00350 SR Legislation.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 12992 Chair Sanchez: All right. Let's go ahead and get back on the agenda. We should have some items that are noncontroversial. Once again, I want to state that the EAR (Evaluation and Appraisal Report) will probably be heard around 4, 4 to 5, so we're going to try to get some of these noncontroversial items out of the way. Let's go on with second reading ordinances. Let's go ahead and do SR.1. Laura Billberry (Director): Lori Billberry, Public Facilities. This is second reading of an ordinance amending Chapter 50 of the Code regarding ships, vessels, and waterways, to modify and update the regulations regarding anchoring, mooring, and the use of vessels in City's waterways. We have received one request since the first reading, and it's a nonsubstantive request to change where one of our customers have asked that we, instead of limiting our signs -- "For Sale" signs to say "For Sale By Owner, " that we just say they could have a "For Sale" sign, but it would not preclude them from utilizing a broker to sell their boats. And we would also suggest that the square footage of the signs be reduced to one square feet -- foot. Chair Sanchez: All right. That's -- it still comes to us with representation from the Waterfront Advisory Board and the Miami River Commission? Ms. Billberry: Yes. Both the Miami River Commission and the Waterfront Advisory Board have recommended approval of this item. Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff. So move. Chair Sanchez: There's a motion by Commissioner Sarnoff. Is there a second? Commissioner Gonzalez: Second. City of Miami Page 59 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 SR.2 08-00351 Department of Public Facilities Chair Sanchez: Second by Commissioner Gonzalez. Before we open it up for discussion, it is an ordinance on second reading, as amended. The public hearing is open. Anyone from the public wishing to address this item, please step forward and be recognized. State your name and address and organization you represent for the record. Brett Bibeau: Thank you, Mr. Chairman. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. The Miami River Commission unanimously found the proposed amendments to Chapter 50 consistent with our strategic plan, the Miami River Corridor Urban Infill Plan. Thank you for your time, Mr. Chairman. Chair Sanchez: Thank you. Very brief. Anyone else wishing to address this legislative body? The public hearing, at this time, is closed, and it comes back to the Commission. Any further discussion on this ordinance on second reading? Hearing none, it's an ordinance on second reading. Madam Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): This is roll call on your second reading modified ordinance. Chair Sanchez: Yes, ma'am. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 5/0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ABOLISHING THE ORANGE BOWL ADVISORY BOARD, BY REPEALING IN ITS ENTIRETY CHAPTER 53/ ARTICLE II/ DIVISION 4, ENTITLED "ORANGE BOWL ADVISORY BOARD," SECTIONS 53-121 THROUGH 53-127, OF THE CODE OF THE CITY OF MIAMI, AS AMENDED ("CITY CODE"), AND BY AMENDING CHAPTER 2/ ARTICLE XI/ DIVISION 2, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," SECTION 2-892(4)(F), OF THE CITY CODE, ALL AS STATED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00351 Legislation.pdf 08-00351 Summary Form.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 12994 Chair Sanchez: All right. Moving on to SR.2. SR.2 is also an ordinance on second reading. Need a motion. Commissioner Gonzalez: Move it. City of Miami Page 60 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: All right, a second. Commissioner Sarnoff. Sec -- Vice Chair Spence -Jones: Second. Chair Sanchez: All right. This is repealing, in its entirely [sic], Chapter 53, Article II, Division IV, entitled "Orange Bowl Advisory Board." We're sunsetting some of these advisory boards. Okay. There's a motion and a second. It's an ordinance on second reading. Anyone from the public wishing to address this item, please step forward and be identified. Seeing no one, the public hearing is closed, coming back to the Commission. No further discussion on the item. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. 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. SR.3 08-00384 ORDINANCE Second Reading District 3- Chair AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Joe Sanchez 6/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ANIMALS/DOGS," MORE PARTICULARLY BY AMENDING SECTION 6-41, ENTITLED "CRUELTY TO DOGS; PENALTIES;" TO PROHIBIT TETHERING UNDER CERTAIN CONDITIONS; PROVIDING DEFINITIONS AND PENALTIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00384 Legislation.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 12995 Chair Sanchez: All right. SR.3 is the ordinance on second reading, and that's the anti -tethering of dogs. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Gonzalez, second by Vice Chair Spence -Jones. I do want to apologize for all the e-mails (electronic) that came forward on this ordinance. I must have gotten thousands of them from all over the world. It goes to show you how many animal lovers. All right. Before we open up for discussion, it is a ordinance on second reading. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is City of Miami Page 61 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 SR.4 08-00233 Honorable Mayor Manny Diaz closed, coming back to the Commission. Any discussion on the item? If not, read the ordinance into the record. It's a second -- The Ordinance was read by title into the public record by the City Attorney. 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 10/ARTICLE I/ SECTION 10-4, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "BUILDINGS/IN GENERAL/BUILDING PERMIT FEE SCHEDULE," MORE PARTICULARLY BY AMENDING SECTION 10-4(B)(4) TO ADD DEFINITIONS AND SECTIONS "G-J" TO ESTABLISH A MEANS OF PROVIDING EXPEDITED SERVICE FOR PLANS REVIEW FOR GREEN BUILDINGS THAT MEET THE UNITED STATES GREEN BUILDING COUNCIL STANDARDS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00233 Legislation.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 12978 Chair Sanchez: Let's take up SR.1 -- I mean, SR.4 -- Pedro G. Hernandez (City Manager): SR.4, FR.1. Chair Sanchez: -- FR.1, FR.2, FR.3, and then RE. 6. Those are all pertaining to the Mayor's green initiative. Let's address those issues now. Mr. Hernandez: Okay. Starting with SR.4, SR.4 is approving an expedite ordinance for the review of green building plans submitted through the permitting process. It's on a second reading. Commissioner Gonzalez: Move it. Commissioner Sarnoff. Second. Chair Sanchez: All right. There's a motion and a second. All right. SR.4, it's an ordinance on second reading, and this is an ordinance providing expedited services for plans for use for green buildings. There's a motion and a second, and it's an ordinance on second reading. It requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission for discussion. Any discussion on SR.4, ordinance on second reading? Commissioner Sarnoff. Mr. Chair. City of Miami Page 62 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: You're recognized for the record. Commissioner Sarnoff. Robert, I guess you're the person that's going to speak to this. Is there any wisdom to requiring that, as an expedite, they meet the silver standard versus just the green standard? Robert Ruano: Robert Ruano, director of Grants and Sustainable Initiatives. Yeah. LEED (Leadership in Energy and Environmental Design) is the recognized standard throughout the country, and it is a third party verification, and we feel that it is something that is -- there's criteria -- set criteria and not just something that's kind of vague, so that's -- Commissioner Sarnoff. Let me ask you this way. Would the Mayor accept a friendly amendment that it would be silver standard minimum to be the expedite? Mr. Ruano: Yes. Commissioner Sarnoff. Okay. So let me put that as a friendly amendment to the second reading. Chair Sanchez: So we go from a LEED to a silver? Commissioner Sarnoff. Silver standard. Chair Sanchez: That's the amendment. Okay. You want to address that issue? Mr. Ruano: Understand that for buildings in excess of 50, 000 square feet, they would have to exceed [FED silver, okay? And buildings below 50,000 square feet, any level of LEED certification. So are you saying that under 50,000, they'd have to be LEED silver? Commissioner Sarnoff. I wasn't sure that you had the silver standard. Mr. Ruano: Yes. Commissioner Sarnoff. If you have the silver standard in there, then I don't need to make an amendment. Chair Sanchez: All right. So the friendly motion [sic] has been withdrawn. The item stands as presented with a maker of the motion being Commissioner Gonzalez, second, Commissioner Sarnoff. No further discussion on the item. It's a resolution -- sorry, it's an ordinance on second reading. Madam Attorney, read the ordinance into the record, followed by a roll call. Julie O. Bru (City Attorney): Yes, Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. 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. City of Miami Page 63 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 FR.1 06-01042 Honorable Mayor Manny Diaz ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF CITY OF MIAMI, FLORIDA AS AMENDED, TO CREATE CHAPTER 22.5, ENTITLED "GREEN INITIATIVES," TO PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE INITIATIVES AND POLICIES, AND CREATING ARTICLE I ENTITLED "GREEN FLEETS," TO ADD DEFINITIONS AND SECTIONS TO PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE PURCHASING REGULATIONS FOR CITY OF MIAMI VEHICLES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-01042 Legislation.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. Let's take up SR.1 [sic]. SR.1 [sic] is an ordinance on first reading. Pedro G. Hernandez (City Manager): Yes. Mr. Chairman, it's FR.1. Chair Sanchez: Yes, FR.1. Mr. Hernandez: Right. Chair Sanchez: FR.1. FR.1, first reading, part of the green initiative to provide for environmentally responsible initiative -- Commissioner Gonzalez: Move FR.1. Chair Sanchez: -- and policies and creating articled entitled "Green Fleet." Commissioner Gonzalez: Move it. Chair Sanchez: All right. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Vice Chair Spence -Jones for the purpose of discussion. Before we open it up for discussion, it is an ordinance on first reading. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, for the record, the public hearing is closed, coming back for discussion. Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Thank you, Mr. Chairman. First of all, I'd like to commend the Mayor and the City staff for their leadership on this whole issue of the City ofMiami becoming green, so I wanted to at least officially do that. This question is really addressed towards Robert. Andl know that, you know, the whole purpose of why we're doing this, but want to also understand that there's been some sort of look at the fiscal impact of all of this. I mean, I think that is important. I mean, all of us have been briefed on -- and I'm sure we're going to hear about it today regarding the budget. So has that been looked at, the cost? City ofMiami Page 64 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Robert Ruano (Director, Grants & Sustainable Initiatives): Yes. Vice Chair Spence -Jones: Were you able to do a comparison on what it is to purchase a fleet of green -- Mr. Ruano: Yes, I have. Vice Chair Spence -Jones: -- vehicles compared to a fleet of --? Mr. Ruano: Well, remember, the ordinance is dealing with the purchase, operation, and maintenance of vehicles to make them environmentally friendly. And the purchase requires that we are getting five percent fuel efficiency per year. That five percent fuel efficiency is developed any way they want to. It could be from duel optimization. It could be from -- right now, purchase of hybrid vehicles, from purchasing smaller vehicles in the same class. So there's a number of ways that it can be done. And we feel, in talking to the respective departments, that by doing all these things, that it may not have any effect -- any additional cost because of all the optimization that we can do -- Vice Chair Spence -Jones: So -- Mr. Ruano: -- and the fuel savings, obviously. Vice Chair Spence -Jones: -- that -- to answer the question, there has been some sort of fiscal impact study or looked at -- Mr. Ruano: Yes. Vice Chair Spence -Jones: -- what kind of cost --? Mr. Ruano: Yes, we have. Vice Chair Spence -Jones: So you're putting that on the record? Mr. Ruano: Yes -- well, we have looked -- we have sat down with GSA (General Services Administration), obviously, which is the primary user. We've talked to all the departments, Police and Fire, Purchasing, obviously, and we looked at all the different ways that this could be established. There will be a committee that will be set up to -- and every department would be required to meet those five percent fuel efficiency. We believe that there's other ways they can do it other than just increasing their costs; maybe reducing the size of their vehicle, reducing idling times, doing route optimization. So there's a number of ways -- not to mention the fuel savings of getting more fuel -efficient vehicles. Vice Chair Spence -Jones: Okay. That was my only question is to make sure that there's some sort of look at that issue. Mr. Ruano: Yes. Chair Sanchez: The item is still under discussion. Commissioner Regalado: Chairman. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Robert, how many hybrid vehicles we have now in the City's fleet? City of Miami Page 65 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Ruano: I believe we have about 14, give or take one or two. Commissioner Regalado: And -- Mr. Ruano: And ten more coming. Commissioner Regalado: Those ten coming are from this year budget? Mr. Hernandez: Yes, sir. Mr. Ruano: Yes. Commissioner Regalado: Okay. 'Cause -- and next year's, do we have any plans in terms of the need for more vehicles? Because this is just to replace -- this ordinance, what it does is replace those who are been retired, right? Mr. Ruano: Yes. When the City gets new vehicles, they would either have to get hybrid vehicles and more fuel -efficient vehicles, correct. Commissioner Regalado: So -- but next year, do you have any idea, Manager? Mr. Hernandez: Not at this time. We're working with GSA to determine the number of vehicles that we can actually replace in the following year, and of course, that would be subject to the proposed budget for '08/'09. Commissioner Regalado: Thank you. Chair Sanchez: Anyone else on discussion? If not, I just want to take the opportunity to address this issue as the green initiative. Government needs to lead as an example. I want to take the opportunity to praise the Mayor on that initiative. I think it's one of the initiatives that really showcase Miami throughout the United States as cities that are way ahead of us in a way, but we are certainly catching up with them. When you talk about the cost of gasoline today and how we have become dependent on gasoline -- the average price, I think, right now is like $3.80 -- if you look at all the money that we spend on fuel -- and every year we have to add funds to that budget just to be able to meet the fuel. The significant savings that we'll have will not be overnight, but if you look at the numbers and you look at what it could do for the City, I think, at the end with the fleets, it'll be a wash. But it's not that that we're looking for. I think that we have to look at the future of what this City and every other city throughout the United States needs to do, and that is to make sure that we have a healthy environment; that once we're gone -- I think all of us here, whether we have children or grandchildren, as we look into the future, we need to make sure that this earth, which provides a lot for us, we start providing for it to make sure that we do have a sustainable environment, a clean environment for the next generations to come. So, you know, as they say, hybrid car, whatever it may cost, other ideas, whatever it may cost, at the end of the day, you know, a healthy environment is priceless. Thank you. All right. So it is a ordinance on first reading. There's been a motion and a second. Can you read the ordinance into the record, followed by a roll call vote. Julie O. Bru (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. City of Miami Page 66 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 FR.2 08-00232 Honorable Mayor Manny Diaz FR.3 08-00230 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "GREEN INITIATIVES," BY ADDING A NEW ARTICLE ENTITLED "GREENSPACE MANAGEMENT FUND," TO CREATE AN ACCOUNT FOR THE MANAGEMENT OF FUNDS USED FOR THE PRESERVATION OF THE CITY OF MIAMI'S PUBLIC GREENSPACE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00232 Legislation.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Honorable Mayor Manny Diaz Chair Sanchez: All right. FR.2 is the green space fund. It's an ordinance -- Commissioner Gonzalez: Move -- Chair Sanchez: -- also on first reading. Commissioner Gonzalez: -- FR.2. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, a second by the Chair [sic]. Before we discuss it, it is an ordinance requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, for the record, the public hearing is closed; coming back to the Commission for discussion. Any discussion on this item? Hearing no discussion on the item, Madam Attorney, read the ordinance on first reading, FR.3 [sic], into the record, and then we'll go with a roll call. FR.2, I'm sorry. For the record, FR.2. Julie O. Bru (City Attorney): Okay. Chair Sanchez: And then we'll go with a roll call. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. Chair Sanchez: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GREEN INITIATIVES," BY ADDING A NEW ARTICLE ENTITLED City of Miami Page 67 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 "ENVIRONMENTALLY PREFERABLE PURCHASING," TO SET FORTH PURPOSE, DEFINITIONS, AND RESPONSIBILITIES FOR ENVIRONMENTALLY PREFERABLE PURCHASES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. 08-00230 Legislation.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Vice Chair Spence -Jones to the Administration to provide her with a cost analysis of the green fleets. Chair Sanchez: All right. We go to FR. 3. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: FR.3, there's a motion and a second for the record. Motion has been moved by Commissioner Gonzalez, second by the Vice Chair. Public hearing is open. Anyone wishing to address this item, please step forward and be identified. Seeing no one, the public hearing is closed, coming back to the Commission. Is there anything you want to add on the record? Robert Ruano (Director, Grants & Sustainable Initiatives): Commissioner, for the record, this is an ordinance setting up environmentally preferable purchasing, basically setting up a list -- the City will set up a list of items the City should be purchasing and standards for that list that would be reviewed on a yearly basis to the main goal, obviously, sustainability and environmentally -friendly products. Chair Sanchez: All right. Commissioner Sarnoff. Mr. Chair. Chair Sanchez: Discussion on the item. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff. Robert, will it also include items that should not be purchased, for instance, plastic bottles? Mr. Ruano: By way of reference --I think it doesn't specifically exclude products, but by way of reference, it's -- the products that are included are sustainable and reusable products. So by reference, disposable items would not be recommended. Commissioner Sarnoff. So plastic bottles specifically -- you may not even -- Mr. Ruano: Plastic bottles specifically are not excluded. Nothing is particularly excluded; things are recommended and things are required to be purchased, such as Energy Star products, reusable products, when possible, recyclable products, but specifically not -- Commissioner Sarnoff. Some people are under the, I guess, misguided assumption that plastic bottles get -- you know, I guess it's burnt down and reused; whereas, most of them don't. I think it's upwards of 80 percent never get recycled. So my question to you is -- let's surmise I don't want to read the verbiage -- would it be interpreted by your office or Sustainable Initiatives that the City should discourage the purchase of plastic bottles? City of Miami Page 68 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Ruano: I think anything that -- yes -- is disposable should be discouraged to a sense. And remember, there is -- there's going to be set up a list of products and standards that the City should be purchasing, so there'll be another opportunity to -- Commissioner Sarnoff. And the only reason I bring it to you is 'cause you keep referencing things that could be recycled, and there is a misnomer or misunderstanding out there in the public that if you buy plastic bottles, they're recycled; whereas, if I'm not mistaken, 8 out of 10 will not be recycled. So I would just hope that you would interpret -- or the City would interpret plastic bottles as a nonrecyclable issue. Mr. Ruano: Okay. Mr. Hernandez: Commissioner, my understanding is that we do have a resolution -- Commissioner Sarnoff. Right. Mr. Hernandez: -- that, in essence, discourages or prohibits the use of plastic bottles of certain sizes. Andl think that when we look at the alternative environmentally -friendly list, it will not include plastic bottles. Commissioner Sarnoff. Okay. Chair Sanchez: All right. Sony. Are you done? Commissioner Sarnoff. Yes. Chair Sanchez: Okay. Vice Chair Spence -Jones. Vice Chair Spence -Jones: Yes. Robert, the only thing that I want to ask, if you can give me -- it's not in reference to these -- this particular item; I support it 100 percent. Butl would like to have the cost analysis regarding the breakdown of the green fleet, so I wanted to mention that earlier, but if you can, I'd like to see the analysis at a later date. Mr. Ruano: Okay. Vice Chair Spence -Jones: All right. Mr. Ruano: Yes, ma'am. Chair Sanchez: Any other questions? Could you just put on the record that it cannot exceed more than ten percent? Mr. Ruano: Yes. Per the ordinance, the item -- we are purchasing environmentally -preferable products, but if they're not -- they cannot exceed ten percent of cost of similar items. Chair Sanchez: Okay. And also, reading the ordinance, there's a few minor conflicts there, which I think we could resolve them before the first and second reading. Madam Attorney, will they be significant changes to this ordinance? I don't think so, but I just want -- Julie O. Bru (City Attorney): No, no. Chair Sanchez: -- to get your legal opinion. Ms. Bru: No. We're meeting just to do housekeeping, making sure that all the language is clear, City of Miami Page 69 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 unambiguous, and there's no inconsistencies with the application of the different sections. Chair Sanchez: So -- Ms. Bru: We'll clean it up before second reading. Chair Sanchez: Okay. All right. Any further discussion on the item? If not, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. 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 passed on first reading, 5/0. City of Miami Page 70 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 RE.1 08-00406 Honorable Mayor Manny Diaz RE.2 08-00430 Department of Fire -Rescue RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE THE PROPOSED REDUCTIONS IN FUNDING FOR THE SCHOOL READINESS GRANT PROGRAM TOTALING APPROXIMATELY $30,000,000, IN GENERAL REVENUE AND FEDERAL FUNDS, RESULTING IN THE ELIMINATION OF 1400-2200 SUBSIDIZED CHILD CARE SLOTS IN MIAMI-DADE COUNTY WHICH WOULD FURTHER PLACE UNDERSERVED FAMILIES AT HIGH RISK; URGING SAID OFFICIALS TO FIND ALTERNATIVE FUNDING SOURCES TO HELP OFFSET THE BUDGET SHORTFALLS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS AS STATED HEREIN. 08-00406 Legislation.pdf WITHDRAWN Chair Sanchez: All right. I believe RE.1 was already approved earlier today. That was part of the Mayor's green initiative. Priscilla A. Thompson (City Clerk): No, sir. We did RE.6earlier. Commissioner Sarnoff. RE.1 was -- is moot. Vice Chair Spence -Jones: Yeah. Julie O. Bru (City Attorney): I believe RE.1 is being withdrawn. Vice Chair Spence -Jones: Yes. Ms. Bru: It's -- the Manager was going to announce that it's withdrawn. Chair Sanchez: Okay. All right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "FISCAL YEAR 2008 DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), URBAN SEARCH AND RESCUE ("USAR") COOPERATIVE AGREEMENT,CONSISTING OF A GRANT FROM THE DEPARTMENT OF HOMELAND SECURITY, FEMA, TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE, FOR THE EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR THE FLORIDA USAR TASK FORCES, TO ACQUIRE EQUIPMENT AND TO PROVIDE TRAINING IN APPROVED USAR TRAINING COURSES, IN THE AMOUNT OF $1,030,179; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. City of Miami Page 71 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 08-00430 Legislation.pdf 08-00430 Exhibit 1.pdf 08-00430 Exhibit 2.pdf 08-00430 Summary Forrm.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-08-0256 Chair Sanchez: Let's go to RE.2. Commissioner Gonzalez: No, RE.1. Chair Sanchez: RE. 2 is a resolution. It's a grant from the Department of Homeland Security, FEMA (Federal Emergency Management Agency), to be used by the Department of Fire -Rescue for the expenditure -- Commissioner Gonzalez: Move RE. 2. Chair Sanchez: -- of local government unit funding for the Florida USARK [sic] taskforce. Vice Chair Spence -Jones: Second. Chair Sanchez: Okay. That's to acquire training equipment. You want to just put something on the record there? Assistant Chief Reginald Duren (Fire -Rescue): Yes. The purpose of this resolution is to establish funding from the federal government for purposes of training and management of the USAR (Urban Search and Rescue) team, to include training and also administrative efforts associated with the USAR. Chair Sanchez: All right. And there are no matching funds, correct? Assistant Chief Duren: No, sir. Chair Sanchez: All right. Is there a motion? Priscilla A. Thompson (City Clerk): Excuse me, Chair. We do need a name -- Commissioner Gonzalez: I did move it. Ms. Thompson: -- for the record, please. Chair Sanchez: Yes, sir. Assistant Chief Duren: Assistant Chief Reggie Duren, City ofMiami Fire -Rescue. Ms. Thompson: Thank you. Chair Sanchez: All right. The speaker has been clearly identified for the record, and there's a motion -- Commissioner Gonzalez: I move it, and Vice Chair -- City ofMiami Page 72 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: -- and a second. The motion -- Commissioner Gonzalez: -- second. Chair Sanchez: -- has been made by Commissioner Gonzalez, second by -- Commissioner Regalado: Second. Chair Sanchez: -- Vice Chair Spence -Jones. Any further discussion? It's a resolution not requiring a public hearing. Anyone from --? All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, it passes, 5/0. Ms. Thompson: Thank you. Assistant Chief Duren: Thank you. RE.3 08-00355 RESOLUTION Office of Strategic A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING Planning, APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY Budgeting, and REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2007. Performance 08-00355-Legislation-SUB. pdf 08-00355 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0257 Chair Sanchez: All right. Now let's go to RE.3. RE.3 is appropriation, operational and budgetary. Michael Boudreaux: Mike Boudreaux, director, Management and Budget. Commissioners, in front of you is the resolution to close out the fiscal year 2007 budget for the general fund, special revenue funds, and debt service funds. However, I do have a floor change to make. I'll pass them out. The changes that were made were to the total general fund budget for fiscal year 2006/2007. The new total is now 586, 799, 535, and the total budget for all funds are now 1, 022,907, 887. The other changes occurred on page 2 of the resolution, changing the amount in nondepartmental accounts, NDA, to 72,197, 977, changing the total general fund to 586, 799, 535. On the third page of the same resolution, there's a change in the interest amount to 61, 411, 040, making the total general fund once again, 586, 799, 535. And then the last set of changes occurred on the third -- on the fourth page of the same resolution under special revenue funds, general special revenues are now at 76 -- I'm sorry, 75,679, and we have added two -- we have changed the total for Community Development to 4,877,762 and have added two separate funds, one for SHIP (State Housing Initiative Program) and one for Section 8. The SHIP total is at 5, 494, 675, and the Section 8 total at 10,146, 593. Commissioner Sarnoff. Where wouldl be seeing where you're reading from? Mr. Boudreaux: Page -- under the section five, the last -- section five, under special revenue City of Miami Page 73 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 funds is the last changes that I've just went over. Commissioner Sarnoff. I'm trying to read where you said SHIP funds. Mr. Boudreaux: We added a section for Community Development SHIP for a total budget of -- Commissioner Sarnoff. Oh, I see. Mr. Boudreaux: -- 5, 494, 675. Commissioner Sarnoff. Mr. Chair. Chair Sanchez: Yes, sir. You're recognized for the record. Commissioner Sarnoff. Michael, in the -- in looking at the budget the way you did it last year to close it out, you seemed to have had a $20 million shortfall, which you closed by putting money from CIP (Capital Improvements Program) into the general fund and then taking it out again. Is that correct? Mr. Boudreaux: The -- you're referencing the Capital Improvement fund moving some unallocated general fund monies back to the general fund? Commissioner Sarnoff. Right. Mr. Boudreaux: Yes, sir, that's what we did. Commissioner Sarnoff. Okay. And then what you also found that you had $7 million in additional interest. Mr. Boudreaux: Yes, we did. Commissioner Sarnoff. And that closed your gap -- the 20 million gap that you had. Mr. Boudreaux: Yes, it did. Commissioner Sarnoff. Okay. Mr. Boudreaux: One of the goals, of course, Commissioners, is what we had stated previously in past budget briefings, is to keep the general fund balance at $100 million for the year. The general fund balance is projected to close at 100, 450,145 for the year, so we're trying to maintain the general fund balance at that amount to try to keep it at $100 million for the year. Commissioner Sarnoff. The general fund balance? Mr. Boudreaux: The general fund balance, the general operating fund balance amount. Prior commitments were made to keep it at $100 million for the year. Commissioner Gonzalez: That's the reserve, right? Chair Sanchez: That's reserve. Mr. Boudreaux: Reserves, total reserves. Commissioner Sarnoff. Yeah. I was going to say that's -- is that the reserve -- right. City of Miami Page 74 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Boudreaux: Total reserves. Commissioner Sarnoff. I have one more question, Mr. Chair. Chair Sanchez: You're recognized for the record. Commissioner Sarnoff. Michael, with regard to --I think got an explanation, but I'djust like to hear it on the record. There was a reduction -- it said less additional funds in support of the FOP (Fraternal Order of Police) Health Trust, as required under the current collective bargaining agreement, and it was a $5, 682, 858 adjustment. Mr. Boudreaux: That's correct. Commissioner Sarnoff. That's never happened before, right? Mr. Boudreaux: Every year the City does have a requirement to meet the FOP Health Trust shortfall should it occur in a year. What made 2007 unique was the fact that we had a extra requirement that took it to five million. We normally pay out about two to three million each year, but we had an extra payment that was really pertaining to fiscal year 2006 that actually came and hit us in 2007. Now we've since -- I'm sorry. Commissioner Sarnoff. I'm sorry. I don't mean to interrupt you, but what was the unusual requirement? What happened? Mr. Boudreaux: Well, under the current collective bargaining agreement, whenever the FOP Health Trust fund balance falls below $2, 350, 000, the City has agreed to help make up that difference and is required to do so within a 30-day period. It's based on any consecutive changes that -- over the past 12 months that we are required to provide that. However, there was a requirement for us to pay an amount that really pertained to fiscal year 2006, and we should have been notified in 2006 of that requirement, but instead, we were notified in fiscal year 2007 of that requirement, which made our total -- Commissioner Sarnoff. But then -- Mr. Boudreaux: -- payout five million for that year. Commissioner Sarnoff. Maybe you're not getting the question I'm asking. What caused that? Mr. Boudreaux: Any time the balance goes below that -- Commissioner Sarnoff. I got that. Mr. Boudreaux: Well, I'm getting to the answer, sir. Commissioner Sarnoff. You would be so much fun to depose. Mr. Boudreaux: It's because of the fact that they had a high amount of payouts from the trust fund, from claim activities as a result as to why they go under each time. Commissioner Sarnoff. So, in Risk Management speak, as opposed -- Mr. Boudreaux: Risk Management speak. Commissioner Sarnoff. -- to Finance speak, the -- you had an unusually high claim period. City of Miami Page 75 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Boudreaux: We had an unusually high claim period, but we also had a payout requirement that was really pertaining to the prior fiscal year, which added to the extra payout. The normal year says that, yes, if we have a abnormal amount of payouts, we should experience that shortfall in that requirement, but on top of that, we had a payout that pertained to a prior fiscal year that should have been recorded in that year and not in -- Commissioner Sarnoff. Oh, I see. Mr. Boudreaux: -- fiscal year '07. Commissioner Sarnoff. So you had sort of a double issue? Mr. Boudreaux: Yes. Commissioner Sarnoff. Okay. Well, what was -- any reason why it wasn't recorded in that fiscal year? Mr. Boudreaux: Well, we've since spoke to someone at the Health Trust and asked them to, you know, please give us this information so that it won't hit us twice in one year, that we could just get that hit once in that year. Commissioner Sarnoff. Okay. Mr. Boudreaux: That's what was trying to explain. Commissioner Sarnoff. And I'm sure you did, but I didn't understand it. Chair Sanchez: Vice Chair -- You done? Vice Chair. Vice Chair Spence -Jones: You done, Commissioner --? Commissioner Sarnoff. Yes, sorry. Vice Chair Spence -Jones: Okay. I just have a question. I know in my briefing yesterday we talked about the issue of this shortfall, you know, and you expressed your concerns, and of course, you know, I heard them. I -- my question, though, for you in the meeting with you was, you know, a lot of times we sit here on the dais and there's initiatives that we develop or we create or we bring forth, and several of them have actually happened this year, and know on different occasions, whether or not it be me or my colleagues, we ask the question what is the fiscal impact of many of these new initiatives, of projects, or these policies that we created. And in our discussion that we had yesterday, I asked the same question again; has any of those things been addressed in, you know, the current budget, and -- or in this particular adjustment, and you stated -- Mr. Boudreaux: As far as the fiscal year '07 budget, of course anything that the Commission approve is included in that budget. Vice Chair Spence -Jones: Right. But going forth -- remember, part of our discussion -- Mr. Boudreaux: Going forward in fiscal -- Vice Chair Spence -Jones: -- was -- Mr. Boudreaux: -- year 2009. City of Miami Page 76 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: -- that -- right -- you would also have -- I want you to put it on the record. I'm trying not to -- I want you to -- Mr. Boudreaux: Okay. Vice Chair Spence -Jones: -- state, you know, your concerns around the issue of as we go -- Mr. Boudreaux: Well, as -- of course -- in our discussion yesterday, there is a concern of the shortfall that the City will face in 2009, primarily as a result of the actions taken at the State to limit the amount of property tax revenues that municipalities and State of Florida can collect and the impacts that it will have on the next year's operation and the way in which we will have to scale back on certain operations in order to meet our balanced budget requirement. Vice Chair Spence -Jones: Okay. And it's your suggestion, as we move ahead, that we consider that as we begin to introduce policies or new legislation regarding issues that are going to have some sort of fiscal impact. Mr. Boudreaux: That's -- Vice Chair Spence -Jones: Was that not the statement? Mr. Boudreaux: -- that is the statement. That is correct. We have to take a look at the operations for next year. Of course, decisions will have to be made once that is presented and of course, if it is one of those specific programs or whatever has been approved previously that needs to be reviewed, then once the City Manager presents the budget to the Commission, it would include those recommendations. Vice Chair Spence -Jones: Right. I think one of -- and in closing, I just wanted to say this, Mr. Chairman, and I'll use, for example, the issue of what we're doing for the signage issue in our districts and the Code enforcement actions that we're taking regarding people that are either posting these illegal signs or passing them out, and have to say exactly what said was going to happen in -- when we started cracking down on Code enforcement in the downtown area. Now in the Liberty City area and in the Wynwood area, I'm seeing like all the signage now shifting to those particular neighborhoods because the enforcement is now happening in -- moving away from the downtown area and now moving closer in the neighborhoods, and I'm saying that to say 'cause those are -- whenever we create these initiatives and these things that we create sitting from this side, we need to really consider how -- what kind of impact it's going to have overall -- Mr. Boudreaux: And that is correct. Vice Chair Spence -Jones: -- on the budget. Mr. Boudreaux: Yes, it is. Vice Chair Spence -Jones: You know, so -- meaning manpower, meaning additional services that are needed, and when you told me we were going to have -- what kind of deficit we were going to have going into next year, I was very much concerned about that issue because it's important for us not to create something that we can't, you know, fund -- Mr. Boudreaux: That's correct. Vice Chair Spence -Jones: -- you know -- Mr. Boudreaux: Any time the Commission makes any sort of recommendation that increases City of Miami Page 77 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 costs, then it will have a affect on our '09 operations that, of course, we have to take a look at and evaluate. Vice Chair Spence -Jones: So I would like to at least bring -- the reason I'm bringing this forth -- andl'm saying this to really our City Manager. As we move forth, I know that there's so many initiatives and things that we all need to get done in our district that at least some sort of analysis is done when we're trying to introduce, you know, items, you know, and we pass them and then only six months later or a year later you guys say you can't do them because, quite frankly, we don't have the resources to do them. I think that it's important that the item is totally vetted out before we're addressing it in a issue like this with the budget. And then, in closing, I just wanted to mention -- I also mentioned to you in that same meeting that we need to look at certain City services that we have now -- andl think we talked about this, Roger; how in the County, for instance, we have superb services in the area of waste management, you know, compared to the County, and that our rate -- if you can put it on the record -- is -- compared to the County is -- Roger Hernstadt (Chief of Staff, Office of the City Manager): Rogert Hernstadt. The City's rate is 325 a year, and the County's rate is roughly $400 a year. Vice Chair Spence -Jones: Right. So my point is -- and we provide more services? Is that not correct, Roger? Mr. Hernstadt: Yes, ma'am. Vice Chair Spence -Jones: Right. So I'm just saying we need to -- ifI sit down with my budget person and he scares me halfway to death after dropping these numbers, I'm -- you know, on us in these meetings, I think that it's important that we begin to look at other departments and look at other things that we can do to create additional revenue so that this does not become a problem. So I just wanted to make sure that at least we've put that on the record today to begin looking at it as we move ahead. Mr. Boudreaux: Okay. Vice Chair Spence -Jones: That was it, but thank you. Mr. Boudreaux: Thank you. Chair Sanchez: Anyone else on the issue? If not, Mr. Director, this is a final closeout of the FY (Fiscal Year) '07, which ends -- ended back -- Mr. Boudreaux: September -- Chair Sanchez: -- in September 30, 207 [sic]. The transfer here, which add up to about 27 million -- 26 million, I've had an opportunity to review this, and it does fall under Chapter 18, which allows you to transfer these funds. Let me just touch on one issue here because I think that we need to be very, very careful how low we go on these reserve. First of all, we're mandated -- which we cannot go lower than 80 percent. Mr. Boudreaux: The City is mandated under the anti -deficiency requirement not to go over 10 percent of its prior three-year general revenues, which is approximately about 70 million right now. Chair Sanchez: Yeah, but see, I don't even want to get close to that because this has a negative impact on everything on the City, including the bond ratings that we have, so we need to be very careful on that. The expenditures that are here, the $26 million, 11.7 million of those are the City of Miami Page 78 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 15.5 million fire fee settlement that we earmarked -- Commissioner Sarnoff. From the reserve. Chair Sanchez: -- from the reserve for distribution that'll be going out. Mr. Boudreaux: That is the -- Chair Sanchez: Okay. Mr. Boudreaux: -- large impact, yes, sir. Chair Sanchez: And that's fine. I mean, that's -- the whole purpose here is -- see, the City Manager does not have the sole power to transfer funds as he pleases. Mr. Boudreaux: No, he doesn't. Chair Sanchez: He has to go to this Commission, this legislative body, and we're protected under the anti -deficiency act, which requires him to -- Mr. Boudreaux: Requires, if we do go under that level, to have a corrective action plan in place to get us back to that level. Chair Sanchez: All right. But let's just go through the money here. The 7.1, which adds up to 26, the 11 and the 7.1, those are based on the contract negotiations with the Fire Department. Mr. Boudreaux: That's correct. Chair Sanchez: So that we have to pay. Two million of those additional dollars from Solid Waste, which we purchased some trucks, correct? Mr. Boudreaux: That's correct. Chair Sanchez: All right. That's services. Five point seven million to the FOP Health Trust, which we have to pick up any time that they go -- is it below the two million we have to pick up? Mr. Boudreaux: Two million three fifty; any time they go below that. Chair Sanchez: All right. So, basically, you know, if you -- when you look at these expenditures, it's the cost of doing business. Mr. Boudreaux: This is -- Chair Sanchez: It's the cost of government. Mr. Boudreaux: -- and a lot of this is one-time cost. Chair Sanchez: Right. If this were not these items, I guarantee you, none of us up here would be supporting it. But based on the amount of money that we have to pay out, it's something that the Commission has already agreed to pay. Mr. Boudreaux: Yes, sir. Chair Sanchez: All right. Okay. Commissioner, you're recognized for the record. City of Miami Page 79 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Regalado: Just to be fair to the Administration and to the Budget Department, it looks big, the deficit, but we have to recognize that most of it is the fire fee settlement, which is a one-time payment, and it was a mistake, so it should not happen ever, so I'll say we're not doing bad in terms of keeping the budget on time. The -- it is important to understand that the fire fee settlement is something that was been expected for many years, and as a matter of fact, we took that money from the people, so we're giving back the money from [sic] the people. I just wanted to say that for the benefit of the people watching. Thank you. Chair Sanchez: All right. No further discussion on the item. It's a resolution. Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion -- Commissioner Sarnoff. Second. Chair Sanchez: -- by Commissioner Gonzalez, second by Commissioner Sarnoff. Any further discussion on the item? Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." RE.4 08-00431 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), APPROVING A DISMISSAL OF THE PROCEEDINGS PENDING BEFORE THE CITY OF MIAMI CODE ENFORCEMENT BOARD (HALCO HOLDINGS, LLC, CEB CASE NO. 2007-000254); APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND CBS OUTDOOR, INC., A DELAWARE CORPORATION, (SUCCESSOR -BY -MERGER TO NATIONAL ADVERTISING COMPANY, A DELAWARE CORPORATION, D/B/A VIACOM, INFINITY, NATIONAL AND CBS AND INFINITY OUTDOOR OF FLORIDA, INC., A FLORIDA CORPORATION, D/B/A VIACOM, INFINITY AND CBS) ("CBS") ARISING FROM THE HALCO HOLDINGS, LLC PROCEEDINGS REGARDING OUTDOOR ADVERTISING STRUCTURES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, INCLUDING DOCUMENTS RELATED TO LICENSE AGREEMENTS AND DETERMINATION OF SIGN LOCATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. City of Miami Page 80 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 08-00431 Legislation.pdf 08-00431 Exhibit 1.pdf 08-00431 Exhibit 2.pdf 08-00431 Exhibit 3.pdf 08-00431 Exhibit 4.pdf 08-00431 Exhibit 5.pdf 08-00431 Exhibit 6.pdf 08-00431 Exhibit 7.pdf 08-00431 Exhibit 8.pdf 08-00431 Exhibit 9.pdf 08-00431 Exhibit 10.pdf 08-00431 Exhibit 11.pdf 08-00431 Cover Memo.pdf 08-00431-Submittal-Bill boards-Sarnoff. 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-08-0258 Chair Sanchez: Okay. RE.4, settlement of CBS Outdoor, Inc. Legal. Julie O. Bru (City Attorney): Mr. Chairman, this resolution that's before you seeks authorization to settle a Code enforcement case against Halco Holdings. Halco Holdings is the property owner with an easement to CBS Outdoor, Inc., and CBS is a successor to National Advertising. This settlement would resolve Code enforcement proceedings, as well as enable the parties to come to an agreement as to the permitting of signs throughout the City. There's very many details about this settlement that are technical. We have Orlando and Pieter here from the Administration that can get into the technical issues of the settlement. I also have Veronica Xiques from my office who can explain any other terms of the settlement. Chair Sanchez: All right. Before we do that, all the Commissioners have been fully briefed on this? I know I have. Commissioner Gonzalez: I have. Chair Sanchez: All right. Commissioner Sarnoff, Commissioner Regalado, on this item on the settlement of the CBS Outdoor, Inc., have you been briefed by the Administration? Commissioner Regalado: Yes, we have. Chair Sanchez: Okay. Are they --? Commissioner Regalado: I have some question and comment, but we have. Chair Sanchez: Okay. Could we get a motion and a second -- Commissioner Sarnoff. So move. Chair Sanchez: -- for the purpose of discussion? Vice Chair Spence -Jones: Second. Commissioner Gonzalez: I'll second. City of Miami Page 81 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Vice Chair Spence -Jones on the item. It is open for discussion. Any questions or discussion any of the Commissioners may have? The attorney is here to answer and so is our attorney. Commissioner Gonzalez: Yeah. I do have a question. Chair Sanchez: All right. Commissioner Regalado, and then Commissioner Gonzalez. Commissioner Regalado: Well, it's a comment. I just like to, number one, commend the Administration and Orlando and the attorneys because they have reached an agreement, and within that agreement, we got creative and that should be a message that should be sent to future agreements because it supported in a specific area of the City that is very sensitive for the people ofMiami, and it shows that coming -- in the coming years, we are going to have very tough times in the budget, and we need to support things like the safety of the resident, but also recreation. And what you came up -- and you with the -- in terms of park is very creative. It would allow the City to keep those park running even if we get into worse times than we have now, which we will. So I just wanted to say that. The other issue is are we sure that the State of Florida would allow this settlement in terms of sites so everyone can start doing their thing; you, your billboards, the City, getting pay? Orlando Toledo: Orlando Toledo, senior director of Building Planning, and Zoning. Yes, Commissioner. As part of the approval that they will getting is a DOT (Department of Transportation) -- FDOT (Florida Department of Transportation) approval. They will first go to the State for their approval, and then after that, they will come to the City. Commissioner Regalado: Okay. Chair Sanchez: All right. Any further questions? Commissioner Sarnoff. I want to make a comment, Mr. Chair. Chair Sanchez: All right. Commissioner Sarnoff, for a comment, and then Commissioner Gonzalez. Commissioner Sarnoff. Orlando, I want to state for the record that, first off District 2 office opposes any billboards on the so-called Denny's site, which is located at 3600 Biscayne Boulevard. Equally, we oppose any billboards east of Biscayne Boulevard, and specifically object to any billboards at 35 -- 345 Northeast 36Street, andl think you refer to that as the Richard site. Mr. Toledo: Yes, Commissioner. Commissioner Sarnoff. And I know I have seen schedule "G, " if it is called -- Mr. Toledo: Yes. Commissioner Sarnoff. -- that, and the Richard site is -- should be redacted from that schedule. Mr. Toledo: And had mentioned to you yesterday as the briefing -- yes. That site is no longer as part of the deal, and CBS will go ahead and mention that too. Commissioner Sarnoff. Is that agreed? Santiago Echemendia: Santiago Echemendia, 1441 Brickell Avenue, on behalf of CBS. We City ofMiami Page 82 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 voluntarily proffer to remove that from the exhibit. Yes, sir. Commissioner Sarnoff. Okay. Chair Sanchez: All right. Commissioner Gonzalez. Commissioner Gonzalez: My question is -- we have done three settlements with three companies, right? Mr. Toledo: Yes. Commissioner Gonzalez: All right. I would like to know how much have we incurred in expenses on these settlements and how much have we recouped from these company. Ms. Bru: Are you referring, Commissioner, to attorney's fees for legal representation? Commissioner Gonzalez: Attorney's fees. Ms. Bru: Okay. Well -- Commissioner Gonzalez: Because I understand that we're getting $2.6 million on this settlement. Ms. Bru: We're getting -- in this settlement, there's an amount of $2, 250, 000 to be deposited in escrow, and it's been referred to as the sign surcharge, but that is intended to defray some of the legal expenses that the City has incurred. Commissioner Gonzalez: So how much did we spend on legal, 2.5? Ms. Bru: This particular case has a very long history. When it was formally owned by National, the -- not just the Code enforcement case, but the actual challenge that National brought to the constitutionality of our sign ordinance was litigated in federal court, including several appeals to the Eleventh Circuit. We have records that indicate, through the use of outside counsel, we incurred fees in excess of $1.8 million -- approximately $1.8 million. So, in fact, we are recouping more than what we have spent in legal fees. Commissioner Gonzalez: Yeah, but how much more, 750,000? Ms. Bru: Well -- Mr. Echemendia: Can I add to that, Commissioner? Commissioner Gonzalez: Huh? Mr. Echemendia: Couldl speak to that, ifI may? In total, it's 6.7 million over 20 -- Commissioner Gonzalez: No, no, no, no. The six point million dollars is in 20 years. Mr. Echemendia: Understood. Commissioner Gonzalez: You know, we can't predict what is going to happen 20 years from now. Let's live in the present. Mr. Echemendia: The annual. I'll speak to the annual, which I don't -- City of Miami Page 83 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Gonzalez: You know, you can promise us that we're going to get $200 million in the year 2090, and you know -- I'm talking about present time. How much have we spent and how much have we recouped? Because we have had three settlements, andl don't know what the net proceeds on the first settlement was. I don't know what the proceed was on the second settlement, and now on the third settlement. You know, and -- Ms. Bru: Commissioner, as to the other settlements, from what I have been briefed on, the settlement with Carter, who was the first one to come to the table and work out the issues with very little work in terms of legal services, did not involve any legal fees. There was no legal fees paid by Carter. The second company with whom we settled -- Commissioner Gonzalez: So what did we gain on the settlement? Ms. Bru: Well, the issues were resolved in terms of the -- validating the legality of the permits. Remember, all this came about as a result of Code enforcement fining these companies for not having valid sign permits, and -- Commissioner Gonzalez: So what we obtained was to make them come into compliance? Ms. Bru: And also, the location of the signs. I mean, there was a give-and-take as to where the signs are going to be located and being able to also -- dealing with technical issues about the conditions of the signs. Mr. Toledo: There was also a number of them that were taken down with Carter. There were 14 -- seven signs or structures that were actually removed as part of that agreement. Ms. Bru: Right. So, Carter didn't involve any reimbursement of attorney's fees or any appropriations for attorney's fees. Clear Channel, from what I understand, there was a modest sign surcharge. I don't know the amount, but there was a modest sign -- Mr. Echemendia: Eight hundred thousand. Ms. Bru: -- charge -- Mr. Echemendia: Eight hundred thousand is the figure. Ms. Bru: Okay -- that was -- Mr. Echemendia: Ours is 2.25. Ms. Bru: -- intended to defray the cost, and then this one is 2, 250, 000. Mr. Echemendia: And ifI may -- through the Chair, ifI may, Mr. Gonzalez -- Commissioner Gonzalez, just to amplifi, a little bit. We have an additional annual fee that don't believe is reflected in your term sheet that is 3.75 million, and know it's over the next 25 years, but for the first ten years, it's 150,000; for the next five, it's 175; and for the following ten, it's 225. What you're going to get in the first year for your budget in October is going to be close to a million dollars. As I understood the 2.2 million, I understood the 2.2 million to be across all three cases, but if you would like, I do have a comparative of the -- what was paid by Carter and Clear Channel, and it's considerably less than what we are paying under this settlement agreement for both the amended permit fees, for the sign surcharge. Carter was 350; Clear Channel was 800; we're 2.25 million. On the annual, Carter was 35,000; Clear Channel was 250; we're 150. And that is the breakdown. Additionally, there is the public service that has a minimum retail value of 50,000. That is that you all can put your signage on the billboards as well. Additionally, there's a neighborhood enhancement account that is 4, 285 for amended permits that could City of Miami Page 84 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 potentially equal about $65, 000 a year, so this is a rich settlement agreement right in time for this budget cycle. Somewhere between 700,000 and a million will be paid to the City before the October approval or commencement of your budget cycle this year. Commissioner Gonzalez: All right. Mr. Echemendia: And it's at a ratio of two to one, Commissioner, again that we're bringing down billboards and putting them up -- Chair Sanchez: Vice Chair. Mr. Echemendia: -- on the interstate. Chair Sanchez: Vice Chair. Vice Chair Spence -Jones: Okay. Actually, I do not have a problem with this agreement. I understand that a part of the settlement agreement with CBS is that it will have a community outreach obligation attached to it, correct, Orlando? I just wanted -- Mr. Toledo: Correct. Vice Chair Spence -Jones: -- which is what you stated, but that's kind of what we went over yesterday regarding -- Mr. Toledo: Yes. Vice Chair Spence -Jones: -- my briefing. I just want to make sure, from my perspective, any of the funds that will actually come from that -- those obligations, that they be directed towards PAL (Police Athletic League). Police -- the Police Athletic League has had serious problems surviving. One particular program I know needs help at -- immediately, Orlando, I want to make sure that we're able to address Liberty Square and its concerns, so if that could be the first one on the list, I would greatly appreciate supporting PAL in that arena. Mr. Echemendia: Just for the record, Commissioner, the settlement agreement provides otherwise that we agree, but for the record, we would agree to that -- your request. Vice Chair Spence -Jones: Okay. Mr. Echemendia: Just to be con -- just for the record relative to the settlement agreement. Vice Chair Spence -Jones: Is that correct, Orlando? Mr. Toledo: Yes. Vice Chair Spence -Jones: Okay. That's it. That was my only -- I support the project. Chair Sanchez: Any further discussion on this item? I think it's a fair settlement with big gains for the City. I had some concerns with the payout, but being the 40 percent upfront, I'm okay with it. I just -- overall, I'm glad that the City has been able to settle this. I thank the Legal Department and the Administration and all the parties involved finally to put closure to this and we could move forward. One of the good things is that for every -- basically two billboard faces come down for every one that's put up, and that's something that we've all been working on to try to beautify our city and try to get them an industry that at time did not comply with our compliances, and now we're finally getting our house in order. So overall, I think it's a good deal for the City. All right. It's a resolution. It does not require any public participation. It is a City of Miami Page 85 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 RE.5 08-00498 Office of the City Attorney administrative matter. There's been a motion and a second. The item has been discussed. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in favor -- anyone in opposition, having the same right, say "nay." Madam Clerk, RE.4, which is a resolution of settlement, has been approved by the Commission, 5/0. Thank you, counsel. Mr. Echemendia: Thank you, Mr. Chair. I also wanted to thank the Manager for all his efforts, Orlando Toledo, Pieter, and the -- Veronica Xiques, at the City Attorney's Office, who were most helpful. Thank you very much. Chair Sanchez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN AND AMONG THE FORMER MEMBER JURISDICTIONS OF THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM AND THE STATE OF FLORIDA, AGENCY FOR WORKFORCE INNOVATION, IN THE AMOUNT OF $114,256.62, TO THE AGENCY FOR WORKFORCE INNOVATION, IN THE SETTLEMENT OF SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM V. THE AGENCY FOR WORKFORCE INNOVATION, CASE NO. 06-4333; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, ACCOUNT NO. 05002.301001.545000.0000.00000; FURTHER AUTHORIZING THE MAYOR OR DESIGNEE AND THE CITY ATTORNEY TO EXECUTE SAID SETTLEMENT AGREEMENT AND ALL NECESSARY DOCUMENTS, TO EFFECTUATE SAID SETTLEMENT AND SEEK INDEMNITY FROM ANY CONTRACTUAL PARTY. 08-00498 Legislation.pdf 08-00498 Exhibit 1.pdf 08-00498 Cover Memo.pdf 08-00498 Memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0259 Chair Sanchez: RE.5 is a resolution. It's also a settlement agreement. If we could have the City Attorney address this. Julie O. Bru (City Attorney): Yes, Mr. Chairman. This is a settlement that we're seeking authorization to enter into, and it's between the City ofMiami and Miami -Dade County, Monroe County, City of Hialeah, and the City ofMiami Beach. These jurisdictions were former members of the South Florida Employment and Training Consortium, and the settlement arises as a result of certain funds that were determined to have been spent unjustified with respect to certain project that this consortium entered into. The consortium was constituted back in 2004, and through some federal funds, they engaged in some workforce initiative programs, including one City ofMiami Page 86 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 that was supposed to provide transportation -- prepaid transportation costs. When a random audit was conducted by the State, it was determined that $651,282 were either undistributed or unjustified with respect to these prepaid transportation cards. Miami -Dade County was able to get that amount reduced substantially to $305, 000, and the amount that's before you as part of the City's contribution to the settlement, $114,256.62 represents the City's proportionate share of liability in this case. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move. Chair Sanchez: There's a motion by Commissioner Gonzalez. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. It is a resolution. Any discussion on the item? Commissioner Sarnoff. Mr. Chair. Chair Sanchez: Yes, sir. You're recognized for the record. Commissioner Sarnoff. I hope the maker of the motion would accept a friendly amendment to direct the City Attorney to seek indemnificationfrom the -- any party under contractual relationship that we can seek indemnity because it appears that we may have a good right to do SO. Commissioner Gonzalez: I do accept the amendment. Chair Sanchez: All right. The maker of the motion accepts the recommendation; so does the second. All right. When it's all said and done, my understanding is that we might just be in the lost of $12, 000? Could you elaborate a little bit on that? David Rosemond (Director, Neighborhood Enhancement Team): That's correct, Mr. Chairman. David Rosemond. There had been monies that had been collected already from the agencies to the tune of $300, 000. The only agencies [sic] that we will not be able to collect money from is Catholic Charities. So once this is settled, those dollars that have already been collected will be redistributed to all of the members of the consortium, and the City net loss will be $12, 000. Chair Sanchez: And, of course, that money's placed in an escrow account somewhere? Mr. Rosemond: Absolutely. Chair Sanchez: All right. Mr. Rosemond: It's already secured. Chair Sanchez: 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." Madam Clerk, RE.5, which is a resolution, has been approved, 4/0; absent, Vice Chair Spence -Jones. RE.6 08-00484 RESOLUTION City of Miami Page 87 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE CENTER FOR NON-PROFIT EFFECTIVENESS, RELATING TO THE MAYORS FAITH -BASED INITIATIVE, AS A CONDITION OF THE MIAMI NETWORK FOR INTEGRATION, COMPASSION AND EMPOWERMENT COMPASSION CAPITAL DEMONSTRATION FUND PROGRAM GRANT AWARD, FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, PURSUANT TO RESOLUTION NO. 07-0641, ADOPTED NOVEMBER 9, 2007, IN THE ANNUAL AMOUNT OF $134,773, FOR A ONE (1) YEAR PERIOD, WITH THE OPTION TO RENEW FOR (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM SPECIAL REVENUE PROJECT 15500.101000.531000.0000.00000. 08-00484-Legislation-SUB. pdf 08-00484-Exhi bit1-SUB. pdf 08-00484-Exhi bit2-SUB. pdf 08-00484 Exhibit 3.pdf 08-00484-Exhibit 4-SUB.pdf 08-00484 Summary Form.pdf 08-00484-Correspondence-Substitution for Item RE.6 E-mail. pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0235 Chair Sanchez: All right. Let's move on to the next item, which is RE.6. RE.6. Priscilla A. Thompson (City Clerk): Chair. Chair Sanchez: Yes? Ms. Thompson: Is it for the Mayor's? Chair Sanchez: Yes, it is. This is the -- Pedro G. Hernandez (City Manager): Yes. Chair Sanchez: -- Miami NICE (Network for Integration, Compassion and Empowerment) Grant, faith -based. Robert Ruano (Director, Grants & Sustainable Initiatives): Yes. Chair Sanchez: We're going to take up all those initiatives. Commissioner Gonzalez: Move RE.6. Chair Sanchez: All right. Commissioner Sarnoff. Second. Chair Sanchez: But hold on, hold on. This has a substitute amendment, right? City of Miami Page 88 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Ruano: Yes -- Chair Sanchez: It does? Mr. Ruano: -- which you -- yes, which everyone has, but -- Chair Sanchez: Which everyone has been -- Mr. Ruano: Yes. Chair Sanchez: -- afforded a copy and -- Mr. Ruano: Yes, sir. Chair Sanchez: -- are okay with it? Mr. Ruano: Yes, sir, within 48 hours, as you -- Chair Sanchez: Within 48 hours. Mr. Ruano: Yes, sir. Chair Sanchez: Okay. All right. There's a motion by Commissioner Gonzalez. I did not hear a second. Commissioner Sarnoff. Second. Chair Sanchez: Second by Commissioner Sarnoff. It is a resolution. Any discussion on the item before we vote on it? It's a grant for half a million dollars. Okay. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." It carries. We'll take up the consent agenda -- I don't -- does anybody have a problem with consent agenda 12? So we'll just take it up with the consent agenda, if you don't mind, that way we keep the meeting going here. All right. That takes care of the green initiatives. [Later..] Vice Chair Spence -Jones: We're moving on to PH (Public Hearing) -- Commissioner Gonzalez: PH.7. Pedro G. Hernandez (City Manager): Madam Chair, if you allow me quickly. You were talking about being able to provide technical support to CBOs (Community -Based Organizations), nonprofits -- Vice Chair Spence -Jones: Yes. Mr. Hernandez: -- and today on the agenda, RE. 6, I believe, the Miami NICE (Network for Integration, Compassion and Empowerment) item -- Vice Chair Spence -Jones: Yes. City of Miami Page 89 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 RE.7 08-00390 Department of Public Works Mr. Hernandez: -- it's, in essence, provided to provide the technical support and capacity building to those organizations. Vice Chair Spence -Jones: Please make sure you sign those organizations up first. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED FEBRUARY 12, 2008, PURSUANT TO INVITATION FOR BIDS NO. 07-08-008, FROM FLORIDA LAWN SERVICES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "CORAL WAY MEDIAN LANDSCAPING PROJECT, M-0005," IN AN ANNUAL AMOUNT NOT TO EXCEED $256,042, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, FOR A ONE-YEAR TERM PERIOD; ALLOCATING SAID FUNDS, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 00001.202000.534000.0.0; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 08-00390 Legislation.pdf 08-00390 Exhibit 1.pdf 08-00390 Exhibit 2.pdf 08-00390 Exhibit 3.pdf 08-00390 Exhibit 4.pdf 08-00390 Exhibit 5.pdf 08-00390 Summary Form.pdf 08-00390 Equipment List.pdf 08-00390 Proposal Bid Form.pdf 08-00390 Scope of Work.pdf 08-00390 Tax Reciept.pdf 08-00390 Tax Reciept 2.pdf Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-08-0260 Chair Sanchez: RE. 6 -- we already took up RE. 6. RE.7. Stephanie Grindell: Stephanie Grindell, director of Public Works. RE.7 is a resolution awarding a one-year maintenance contract to Florida Lawn Services for the Coral Way median landscaping project, and it has 4 one-year options to renew pending funding availability. Chair Sanchez: All right. Need a motion to approve. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Regalado [sic], second by Vice Chair Spence -Jones. The item under discussion. On this item, I have discussion. As I stated before, I have had problems with that, and let me just state for the record that I have a responsibility to City of Miami Page 90 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 speak on this item because this project has at least two blocks into my district. And this project has been -- Commissioner Regalado: Five blocks. Chair Sanchez: Five blocks, from 12 to 27th? Five blocks. Commissioner Regalado: 12 to 17. Chair Sanchez: From 12th Avenue to 17th. Commissioner Regalado: To 17th. Chair Sanchez: Yeah. All right. And basically, I have as much right as anyone to criticize this project. This project has been a disaster. We've spent close to about two point something million dollars on it, but that's not the issue here. I'm not going to address the CIP (Capital Improvements Program) issue 'cause I tend to agree the issues that are in front of us on the item of the day. And here is we're talking about the maintenance of this. I continue to have a problem with us spending $38, 000 in mulch. Ms. Grindell: Correct. Chair Sanchez: All right. And basically, $38, 000 in -- what was it? What was the name, something Gold Mulch? Ms. Grindell: Spanish Gold. Chair Sanchez: Spanish GoldMulch. Ms. Grindell: Correct. We have provisions in the contract where we can make additions or deletions, and our plan is to make that deletion. Chair Sanchez: All right. So we could delete that because the City -- Ms. Grindell: Yes. Chair Sanchez: -- provides free mulch. All right. We're heading into some straight time here, folks. I mean, we're going to have to scratch from the bottom of the barrel here, and if we're able to give to our residents free mulch and they take it and they use it in their house, we could certainly use it in our projects. The other issue that I have on this is the 50 fallen trees and palm trees, and I still haven't found them. I -- Ms. Grindell: Well -- Chair Sanchez: -- haven't seen palm trees out there. Ms. Grindell: This contract is to accommodate the maintenance of the median of Coral Way, but also, on an as -needed basis in the vicinity, to replace trees for other purposes; requests from constituents or from the NET (Neighborhood Enhancement Team) office, et cetera. So those palm trees won't be placed on Coral Way. Chair Sanchez: They will not be placed on -- Where are they going to be placed? Ms. Grindell: They're going to be placed in the vicinity, in the blocks around that area, if they're requested. We don't have -- we -- it's only based on requests, so we don't spend that money City of Miami Page 91 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 unless we get requests to do that sort of work. Chair Sanchez: And have you spent the money in the last couple of contracts? Because this is what, $256, 000 for four years, folks. That's a lot of money. To landscape and maintain a median? Ms. Grindell: Not all of that is guaranteed to be spent. Out of that $256, 000, approximately 100,000 of it is regular routine maintenance between the lights and the landscaping. The rest of it is add-ons that we want to have pricing on and have available to do replacements. Chair Sanchez: Stephanie, it's got nothing to do with your Department, okay? I don't want to get into the CIP projects. I could stand here all day and argue about the -- you know, the lights not being the proper lights, not working, changing the lights and all the modifications that came with it. That's $2 million, but that's behind us. Whatl want to know from the Administration is what are we going to do or what are we going to place a mechanism to make sure that this doesn't happen again, that this shenanigan doesn't happen again? What is the Administration going to do and what are the departments going to do to make sure that doesn't happen again? Pedro G. Hernandez (City Manager): Commissioner, the improvements, whether they were too expensive or maybe not what you expected, are there. My immediate goal is to have the lighting repair so it's operative and you can see the uplighting on those streets. That's issue number one. And then number two is to be able to maintain routinely that median so it looks decent, and that's the goal here is the maintenance and so the lighting serves its purpose. Chair Sanchez: All right. Okay. There's a motion. Commissioner Regalado: Can I --? Chair Sanchez: You're recognized for the record. Commissioner Regalado: Thank you, Mr. Chairman. Yeah. I guess that the priority is to have the lights on. But a question, on that contract, would the fixtures be changed also on the lights because there were some -- there are three that had been vandalized on 24th and 25th; the fixtures itself? Ms. Grindell: Right. The new contract has provisions to replace ten fixtures a year -- up to ten fixtures a year. So far, we haven't really seen that many. We've seen anywhere between one and three. And it also -- I want to point out that we also increased the maintenance cycle. Instead of being once a month, it's now once every two weeks, and that could -- that's another reason why the price was a little bit higher. Commissioner Regalado: Okay. Chair Sanchez: You know what I'd rather do? And I hope I don't offend anybody here. Two hundred and fifty-six thousand dollars a year for the next five years -- you know what I'd rather do instead of giving it to a company to do? I'd go out there and I'd hire retired people that are dying for a job and they're being discriminated 'cause they're too old to work. They can't make ends meet to pay their rent. They have pride and they want to work. I'd go out and hire ten retired individuals who could still work on a part-time basis and allow them to take pride in their community and earn a couple extra bucks. 'Cause once we give this money to any company that's going to go out there, you know what? I don't care. They'll go out there two days a week. Two days a week. If you think they're going to be out there seven days a week, you're out of your mind, okay? And the reason why speak from the heart on this item is because you know what? Andl -- Commissioner, I could assure you the same residents tell you the exact same thing. Every time they ask me how much was that project, I got to tell them, $2 million. They go, well, I City of Miami Page 92 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 could see why you guys are pissing away our tax dollars. All right. It is -- it's a project that could have been done right, and it went horribly wrong. So I'd rather take ten retired individuals that are looking for a way to make a couple extra bucks and give them a job instead of giving it to another company that's going to go out there. So that's why I'm not voting on this. Mr. Hernandez: Commissioner, this is a one-year contract with one-year options. Chair Sanchez: Well, it wasn't that way before. It was more than one year. Ms. Grindell: It's a one-year contract with 4 one-year options to renew. Chair Sanchez: Four one-year options. Mr. Hernandez: Right. Chair Sanchez: That's five -- that could be five years. I could count. One -- ifI do good, I get it the next year, andl could get it the next year, andl could get it the next year, andl could get it the next year. Mr. Hernandez: But what I'm saying is that I think that we're in dire need of having routine maintenance on a periodic period that we go forward with this one-year option and we can, in that year, come up with maybe other alternatives as to how to do this better, but that's what I'm saying, that at least for the first year, I recommend that we go forward and then that we are given the opportunity to evaluate -- Chair Sanchez: Well -- Mr. Hernandez: -- what to do in future years -- Chair Sanchez: All right. Listen -- Mr. Hernandez: -- and then bring it back at the end of the year. Chair Sanchez: -- I'll tell you what I'll -- I'm telling you what I'll -- There's a motion and a second. I'm willing to amend it to one year; to hire a company for one year, but I'd rather you come back to this Commission and say, you know what? We want to provide jobs for the people that live in the City and come up with at least -- whether it's five, ten temporary individuals who want to work, all right, that are out there trying to get a job and they can't get a job 'cause they're 56 -- From 56 on up, it's hard to get a job anywhere here. All right. And whether we like it or not, it doesn't matter the color of your skin or your gender, it's job discrimination. I know plenty of people who want a job. And you know what? They'll swallow their pride, and they'll go out there and they'll sweep, rake, and they'll cut and they'll landscape. They don't mind. At the end of the day, you know what? They want a j-o-b. They want to be able to have a couple extra dollars in their pocket. Commissioner Regalado: I'll accept the amendment for -- of a one-year contract. Andl will gladly support hiring persons that could work. My problem -- and you need to find out maybe with Legal and Police -- is the safety of this person because we're talking cleaning the median. To -- in order to clean the median, you have to close one lane. What you do is you pick two or three trucks and have these barriers. You close one lane 'cause you cannot clean the median with traffic on four lanes in Coral Way. Another thing that we should request, you know, one of the main complaints in Coral Way are the visibility as you get off the avenues to cross Coral Way because there are some trees that have not been rightly pruned in the corners. Now the State of Florida uses prisoners for the maintenance of 27th Avenue. Every week -- I got down the other day, spoke to the supervisor. These are prisoners from our local jail here that are doing City of Miami Page 93 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 community work to gain time, and they clean the median and the sidewalks in 27th Avenue, which is a state road. So, the State of Florida has not done any work in Coral Way since about three or four years. Why? I don't know. They used to bring prisoners to trim the trees and clean the leaves and all that. So this is something that you guys need to speak to FDOT (Florida Department of Transportation) because if they do it for 27th, why not for Coral Way, which is a state road, and it's a designated historic road by the State Legislature of the state of Florida? So, my concern, my only concern -- and would love to have people hired -- is the safety of the people that could be hired because that company has insurance, so we're not liable for these people if they get into accidents 'cause the other day there was an accident there and someone was struck by a car who was cleaning there. I was there. Ms. Grindell: Well, Commissioner, approximately a third of our operations staff right now are temporary employees, and it doesn't mean that they wouldn't have to qualify. Anybody who'd be hired would have to go through to be (UNINTET,TIGIBT,F) as a general laborer, and we would train these people before we would send them out there. We would never send them out there untrained. Commissioner Regalado: I am all in favor to hire people and use that money. My only concern was their safety, in terms of - Ms. Grindell: Correct. Commissioner Regalado: -- being in the middle of Coral Way, which is -- people, when there is no traffic, zoom at 40 and 50 miles per hour, so -- but I would ask you to try to get, at least for the curbs, the prisoners from the state system because they do it in 27th. Ms. Grindell: I will. I'll reach out to FDOT. Commissioner Regalado: Thank you. Chair Sanchez: All right. As amended, a resolution for a one-year contract. Mr. Hernandez: Mr. Chairman. Chair Sanchez: No. I'm not giving you two; one. Take it or leave it. Mr. Hernandez: No, no, no, no, no, no. What I was going to suggest, if you allow me, is that why box yourself in? Do the one-year contract. Retain the options at your discretion in the event that if a year goes by and you want to extend it, you can do it, but only at your discretion. Chair Sanchez: I don't want to extend it. I want to make sure we get maybe seven to ten people who need a job in the City, who live in the City. All right. Let's get people who live in the City an opportunity. Mr. Hernandez: It was just a suggestion to leave all your options open. Chair Sanchez: All right. One year. All right. Resolution, as amended. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." One year, for the record, and I'll follow that. Ms. Grindell: Thank you. RE.8 08-00410a RESOLUTION City of Miami Page 94 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION RENAMING THE Parks and LITTLE HAITI PARK COMMUNITY CENTER AS THE "ARTHUR E. TEELE, JR. Recreation COMMUNITY CENTER," IN HONOR OF THE LATE COMMISSIONER ARTHUR E. TEELE, JR.; DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTION NECESSARY TO EFFECTUATE THE RENAMING OF THIS FUTURE LITTLE HAITI PARK FACILITY. 08-00410A Legislation.pdf 08-00410A Summary Form.pdf 08-00410A Master Report.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 R-08-0261 Chair Sanchez: Okay. Commissioner Gonzalez: Move RE.8. Chair Sanchez: Wait, wait, wait, wait, wait, wait, wait, wait. Let's try to get back in order here. Yeah, RE.8. Once again, ladies and gentlemen, these are administrative matters that do not require a public hearing. Okay. So there's a motion by Commissioner Gonzalez, second by Vice Chair Spence -Jones. Vice Chair Spence -Jones: Second. Chair Sanchez: And that is on RE.8. Parks Director, you're recognized for the record. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. This is a resolution authorizing the renaming of Little Haiti Park Community Center to the Arthur E. Teele, Jr. Community Center. Chair Sanchez: All right. Resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: First of all, I want to thank all of the district Commissioners for joining us this past weekend for the grand opening of the park. It was truly, truly a wonderful celebration, and I'm glad that you guys were a part of that. Andl also want to especially thank the Parks Department, Ernest Burkeen and his wonderful staff, for doing an outstanding job and making sure that the event was well attended and well enjoyed by many of the residents. Andl also want -- I don't know where Ola went, but to thank him also for all of the wonderful work that Pirtle, RDC, and Zyscovich -- I saw them earlier -- what they've done, so I really want to thank you personally on the record. Chair Sanchez: Bernard. Vice Chair Spence -Jones: Oh, and Mr. Manager, too. I'm sorry. And Mr. Manager, and you too. City of Miami Page 95 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Hernandez: (UNINTELLIGIBLE) the Chair said -- Chair Sanchez: It's an inside joke. Mr. Hernandez: -- and Bernard -- Chair Sanchez: Let it go. Mr. Hernandez: -- because that day, I had to, in essence -- Vice Chair Spence -Jones: Oh, okay. Mr. Hernandez: -- accept the recommendation on his behalf. Vice Chair Spence -Jones: Okay. Mr. Hernandez: So there -- Chair Spence -Jones: All right. Thank you, Ernest. Job well done. Mr. Burkeen: I will pass that on to staff. Thank you. Vice Chair Spence -Jones: Andl want to also be very clear because there's a miscommunication around the park, the whole entire park being named after Commissioner Art Teele. It's not the entire park. It is a community center that is not there as of yet in the soccer park area that will be named that, and that's it. Chair Sanchez: All right. All in -- well, we already voted on the issue. Vice Chair Spence -Jones: Yeah. We already did that. RE.9 08-00410b RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION NAMING THE NEW Parks and LITTLE HAITI PARK SOCCER STADIUM AS THE "EMMANUEL "MANNO" Recreation SANON SOCCER STADIUM," IN HONOR OF THE FAMOUS HAITIAN SOCCER PLAYER; DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTION NECESSARY TO EFFECTUATE THE NAMING OF THIS LITTLE HAITI PARK FACILITY. 08-00410B Legislation.pdf 08-00410B Summary Form.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, 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-08-0262 Chair Sanchez: Okay. Let's go to the RE.9, which also -- it's naming the Little Haiti Soccer Park -- Vice Chair Spence -Jones: So moved. City of Miami Page 96 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 RE.10 08-00510 City Manager's Office Chair Sanchez: -- Emmanuel 'Mann"Sanon, one ofHaiti's greatest soccer players. Vice Chair Spence -Jones: Wow. You were -- Commissioner Gonzalez: Second. Vice Chair Spence -Jones: -- great with that. Chair Sanchez: Huh? Vice Chair Spence -Jones: You were good -- you said that pretty good. Chair Sanchez: I did? I did (UNINTELLIGIBLE)? Ernest Burkeen (Director, Parks & Recreation): I'm glad don't have to say it. Chair Sanchez: Yeah, not bad. Even Tina and Julie were there. All right. There's a motion. Need a motion and a second. Commissioner Regalado: Second. Commissioner Gonzalez: Andl second it. Chair Sanchez: Okay. The motion is made by the Vice Chair, second by Gonzalez. 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), EXPRESSING ITS SUPPORT OF SPECIFIC BOUNDARY MODIFICATIONS TO THE MIAMI-DADE COUNTY ENTERPRISE ZONE AS ALLOWED UNDER THE FLORIDA ENTERPRISE ZONE ACT; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS AS STATED HEREIN AND TO POST A COPY OF THIS RESOLUTION TO THE CITY OF MIAMI'S WEB PAGE. 08-00510 Legislation. pdf 08-00510 Exhibit 1.pdf 08-00510 Exhibit 2.pdf 08-00510 Summary Form.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, 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-08-0263 Chair Sanchez: And we go to RE.10. RE.10. Marcus James: Good afternoon, Commissioners. Name's Marcus James. I'm with the City Manager's Office of Economic Initiatives, and this is a resolution supporting an enterprise zone City of Miami Page 97 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 modification. Every three years, the Florida State Statute authorizes an enterprise zone modification. It's based on the Florida Enterprise Zone Act of 2005, and the Office of Community and Economic Development released a request for application on or about 15 February, and we received four proposals. I wanted to make sure all the Commissioners got their item. We received four proposals by the 29 February deadline, which is outlined in the item I just gave you there. The request for application outlined two scenarios that these developers or applicants could actually participate in. The first way that they could participate is the applicant must set aside at least five percent of their total units with no less than five units for affordable housing, or they could participate by making an investment into the Miami -Dade County Affordable Housing Trust Fund, with a minimum contribution of ten percent of the savings resulting -from the enterprise zone incentive they're going to receive from the State. And it's important to note that neither one of these proposals or applicants are eligible for any County or City incentives when it comes to the enterprise zone, only the State. Now because these proposed modifications would affect the City, the County needs a resolution from the City requires -- requiring the proposed modification be approved in support of this change. The resolution will be included in the County's overall application to the State of Florida. Chair Sanchez: All right. Is there a motion? Vice Chair Spence -Jones: So move. Chair Sanchez: There's a motion. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: There's a motion and a second. It is a resolution. Discussion on the item. Any discussion on the item? Commissioner Regalado, you're recognized. Commissioner Regalado: Okay. On one of the application, 2900 Southwest 28th Lane, that would be the Metrorail? Mr. James: 2900. It's near the Metrorail. Yes, sir. Commissioner Regalado: I'm sorry? Mr. James: It's near the Metrorail. Yes, sir. Commissioner Regalado: That would be the warehouses, the public storage and all -- which is facing US 1? Mr. James: I believe so. Yes, sir. Commissioner Regalado: Okay. Mr. James: And what I did -- I wanted to make sure -- if the proposal came out a certain district, we took the parkland from that same district to do the swap. So, the only two districts that are affected by these proposals is District 2 and 3. Commissioner Regalado: District 2 and District 3, right. Mr. James: Exactly. Commissioner Regalado: But the problem is that most of the residents of that area share our district. Golden Pines, District 2 and District 4 is right there, three blocks from there -- District 4 is three blocks from there, and their concern is the Metrorail development. And l just want to City of Miami Page 98 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 understand what does it mean for Golden Pines. Mr. James: I'm not sure there is going to be an impact with that situation; at least, I'm not aware of that. I'm not aware of any impact on that area, sir. Commissioner Regalado: So what does the enterprise zone will do for that area? Mr. James: Well, ifI can show you. This is what the enterprise zone looks like right now, and that's what the changes will look like. The red areas will be the subtracted areas, which will be the parks, and the blue areas there, which is very small, you can barely see it, these are the areas that we're adding. Commissioner Regalado: Well, it will be the Fight Club building. Mr. James: Sir? Commissioner Regalado: It would be the Fight Club building, which is right next to the Metrorail station facing -- yeah -- Mr. James: Yes. Commissioner Regalado: -- US 1. Mr. James: Yes. Commissioner Regalado: I mean, facing 28th Terrace, but with the back part to US 1. Mr. James: Yes, sir. And l just want to emphasize that these are all project specific, and we got an opportunity to make a positive effect on affordable housing without it costing the City any revenues at all. Commissioner Regalado: Okay. Chair Sanchez: Let me just add to that. The County is allowed to shift their entertainment -- enterprise zone every three years. Mr. James: Yes, sir. Chair Sanchez: Okay. Now I'm very informed with that because when that started, I was just appointed to the City Commission; I attended some of the meetings, and what you're doing here is you're taking land -- Mr. James: Right, yes. Chair Sanchez: -- that was public land, not to mention some cemetery land, which nothing's going to happen there -- Mr. James: Yes, sir. Chair Sanchez: -- and basically, you're taking that -- those boundaries of those lands and you're shifting it to an area that could use this assistance from the State. The State could generate -- how much is it we're talking -- close to $14 million coming from the State? Mr. James: I'm not sure exactly what the dollar amount is, butt know it's quite significant City of Miami Page 99 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: My understanding is anywhere from 10 to $14 million coming from the State. Mr. James: Yes, sir. Chair Sanchez: Okay. So, ten percent goes towards affordable housing. Mr. James: At least. Chair Sanchez: At least ten percent. Mr. James: Of the savings from that, yes, sir. Chair Sanchez: And it's not a cost to the City -- Mr. James: No cost to the City. Chair Sanchez: -- and it's no cost to the County. Mr. James: No, sir. Chair Sanchez: So why would we even not support this? Mr. James: That was my question earlier, but I didn't want to say anything, but -- I'm just kidding. Chair Sanchez: I mean, we complain here all the time we don't get anythingfrom the State and the State continues to cut our budget, and here we are going to benefit from something given to the State, so it's -- Mr. James: I think the County did a wonderful -- Chair Sanchez: I think it's a win -win situation for everybody. Mr. James: Absolutely. Yes. Chair Sanchez: All right. Any further discussion on the item? No further -- there's a motion and a second, correct, Madam Clerk? All right. It's a resolution. I think it's a good thing for the City. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Thank you. Mr. James: Thank you. RE.11 08-00497 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Improvements AGREEMENT FOR WATER AND SANITARY SEWAGE FACILITIES WITH Program MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, IN SUBSTANTIALLY THE ATTACHED FORM ("AGREEMENT'), FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES FOR THE CITY OF MIAMI COLLEGE OF POLICING AND MIAMI-DADE COUNTY PUBLIC SCHOOLS SCHOOL OF LAW STUDIES, HOMELAND SECURITY AND City of Miami Page 100 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 FORENSIC SCIENCES, PROJECT B-72910; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS OR MODIFICATIONS TO THE AGREEMENT WHICH WOULD NOT RESULT IN ANY ADDITIONAL OR INCREASED COSTS TO THE CITY. 08-00497 Legislation.pdf 08-00497 Exhibit 1.pdf 08-00497-Exhibit 2-SUB.pdf 08-00497 Exhibit 3.pdf 08-00497 Exhibit 4.pdf 08-00497 Summary Form.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-08-0264 Chair Sanchez: RE.11, correct? Ola Aluko (Director, Capitallmprovements Program): That's correct, sir. Chair Sanchez: All right. College of Policing. Mr. Aluko: Ola Aluko, director, Capitallmprovements Department, City ofMiami. This resolution before you authorizes the City Manager to execute an agreement with the Miami -Dade County Water and Sewer Department for the College of Policing and Miami -Dade County Public School of Law Studies, Homeland Security, and Forensic Sciences, otherwise known as the College of Policing project. Chair Sanchez: All right. Mr. Aluko: This is a standard agreement between the County and the City. Chair Sanchez: All right. End up costing us $89, 000, correct? Mr. Aluko: Fiscal impact, 89,000. Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff. So moved. Vice Chair Spence -Jones: So moved. Commissioner Sarnoff. Second. Chair Sanchez: There's a motion by Vice Chair Spence -Jones, second by Commissioner Sarnoff. This is the College of Policing, right next door to the Police Department. Any discussion on the item? Hearing no dis -- Madam Clerk? Priscilla A. Thompson (City Clerk): I have a substitute piece of information. Mr. Aluko: Madam Clerk, not a substitute. City ofMiami Page 101 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Thompson: Okay. Mr. Aluko: This is an attachment to the agreement, which was not ready at the time of printing and that was distributed to the Clerk's Office and Commissioners' staff prior to the Commission meeting. Chair Sanchez: We're okay with it. Ms. Thompson: Yes. Mr. Aluko: Yes. Ms. Thompson: We'll show that as a modification because we're adding it to the packet. Chair Sanchez: All right. I'll tell you what. As modified Mr. Aluko: As modified Chair Sanchez: You're happy with that? Ms. Thompson: Yes. Chair Sanchez: Okay. Ms. Thompson: Thank you. Chair Sanchez: I always try to keep her happy. All right. As modified, there's a motion and a second. Both the maker of the motion and the second accept the modification. 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. RE.12 08-00319 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY DONALD R. SPADARO, AS LIMITED GUARDIAN FOR JERRY FRANK TOWNSEND, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $2,200,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS CURRENT OR FORMER DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, IN THE CASE OF JERRY FRANK TOWNSEND v. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, CASE NO.: 03-21072-CIV-JORDAN, UPON THE EXECUTION BY DONALD R. SPADARO, AS LIMITED GUARDIAN FOR JERRY FRANK TOWNSEND, OF A GENERAL RELEASE OF THE CITY OF MIAMI, ITS CURRENT OR FORMER DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI, AND ALL OTHER DEFENDANTS, WITH PREJUDICE; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. City of Miami Page 102 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 08-00319 Legislation.pdf 08-00319 Cover Memo.pdf 08-00319 Memo.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 R-08-0265 Chair Sanchez: RE.12 was continued, correct? Priscilla A. Thompson (City Clerk): I have nothing on the record. Chair Sanchez: Okay. No, no, no, no. It has not been continued. Julie O. Bru (City Attorney): No. Chair Sanchez: Okay. This one is a settlement. Counsel, are you ready? Ms. Bru: We're ready, Mr. Chairman. This is a resolution that seeks authorization to settle a federal claim that we have pending before Judge Jordan. It is a lawsuit against the City and several individual police officers, and as well as former City Managers and the Chief of Police, I believe -- no, City Managers. I have here today Warren Bittner from my office and Tom Scott, who is outside counsel representing the former police officers, and they're ready to answer any questions that you may have. The amount that's being recommended for settlement is two point - - $2, 200, 000. Chair Sanchez: All right, folks. This is a settlement for $2.2 million. We're going to need a motion and a second for the purpose of discussing the item, and believe me, once we discuss it -- All right. Is there a motion? Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a motion by Vice Chair Spence -Jones. Commissioner Regalado: I'll second for discussion. Chair Sanchez: Second by Commissioner Regalado for the purpose of discussion. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Okay. This is a case that now we're seeing many of them. It's important that the City Attorney explains what this case is about. It's a wrongful imprisonment. It's a person that, dating back many years, was arrested by the City ofMiami Police Department, but also by Broward County deputies and spent how many -- seven --? Warren Bittner (Deputy City Attorney): Twenty-two. Warren Bittner, deputy City Attorney. Commissioner Regalado: -- 22 years in prison. We just saw the Legislature approve several million dollar for several of these cases. So the first question is, we weren't the primary force that arrested that person because the murders took place in Broward, right? Mr. Bittner: We were the initial arresting agency. We arrested him on September 5, 1979 for an alleged rape. We questioned him for five days without, of course, counsel. He confessed to several murders, some of which he alleged had happened in Broward County. We took him on a field trip to Broward County with BSO (Broward Sheriffs Office) officers. He confessed to other City ofMiami Page 103 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 crimes there, and he was then prosecuted in Broward. He was convicted of some crimes, acquitted of others. He pled guilty to others, then faced prosecution in Dade; pled guilty and was sentenced. Commissioner Regalado: But this is a civil rights violation, not a wrongful imprisonment? Mr. Bittner: Well, that's the same thing, Your Honor [sic] -- Commissioner Regalado: But I mean, this is why it's in federal court. Mr. Bittner: It's in federal court because he's suing under a federal statute, and that gives the federal court jurisdiction over the case. Commissioner Regalado: Has Broward settled yet? Mr. Bittner: No. Broward is not in federal court. They're in state court, and their litigation is pending. Commissioner Regalado: If we were to go to court, we will be separate from the Broward BSO? Mr. Bittner: Yes. The cases are totally separate. Commissioner Regalado: And what is the exposure of the City? Mr. Bittner: In this particular case? Commissioner Regalado: Yes. Mr. Bittner: We estimate that it could be as high as 28 million, if we consider the fact that there is a RICO (Racketeer Influenced and Corrupt Organizations) claim, which trebles the damages. Chair Sanchez: There's our reserve. Mr. Bittner: If you recall when I went through the settlements from around the country and the verdicts from around the country, we saw several at the figure of $9 million. If you trebled -- if they recover and the jury believes that there was a RICO violation, it could be as high as 27 million, excuse me. I misspoke. Commissioner Regalado: And the last question thatl have: Have we spent any money defending Cesar Odio, Donald Warshaw, Howard Gary? Mr. Bittner: We have. We hired outside counsel Tom Scott to represent the former City Managers, and we also hired outside counsel to represent the former retired detectives, and that's Oscar Morrero, standing next to me. Commissioner Regalado: Thank you, Mr. Chairman. Chair Sanchez: All right. Commissioner Sarnoff. Mr. Chair. Chair Sanchez: Questions -- Commissioner Sarnoff, discussion, questions, comments. Commissioner Sarnoff. The case starts out with a Dade County crime, right? City of Miami Page 104 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Bittner: That's correct. Commissioner Sarnoff. He admits his guilt to the Dade County crime? Mr. Bittner: Yes. Commissioner Sarnoff. He then admits to -- he was a rapist, right -- or alleged rapist? Mr. Bittner: Alleged. Commissioner Sarnoff. Any of the convictions holding up? Mr. Bittner: No. Commissioner Sarnoff. So he admits to allegedly -- now allegedly -- raping somebody in Dade County. How many people? Mr. Bittner: In Dade County, he was charged with three crimes, a rape and two rape -murders. In Broward, he was charged with seven rape -murders. Commissioner Sarnoff. And in Dade County, his conviction -- he pled guilty, correct? Mr. Bittner: Pled guilty. Commissioner Sarnoff. And the lady that he allegedly raped and murdered is now dead, her -- Well, that's a dumb question. The one that he allegedly raped that did not die is no longer alive, correct? Mr. Bittner: We don't know if she's no longer alive. She has disappeared many, many years ago. Commissioner Sarnoff. Okay. And he then goes to Broward County; admits to doing -- you said seven? Mr. Bittner: No. He was taken to trial, and in the trial, he was convicted of two, acquitted of one, and then in the second prosecution up there, he pled guilty to another one, and two were nol-prossed. Commissioner Sarnoff. So he has two convictions in Broward County? Mr. Bittner: No. He was found guilty -- Commissioner Sarnoff. Right. Mr. Bittner: -- of one, and he pled guilty to another crime. Oh, okay, yes. Commissioner Sarnoff. So two convictions in Broward County -- Mr. Bittner: Yes. Commissioner Sarnoff. -- and two convictions in Dade County? Mr. Bittner: Three. Commissioner Sarnoff. Three convictions in Dade County. All of the convictions have been -- City of Miami Page 105 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Bittner: Set aside. Commissioner Sarnoff. -- set aside, andl take it none of the witnesses are available to testify. Mr. Bittner: No. Commissioner Sarnoff. That's correct, right? Mr. Bittner: None of the -- well, first of all, there are no victims available. The only one that's alive has disappeared years ago. Commissioner Sarnoff. Right. Mr. Bittner: Now witnesses with regard to police witnesses, yes, we have some police witnesses; some have died. This was almost 30 years ago. Commissioner Sarnoff. And the reason he is being -- the reason for setting aside his convictions is as a result of what? Mr. Bittner: Okay. In -- Broward first started the ball rolling setting aside convictions. They, as a result of other investigations, decided to begin testing DNA (Deoxyribonucleic acid) samples that they had in those cases. At the time that he was charged and convicted, DNA evidence did not exist. When it was invented and a legal rights project began to get going, the State was convinced to test DNA in some cases. That resulted in his being absolved of cases that he was presumed to be the murderer of that he had confessed to, and that the only thing that tied him to those murders was his confession. Chair Sanchez: And an IQ of -- Mr. Bittner: And they were set -- accordingly, they were set aside. Commissioner Sarnoff. So he had some -- I take it you had semen samples from his rapes that the DNA came from? Mr. Bittner: In one case, there was a semen sample on the shorts of the victim, and it turned out not to be Mr. Townsend. Commissioner Sarnoff. And on the other Broward convictions, what bodily fluid did they have to test? Mr. Bittner: There was none. The only evidence that they had connecting him to that other crime was his confession, and based upon the fact that he had -- DNA had absolved him in other crimes, they decided this is too tenuous; we are nol-prossing and vacating all of them. That was up in Broward. Commissioner Sarnoff. And how does that then get us to Dade County? Mr. Bittner: Okay. When new -- when that news struck, it then became incumbent upon our state attorney, Katherine Fernandez -Rundle, to decide what to do with her convictions. At the time that Mr. Townsend was sentenced, the judge specifically said in the plea colloquy that, Mr. Townsend, you will -- your sentence is to run concurrent with your sentence in Broward You will serve not one more day of imprisonment than you serve for the Broward crimes. Accordingly, when the Dade -- when the Broward County convictions were overturned, Katherine Fernandez -Rundle had no choice but to set aside the convictions, and she was left with City of Miami Page 106 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 the choice of do I re prosecute Mr. Townsend or do I nol-pros these cases. She elected to nol-pros the cases, and she explained that -- her rationale in a press release, which I shared with you at the last time we met. Commissioner Sarnoff. Okay. Thank you. Chair Sanchez: Vice Chair Spence -Jones. Vice Chair Spence -Jones: Sure. I just want to just have some clarity on a couple of items, Warren. First being -- I just want to be clear -- you said 20 years this person -- Mr. Bittner: Twenty-two. Vice Chair Spence -Jones: -- 22 years this person -- Mr. Bittner: Yes, 22. Vice Chair Spence -Jones: Okay. And you also stated that he was cleared because of the DNA issues -- or the results from -- Mr. Bittner: He was -- Vice Chair Spence -Jones: -- on this particular case. Mr. Bittner: In Broward, the convictions were set aside in part upon DNA and also in part because there was no other evidence connecting him to the crime but his confession. Vice Chair Spence -Jones: Okay. Were there any circumstances around his confessions that you could maybe bring light onto -- or shed light? Because if someone admitted something like this - - I mean, these are all horrendous crimes -- Mr. Bittner: Well, it is -- Vice Chair Spence -Jones: -- what were the circumstances around it, just so that we hear both sides? Mr. Bittner: Sure. The circumstances surrounding his confession was that be -- after he was arrested, he was questioned by our detectives. He was questioned during a five-day period without counsel. Once counsel was appointed for him, we were instructed no longer to question this gentleman. This gentleman was also -- you can tell by listening to the confession tapes -- and we have them, and played them -- portions for you -- that he was mentally impaired. He has an IQ (Intelligence Quotient) that his doctors assigned to him as 50, which is very low. Many of the crimes that he admit to have the same general pattern, so one could say that you're merely confessing to the same thing and just changing a fact here and there, and there were -- indeed, what makes this case particularly damaging is that our police department reinvestigated this case upon Broward County vacating the commissions -- the convictions. That was done by the commander of the homicide unit at that time, and the members of the cold case squad in homicide. They were very critical of our 1979 investigation, and particularly, of the confessions that were taken. They listened to the tapes, just as we did, and just as I played for you at executive session, and so those were -- those are the sources. Vice Chair Spence -Jones: Andl have to say this, Warren. For me, what was most damaging out of all of this was the tapes. I mean, clearly, you could hear the tape stopping and going on them; meaning, in the midst of this confession. So, obviously, there was a -- more going on than was being communicated. So, for me -- I mean, for anybody to spend 22 years of their lives in prison City of Miami Page 107 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 -- and by all means, I'm a woman. I'm the only woman sitting up here, so I don't think any woman should ever be berated or taken advantage of in any kind of way, and I'll be the first one to stand up to support, you know, that person, you know, going to prison, you know, but in this instance, clearly, when we all listened and heard, we know that there was more to that confession than what was being stated, so I just wanted to make sure we hear both sides of the story. I think it's important to understand that. Thank you. Chair Sanchez: Tom, is there anything you want to put on the record, sir? Thomas Scott: Commissioners -- Chair Sanchez: Tom Scott. Mr. Scott: Tom Scott, appearing -- I have a unique perspective on this case, and Commissioner Regalado, let me just say I was hired just recently to represent the former Commissioners, but in the process, Ms. Bru and Warren asked me to review the whole file. I have to say that I had very strong opinions about this case when I reviewed it, andl come here with a perspective -- because at the time this case actually was tried, I was actually a sitting criminal circuit judge back in the '80s. This could have been my case. And as you all know my background -- I'm a federal litigator, former United States Attorney -- when I reviewed the file, I went to Warren -- without incurring very many legal fees, may I add, for the City -- and basically recommended that we try to resolve this case because of the factual issues that we've outlined to you and the legal issues. This case has been highly litigated. I think the City Attorney's Office has done a good job litigating it, but it's pretty clear to me that this is going to end up in front of a jury. We also did a range of possible verdicts that have come out in other cases, which I thought was very compelling in the sense that it showed that there was a definite exposure in this case of multimillion dollars, especially given the fact that any damages to what you -- you take a compensatory damage of what it's worth for a man to be in jail wrong for 22 years, you potentially can treble that; you can have attorney's fees and potentially punitive damages, so it was my very strong recommendation that we try to mediate the matter and resolve it. I believe that the number that we resolved it is within the range that's rational, probable, and it protects the City and the taxpayers, and yet, at the same time, is a just result, so I highly recommend we -- you approve it. Chair Sanchez: Thank you. Ladies and gentlemen, this is something that this Commission -- I think all of us here inherited. We were elected by the people to make tough choices here. This was a case that we went back and forth. I don't think any of us want to be here and have to be in a situation like this, but this is when we depend on legal advice from our City, and of course, from the best, which I consider Judge Tom Scott to be in this field. I, too, had an opportunity to review the file, and stating on the factual issues and the legal issues in itself and the evidence and statements that have been proffered here -- andl think that Commissioner Sarnoff, who asked the questions to the legal with the response that we got -- and you've heard it for yourself. I mean, this is a perfect example of not how to handle a case like this. I don't think today any police officer would be able to question someone for five days without an attorney present. And if you go back, there are no witnesses. Some of the police offices are retired; I think one passed away; one has Alzheimer's disease. I mean, there's nothing for us to build any way to defend this. So based on the recommendation of the City Attorney, I have to agree with the recommendation to settle this for this amount. It hurts, but I just can't fathom taking this to court, and based on what you've heard here today, you be the judge of it. A jury could take this case and come back with anywhere from 12 to $15 million, which will come out of our pockets. Every tax paying resident of the City ofMiami, the money will come out of their pocket, so this is a tough pill to swallow, but based on all the facts and to mention the gentleman had an IQ of 50, there's just -- I don't think we could defend this in court, and I'm certainly, as the Commission and Chair of this Commission, am not going to roll the dice in court. So, I think there's a motion and a second. This is a resolution to settle this lawsuit for $2.2 million. Ladies and gentlemen, City ofMiami Page 108 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 let's have a roll call on this, Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The resolution is approved, 5/0. Chair Sanchez: Thank you. Tom, thank you so much. Mr. Scott: I'd just like to say that appreciate the confidence that this Commission has in me in this and other matters. And you being a former police officer, and you being an attorney, Commissioner Sarnoff, I know this is not easy for you to do, butt really do -- andl apologize for repeating myself -- I do think that this is the right result, and it does protect the City and the taxpayers. Thank you. Chair Sanchez: Thank you. Commissioner Sarnoff. Thanks, Judge. RE.13 08-00383b RESOLUTION City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE MEMORANDUM OF UNDERSTANDING AMENDING ARTICLE 39 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND THE FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20., FOR OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2010, TO INCREASE THE MAXIMUM PARTICIPATION ALLOWABLE IN THE FORWARD DEFERRED RETIREMENT OPTION PROGRAM FROM FORTY-EIGHT (48) MONTHS TO EIGHTY-FOUR (84) MONTHS. 08-00383B Legislation.pdf 08-00383b-Exhibit 1-SUB.pdf 08-00383B Summary Form.pdf THIS RESOLUTION MUST BE HEARD BEFORE THE COMPANION EMERGENCY ORDINANCE. Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0236 Chair Sanchez: All right. As we move on with the agenda, Commissioner Gonzalez, you're recognized for your DROP (Deferred Retirement Option Program) plan proposal. Commissioner Gonzalez: Thank you, Mr. Chairman. I want to thank you for the deference of bringing these items out of order. And the reason is that Mirabile has to attend a doctor appointment in the afternoon. I want to make sure that we had him here in case any of the Commissioner [sic] has any questions for him. The first item thatl would like to move is the -- is RE.13, which is ratifying the MOU (Memorandum of Understanding), amending Article 39 of the FOP (Fraternal Order ofPolice), and that is my motion. City of Miami Page 109 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Okay. There's a motion on RE.13? Commissioner Gonzalez: That's correct. Chair Sanchez: All right. Let me just get to it. Commissioner Gonzalez: That's actually the item that -- that's the amendment that extend the DROP from -- Chair Sanchez: All right. Commissioner Gonzalez: -- the prior four years to seven years. It's a memorandum of understanding between the FOP and the City Administration. Chair Sanchez: All this does is the DROP goes from four years to seven years. Commissioner Gonzalez: Correct. Chair Sanchez: But before we -- Vice Chair Spence -Jones: Sec -- Chair Sanchez: Hold on. Vice Chair Spence -Jones: Okay. Chair Sanchez: -- get a motion and a second, why don't you put the presentation into the record. Hector Mirabile: Thank you, Mr. Chair. Dr. Hector Mirabile, director of Employee Relations. This is a resolution of the Miami City Commission, with attachments, raging the memorandum of understanding, amending Article 39 of the collective bargaining agreement between the City ofMiami, Florida and the Fraternal Order of Police, Walter E. Headley, Jr., Miami Lodge number 20, for October 1, 2007 through September 30, 2010, to increase the maximum participation allowable in the Forward Deferred Retirement Option Program, also known as the DROP, from 48 months to 84 months. Chair Sanchez: All right. I think the question here is what is the fiscal impact to the City by us doing that? I know all the positive things. But as always, I think we have a fiduciary responsibility to the City ofMiami and the taxpayers as to inquire how much would this be additional cost to the City. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, I would say that from the pension standpoint, it's a wash. There's no significant impact on the pension side. And from the perspective of keeping the officers longer, the additional cost is minimal when you consider the fact that there are other savings that we accumulate. Also, you have to keep in mind that you're keeping officers with the force that have much more experience and it allows us time to be able to bring in the additional recruiting classes that we need to acclimate to our environment. Chair Sanchez: All right. For the record, Madam Clerk, there's been a motion by Commissioner Gonzalez, second by Vice Chair Spence -Jones. The item is under discussion. It is a resolution. Discussion on the item. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. I just want to commend Commissioner Gonzalez. What the research he did and the motion that he brought has given a sense of security to us, the residents, and we should not rest but try to get more police officer for our street; that is City ofMiami Page 110 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 the priority. But with this, I think that we're sending a message that our first priority is the safety of the residents of the City ofMiami. And with experience and with dedication and passion that all these officer have, I think that we are safer now than before, so publicly, I'd like to commend Commissioner Gonzalez. Chair Sanchez: All right. Commissioner Gonzalez: Thank you. Chair Sanchez: It is an ordinance [sic] . I believe that after we pass this or -- I'm sorry. It's a resolution. But afterwards, we would have to vote on an emergency ordinance that will require two readings; that'll be EM.1, correct? Priscilla A. Thompson (City Clerk): Yes, Chair. Commissioner Gonzalez: Well -- Chair Sanchez: Okay. All right. Let's vote on this issue. Ms. Thompson: I'm sorry. Chair, before you vote, I have in my hands a substitution. I needed to make sure that was placed on the record. Chair Sanchez: What's the substitution? Mr. Mirabile: That was provided to each of the Commissioners. It's a minor substitution in the language of the memorandum of understanding. Chair Sanchez: Prior 48 hours? Mr. Mirabile: We identified -- Chair Sanchez: We're okay with it? All right. Any further discussion on the item? It's a resolution. That -- should we wait for Commissioner Spence -Jones to get back or --? I mean, she made a motion -- she second it. Commissioner Gonzalez: She second the motion. Chair Sanchez: All right. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Resolution is passed. City ofMiami Page 111 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 EMERGENCY ORDINANCE EM.1 08-00383a ORDINANCE Emergency Ordinance City Manager's Office (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST," MORE PARTICULARLY BY AMENDING SECTION 40-203, ENTITLED "BENEFITS," TO AMEND THE MAXIMUM PARTICIPATION ALLOWABLE IN THE FORWARD DEFERRED RETIREMENT OPTION PROGRAM FROM FORTY-EIGHT (48) TO EIGHTY-FOUR (84) MONTHS FOR POLICE OFFICERS; CORRECTING A SCRIVENER'S ERROR TO PROPERLY REPORT THE SERVICE POINTS NEEDED BY FIREFIGHTERS FOR RETIREMENT FROM SEVENTY (70) TO SIXTY-FOUR (64); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00383a-Legislation-SU B. pdf 08-00383A Summary Form.pdf 08-00383A Letter.pdf 08-00383A Memo.pdf THIS ORDINANCE MUST BE HEARD AFTER THE COMPANION RESOLUTION. Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED as an emergency measure, with modifications, waiving the requirement for two seperate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12993 Chair Sanchez: And now we go to EM.1, which is an emergency ordinance, requiring two readings. Commissioner Gonzalez: First of all, I want to thank Commissioner Regalado for his kind words. I believe that what we just doing is just, you know, doing our responsibility, which is to make sure that we have proper safety for our residents. In order to -- you may ask yourself why am I bringing this as an emergency item, and the reason is very simple. I know there are some officers that are up to -- for retirement. I believe next month we will be losing some more officers if we don't extend the DROP (Deferred Retirement Option Program). And my purpose is to avoid, ifI can, or if we can -- try to avoid to lose any other officers and retain everything that we have in our police department. So that is the reason why I'm bringing this item as an emergency item to make sure that it's done with today. And today, every -- you know, all these officers that are on the retirement plan or on the DROP have the assurance that they could be here another two or three years, and that is the reason why I'm bringing this item as an emergency item, and it is EM.4 [sic]. Chair Sanchez: All right. This item requires a four fifth vote and two readings based, on an emergency ordinance. There is a motion already on the floor by Commissioner Gonzalez, and who second it? City of Miami Page 112 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Second. Chair Sanchez: And Vice Chair Spence -Jones second it. It is an ordinance -- it's an emergency ordinance, requiring two readings, so before we open it up for discussion, is there anyone from the public wishing to address this item? The public hearing is opened. Seeing no one, the public hearing is closed, coming back to the Commission. Any further discussion on the item? No discussion on the ordinance. First reading. Read the ordinance into the record, followed by two roll calls. Julie O. Bru (City Attorney): Okay. Mr. Chairman, I think it's appropriate ifI read the title once and then you do two roll calls. Chair Sanchez: Okay. Ms. Bru: Okay. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right. Madam Clerk, we'll have two roll calls on this for the record. We'll go with the first roll call. Priscilla A. Thompson (City Clerk): Before we take the roll call, again, I have a substitution in my hand -- Chair Sanchez: As -- Ms. Thompson: -- on the emergency ordinance. Chair Sanchez: The maker of the motion -- Commissioner Gonzalez: I accept the -- Chair Sanchez: -- could you state -- Commissioner Gonzalez: -- substitution. Chair Sanchez: -- that you accept the substitution or the amendment? Commissioner Gonzalez: Yes, I do. Chair Sanchez: Second does too? Vice Chair Spence -Jones: Second. Chair Sanchez: Okay. Ms. Thompson: Thank you. First roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been passed, as an emergency measure, 5/0. Commissioner Gonzalez: I also want to state that understand, Robert, that they're also working with you to extend -- to give you the possibility of extending your DROP too? City of Miami Page 113 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Robert Suarez: Robert Suarez, Miami Association of Firefighters. Yes, Commissioner. We -- in 2001, the last time that the fire union extended their DROP, we did it in a particular way because of promotional issues and that sort of thing, and we're just looking to follow that same format that we did in the 2001/2004 collective bargaining agreement. It's cost neutral to the City; has no fiscal impact. It's just a matter of promotional registers and keeping track of vacancies and promotions -- Commissioner Gonzalez: Right. Mr. Suarez: -- and that sort of thing. Commissioner Gonzalez: I just wanted to make sure that, you know, they were working with you because that -- Mr. Suarez: Yes. Commissioner Gonzalez: -- was the direction -- Mr. Suarez: Yes. Commissioner Gonzalez: -- of this Commission, as Chairman Sanchez, you know, amended my motion to include the Fire Department andl was a hundred percent -- Mr. Suarez: Yes. Commissioner Gonzalez: -- in agreement with that, so -- Mr. Suarez: Thank you, sir. Yeah. We're working with the City, and hopefully, within the next Commission meeting or two, we should be able to come back. Commissioner Gonzalez: Very good. Great. Mr. Suarez: Thank you. Commissioner Gonzalez: Thank you. Chair Sanchez: And all that amendment did was to allow them -- since we're under the same pension, FIPO (Firefighters Police) -- all that it did is it allowed them to be able to go back to their members and have a meeting. And after reviewing all these things, I know that promotion -wise, it is a problem. You have to sit down with your members, as a good president, and try to work out how you could get those things done, but it just allowed them the opportunity basically because they're under the pension, and didn't want to exclude one from the other. So if it comes back that -- whether you do or you don't, that's a decision that you, through your leadership and your members, are going to have to decide, but I didn't want to exclude you from that process. Mr. Suarez: And we appreciate that. Vice Chair Spence -Jones: Mr. -- Commissioner Gonzalez: Mr. Chairman, before closing, I want to take this opportunity to thank Hector Mirabile, the Manager, the Law Department, the unions, and everyone that got involved in this process. We established 45 days as the deadline to get this done, and they did it, and they should be commended for their work. Thank you very much. City of Miami Page 114 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Vice Chair. Vice Chair Spence -Jones: Yes, Mr. Chairman. I want to commend Commissioner Gonzalez for his work and making sure that, you know, this was addressed -- Commissioner Gonzalez: Thank you. Vice Chair Spence -Jones: -- so I wanted to commend you for that. I just want to make sure -- I know in the last Commission meeting we had, we included Solid Waste. Is Solid Waste also included in this too? Hector Mirabile (Director, Employee Relations): Commissioner, Solid Waste was included in part of the discussion items. A meeting was attempted to be held on May 1, 2008. Unfortunately, the president was unable to attend. We have a secondary meeting scheduled for next coming week, and we will see the viability of including them in the -- in this extension of DROP in the GESE (General Employees Sanitation Employees) plan 'cause they're two separate plans. Vice Chair Spence -Jones: Okay. Is Solid Waste -- I see -- here? Is the president here? Okay. I just want to make sure because this -- with all this building happening in this city, we're going to have a whole bunch of trash. Joe Simmons: For the record, Vice Chair Spence -Jones, Joe Simons, Jr., president of the sanitation workers union. The meeting we did have -- there was a technical issue the reason why we weren't able to attend that meeting, and it's due to the fact that certain technology we don't have on our computer versus the City computer, and so we didn't get the notice, and l just wanted to note that for the record. But we do have a meeting, I believe, on the 12th, in order to discuss that item, and we look forward to concluding that business to resolve this matter as soon as possible. Mr. Mirabile: Commissioner, just to ensure that the record is set straight, a telephone communications was set between the deputy director of Employee Relations, Elsa Jaramillo-Velez, the president of the AFSCME (American Federal, State, County, and Municipal Employees) 871 and his attorney, and the meeting schedule was set at that time. All parties were aware of the date and time, but again, due to technical issues, as discussed by the president, and (UNINTELLIGIBLE). Pedro G. Hernandez (City Manager): In any event, Hector, I think the bottom line here is that we're looking forward to meeting with them -- Chair Sanchez: Yeah. Mr. Hernandez: -- next week. Vice Chair Spence -Jones: So the meeting will take place. I just want -- Commissioner Gonzalez: That's the bottom line. Vice Chair Spence -Jones: -- to make sure. Mr. Simmons: Thankyou very much. Vice Chair Spence -Jones: Thankyou, Mr. Manager. City of Miami Page 115 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: All right, Joe. Thank you. Vice Chair Spence -Jones: Thank you. City of Miami Page 116 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 BOARDS AND COMMITTEES BC.1 08-00326 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: NOMINATED BY: Charles Flowers Vice Chair Michelle Spence -Jones Aurelus Dorvil Commissioner Tomas Regalado Maria Bao Commission -at -Large Viona Brown Commission -at -Large James Dixon Commission -at -Large 08-00326 memo.pdf 08-00326 members.pdf 08-00326-Lette rs. 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-08-0267 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Charles Flowers, Aurelus Dorvil, Maria Bao, Viona Brown, and James Dixon as members of the Equal Opportunity Advisory Board. Chair Sanchez: All right. Ladies and gentlemen, let's try to get -- we could get some of the Board/Committees, and then give a little bit more time, and hopefully, about 4: 45 or close to -- when we're done with the board hearings, we'll pickup the EAR (Evaluation and Appraisal Report). Commissioner Gonzalez: I will -- Chair Sanchez: Okay. Let's go to the board appointments. Commissioner Gonzalez: -- defer all my appointments. Chair Sanchez: Okay. Commissioner Gonzalez, just for the record, has deferred all his appointments. Why don't we start with BC.1. BC.1. Commissioner Sarnoff. I have one; 171 defer. Chair Sanchez: I'm sorry? Commissioner Sarnoff. I have one, Mr. Chair. 171 defer. City of Miami Page 117 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Okay. Commissioner Sarnoff, for the record, defers his appointment -- or reappointment to BC.1. I'm also going to defer mine. Vice -- Vice Chair Spence -Jones: Charles Flowers, please. Priscilla A. Thompson (City Clerk): I'm sorry. I can't hear you. Chair Sanchez: Charles Flower [sic]. Does he need a waiver? He's been there for quite some time, hasn't he? No. I don't think he's in that board. Ms. Thompson: He's already appointed. He -- Vice Chair Spence -Jones: Reappoint him (INAUDIBLE) reappoint him. Ms. Thompson: Okay. Chair Sanchez: All right. Has she proffered a name? Ms. Thompson: Yes. Charles Flowers was proffered by Vice Chair. Commissioner Gonzalez: I'll second the proffer. Chair Sanchez: All right. Does he need any waivers? Ms. Thompson: No, he doesn't. Chair Sanchez: He does not need any waivers. Ms. Thompson: No. Chair Sanchez: Okay. Anyone else want to proffer any names? Commissioner Regalado: Aurelus Dorvil. Chair Sanchez: Okay. Does he need any waivers? Ms. Thompson: No, sir. Chair Sanchez: Okay. Two names have been proffered. There's a motion and a second. Ms. Thompson: Commissioner Regalado still has another one. Commissioner Regalado: Yeah, but I will defer the other one. Ms. Thompson: Thank you. Chair Sanchez: All right. Both names that have been proffered. There's been a motion and a second on both. Ms. Thompson: IfI might, if you want to include, the unions have also proffered names. I'm losing my voice. I'm sorry. The unions have also proffered names. Chair Sanchez: And who are they? Commissioner Regalado: I will proffer the names of Maria Bao, Viona Brown, and James Dixon City of Miami Page 118 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 as the Commission -at -Large, as recommended to the Commission. Ms. Thompson: Thank you. Chair Sanchez: All right. So the motion has been made by Commissioner Regalado, second by Commissioner Sarnoff. With the names that have been proffered, nobody requiring a waiver. Ms. Thompson: That's correct. Chair Sanchez: All right. No further discussion on the item. BC.1, which is the Equal Opportunity Advisory Board. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.2 08-00473 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: NOMINATED BY: Bill Mathisen Commissioner Marc David Sarnoff Hugh Ryan Commission -at -Large (alternate) Eduardo Moralejo Commission -at -Large 08-00473 memo.pdf 08-00473 members.pdf Motion by Commissioner Sarnoff, 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-08-0268 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, to appoint Bill Mathisen as a member of the Code Enforcement Board; further, appointing Hugh Ryan as an alternate member, and Eduardo Moralejo as a regular member, of the Code Enforcement Board. Chair Sanchez: Let's go to BC.2, Code Enforcement Board Commissioner Sarnoff. I have a name. Bill Mathisen. Chair Sanchez: All right. Does he need any waivers, any --? Commissioner Sarnoff. He's new. City of Miami Page 119 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: He's new? Priscilla A. Thompson (City Clerk): He's new. Chair Sanchez: Okay. All right. Any other names proffered? Ms. Thompson: That's the only appoint -- Chair Sanchez: No, no, no, no. Commissioner Regalado: Yeah. Madam -- Chair Sanchez: You got to have nominee -- you just -- Commissioner Regalado: Just -- Chairman, yeah. It's -- the way that you -- what happen is that a regular -- the regular member of this district had an accident, and he's -- he wants to change with another resident who is an alternate. You have the letter, I think, that they both have sent. And this is very simple. The regular member wants to be alternate, and the alternate wants to be the regular member. They just -- they joined together; both are from the Shenandoah area. And because of an accident, as you know, Hugh Ryan is under therapy. Chair Sanchez: Can't that be handled internally? I mean, can't they agree -- Commissioner Regalado: No. She said that we have to do it here. Chair Sanchez: We have to do it here? Commissioner Regalado: Yeah. Chair Sanchez: All right. Ms. Thompson: So now -- Commissioner Regalado: So that would be my motion on the Code Enforcement; Hugh Ryan, alternate, and the alternate will be to the regular position on the Code Enforcement. Ms. Thompson: And who -- which one -- we have two alternates right now, Eduardo -- I'm sorry. I'm losing my voice -- Moralejo and Oscar Rodriguez -Font. Commissioner Regalado: No, Eduardo. Ms. Thompson: Eduardo will be -- Commissioner Regalado: Eddie Moralejo will be -- Ms. Thompson: -- the new -- Commissioner Regalado: -- the new regular member. Ms. Thompson: Thank you. Chair Sanchez: All right. Madam Clerk, did we take care of that? Ms. Thompson: Yes, yes. Thank you. City of Miami Page 120 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: All right. So whatever, let's just -- we need a motion? Ms. Thompson: Yeah. We have the names proffered Commissioner Sarnoff proffered Bill Mathisen -- Chair Sanchez: Right. Ms. Thompson: -- then we're changing Hugh Ryan is now the alternate and Eduardo -- Chair Sanchez: All right. Ms. Thompson: -- will be the regular. Chair Sanchez: Motion is made by Commissioner Regalado, second by Commissioner Sarnoff. 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. BC.3 08-00474 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Marc David Sarnoff 08-00474 memo 6-12-08.pdf 08-00474 members 6-12-08.pdf CONTINUED Chair Sanchez: Let's go to 3. Okay, Coconut Grove Business Improvement -- Commissioner Sarnoff. Defer. Chair Sanchez: -- Committee. Commissioner Sarnoff. Defer. Chair Sanchez: All right. That's being deferred. BC.4 08-00483 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR A TERM AS DESIGNATED HEREIN. City of Miami Page 121 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 APPOINTEE: NOMINATED BY: Katrina Peterson (youth non -voting member to fill an unexpired term ending 2/7/09) 08-00483 memo vl.pdf 08-00483 members vl.pdf Vice Chair Michelle Spence -Jones 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-08-0269 A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, to appoint Katrina Peterson as a youth member of the Liberty City Community Revitalization Trust. Chair Sanchez: Lemon [sic] City Community Redevelopment Trust -- Revitalization Trust. Vice Chair Spence -Jones: Liberty City. Chair Sanchez: I'm sorry. It says -- Vice Chair Spence -Jones: (INAUDIBLE) Lemon City. Chair Sanchez: -- Liberty City. Vice Chair Spence -Jones: Oh, I thought you said Lemon City. Chair Sanchez: I said Liberty City. Vice Chair Spence -Jones: I thought you said Lemon, but anyway, I'd like to appoint Katrina Peterson, my -- Ms. Thompson: Excuse me, Chair [sic]. Is your mike on? Thank you. Chair Sanchez: I turned it off. Vice Chair Spence -Jones: Katrina Peterson, my youth appointment from Miami Northwestern. Ms. Thompson: And our City Manager? Pedro G. Hernandez (City Manager): I'm deferring mine. Thank you, Mr. Chair. Chair Sanchez: All right. Need a motion. Michelle Spence -Jones -- Commissioner Regalado: Second. Chair Sanchez: -- Vice Chair makes the motion, second by Commissioner Regalado. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 122 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Anyone in opposition, having the same right, say "nay." It's approved. BC.5 08-00341 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Charles Flowers Vice Chair Michelle Spence -Jones 08-00341 memo.pdf 08-00341 members.pdf Motion by Vice Chair Spence -Jones, 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-08-0270 A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Charles Flowers as a member of the Waterfront Advisory Board. Chair Sanchez: We move to BC.5. BC.5, Waterfront Advisory Board. Priscilla A. Thompson (City Clerk): Commissioner Gonzalez is deferring his, right? Commissioner Gonzalez: Right. Chair Sanchez: Yes. He's deferred all. Ms. Thompson: We have -- Chair Sanchez: Anyone else? Ms. Thompson: -- appointments to be made by the Vice Chair. Vice Chair Spence -Jones: Charles Flowers. Ms. Thompson: That's it. Chair Sanchez: That's it? Vice Chair Spence -Jones: That's all I'm doing, yeah. Commissioner Sarnoff. Was he on the other board? Commissioner Gonzalez: Second. Vice Chair Spence -Jones: I was told by (UNINTELLIGIBLE) that we had to reappoint them -- Am I having to reappoint Charles Flowers? City of Miami Page 123 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Thompson: No. You have a vacancy. You have an individual, Philip P. Everingham, who's still serving. You can appoint someone else to take his place, or you can reappoint him. He will need a waiver -- Vice Chair Spence -Jones: Okay. Ms. Thompson: -- of four fifths and a term limit, as well. Vice Chair Spence -Jones: Okay. Chair Sanchez: But term limit is five five. Ms. Thompson: Yes. Chair Sanchez: So he's going to need all those waivers? Ms. Thompson: Yes. Chair Sanchez: All right. Let's go. Let's go with all the waivers. Commissioner Gonzalez: All right. Chair Sanchez: Four fifth and a five five. Ms. Thompson: So -- Chair Sanchez: These boards are getting too complicated. Ms. Thompson: -- I just need to be sure that -- Vice Chair Spence -Jones: I would like to appoint Charles Flowers. Ms. Thompson: Thank you. Chair Sanchez: With all the waivers. Ms. Thompson: No. He doesn't need any. Vice Chair Spence -Jones: He doesn't need them. He's not on. Chair Sanchez: I just thought you told me he needed the waivers. Ms. Thompson: Philip Everingham would have needed -- Vice Chair Spence -Jones: Another person. Ms. Thompson: Another person. Vice Chair Spence -Jones: That's why I originally -- Chair Sanchez: And you're not reappointing him? Oh, you're appoint -- re -- Vice Chair Spence -Jones: I just told you who I was appointing, Charles Flowers. City of Miami Page 124 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Okay. Vice Chair Spence -Jones: You guys are talking about somebody else; I was talking about Charles Flowers. Chair Sanchez: Okay. There's a motion and a second for Charles Flowers. All in favor, say "aye. The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Sarnoff -- Ms. Thompson: I'm sorry. I didn't get a -- Chair Sanchez: -- made the second. Ms. Thompson: Thank you. I appreciate it. Chair Sanchez: All right. BC.6 08-00469 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVIL SERVICE BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mariano Cruz Commission -At -Large Miguel de la 0 Commission -At -Large Michael T. Dames Commission -At -Large 08-00469 Members.pdf 08-00469 members.pdf Motion by Commissioner Sarnoff, 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-08-0271 A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Mariano Cruz as a member of the Civil Service Board; further, waiving the term limits of Section 2-885(b) by a unanimous five fifths (5/5ths) vote of the members of the City Commission, as it relates to Mariano Cruz as a member of the Civil Service Board. A motion was made by Chair Sanchez, seconded by Commissioner Gonzalez, and was passed, with Commissioner Sarnoff voting no, to appoint Miguel de la 0 as a member of the Civil Service Board. City of Miami Page 125 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Michael Dames as a member of the Civil Service Board. Chair Sanchez: Okay. BC. 6. Commissioner Gonzalez: I would like to proffer Mariano Cruz. Commissioner Regalado: Second. Commissioner Gonzalez: With all the waivers. Priscilla A. Thompson (City Clerk): Thank you. Commissioner Sarnoff. There's three at-larges, right? Commissioner Gonzalez: Yes. Ms. Thompson: That's correct. Commissioner Sarnoff. Can I put -- can I offer a Mike Dames and a Gerald Silverman? Chair Sanchez: Wait, wait, wait, wait, wait, wait, wait, wait. Commissioner Sarnoff. No? Chair Sanchez: No, no, no, no, no, no. Miguel de la 0 and Nichols are what, incumbents, right? Ms. Thompson: No. They are currently serving. They're your incumbents. Chair Sanchez: Okay. Ms. Thompson: Okay. Chair Sanchez: And where does he get off the three at -large apponintments? Ms. Thompson: Well, actually, there are three at -large. Your incumbents right now are Miguel de la 0, Florene Nichols, and Mariano Cruz. Commissioner Gonzalez has just proffered the name ofMariano Cruz, with all the waivers, because he would have to have a five five. That would leave you two at -large appointments to be made. Commissioner Sarnoff has just proffered the names of Mike Dames and Gerald Silverman. That would be the three openings -- the three positions right there. Commissioner Regalado: Second. Chair Sanchez: Yeah, but wait. Miguel is the chairman. He would stay on? Ms. Thompson: No. Everyone has to be reappoint -- Chair Sanchez: Well, I would reappoint the chair. Why would you want to remove the chair? He's done a good job for all those years. Ms. Thompson: Understand that the Civil Service Board will appoint their chair when they reconvene with the new board. City of Miami Page 126 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Well, I would proffer his name. Ms. Thompson: So now you have four names proffered. Chair Sanchez: Well, and then we're going to have to vote on them separately. Commissioner Regalado: Okay. Then we vote on Mariano Cruz first. Commissioner Gonzalez: Let's vote on Mariano. Chair Sanchez: Let's vote on Mariano Cruz first. Commissioner Gonzalez: With the waiver. I move -- Chair Sanchez: There's a motion -- Vice Chair Spence -Jones: Second. Commissioner Gonzalez: -- and -- Commissioner Regalado: I second it. Chair Sanchez: -- and a second for Mariano Cruz, with all the waivers. He requires all the waivers, right? Commissioner Gonzalez: Right. Ms. Thompson: Correct. Chair Sanchez: Four fifth and a five five. Ms. Thompson: No, no. Commissioner Gonzalez: Five five. Ms. Thompson: Just a five five -- Chair Sanchez: Five five. Ms. Thompson: -- term limit. Commissioner Gonzalez: Five five. Chair Sanchez: All in favor, say "aye. " The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Okay. Andl would proffer Miguel de la O. Commissioner Gonzalez: Second. Chair Sanchez: All right. She -- you're -- I made the -- you got to be the Chair. City of Miami Page 127 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Regalado: You're -- Chair Sanchez: Discussion or call the question. Vice Chair Spence -Jones: Call the question. Ms. Thompson: You have -- Vice Chair Spence -Jones: All in favor? Commissioner Gonzalez: All in favor, say "aye. " Vice Chair Spence -Jones: All in favor? Chair Sanchez: Aye. Commissioner Gonzalez: Aye. Commissioner Sarnoff. No. Commissioner Regalado: Aye. Chair Sanchez: Okay, so 4/1. Ms. Thompson: That's the -- Commissioner Regalado: Now the third one. Commissioner Sarnoff. Mike Dames. Commissioner Regalado: Who? Commissioner Gonzalez: Second. Commissioner Sarnoff. Michael Dames. Chair Sanchez: There's a motion and a second. Motion is made by Commissioner Sarnoff, second by Commissioner Gonzalez. Discussion. Hearing no discussion, all in favor, say "aye.' The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Thompson: Thank you. Chair Sanchez: All right. BC.7 08-00470 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYORS INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City of Miami Page 128 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Denis Rod Commission -At -Large 08-00470 memo.pdf 08-00470 members.pdf Motion by Commissioner Regalado, 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-08-0272 A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Denis Rod as a member of the Mayor's International Council; further, waiving the residency requirements in Section 2-884(a) by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to Carmenza Jaramillo as a member of the Mayor's International Council. Vice Chair Spence -Jones: BC.7. Chair Sanchez: BC. 7. Commissioner Regalado: I proffer Denis Rod as a substitute to the person that is term limited now -- or miss a lot of -- Priscilla A. Thompson (City Clerk): Okay. Let me make sure. There's a Commission -at -Large vacancy. Commissioner Regalado: Okay. Ms. Thompson: All right. Then we will have to have a four fifth residency waiver for Ms. Jaramillo, who was appointed by the Mayor. The Mayor made an appointment. Commissioner Regalado: Okay. Chair Sanchez: And she requires a residency -- Ms. Thompson: Correct. Chair Sanchez: Okay. Ms. Thompson: So you're proffering the name -- Commissioner Regalado: Denis Rod. Ms. Thompson: -- for the at -large? Commissioner Regalado: For the at -large, yes. Ms. Thompson: Thank you. Chair Sanchez: All right. Andl will proffer -- and then we'll vote separately -- Carmenza Jaramillo. Ms. Thompson: That's for the residency waiver. City of Miami Page 129 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Oh, yes. Ms. Thompson: Thank you. And need a second. Commissioner Gonzalez: Second. Commissioner Sarnoff. Second. Chair Sanchez: All right. There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." With waivers. Ms. Thompson: Thank you. Chair Sanchez: Okay. BC.8 08-00471 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: 08-00471 memo 6-12-08.pdf 08-00471 members 6-12-08.pdf NOMINATED BY: Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Tomas Regalado CONTINUED Vice Chair Spence -Jones: BC.8. Chair Sanchez: PZ.8 [sic]. PZ.8 [sic] is the Urban Development Review. Priscilla A. Thompson (City Clerk): Commissioner Gonzalez is deferring his, right? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Thank you. Chair Sanchez: Anyone else? Vice Chair Spence -Jones: I'm deferring mine. City of Miami Page 130 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Thompson: We have -- Chair Sanchez: Vice Chair is deferring hers. Ms. Thompson: -- Vice Chair -- oh, she's deferring? Okay. Vice Chair Spence -Jones: Yes. Ms. Thompson: Thank you. And then Commissioner Regalado. Commissioner Regalado: Deferring. Ms. Thompson: You -- Commissioner Regalado, you have an appointment for the -- on the BC.8, your Urban Development Review Board. Commissioner Regalado: I would defer that one. Ms. Thompson: Thank you. Chair Sanchez: All right. So there's no appointments to that one. BC.9 08-00472 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORIE: NOMINATED BY: Gerald Marston Vice Chair Michelle Spence -Jones (Landscape Architect) 08-00472 memo.pdf 08-00472 members.pdf 08-00472 applications.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-08-0273 A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Gerald Marston as a member of the Historic and Environmental Preservation Board; further, waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Gerald Marston as a member of the Historic and Environmental Preservation Board. Chair Sanchez: We'll move on to BC.9. BC.9, I would defer that one too. Vice Chair Spence -Jones: I'd like -- okay. You're deferring yours? City ofMiami Page 131 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Priscilla A. Thompson (City Clerk): I'm sorry? Vice Chair Spence -Jones: He's deferring his, but I have one. Ms. Thompson: Yes. Vice Chair Spence -Jones: Mr. Gerald Marston. Ms. Thompson: And he will -- Vice Chair Spence -Jones: He requires the four fifth waiver. Ms. Thompson: Correct. Chair Sanchez: All right. We have a name proffered that requires a waiver. There's a motion by the Vice Chair. Need a second. Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. Discussion on the item. Hearing no discussion, with waivers, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.10 08-00475 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Santiago Villegas Commissioner Marc David Sarnoff Carlos Arboleya Commissioner Tomas Regalado Tanya Byng City Manager Pedro G. Hernandez (existing park program user) Antonio E. Garcia City Manager Pedro G. Hernandez (expertise in sports) 08-00475 memo.pdf 08-00475 members.pdf Motion by Commissioner Sarnoff, 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 City of Miami Page 132 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 R-08-0274 A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Carlos Arboleya, Santiago Villegas, Tanya Byng, and Antonio E. Garcia as members of the Parks and Recreation Advisory Board. Chair Sanchez: And we go to BC.10, right? Vice Chair Spence -Jones: Yes. Priscilla A. Thompson (City Clerk): Yes. And this is your new Parks and Recreation Advisory Board, so all your appointments will be new. Chair Sanchez: I would defer. Vice Chair Spence -Jones: I'm deferring mine also. Commissioner Regalado: I will proffer the name of Carlos Arboleya. Commissioner Gonzalez: Second. Commissioner Sarnoff. Andl will proffer the name of Santiago Villegas. Commissioner Gonzalez: Second. Chair Sanchez: Okay. Two names have been proffered; both have received a motion and a second. Commissioner Regalado: Manager has four appointments. Ms. Thompson: The Manager has -- Pedro G. Hernandez (City Manager): Right. I'm proffering two, one under the existing park program user category; that's Tanya Byng. That's T-A-N-Y-A, and the last name is B-Y-N-G. And also, under the category of expertise in sports recreational activities, Antonio E. Garcia. Commissioner Gonzalez: Second. Chair Sanchez: All right. All names that have been proffered have a motion and a second. Commissioner Sarnoff. Were there four or there're two? Four, right? Mr. Hernandez: I -- right. I have four, but only have two today. Ms. Thompson: He only prof -- Chair Sanchez: All right. So, in total, four have been proffered. Commissioner Regalado: Why is that? Chair Sanchez: That's the way it was -- Mr. Hernandez: I'm still working on the other nominations. Commissioner Regalado: But I thought that you were to meet with the community groups and pick your four appointees. City of Miami Page 133 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: I think he's working on it, he said. Mr. Hernandez: I have -- Commissioner Regalado: Huh? Vice Chair Spence -Jones: He said he's still working on it. Mr. Hernandez: -- two pending, which deal with the representatives from the City neighborhood community organizations, which are the ones that I have to work on. Commissioner Regalado: Well, the problem is that they won't be able to meet. What is the quorum requirement? Chair Sanchez: All right. Commissioner Regalado: The quorum is seven. Does the Mayor has --? Ms. Thompson: He has two, but he hasn't proffered any names to date. Chair Sanchez: All right. Voting on the names that have been proffered to date. Nothing we can do. All right. Four names have been proffered; all of them have received a motion and a second. 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. BC.11 08-00477 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Joyce Sanz-Perez Chair Joe Sanchez Anthony C. Jennings Vice Chair Michelle Spence -Jones Milton Pizarro Mayor Manuel A. Diaz Patricia Maldonado Mayor Manuel A. Diaz 08-00477 memo.pdf 08-00477 members.pdf Motion by Commissioner Gonzalez, 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 of Miami Page 134 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 R-08-0275 A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Anthony C. Jennings, Joyce Sanz-Perez, Milton Pizarro, and Patricia Maldonado as members of the Community Relations Board; further waiving the employment prohibition contained in Section 2-884(e) of the Code of the City ofMiami, as amended, by a four fifths (4/5ths) vote of the members of the full City Commission as it pertains to the appointment of Lyse Cuellar as a member of the Community Relations Board. Chair Sanchez: We got to BC.11. Vice Chair Spence -Jones: I'd like to proffer Anthony C. Jennings for the Community Relations Board. Chair Sanchez: All right. Andl will proffer Joyce Sanz-Perez, which is one of the names -- one of the nominations that have been presented. Priscilla A. Thompson (City Clerk): Commissioner Gonzalez is deferring his, right? Chair Sanchez: Yes. Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: The Mayor has proffered the name -- one of his names, Milton Pizarro; the other one, Patricia Maldonado. Commissioner Gonzalez: Second. Ms. Thompson: And then Commissioner Regalado's appointment, which he made, Ms. Cuellar, needs a four -fifth employee waiver. Commissioner Regalado: Lyse Cuellar needs a four fifth, right? Chair Sanchez: All right. Ms. Thompson: Correct. Chair Sanchez: All the names that have been proffered with waivers. There's a motion by Commissioner Gonzalez, second by Commissioner Regalado. 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. Those names has been -- have been appointed to the Community Relations Board. BC.12 08-00318 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Angel Gonzalez City ofMiami Page 135 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Marc David Sarnoff 08-00318 memo 6-12-08.pdf 08-00318 members 6-12-08.pdf CONTINUED Chair Sanchez: BC.12, Health -- Priscilla A. Thompson (City Clerk): Commissioner Gonzalez is deferring. Vice Chair Spence -Jones: I'm deferring any, ifI have it. Chair Sanchez: That's the Health Facility Authority -- Ms. Thompson: Yes. Chair Sanchez: -- Board? All right. Those are the only two, I believe? Ms. Thompson: No. We just had Commissioner Gonzalez on that one. Chair Sanchez: All right. No name proffered. Okay. That's it. There's no appointments. We move on. Ms. Thompson: No. Commissioner Gonzalez was the only one to be appointing on that particular board. Chair Sanchez: And he doesn't have any -- but he's deferring. Ms. Thompson: Right, so that one's deferred. BC.13 08-00317 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: 08-00317 memo 6-12-08.pdf 08-00317 members 6-12-08.pdf NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones CONTINUED Chair Sanchez: All right. So we go to 13. Priscilla A. Thompson (City Clerk): Correct. Chair Sanchez: 13 is the Community Technology Advisory Board. City of Miami Page 136 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Thompson: Commissioner Spence -Jones has an appointment and so do you, Chair. Vice Chair Spence -Jones: I'm deferring it. Chair Sanchez: I defer mine, too. Anyone else? Ms. Thompson: No. That's it. BC.14 08-00315 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chair Joe Sanchez 08-00315 memo 6-12-08.pdf 08-00315 members 6-12-08.pdf CONTINUED Chair Sanchez: All right. BC.14, Audit Advisory Committee. Priscilla A. Thompson (City Clerk): Yes. You have an appointment. Chair Sanchez: I would defer mine. BC.15 07-01217 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Maria A. Napoles Chair Joe Sanchez 07-01217 memo.pdf 07-01217 members.pdf Motion by Commissioner Sarnoff, 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-08-0276 A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Maria A. Napoles as a member of the Arts and Entertainment Council. City of Miami Page 137 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Arts and Entertainment Council. I would reappoint Maria A. Napoles. Priscilla A. Thompson (City Clerk): And then Commissioner Gonzalez is deferring? Chair Sanchez: Yes. Commissioner Gonzalez: Yes, ma'am. Chair Sanchez: Anyone else? Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. Defer. Chair Sanchez: All right. There's -- I make a motion -- well, can somebody make a motion and a second on the appointment? Commissioner Sarnoff. So move for the Chair. Chair Sanchez: There is a motion by -- Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chair Sanchez: -- Commissioner Sarnoff, second by Commissioner Gonzalez. Discussion on the item. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." BC.15, Arts and Entertainment, you have a reappointment on that one. Does that conclude --? Vice Chair Spence -Jones: No. You have MSEA (Miami Sports and Exhibition Authority) still. Chair Sanchez: Oh, MSEA? Okay. Vice Chair Spence -Jones: I'd like to -- Ms. Thompson: MSEA -- okay. That's going to be a pocket item. Vice Chair Spence -Jones: Oh. Chair Sanchez: Yeah. It's not here. Vice Chair Spence -Jones: Okay. Chair Sanchez: So we'll bring that up as a pocket item. All right. So that takes care -- does that take care of all the boards? Ms. Thompson: Yes, it does. Thank you. Chair Sanchez: All right. Okay. Why don't we take a ten-minute recess and -- fifteen -minute recess and we'll come back. All right. When we come back, we'll take up PZ.1, the Comprehensive Plan and amendments. City of Miami Page 138 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 DISCUSSION ITEMS DI.1 08-00442 DISCUSSION ITEM Department of DISCUSSION CONCERNING A QUARTERLY UPDATE OF Finance NON -REIMBURSABLE GRANT EXPENDITURES. 08-00442 Summary Form.pdf DISCUSSED Chair Sanchez: And now let's go ahead and go with the discussion items, which is a quarterly update from the grant expenditures, and that's -- we need to have -- we need to take care of that today. You're recognized for the record. Diana Gomez: Diana Gomez, Finance director. In an effort to maintain compliance with the financial requirements of the financial integrity principles, I'm required to present a quarterly presentation of nonreimbursable grant expenditures. For the second quarter of fiscal 2008, which ends March 31, 2008, the Parks Department reported as nonreimbursable grant expenditures of $11, 000 for -- $11, 454.42. These expenditures were due to some contracts -- delays in signing contracts, as well as some snack programs that were estimates; and they can -- the guarantor will not reimburse based on estimates; they need to reimburse on actuals. So it was an overexpenditure that will not be reimbursed. The general fund will cover that $11, 000 over expenditure, and they're looking for better estimates and better contract dates in order to maintain compliance with the grants. Chair Sanchez: All right. Any discussions or questions from any of the Commissioners pertaining to the discussion item? All right. Thank you so much. Ms. Gomez: Thank you. DI.2 08-00523 DISCUSSION ITEM Department of REPORT AS TO THE STATUS OF ALL LITTLE HAVANA Community HOMEOWNERSHIP PROJECTS. Development 08-00523-Summary Form-SUB.pdf DISCUSSED Chair Sanchez: All right. Let's go ahead with the report of status of the Little Havana Homeownership. This -- Alfredo Duran (Assistant Director, Community Development): Thank you. Alfredo Duran with - Chair Sanchez: -- we -- before you go on, director, this is the Little Havana Homeownership Advisory Board. We basically have asked them to come and give us a quarterly report. That board has been sunsetted. The next board that goes into effect is the Allapattah board. I hope that Allapattah learns from Little Havana as to our successes and our failures and our challenges. So this is just in closing what we have out there. I think it's important for the Administration to come and give us a quarterly report as to where we're at with our projects. So thank you so much. Mr. Duran: Okay. Alfredo Duran, with the Department of Community Development. Just a brief overview. Over its five years of existence, the Little Havana Housing [sic] Advisory Board was responsible -- has been responsible for advising the City Commission and the Housing and City of Miami Page 139 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commercial Loan Committee with the distribution of $7.5 million in federal and non-federal funding in part to create homeownership opportunities within the Little Havana neighborhood revitalization district. The fund -- this funding was provided to them in five yearly allocations of $1.5 million. To date, the following projects have been and are being assisted and programs created. The first project is Havana Palms Condominium. This project was provided with $1.3 million for homebuyer assistance to the buyers. We did not assist in the construction. We are assisting the homebuyers. To date, two -- four homebuyers have been assisted and ten more are coming within the next couple of weeks. The Villas Teatro Marti, located at 400 Southwest 8th Avenue. This is a 60-unit mixed -income condominium development which has yet to be started. It's going to commence construction within the next nine months. The City provided a total of $4 million to this project; $983, 653 and -- of HOME (Home Investment Partnership Program) money -- of HOME funding, and $1 million from the Affordable Housing Trust for construction. The balance of that is going towards the assistance of the homebuyers. The Latin Q Tower project is a 72-unit total unit development, 60 of which are City units; $1.8 million of CDBG (Community Development Block Grant) funding has been provided for this construction and to be rolled over into the permanent financing to the buyers. The Sunshine Condominium project has been completed, located at 1234 Northwest 4th Avenue. A total of $800, 000 was provided for this project to assist with the construction and the assistance to the homebuyer. Castello II Condominium is a ten -unit project, located at 853 Southwest 2ndAvenue. The City provided $115,000 to assist three homebuyers with assistance to purchase the units. In addition, the district created the Down -Payment Assistance program and allocated a $1 million of HOME funding to assist low-income homebuyers to buy property within the district. To date, 11 low-income homebuyers have been provided assistance. There's a balance of $752, 000 still remaining there. So to date, of the $7.5 million, $3.1 million has been spent; $4.3 million is yet to be spent on already -committed projects, and that is what we will be reporting on a quarterly basis, the progress of those developments. Chair Sanchez: All right. Thank you so much. I want to take this opportunity to thank the board, which has been sunsetted. This is a board of volunteers. We didn't want to spend any money on overheads. I think every penny should go to affordable housing and homeownership. The board did a tremendous job with the Administration. And the area in itself Little Havana, when we first started, had seven percent homeownership, seven percent homeownership. Listen to those numbers, just seven percent homeownership. through this program and the private sector, and the development that went on in Little Havana, I could assure you today -- we don't know exactly where the numbers are at because they're doing a study, but the number's got to be around anywhere from 14 to 20 percent. Do you have any numbers pertaining to that? Mr. Duran: No, not at the moment. Chair Sanchez: But significantly, the property owners have increased and it -- every study will tell you that when people own property, they take pride in their community, they take pride in their neighborhood; they paint their homes, they beautify their yards, they cut their grass, and that's what we're looking for. So I want to, once again, thank you for what your department has done and what all the board members have done. Thank you. Priscilla A. Thompson (City Clerk): Chair, before you -- Chair Sanchez: All right. Ms. Thompson: -- move off -- just before you move off I just need to make sure you un -- that everyone knew -- I know this is a discussion item, okay. Chair Sanchez: No action to be taken. Ms. Thompson: I know. City of Miami Page 140 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Duran: Yeah. There was a substitution. I'm sorry. Ms. Thompson: Okay. Chair Sanchez: There was a substitution? Ms. Thompson: There was a substitution. Chair Sanchez: Was it just clean-up language? Mr. Duran: Yeah. The substitution was provided to -- it was just in formatting basically. Chair Sanchez: All right. Ms. Thompson: Thank you. Chair Sanchez: Okay. If not, once again, before we close, I want to thank everyone who participated in this process. We've been at it since 2: 05, plenty of public input; plenty of participation from the residents, homeowners association, the consultants, the staff so it has been a rocky road, but we've gotten done -- out of the 403 goals, I could guarantee you that more than 371 were agreed upon. I would say maybe about 95 to 96 percent of the things were agreed, and you know, there're some people out there that want the hundred percent. Unfortunately, it doesn't work that way, but I could tell you that each and every one of us, including the Administration and the homeowners association, everyone has acted in good faith. I do want to apologize; the meetings did get out of control, and at times, I want to apologize because, you know, I tend to lose my temper because it's hard to run a meeting in here sometimes; but having said that, we've gotten it done and now we look forward to DCA (District Court of Appeals). Yes, sir, you're recognized for the record. Commissioner Gonzalez: I would like to take this opportunity to publicly and on behalf of the people in my district and the people in the Allapattah neighborhood, thank my colleagues for their support to them and to their needs; and also thank you, even though you voted against me - - against my people, you know. We also thank you. Chair Sanchez: All right. Vice Chair Spence -Jones: Okay. City of Miami Page 141 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 PART B PZ.1 08-00223ct ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY AMENDING, ADDING, AND DELETING GOALS, OBJECTIVES, AND POLICIES OF THE ELEMENTS OF THE CITY'S COMPREHENSIVE PLAN AS REQUIRED BY CHAPTER 163, PART II, FLORIDA STATUTES, TO INCORPORATE THE RECOMMENDATIONS CONTAINED IN THE 2005 EVALUATION AND APPRAISAL REPORT (EAR) OF THE CITY'S COMPREHENSIVE PLAN; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 142 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 08-00223ct CC FR 04-24-08 Fact Sheet.pdf 08-00223ct Additional Comments 03-5-08 and 3-19-08 - 3-31-08.pdf 08-00223ct Item#1-EAR Presentation PAB-REV.pdf ITEM #1- 08-00223ct- PAB 04.30.08.pdf 08-00223ct CC Legislation (Version 2).pdf 08-00223ct CC FR 05-08-08 Fact Sheet.pdf 08-00223 ct-PZ.1-S U B. pdf 08-00223ct-Submittal-PAB EAR Based Planning Amendments with Modifications-05-08-08.pdf 08-00223ct-Submittal-Port of Miami River-Sarnoff.pdf 08-00223ct-Submittal-Memo-Law-Brisas del Rio. pdf 08-00223ct-Submittal-Memo-Law-Miami River Cases. pdf 08-00223ct-Submittal-Memo-City Attorney.pdf 08-00223ct-Submittal-Planning Summary.pdf 08-00223ct-Submittal-MNU Amendments. pdf 08-00223ct-Submittal-Memo-Bert J. Harris Issue. pdf 08-00223ct-Submittal;-Correspondence-Everglades Law Center, Inc.. pdf 08-00223ct-Submittal-MNU Proposed MCNP Amendments.pdf 08-00223ct-Submittal-Analysis & Recommendations of Proposed GOPs.pdf 08-00223ct-Submittal-Motion for Rehearing-Balbino.pdf 08-00223ct-Submittal-Motion for Rehearing -Riverside. pdf 08-00223ct-Submittal-Port Security Grant-FEMA.pdf 08-00223ct-Submittal-Marine Industry Data -Dickman. pdf 08-00223ct-Submittal-AIA Miami Resolution. pdf 08-00223ct-Submittal-Future Land Use.pdf 08-00223ct-Submittal-Future Land Use -Goal LU-1.pdf 08-00223ct-Submittal-Brenda Kuhns Newman. pdf 08-00223ct-Submittal-Goal LU-1-Brenda Kuhns Newman. pdf 08-00223ct-Submittal-Letter-Wendy Blair Stephan. pdf 08-00223ct-Submittal-Letter-Miami River Commission. pdf 08-00223ct-Submittal-Hearing Boards. pdf 08-00223ct-Submittal-Planning Department 1.pdf 08-00223ct-Correspondence-David Snow E-mail 1.pdf 08-00223ct-Submittal-Miami River Analysis Map. pdf 08-00223ct-Submittal-Property Analysis Chart. pdf 08-00223ct-Correspondence-David Snow E-mail 2.pdf 08-00223ct-Submittal-Property Analysis (Sheet). pdf 08-00223ct-Submittal-Administration. pdf 08-00223ct-Submittal-Commissioner Sarnoff 1-(Miami Neighborhoods United Letter). pdf 08-00223ct-Submittal-Commissioner Sarnoff 2.pdf 08-00223ct-Submittal-Commissioner Sarnoff 3.pdf 08-00223ct-Submittal-Commissioner Sarnoff 4.pdf 08-00223ct-Submittal-Commissioner Sarnoff 5.pdf 08-00223ct-Submittal-Correspondence-EAR Substituted Attachments. pdf 08-00223ct-Submittal-Grace Solares-Map, etc.. pdf 08-00223ct-Submittal-Map-MNU. pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval with modifications*. PLANNING ADVISORY BOARD: Recommended approval with modifications* City of Miami Page 143 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 to City Commission on April 30, 2008 by a vote of 8-0. *See supporting documenation. PURPOSE: This will allow required amendments to the Comprehensive Neighborhood Plan based on the EAR recommendations. Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Noes: 1 - Commissioner Sarnoff Absent: 1 - Commissioner Regalado A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, and was passed unanimously, to continue today's City Commission meeting to Tuesday, May 13, 2008, at 2 p.m. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed, with Chair Sanchez and Commissioner Gonzalez voting no, to accept the amendment of LU-1.1.1 from the Miami Neighborhoods United (MNU) package submitted into the record on May 13, 2008 by Commissioner Sarnoff. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed, with Chair Sanchez and Vice Chair Spence -Jones voting no, to direct the City Manager to begin the mapping and the necessary background data for the Miami Neighborhoods United (MNU) changes, to be presented by October as a text amendment. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, to direct the City Manager to provide, at the next City Commission meeting, the budget necessary to complete the work for the two Future Land Use Map (FLUM) text amendments and the issues with regard to the Miami Neighborhoods United (MNU) proposal; further, directing the City Manager to determine if the funds currently set aside for Miami 21 can be used to fund these studies; further, directing the City Manager to utilize the Planning Department staff to provide the information to the City Commission, as well as hiring consultants. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to reconsider the motion accepting the amendment ofLU-1.1.1 from the Miami Neighborhoods United (MNU) package. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to rescind the motion accepting the amendment of LU-1.1.1 from the Miami Neighborhoods United (MNU) previously -adopted package. A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed, with Commissioner Regalado absent and Commissioner Sarnoff voting no, to accept the Planning Advisory Board (PAB) recommendations and the Planning Department amendments as proposed in Exhibit C. Direction by Commissioner Spence -Jones to the Administration to bring back an amendment to the Zoning Ordinance extending the public notice to a time period longer than 15 days. A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed, to accept the amendment of LU-1.5.3 as proposed in Exhibit C; with an additional amendment proposed by Miami Neighborhoods United (MNU) in the document submitted into the record on May 13, 2008 by Commissioner Sarnoff, and an additional amendment to change the 15-day notice to a 30-day notice. City of Miami Page 144 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to accept the amendment of LU-1.5. 4 as proposed as Item #3 on page 6 of Exhibit C. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to accept the amendment of NR-1. 1.6 as proposed as Item #32 on page 13 ofExhibit C and recommended by the Planning Advisory Board. A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, to accept the amendment of TR-1.5.2 as proposed as Item #21 on page 10 ofExhibit C and recommended by the Planning Advisory Board. A motion was made by Chair Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to remove the height density multi family bonuses in the Little Havana area to reduce the number of units allowed per acre from 200 to 150 units. A motion was made by Commissioner Gonzalez, seconded by Chair Sanchez, and was passed, with Commissioner Regalado absent and Commissioner Sarnoff voting no, to approve the Planning Department's amendments as proposed in Exhibit B. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to add the statement "while acknowledging the history of the marine industrial use along the river as vital to its economic development" at the end of the first paragraph of PA-3 of Exhibit B. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to add the statement "and in the general marine industrial uses" to the third paragraph of PA-3.1.1 of ExhibitB. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, directing the City Manager to create a program offering technical assistance to the businesses along Miami River that do not benefit from the Enterprise Zone sales tax recaptured, and other incentives. Chair Sanchez: We'll be taking up PZ (Planning & Zoning) item number 1, so we'll have the City Attorney read procedures, and everyone who will be speaking must register with the City Clerk. So before we go on, anyone who will be speaking -- and by a show of hands, can I see how many people will be speaking on this item? Okay. All right. Okay, so we're talking a good number of people. Now, can we establish a fair process of -- the Administration will make its presentation. I want to afford the attorneys for the other side ample time, okay, so it's a fair process, but I need to know who will be speaking on the other side and who will be representing. We need to establish -- this is not going to be an eight -hour meeting, I can assure you that, okay? So if we could agree on maybe a two-hour meeting. Counsel, how much time are you going to need? And be reasonable. Andrew Dickman: Andrew Dickman, for the record. I hate to think of me being on the other side since this is a comp. plan -- Chair Sanchez: No, no, no, no, no. It's -- we're all on the same side, but -- Mr. Dickman: Yeah, yeah. Chair Sanchez: -- I want to establish. City of Miami Page 145 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Dickman: I'd like to have 15 minutes -- Chair Sanchez: Okay. Mr. Dickman: -- and then introduce -- we've got the executive director and members of the board. Chair Sanchez: Do you have any expert witness that will be testifying? Mr. Dickman: It's a legislative matter. I don't have any experts. Chair Sanchez: Okay. So -- Mr. Dickman: We have -- Chair Sanchez: -- let's say you got 15 minutes. Are you going to have anyone else that's going to be testing that might be --? Mr. Dickman: Yeah. There's members here of our organization, the Miami River Marine Group. Chair Sanchez: All right. So I'm going to give you so we'll give you 15 minutes, and we'll give those that'll be -- Mr. Dickman: Yeah. They'll -- Chair Sanchez: -- speaking on your behalf we'll give them -- Mr. Dickman: With me. Chair Sanchez: -- with you -- we'll give you an additional ten minutes. Then everyone who'll be speaking will be afforded five minutes to speak. Now, we've had plenty of public meetings, so I'm asking you to please try to be brief and not be repetitious as to the statements that you're going to make, but everyone will have an opportunity to speak, okay? Mr. City Attorney, read the PZ process into the record, and then read the Chairman's statements. Rafael Suarez -Rivas (Assistant City Attorney): Yes, Mr. Chairman. We are now taking up PZ.1, which is a legislative item that involves enacting the Evaluation and Appraisal Report, also known as the EAR amendments, to the City's adopted Comprehensive Plan. State law requires that every seven years the City conduct an EAR process by which our Comprehensive Plan is evaluated and possibly amended through the preparation of an Evaluation and Appraisal Report assessing the success of our adopted Comprehensive Plan and updating, if need be, its goals, objectives, and policies. Our Planning Advisory Board, in December of 2004, following an advertised public hearing, adopted a resolution recommending approval with conditions of a proposed 2005 EAR report. The City Commission adopted an EAR report recommended by the Planning Advisory Board at its meeting of December 9, 2004. The State Land Planning Agency, the Department of Community Affairs, sent comments in a letter presented to the City on or about April 28, 2005. The Planning Advisory Board, at their October 19, 2005 meeting, following an advertised public hearing, passed a resolution recommending approval with conditions of a revised 2005 EAR report. Following the process of revising and refining the EAR, the Planning Advisory Board, earlier this year, conducted a total offour public hearings relating to the EAR where the Planning Advisory Board accepted comments and presentations from City staff City consultants, members of the public, other quasi -governmental agencies, trade groups, mercantile groups, neighborhood associations, the public, among others. This was City of Miami Page 146 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 a fully engaged and interactive public process. Earlier, certain charrettes and meetings had been held. Following all these public hearings, at its meeting of April 30, 2008, the Planning Advisory Board, following another advertised public hearing, recommended certain text amendments to our Comprehensive Plan, which relate to the EAR. What state law requires for the City Commission to do is enact amendments to our Comprehensive Plan based on the recommendations of the EAR report within 18 months that the EAR is deemed to be sufficient by the State Land Planning Agency. This time period for the City ofMiami expires on or about August 15 of 2008. State law provides a penalty that if we, the City ofMiami, do not transmit updated amendments to the Comprehensive Plan based on the EAR report within the required time, which, as we said, is August 15, the State Land Planning Agency can prevent the City from amending its Comprehensive Plan until that process is concluded. The City Commission is to make amendments recommended by the EAR, but is free to consider other goals, objectives, and policies related to the contents of the EAR and to adopt those as well or instead of. For example, if there is one version of an EAR which comes from one group and another version of the EAR which is recommended by the EAR report, you can only consider that. If there is one version of an element and staff or someone else presents another version, you may consider the staff version as well as the other version and choose to adopt either one or which one you think best serves the City's needs. Thank you. Chair Sanchez: Okay. Thank you. Please note that the City Clerk has the sign -in form that you will need to fill in if you wish to address this Commission. As a courtesy, information statements concerning the publication of the State Land Planning Agency notice of intent. This is a legislative item. We will first hear presentation from staff and from our consultants. Then we will hear from the public. I will try to limit this meeting to about two hours. Okay. All questions will be directed through the Chair, and there has been numerous public hearings of this matter, so please, as I stated, you will have -- based on the attorney has stated that I afford you five minutes. I'm encouraging you not to use the five minutes. If you could not be repetitious and duplicate your testimony. At the close of the public hearing, the City Commission will deliberate the matter, and we thank you for your cooperation on this matter. So, we'll proceed with the meeting now. Mr. City Manager, I'll have you introduce the staff and the consultants. Priscilla A. Thompson (City Clerk): Excuse me, Chair. Chair Sanchez: Yeah. Ms. Thompson: We do need to swear individuals in, please. Chair Sanchez: Okay. I do apologize. If you have not sworn in -- also, if you're a lobbyist, please make sure that you're registered. I will kindly ask you to respect everyone's opinion, so therefore, any statements that have been made, please refrain from clapping, cheering, you know, slandering. You know, let's behave in a very professional manner. Thank you. Ms. Thompson: Please raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Sanchez: Okay. Administration, you're recognized for the record. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, this is the, I think, conclusion of a long process that has been going on for quite a while. This item of the EAR recommendations or EAR amendments goes back to early March with the PAB (Planning Advisory Board). I think that it went before the PAB four or five times. Finally, on April 30, City ofMiami Page 147 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 PAB approved a set of EAR amendments, and they're now before you. We, in essence, concur with the PAB's EAR amendments, I would say, more than 90 percent. I think it's 92 percent in -- of the cases. However, we do have a certain number of exceptions that fall into five or six categories. And, in essence, I think that that will facilitate the discussion because I think that there is consensus probably on the majority of the PAB-recommended version. Our principal planner, Harold Ruck, will go through the document itself andl think that he will focus on the areas of exceptions that we have. In conclusion, our recommendation to you as City -- Mr. Chairman and City Commissioners, is that you approve the PAB-recommended version with the modifications recommended by the Planning Department. Mr. Ruck. Harold Ruck: Good afternoon. Harold Ruck, with the Planning Department. And before we get started, I was wanting to introduce to you the consultants that have been working with us. This is the Rob Curtis Group, and we have Mr. Curtis and Cathy Sweetapple, Larissa Brown, Rachel, Andy Dolkart, Nancy Stroud (phonetic); consultants that were working with us on this document. This item is the consideration of an ordinance by the Miami City Commission on first reading, amending the ordinance number 10544, as amended, the Miami Neighborhood Comprehensive Plan of the City, by amending, adding, and deleting goals, objectives, and policies of the elements of the City's Comprehensive Plan, as required by Florida Statutes, to incorporate the recommendations contained in the 2005 Evaluation and Appraisal Report of the City's Comprehensive Plan. For your convenience and consideration, staff has provided you with the final Planning Advisory Board recommended Evaluation and Appraisal Report, EAR -based amendments. It incorporates all the PAB-recommended resolutions approved at their April 30 meeting. As a clarification, what has been provided to you at this time includes five resolutions not originally identified by the Hearing Boards Office. They are included in the packet provided to you today, and then we will now continue with the presentation. Chair Sanchez: All right. Commissioner Sarnoff. Excuse me, Mr. Chair. Chair Sanchez: Yes, sir. Commissioner Sarnoff. You want us working -from this book right here? Chair Sanchez: Yes. Commissioner Sarnoff. So the book you just handed us is the book you want us -- Mr. Ruck: Yeah. Commissioner Sarnoff. -- to work from? Mr. Ruck: Yes. That's the complete document, yes. Chair Sanchez: All right. You're recognized for the record. Ana Gelabert-Sanchez: Ana Gelabert, Planning director. What I'm going to ask the Planning staff is to distribute -- it's another document, but it's not part -- what it is is just for discussion that we thought it would be easier to go through those items that we have identified. If you look at your package, we have a summary that all of you have had on the package that basically goes on the differences that we have between the PAB recommendations. What we have done -- and you have it. It's the same issues. They're not new issues, but we felt that this (UNINTELLIGIBLE) document, what we've done is separate them for clarity or just make it easier on the process to be able to go through the different categories to try to sort out on those things that -- on those items that we have a difference of opinion, to be able to say why, and City of Miami Page 148 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 we've put them in different categories. Like the City Manager said, 403 goals, policies, and objectives, including the Miami River sub -element, identified as Exhibit B, recommended for amendment by the Evaluation and Appraisal Report City Commission and DCA (Department of Community Affairs), on December 1, 205 [sic], or through input from consultants, MNU (Miami Neighborhoods United), constituents, PAB, and others. The Planning Department -- of this 403, the Planning Department agrees with 371 of them; that's 92 percent of the recommendations made by the Planning Advisory Board. Chair Sanchez: So out of 403 goals and policies and objective [sic], you've come to an agreement on 370 --? Ms. Gelabert-Sanchez: Three hundred and seventy-one. Chair Sanchez: So there -- Ms. Gelabert-Sanchez: Roughly 92 percent. Chair Sanchez: Thirty-two items have not been agreed on. Ms. Gelabert-Sanchez: Thirty-two are the ones that we do not agree, and that's why on this last document, what we've done, for discussion purposes, is we've divided them into -- in six categories; one -- and it's what you have in front of you. It's just a cleanup and language clarification. You will see it, for example, on item 13. It's just the way on the housing that is described HUD (Department of Housing and Urban Development) versus HUD and State. That's just language. Two, the second category would be things we consider duplication of efforts, financial impacts, or not required by the State of Florida Department of Community Affairs. There were some proposals of some elements that we believe either they will be addressed through Miami 21, but they are not required by Department of Community Affairs. Third category, issues that already are dealt through the Zoning Ordinance, and those -- there will be, as you see, there are some requests that were made as far as notice. There's some general comments that we have left at the -- on the document, on the Comprehensive Plan that we feel they're general enough on the Comprehensive Plan that they have a place there. The other ones that might be too specific and we feel they're already addressed in the Zoning Ordinance. Fourth category, we believe they might be too specific; that might be restricting the Commission and the duties and their obligations, and those would be things as when you look at the open space parks master plan that you adopted, it did not have dates. The recommendation that was approved at the Planning Advisory Board had dates. We felt that what you had approved did not have dates, so we felt that what we needed to provide to you was that document as was adopted by this Commission. And lastly -- I'm sorry. Fifth category, there were also some comments that we feel were, again, too specific, and it would restrict and limit Planning staff analysis and Commission policy action. For example, there are some issues of language that was placed that might diminish -- it might say, well, you cannot diminish any residential property in the abutting or adjacent neighborhoods. Give you an example. Last Commission meeting, there was a project that was here that Planning Department was recommending denial, but through the covenants, you approved it. You had the flexibility to look at a project, even though the zoning was changing, yet you were providing -- through the covenant through the project, you were providing the transition and the buffering that was recommended and actually that the Comprehensive Plan and the Zoning Ordinance is recommending. But that was just -- it's just to give you one example, and if you want to go through more, we can do it, but I'm just trying to kind of touch up on all of them. And lastly is the Miami River sub -element, Exhibit B. As presented by the Planning Department, we believe it provides greater flexibility for Commission policy and action. It's also included in the analysis. What you have is -- and that would be Exhibit B. The Plan -- again, like the Planning Department recommends the adoption of the PAB EAR -based amendments, with the modifications, as identified on Exhibit C on the May 8 date prepared by the Planning Department. City of Miami Page 149 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: All right. So ifI were to assume that the -- most of the discussion would be around the 32 items that have not been agreed upon, correct? Ms. Gelabert-Sanchez: Correct. The rest -- like I said, we concur with the Planning Advisory Board, and we don't have -- there's no objection; we concur with their recommendation. Chair Sanchez: Okay. Ms. Gelabert-Sanchez: It's just those 32 items. Chair Sanchez: All right. Commissioner Regalado: So -- Commissioner Sarnoff. (UNINTET,T IGIBT ,F) -- can --I have a question? Commissioner Regalado: Oh, sorry. Commissioner Sarnoff. I'm asking you to yield; you went first. Commissioner Regalado: No, no. Go ahead. Commissioner Sarnoff. I'm sitting here with two books; first book was presented to me a couple of days ago, andl received an e-mail from one of the Planning Advisory Board members telling me that some of their motions were not placed in there. Let me finish. Then you hand me this book ten minutes ago and you say they're all in here; yet, the first one I see is LU.1, and ifI read the e-mail that was submitted to my office, I could see that LU.1, at least one of the communicators said -- at the very end of that said "by ensuring public notice, input, and appellant rights regarding changes in existing zoning regulations." So I go to your brand-new ten -minute -ago book, I don't see that in there -- Mr. Hernandez: Commissioner, I -- Commissioner Sarnoff. -- so -- Mr. Hernandez: -- think what that is is that we continue to work, I would say, even through yesterday morning -- Commissioner Sarnoff. Right. Mr. Hernandez: -- in eliminating conflicts, so -- Commissioner Sarnoff. So let me ask you this, Pete. Mr. Hernandez: -- originally, we had -- Commissioner Sarnoff. Is the Planning Advisory Board in agreement this is the document? Mr. Hernandez: That is the document. Commissioner Sarnoff. I know you're saying that. Mr. Hernandez: Well, in the sense that -- when we started looking at it, we had -- I would say the Planning Department had like 52 items where they felt there was disagreement. We City of Miami Page 150 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 scrutinize every one of those items and look out like 20, which we said, no, we agree with PAB. You know, there's no reason to argue, so we reduced it to what we felt were the ones that had substance. Commissioner Sarnoff. I understand the City thinks they did that. Is there --? And would the Chair mind, I just only want -- I don't want to sit going through three books or three issues. Is the -- they haven't had a chance to read this, as we haven't had the chance to read this. Vice Chair Spence -Jones: I just want to add -- and that was -- I want to add onto your -- Commissioner Sarnoff. Go ahead. Vice Chair Spence -Jones: -- your comment. It's ten minutes before the meeting start -- Commissioner Sarnoff. Right. Vice Chair Spence -Jones: -- you know, and again, I think it's really important. I mean, this is a major decision that we're making once again, and we have to have the input from both sides, and I don't know if the other side has had the opportunity to even -- there is no other side. We're all in the same boat. I don't why there always needs to be another side. But has the groups that have concerns about these issues had an opportunity -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- to look through this document? Commissioner Sarnoff. Let me chime in as the -- Commissioner Regalado: Chairman. Chair Sanchez: Wait, hold on, hold on -- chair. Let us get some clarity on this. If we do not take any action here today, what happens? Ms. Gelabert-Sanchez: We have to submit -- the Department of Community Affairs has to have this document by August 17. Chair Sanchez: Right. Ms. Gelabert-Sanchez: We are -- we need to be able to have action on this board in order for us to send it to DCA (Department of Community Affairs) for review. What happens then, DCA has 60 days to review the document; give their comments back; we need to respond, the Planning Department; bring it back to you so for a second reading in July, and then we send it back to DCA in order to meet the August deadline. Chair Sanchez: So -- Ms. Gelabert-Sanchez: If we do not do it, we could be deemed not in compliance with the State. Chair Sanchez: -- we will not be in compliant [sic] with the State if we don't take any action today, correct? Ms. Gelabert-Sanchez: If we miss our deadline of August. Vice Chair Spence -Jones: So -- City of Miami Page 151 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Sarnoff. And what happens? The grass doesn't grow and the trees don't leave and the sun doesn't shine and -- Ms. Gelabert-Sanchez: But pretty much -- Commissioner Sarnoff. -- we don't have milk from cows. Ms. Gelabert-Sanchez: -- we couldn't have any -- we couldn't process any land use changes. Commissioner Sarnoff. Oh, that'd be horrible. Ms. Gelabert-Sanchez: Well -- Vice Chair Spence -Jones: Okay. Ms. Gelabert-Sanchez: -- any -- pretty much, we would not be in compliance -- Commissioner Sarnoff. We come to a -- Ms. Gelabert-Sanchez: -- (UNINTET,TIGIBT,F) Commissioner Sarnoff. -- screeching halt, sort of like what we have right now. Vice Chair Spence -Jones: I just want to add -- just add an extra question that I have because I'm a little confused because in yesterday's (UNINTELLIGIBLE) -- today I'm hearing it's only 33 items that were not in agreement, okay, but yesterday I had a briefing with ER [sic] folks, the people that were on the committee, Hadley's group -- the day before yesterday, I'm sorry -- and it was down to three items that were the biggest issues of concern, so is it three or 33? Mr. Hernandez: No. The total number of items may be 32 or 33. What we did, in order to facilitate discussion, is that we grouped the 33 into six categories. And to further clam, on April 30, when the PAB met until 1: 30 in the morning, they agreed on a certain document. That document has been available to all. The -- as a matter of fact, the citizens -- the residents, one of the ones that advised us that we had missed five resolutions of the PAB. The documents that you have have everything except the five. That's the original documents that you have, and the one that was passed out today, in essence, had those five resolutions incorporating it, making it whole. Vice Chair Spence -Jones: Mr. City Manager, I just -- again, my understanding in my briefing, we went from three to thirty-three. Mr. Hernandez: No. Vice Chair Spence -Jones: So I'm dealing with only three issues that, based upon the committee that we all put a designee on, it was only three issues that -- yeah. In my briefing yesterday -- day before yesterday -- Hadley wasn't -- and also Planning -- it was only three items that we were trying to -- Mr. Hernandez: Is that -- Vice Chair Spence -Jones: -- really address as the major concern, correct, Hadley, not 33? So I Mr. Hernandez: Oh. City of Miami Page 152 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: -- wanted to deal with that issue. And then my other question is, Ana Mr. Hernandez: But that wasn't a briefing with us. Vice Chair Spence -Jones: Well, with your staff it was, yeah. Mr. Hernandez: No. You mentioned Hadley. Vice Chair Spence -Jones: No. No, no. Hadley wasn't -- we had a meeting, myself, Hadley, to get a briefing on this from the committee, along with members of your team -- wasn't Ana because Ana was trying to make the corrections on the PAB situation from those notes, but your team was there, is that correct? Not you, Ana; you weren't there, but you were there. What is your name again, sir? Ms. Gelabert-Sanchez: Harold Ruck, and maybe he can clarify it because what -- you know, I don't want to -- Vice Chair Spence -Jones: Yeah. It was just -- Ms. Gelabert-Sanchez: He can -- my understanding is that maybe the discussion was that there were conceptual -- maybe they had three conceptual. What we have had -- and this on the Planning analysis -- has been the number that I just described, which is what you have in your book, the 33. Those are the ones -- and those are just because they're going by objectives and goals. It's just -- and again, if you link them -- if you -- and that's what we tried to do -- in categories, because a lot of them dealt with the same thing. IfI count every single one that goes on the goals and objectives on the park, there may be seven or eight of them. When the issue release dates, so that's what -- Vice Chair Spence -Jones: Okay. Ms. Gelabert-Sanchez: -- we were trying to do by doing that. Vice Chair Spence -Jones: All right. But again -- Ms. Gelabert-Sanchez: Again, I wasn't there. Vice Chair Spence -Jones: -- I just want you to understand how that -- I can't speak for any other Commissioner, but I want you to understand how that confuses me if we go from sitting in a meeting with staff to talk about three items that the committee we all put someone on a board to, you know, at least work on this process, which came back and said, well, these the only three items that we have real big issues and concerns on that we'd like to have addressed before it's actually voted on and approved. And then the second part of my question on that, Ana, you just mentioned that it has to go to the State by August, correct? Ms. Gelabert-Sanchez: Correct. Vice Chair Spence -Jones: Right. So we're now many May, correct? Ms. Gelabert-Sanchez: Correct. Vice Chair Spence -Jones: So it's not like if we vote on it today that, you know, it has to happen today before the August -- Ms. Gelabert-Sanchez: Well -- City of Miami Page 153 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: I just want to be clear because I was told even in that briefing -- I'm just telling you even in that briefing -- that we would have time still to have -- to get the input or at least -- we may not all agree on what the three issues or what needs to be adjusted or changed, but we still have the time to do that. Ms. Gelabert-Sanchez: I -- I'm not sure how that was said. Like you said, it was not in the meeting. What I can tell you is we've had hearings at the PAB. I think we had four of them. One of them the City did ask for the continuance, but this item, our expectation was they would already have been at DCA, so at this time, we really need to send it to DCA. Again, DCA has 65 days. They might send it before. They might send it after, but they do have the 60 days to look at it and give us back the report. At that time, there may be recommendations by DCA that we need to address before we bring it back to you in July, and then that's -- we will be coming to your last meeting ifJuly, and then sending it in August to DCA because you do not meet in August. Commissioner Regalado: Well -- wait. Vice Chair Spence -Jones: I just -- Ms. Gelabert-Sanchez: So that's why we were working on a time frame. Vice Chair Spence -Jones: -- have -- and I'm going to turn it back over to the Chairman. Chair Sanchez: All right. Vice Chair Spence -Jones: I just -- andl do understand how important it is for us to get it approve, andl understand that we need this in order to move things -- to get things done in all of our districts, but you know, the problem that constantly have is that it seems as though this is something we knew at least more than two years ago that we needed to have done, at least a year ago; and it always seems to boil down to the last minute that we -- before we have to vote on something, and it always boils down to us receiving it, nine times out of ten, the corrected versions on the dais the same day, so I'm -- I just think that it needs to be something we need to do, guys, to not appear as though we're trying to pass things by our residents or our constituents without having their input, andl think that's the feeling. And this is just not on this issue, but it's on several other issues. You know, the community -- I'm just telling you. There is a feeling -- the community feels as though, you know, at the end day, it's not going to really matter about what they think or feel because at the last minute, the staff is going to bring it in front of the City Commission, and the City Commission is going to feel compelled because we all have projects and stuff that we need to move and get things done in our district that we're going to have to vote on it because we don't have the time to do anything else. So I'm just really putting it out there to my City Manager, you know, we really need to look at how these things are evolving because it is a -- it's a problem. Mr. Hernandez: Commissioner. Vice Chair Spence -Jones: And then when we don't support something, then we're seen as the bad guys. And then when we do support something, we're seen as the bad guys to our constituents. Mr. Hernandez: I think it's important to realize that sometimes the reason that we have a situation like this where you have items coming at the last minute is because we go maybe too far in being transparent, too far in having meetings. We bend over in order to provide more and more satisfaction, more information, honestly. How many meetings have we had on EAR over the last four months? Maybe 20, maybe 30. It's 24? It's our, I would say, emphasis on transparency that sometimes gets us in this situation. City of Miami Page 154 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: All right. Let me get this meeting back on track. Are you done with your presentation? Ms. Gelabert-Sanchez: Yes, I am. Chair Sanchez: You are done with your presentation? Ms. Gelabert-Sanchez: Yes, I am. Chair Sanchez: You're not going to call anyone else to -- from the City? Ms. Gelabert-Sanchez: No. Chair Sanchez: No? Ms. Gelabert-Sanchez: At this point, it's what you have, and -- if you want the clarifications or to go through each item -- Chair Sanchez: All right. Ms. Gelabert-Sanchez: -- I would be more than happy to do so. Chair Sanchez: There were some -- there -- were there five conditions or five --? What were the five things that --? Mr. Hernandez: It's -- Chair Sanchez: You want to put them on the record? Mr. Hernandez: Ana, will you please put them on the record, the six -- Chair Sanchez: Just put those -- Mr. Hernandez: -- categories? Ms. Gelabert-Sanchez: Yes. Chair Sanchez: -- five elements in the record. Ms. Gelabert-Sanchez: There were seven categories, and I'll -- one, "Clean-up/Language Clarification," second, duplicate -- Vice Chair Spence -Jones: Is it -- Ana, do we have a hard copy of that? Ms. Gelabert-Sanchez: Yes, you do. That -- Vice Chair Spence -Jones: You just gave it to us right now. Chair Sanchez: Right here. Ms. Gelabert-Sanchez: Yes. Yeah. That's what I was saying at the beginning. You have it in your book. And what we did this last thing was just to follow our discussion. It's the same issues. They haven't changed. They're the same 30-some. We just rearranged the order to try to put them in the categories just to follow the discussion. That was the purpose. It was actually to City of Miami Page 155 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 make it easier. That's what it did. Again, the first one is -- and what you have also in front of you, under the categories, we put the items so you can also go back to the item and see what it is that we have. On "Clean-up/Language Clarification, Duplication" -- that's the first; second, "Duplication of Efforts; Financial Impacts; Not Required by the State of Florida, Department of Community Affairs"; third, 'Already dealt with by the Zoning Ordinance "; fourth, "Too Specific/Restrictive as to Commission Duties and Obligations "; fifth, "Too Specific/Restrictive and Limits Planning Staff Analysis and Commission Policy Action", and last, the "Miami River Sub -Element" which the -- we have submitted on the Exhibit B, which is also part of your package, the Administration proposed Miami River sub -element. And there are some items that also -- we've also clamed that we don't agree because they're different from what the proposal of the Miami River sub -element. That is my presentation. Chair Sanchez: Ana, put the five resolutions did not -- that did not make it into the PA book. Put them on the record. Ms. Gelabert-Sanchez: I will do that. Hold on a second. Chair Sanchez: Please. Mr. Ruck: Harold Ruck, with the Planning Department. The five resolutions would be PAB 08-014b. That's the revised that deals with PA-3.3. You'll be able to find that in page 67 of your document. And then there's PAB-08-014s revised. That's land use policy 1.3.10; you can find on page 6. There's PAB-08-014t revised, and that is for land use policies 1.5.3 and land use policy 1.5.4; both found on page 8. Then there's PAB-08-014u. That's Goal LU.1, which you can find on page 1, and PAB-08-014v. That's interpretation of future land use, found on page 22. Thank you. Chair Sanchez: All right. So what we'll do right now is we'll open it up to the public -- Commissioner Regalado: I'm still waiting. Chair Sanchez: You have questions for the Administration? Commissioner Regalado: Yes. Chair Sanchez: Okay. Commissioner Regalado has questions for the Administration. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you, Mr. Chairman. Help me understand here, you said -- well, number one is it by state statute the most important role that Planning Advisory Board have is the comp plan, right? That's -- well, according to state statutes, they have to do. That's their main thing, other than do what we do here in terms of different projects, right? Ms. Gelabert-Sanchez: They have to review and make a recommendation to you. Commissioner Regalado: That's right. That -- it's described. If you go to the statute, it's described, the Planning Board. So I cannot understand how can you miss five votes? How can anybody -- because you have a City Clerk, you have an attorney, you have TV (television) running, you have staff. If you miss five votes on a Planning Board meeting, you could miss five votes at the City Commission level, and -- Ms. Gelabert-Sanchez: IfI may. What -- andl have Teresita Fernandez here from the Hearing Boards office. The way it happens -- and she will probably do -- she can -- Commissioner Regalado: But it's not about the Hearing Boards. City of Miami Page 156 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Gelabert-Sanchez: Well -- Commissioner Regalado: It's about the Planning staff. Ms. Gelabert-Sanchez: No, not at all, sir. Because what happens is what is taped here -- what we get is after the meeting happens, there's Hearing Board staff that listens to the tapes and prepares the resolution, who, in turn, sends it to us. So that's what happens. So it's they hear it, they use the tape recorder and the tapes; listen to it, prepares resolution, and then brings it down to the Planning Department -- Commissioner Regalado: So there wasn't anybody -- Ms. Gelabert-Sanchez: -- and that's what happen. Commissioner Regalado: --from the Planning Department attending that meeting? Ms. Gelabert-Sanchez: No. There were -- in the meeting, sir, yes, but it's -- there were -- the meeting, as I'm sure you know already, also lasted until 1: 30. The meeting -- there was Planning staff. We heard the tapes, but officially, the Hearing Boards office records the resolutions in order to go not by memory or not be someone writing something that may be off so that's why we need the tapes, and that's what the function of the Hearing Boards office. Commissioner Regalado: Andl understand that, but it -- this is so important. Ms. Gelabert-Sanchez: It is. Commissioner Regalado: That is next day --I mean, I understand that it's 1:30 a.m.; it's late, but that's the way it goes. Sometimes we stay here until 3a.m., and so -- I mean, that's public service. Chair Sanchez: Hopefully, not today. Ms. Gelabert-Sanchez: And that is public service. Andl just want to clarify, it's not -- Commissioner Regalado: So it's not wrong to stay until 1: 30 a.m. Ms. Gelabert-Sanchez: Andl did not say that. What I'm saying to you is that the -- we do not depend on someone taking notes because that would not be the way to keep the record officially, so at that time, there were many resolutions that were passed. We work -- the Planning Department was here, the Hearing Boards were here, the consultants were here and we were taking notes. But the official document and the resolutions that this department receives are those that are done through the Hearing Boards office because they listen to the tapes. Commissioner Regalado: I understand. Ms. Gelabert-Sanchez: We do not want to rely on what we thought someone said. Commissioner Regalado: The fact is -- and this is not about Hearing Boards -- the fact is that ten minutes ago they gave me this book and somebody from your staff said "oh, it's just that we miss five resolutions, and it's included here, " so five resolutions were missed. The second thing that want to understand, you said we want to bring it to you on the last meeting in July because if not, we're not in compliance. You know, the -- I -- you are in the Mayan -- in the calendar of the Mayans, you know. But 24th of July, that would be the second meeting of the Miami City Commission. That's less -- it's exactly one week to the end of the month of July. We don't meet City of Miami Page 157 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 in August, at all, nor the Planning Board, not the City Commission. Suppose that DCA decides to take more time? That really would put us back in September or October, but September we have the budget; in October we have the budget, which is more important in terms of immediately because we need to comply with the budget. The whole thing is that, you know, ten minutes ago we get a book. Yesterday we get a briefing that nothing is going to change. The City Attorney some -- told me, well, there will be two versions. Then the Manager says there was -- going to be only one version. Now, the other question that I have is, you disagreed with 32 issues that the Planning Board has. Now, with how many you agree? Ms. Gelabert-Sanchez: I believe 371. Commissioner Regalado: No. No, no. Originated by the Planning Board. Those 300 were not placed there one by one by the Planning Board. I guess that there was -- Ms. Gelabert-Sanchez: No. Commissioner Regalado: -- a basic product, but they didn't originate three hundred and -- they couldn't, so what I'm trying to say is when they got their product or their agenda, as we do, and - - they must have voted in maybe 40 resolutions -- Ms. Gelabert-Sanchez: No. Commissioner Regalado: -- 50 resolutions? Ms. Gelabert-Sanchez: The 371 was a combination. It's ultimately document. It's approved by Planning Advisory Board. There's some -- andl can go and count them. I don't have them. I don't remember the top of my head how many, but it was input from -- also from the community. There were input from the community meetings we had -- Commissioner Regalado: I understand. Ms. Gelabert-Sanchez: --from MNU (Miami Neighborhoods United), so -- Commissioner Regalado: Ana, I understand that, but -- Ms. Gelabert-Sanchez: Yeah. Commissioner Regalado: -- my question was when they got their agenda, there was a lot written all ready. Now, the question that I have and the point that I'm trying to make is that you say that you disagree with 32. To me, 32 is a lot of recommendations. And l just want to understand how many do you agree with, other --? The ones that they come up with. I guess that these 32 they come up with, so you disagree with them. So other than that, what do you agree with? And that's what I hope we can hear from members of the Planning Board here. Ms. Gelabert-Sanchez: Yes. I just would like to clarify when you say 32, it seems 32 different things, different issues. That's why on the presentation, what we were attempting to do by separating seven different categories is because a lot of them fall on the same, andl give you the example of the Parks element. Just because that probably is the issue of -- if you count them, there might be -- and -- if you give me a second, I can -- I believe there's ten of them; so of those 33, 10 of them might be the parks. Again, the issue is not the parks open space element. The issue that we had is because they had dates, and that was not what this Commission approved. So the reason why we put them in categories it was because it could be misleading to say, well, I have 32 issues that I don't agree, when, in reality, they really fall under the categories. Like I said, ten of them may be just dates on the parks open space. Does that change the parks element? No, it does not. It just has dates that we felt it was not what you had approved, and City of Miami Page 158 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 that's the reason we were saying we disagree. And like that, I can go. The first one on the clean up, on the language clarification is item 13. If you look at it, it's -- it talks about HO.1, HO.1.1, and it's a simple one. What is proposed language on the Planning Advisory says, as those terms are defined by HUD (Department of Housing and Urban Development). We, the Planning Department, checked with Community Development and they gave us the language that would be more appropriate, which says in accordance with the current standards and regulations of HUD and the State of Florida, again, it's a simple language clarification, so to say well, we do not agree, it's just a way of saying, if the Commission would agree or vote with modifications, there are modifications; so again, is that a disagreement on the main issue? I don't think so. I think it's a language correction. And the -- and there's other ones where the City's presentation on the Miami River element, we have a view that is different If you count how many things were said that we do not agree -- so, again, it's one issue. So that's, I think, what we were attempting to do by putting in categories. If you think about it, there might be seven issues that we might have a difference of opinion, not 32 issues, which may sound misleading; so that's -- just want a -- point of clarification. Commissioner Regalado: Thank you, Mr. Chairman. Chair Sanchez: Thank you. Teresita Fernandez (Hearing Boards): Mr. Chairman and members of the Commission, I would like to clam -- Chair Sanchez: Point of clarification. All right. Ms. Fernandez: Oh, my name is Teresita Fernandez. I'm the director of the Hearing Boards. I would like to clam that out of those five resolutions, four were revised and only one was missing. The other four you had in your package since Friday, and they were revised. Chair Sanchez: Okay. All right. Now what we'll do is we'll open it up to the public. How much time are you going to need, Mr. Hadley? Unidentified Speaker: Ten or fifteen minutes, please. Chair Sanchez: Okay. We'll follow with Counsel Brigman [sic]. How do you want to handle this? Who will speak --? I'm trying to get a process here so we could try to -- who will follow you, Mr. Hadley? Hadley Williams: Bob will be after me. Chair Sanchez: Who? Bob Powers? Mr. Williams: Yes. Chair Sanchez: Bob, five minutes? Is that enough? Bob Powers: Yes, sir. Chair Sanchez: Okay. Mr. Hadley, we'll go ahead and start with you, followed by Bob Powers. And when do you want to toss in, Mr. Brigman [sic]? Andrew Dickman: Andrew Dickman, for the record. I was just going to suggest -- I know Mr. Bibeau, from the River Commission, said he's got a medical emergency in his family, so I was going to see if he could go before us so he could leave. He -- I think -- City of Miami Page 159 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: All right. Mr. Dickman: -- he only needs about a minute or two. Chair Sanchez: All right. Okay, Mr. Hadley. Priscilla A. Thompson (City Clerk): Chair? Chair Sanchez: Fifteen minutes, sir. Ms. Thompson: Excuse me, Chair. Before you start, may I request of you that we can find out if we have anyone that needs an interpreter, either Spanish or Creole? Chair Sanchez: Does anyone need an interpreter? Someone -- anyone needing a trans -- an interpreter? Okay. I guess not. Ms. Thompson: Thank you. Chair Sanchez: Okay. All right. Fifteen minutes, once he gets this going. Mr. Williams: My name is Hadley Williams, 2441 Trapp Avenue. Chair Sanchez: All right, it's up. Mr. Williams: I am the head of the MNU team concerning the comprehensive plan amendments. First of all, I'd like to clarify several things. One, we have spent a great deal of time working with the City, and many of the requests that we had been working on have been accepted, as I think everyone knows the parks master plan, we spent a great deal of time and we have great respect for the master plan that was passed and we also recommended that the same firm be used to incorporate in the comprehensive plan, and the City has done that, and we're very pleased with the results. There are many other modifications that we requested that were made. Quite a few did go before the PAB and were incorporated by the PAB, and there were some differences there. But mainly, we'd like to go back to the fact that back in 2004, when MNU really became organized, we organized largely to focus on the EAR process, and there was a great deal of interest in the formation of MNU, which ended up being over 20 different neighborhood associations because of what was happening around the City with what most citizens concern uncontrolled growth, and we have embraced Miami 21. As you know, we've spent a lot of time and effort. The issue is, as Commissioner Spence -Jones said, it boils down to three things. That all affect how the growth is being planned in the City and incursions and protections of the neighborhood in a more effective manner. We've been working with Miami 21 doing the first east quadrant, and we have been suggesting a lot of neighborhood planning activities, and that's one of our three major elements. But we are concerned that four years have gone by since the Commission started looking into the issue of growth that was really concerning the citizens. Congestion on the streets that's really concerning the citizens. So aside from a lot of the small things that we have worked with the City, we've been requesting all along to find some solutions that can help manage where the growth is going, where the infrastructure's going, and protect this -- the neighborhoods while the detail plans are happening. So we have made a proposal, which has detailed language amendments, which you have before you, in the land use element, in the land use map element, and we have written a brief neighborhood's element because we believe, as has been done in many other cities, the neighborhoods deserve an element to go forward, which recognizes the importance of our traditional neighborhoods to our City, especially now as we're going through difficult economic times. I know that the Chambers of Commerce and others, employers in the City, are very concerned about how to attract good staff to the City ofMiami with the chaos that's going on in the housing market. Our traditional neighborhoods are a huge asset, especially for the young 30 year olds that are starting families. We can attract good professionals to this City if we take care of our City ofMiami Page 160 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 neighborhoods. So the three issues that we are addressing are basically the neighborhood issues and putting growth for the next two or three years or four years or five years where it should be. So we're starting off by looking at where is the transportation infrastructure, which also is the water and sewer infrastructure. We met with the Water and Sewer at the County, the Transportation people, and this is one of the studies that has been done as far as transportation infrastructure, looking at the sizes of different roads that basically are supporting downtown. That is where transportation -- public transportation is being planned So when we look at the rest of the City, you see the red is much less overcapacity, sorry. Red is overcapacity; blue, looking at the year 2025, the projections is that there will be capacity downtown on the road ways because of public transportation and higher density. But in the rest of the City, in our outlying neighborhoods that many of you are Commissioners for, we have overcapacity today and it's going to be continuing into the future, which is no surprise. So we're trying to address those issues and say let's look at a broad brush, how can we take a couple of steps that will help in the planning -- will help with whatever neighborhood plans and Miami 21 going forward by taking some actions today. So we have worked on a neighborhood -type map that is going to assist us in reducing what is currently the whole City is designated as a transportation exception area. We have talked with DCA. We've talked with the County. It is not necessary to have the whole City designated as a transportation exception area. So our recommendations are based on looking on a macro basis, where are the areas in the City that have high density; that the plans are in place for high density; the transportation is planned; the sewer and water is planned --? This map has been prepared with input from our neighborhood associations and some of the Commissioners. This is a work in progress. We would be very happy to hear from Commissioners that believe that there should be medium or high density in certain areas within their districts for generating employment, et cetera, that could be transportation hubs with express bus service to downtown or to Brickell, but our major effort here is to say let's identify the lower density traditional neighborhoods. And so our approach was let's identify the high density where there's no question that there should be high density with transportation, and then say everything else, excluding GI (Government/Institutional) and parks, et cetera, should be considered for now as traditional low -density neighborhoods, and we can then improve the comp plan and improve some protection to the neighborhoods. So the details wording in our proposed amendments are to deal with protection of the neighborhoods once we've identified the neighborhoods that we can consider lower density. Now, a second part of our proposal has to do with mixed -use applications. The current Zoning Code has requirements in the design guidelines to have context -- buildings being redeveloped would be in context with the neighborhood. That has been the course of a great deal of friction, as everyone sitting on the dais is well aware. That is where neighborhoods are getting upset with incursions in the neighborhood and high rises that increase property taxes in their surrounding areas, and so we are trying to identify -- we can have three-story, thirty -five-foot mixed use, accomplishing the goals of smart growth along the corridors, but not on a willy-nilly basis. We're asking this Commission to say let's agree on a broad brush basis that a great deal of the City should be designated traditional neighborhoods, and they should be allowed the protection of growth in context by establishing, in effect, a new Zoning Code very similar to what has been proposed by consultants; the same thing with a five -story. A five -story mixed use where there's already medium density that obviously should be built out to a five -story as well. Other things -- other properties where there's already high rises, then they stay the way they are. So what we're really looking for is control and context as a policy decision that this body can make that really nobody else can make and will address the issues of the citizens for the next two or three years while the detailed planning is going on with Miami 21 and other neighborhood plans that have to be done, includingMetrorail stations, 27th Avenue, and other Metrorail stations need a neighborhood transit node plan that will be developed specifically for each station. So we have made a review because of the problems of the word "neighborhood." The word neighborhood appears throughout the comprehensive plan, and in many cases, it does apply across all kinds of neighborhoods, high density, low density; but there are areas where it's very confusing. So we have an example here ofLU.1.3.15 that with the recent amendments that have been agreed upon at the PAB and are being recommended, the City will continue to encourage a develop pattern City of Miami Page 161 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 that enhances existing neighborhoods by developing a balanced mix of uses, including areas for employment, shopping, housing, recreation in close proximity to each other. Now, the way that's written, that applies to traditional, low -density neighborhoods, and that is incorrect. It's just -- why do we need that? So our recommendation is we change that policy and say that applies specifically to areas of mixed density and high density, and it's very appropriate, totally appropriate; but let's add, for the lesser density traditional neighborhoods a balance of uses, mixed use in the three-story or five -story zoning codes. So we're trying to tailor the comprehensive plan to policies that differentiate and, therefore, better state the goals of the City to put in mixed use where it's appropriate and control it for the neighborhoods, traditional neighborhoods. We also appreciate the fact that the City did put in a new goal as far as neighborhood planning. However, we drafted one that we have submitted several times that we feel is more encompassing. It is setting general policies, and it is not specific for now. The intention is that, as neighborhood plans are developed over the next two or three years, that they will be incorporated in the neighborhood element. Many cities throughout Florida have neighborhood elements already that provides specifically for the history and the traditions of different neighborhoods. So we would request that our version of the more expanded neighborhood element be implemented and accepted and adopted instead of the two or three little policies that the City has added. So overall, what we're recommending is that -- all of you have received already copies of our detailed recommendations, why we change this word and that word. We are hoping that you can see fit to understand that we're suggesting to bring some protection and clarity to the traditional neighborhoods that they have been asking for for four and five years, and if we don't make this change now, it's not going to occur for another three or four years. So our amendments provide for a protection against intrusions, development of traditional neighborhoods in a proper method, concentration of the new higher density, if there is any going to be built in the next three or five years. Imagine now, we have the portability of the -- what is it? Unidentified Speaker: Real estate taxes. Commissioner Sarnoff Taxes? Mr. Williams: Right, the tax. Chair Sanchez: Real estate. Mr. Williams: So what happens in many cities is when empty nesters, the children move away, there's a natural migration to condos, and we are going to see, I guarantee, a significant migration of people that have been sitting in their bigger houses in the outskirts not only in the City, but in other parts, that they want to move into condos, and as the market sorts itself out, what we do not need is more high rise condos on transit corridors where 99 percent of the people there are going to have two automobiles and dump right into those same corridors that are always already full. Why can't we change things now so that any of those that are going to be developed in the next three or four years are going to be in the appropriate place? The same thing mentioned before, taxes. There's been a lot of problems with real estate taxes. When a high-rise goes up, all the surrounding properties, their appraisal values are raised to the highest and best use. If we implement our suggestions on a broad -brush basis, while neighbor plans are being done, then that will be curtailed and resolve a lot of issues that a lot of people have. Now, I did put in a slide here that we are concerned that a lot of the recommendations that were made by the PAB in the comments handed out by the City in areas specifically addressing our issues, the City is again recommending removal. So just to close, as far as scheduling, we understand there's scheduling issues, so our request is to incorporate the PAB and our modifications as is for now, post them so that they can come back to the PAB because these would probably be considered material changes, so post them for public review, let the public come back to the PAB with scheduled notice, et cetera, scheduled for May 21, come back to the City Commission on May 22, and it can then go out to DCA, and DCA has its 60 days; will be up by July 28, and this City of Miami Page 162 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 will still be time for a Commission meeting, to have it up in Tallahassee by the middle of August. Chair Sanchez: Thank you. All right. Would the Administration want to address some of the statements made? Would you like --? Cathy Sweetapple: Yes, Chairman. Cathy Sweetapple, transportation consultant for the City of Miami. Thank you. We just wanted to bring out three major concerns with this information that has just been presented to you. The first and foremost is that this information has not been through a public process. The maps and the terminologies have not been reviewed by the public, and therefore, we have great concerns over that. The second is that these maps had been prepared based upon severely outdated information from the Miami -Dade County. Miami -Dade County is currently working with the LRTP, Long Range Transportation Plan, 20/30, which was adopted by the MPO (Metropolitan Planning Organization) in December of 2004. Mr. Williams presented maps from 20/25 that were from the 20/25 long range transportation plan that was done five years before the 20/30, andl want to point out that the MPO is in the process now of updating the 20/30 long range plan to the 20/35. They go through this process every five years to update their long range plans so we would not want you to base any map series on outdated information. The third point is that we have in policy LU.1.1.13, found on page 3 of your document, a policy to study the urban infill area. The Planning Department has recommended that that policy move forward This allows the City to do a comprehensive analysis of the urban infill area to look at all areas included and to evaluate the appropriateness of the lands to be inside the urban infill or whether they should be removed from the urban infill. It's a study that looks at the advantages and disadvantages of this urban infill designation. So thank you very much. Chair Sanchez: All right. Bob Powers, you're next. Vice Chair Spence -Jones: Can I just ask Hadley something about this map, though? Chair Sanchez: Sure. Vice Chair Spence -Jones: The transportation nodes that are on here now -- maybe you can answer. The transportation nodes, you were mentioning that the maps were out of date? I'm -- actually, I'm asking you. I'm sorry, ma'am, what is your name again? Ms. Sweetapple: Cathy Sweetapple. Vice Chair Spence -Jones: Cathy. Are you saying that this particular map is out --? Ms. Sweetapple: I'm saying that the infrastructure maps that they showed on their PowerPoint were from the 20/25 long range plan, and those are severely outdated. Vice Chair Spence -Jones: And this one right here? Ms. Sweetapple: Well, I don't -- you know, this is their map. If they have located nodes which are consistent with the Metrorail stations, then those are simply the Metrorail stations -- Vice Chair Spence -Jones: Okay. Ms. Sweetapple: -- but -- Vice Chair Spence -Jones: Hadley, are these the Metrorail stations? Mr. Williams: Yes, they are. City of Miami Page 163 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Okay. Only those (UNINTET,TIGIBT,F). Mr. Williams: May I ask a question? Does the transportation specialist believe that the new plans are going to show anything materially different as far as downtown than what is in the documents that were handed out? Is 20/30 going to be materially decent from 20/25? Rafael Suarez -Rivas (Assistant City Attorney): Well, I just -- Ms. Sweetapple: Well, 20/30 already exists, and -- Mr. Suarez -Rivas: -- wish you address the questions through the Chair because this is a legislative item. Chair Sanchez: All questions must go through the chair. We know that. You guys were here -- you guys know the deal. You guys know the rules. All right. Vice Chair Spence -Jones: The only reason I asked is because I know that on 62nd Street, which is in my district, and 7th Avenue, I know that that is a transportation hub. Ms. Sweetapple: That is correct, and they have a transportation hub in the long-range transportation plan for -- Vice Chair Spence -Jones: So it's just not -- Ms. Sweetapple: -- 62nd. Vice Chair Spence -Jones: -- the reason I ask is because it's not -- so then it's not just Metrorail stations then? Ms. Sweetapple: I've not studied the map in great detail. Vice Chair Spence -Jones: Okay. Ms. Sweetapple: I know that the 60 -- Vice Chair Spence -Jones: It's not on there. That's what I'm trying to say. It's not on -- Ms. Sweetapple: Well, that would be a shame -- Vice Chair Spence -Jones: -- this map. Ms. Sweetapple: -- then. Thank you. Commissioner Regalado: I have a question. Commissioner Gonzalez: Mr. Chairman. Commissioner Regalado: Transportation. Chair Sanchez: Okay. Commissioner Gonzalez: I do have a comment. Commissioner Regalado: Transportation. City of Miami Page 164 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: All right. Commissioner Regalado: Transportation. Chair Sanchez: Question on transportation, Commissioner Regalado; then we'll have Commissioner Gonzalez with a comment. Commissioner Regalado: What you are recommending -- thank you, Mr. Chairman -- is that the whole City remains as a transportation area -- Ms. Sweetapple: We are -- Commissioner Regalado: -- reception area? Ms. Sweetapple: -- we have written a policy to examine the urban infill area -- Commissioner Regalado: Okay. Ms. Sweetapple: -- at the request of the public. They have expressed concerns, and we have recognized that this is an issue that should fairly be studied so that the appropriateness of all land area in the urban infill can be evaluated on its merits, advantages and disadvantages. Commissioner Regalado: But the way it's going to go to DCA is that the City should all be a transportation reception area, right? Ms. Sweetapple: Well, it is that today. And remember -- Commissioner Regalado: I understand that. Ms. Sweetapple: Yeah. Commissioner Regalado: I understand, but my question is the first draft that will go to DCA, it would not be what MNU is recommending, which is only allowing density and not in residential area, but the whole City as a transportation reception area. That would be the draft that will go to DCA, right? Ms. Sweetapple: Well, this has been in place in the City ofMiami since 1994 (UNINTELLIGIBLE) the entire City. Commissioner Regalado: I understand, but I'm just asking if that is what -- it would go in the first draft to DCA? Ms. Gelabert-Sanchez: To clarify, the -- one of the recommendation was for the City to study -- andl believe the -- it says that two years from adoption that the City should have done a study to see about -- study the urban infill area. That is going to DCA. That is still in the plans, so that is going to be one of the recommendations that we've accepted. Commissioner Regalado: But it's -- skips two year -- Ms. Gelabert-Sanchez: Yeah. Commissioner Regalado: The -- Ms. Sweetapple: As -- City ofMiami Page 165 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Regalado: What I'm trying to determine is how can you decide that residential areas should also be considered within the transportation issue, if we don't have any control as a City -- Ms. Sweetapple: Well -- Commissioner Regalado: -- of any means of transportation? And give you two examples right now. One week ago, the County Commission cancel 16 routes; two of them within the City of Miami; one in Flagami, one in Allapattah. It reduce the services of another two within the city limits of the City ofMiami. So we are being downsize, because of budget constraints, by the Metro transportation department. Now, this was a week ago. Today we know that in the last five month, the half a penny transportation revenues has been reduced by $2.7 million, which the County's taking a hit and so the 31 municipalities that get the -- their revenue from the half a penny transportation. Not only that, the CITT (Citizens Independent Transportation Trust) is allowing to use some of the money to buy fuel, which is a hardship for the County and for the City, but especially for the County, for the transportation. So what this mean is that what we are looking at is a huge cut in transportation revenues for the County, but also for the City. So we need to just take a breather, you know, on saying, oh, we going to have -- we're going to plan downtown with no parking because people need to use public transportation, or we can do thousands of buildings in Coral Way because there's going to be a Metrorail line somewhere along the line. The reality that we are facing today -- and this is not 2020 or 2035; it is today. You know, they will be using a lot of millions from the hundred millions dollar of the half a penny tax to buy fuel, and this will, in turn, derail many, many, many projects already on the pipeline -- Ms. Sweetapple: Yes. Commissioner Regalado: -- so I just wanted to say it because I know you understand. I have spoken to you. You do understand transportation, but I just want to understand how can we plan if we don't know what's going to happen? Ms. Sweetapple: Well, good questions. Two excellent points. And l just want to point to you page 50 is transportation policy TR-1.1.1. I just want everybody to realize that your current goal -- current policy requires that you maintain transportation levels of service within the designated urban infill area, and these shall be in accordance with your adopted transportation corridors level of service standards. We are not turning our back on anything. In the plan today, it requires that any properties developed within the urban infill area maintain the adopted level of service standards. Now, the second issue with transit, you're absolutely correct. I met with transit. I was in meetings with them on Monday afternoon, and they will tell you what their route adjustments -- they don't like to call them reductions; they're route adjustments -- for this year. They have -- they are cutting back on service because of the price of fuel. I did not know they were going to be using CITT dollars for fuel. However, I can tell you that what is interesting is we were trying to, on another project, provide capital improvements to Miami -Dade Transit, and we said well, why couldn't -- we could buy you a bus. And they said, look, we have route adjustments. We have plenty of buses. We need the fuel to run the buses. And it is a cost issue that they're dealing with now. They are still planning five years from now in their yearly updates to their transit development plan. Routes that they have taken out just today, they are still putting back in in their following year plan, so I don't know what they're going to be doing next year, and we don't know how this will shake out. But you raise good points. But I just wanted you to be assure that while we are studying the urban infill, we have a requirement that we maintain adopted level of service standards. Commissioner Sarnoff. So could you answer his question? City ofMiami Page 166 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Sweetapple: Yes, I did. Commissioner Sarnoff. Well, I don't think you did because you said you're going to maintain the level of service. Now -- Commissioner Regalado: Right. Commissioner Sarnoff. -- define the level of service. Ms. Sweetapple: Well, it means, Commissioner -- Commissioner Regalado: Yeah, you can. Ms. Sweetapple: -- that if a project comes through and request approval at the City ofMiami -- Commissioner Sarnoff. Right. Ms. Sweetapple: -- they must show that they comply with adopted level of service standards -- Commissioner Sarnoff. What is -- Ms. Sweetapple: -- as they do today. Commissioner Sarnoff. -- the level of service? Ms. Sweetapple: Each roadway corridor has a different level of service based upon its characteristics. If they have no transit service, it's adopted level of service E. If they have -- if it is a roadway within a half a mile of transit service at 20-minute headways, they go to E plus 120. If it is a roadway within a half a mile of premium transit, which is rail, or express bus, it's E plus 150. It's in the comp plan today. It was in the comp plan before we started the EAR. It's in the County's comp plan with exactly those same standards. Commissioner Sarnoff. So if that development were on Flagami, where they're going to have a rerouting, also known as a reduction, would that mean their level of service --? Commissioner Regalado: No. They call it adjustment. Commissioner Sarnoff. Okay. With that adjustment in mind -- reminds me of Home Depot. Commissioner Regalado: Yeah. Commissioner Sarnoff. Home Depot just turned around and said we're having 16, you know, reductions. It was great. You should have seen the news on that. But any rate, let's talk straight. So if, in fact, Flagami had a reduction in service, would then that developer then have to understand that there's now been a reduced service level and he would not, somehow, make the EAR or the -- Ms. Sweetapple: If -- Commissioner Sarnoff. -- you know, master plan? Ms. Sweetapple: -- there was a developer seeking approval and they were within a half a mile of a route that was discontinued and that route was previously operating at 20-minute headways, meaning three buses an hour or better, and that went to two buses an hour, which is now 30 minutes headways, and they were relying on this E plus 120 for approval, then they would have a City ofMiami Page 167 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 problem. Yes. Commissioner Regalado: Yep. Ms. Sweetapple: But that's in your plan today. Thank you. Commissioner Regalado: Yep. That's what I wanted to -- Chair Sanchez: All right. Mr. Elvis Cruz, five minutes, sir. Elvis Cruz: Less than that, Commissioner. Chair Sanchez: All right. Mr. Cruz: Thank you. Chair Sanchez: You'll be speaking on the neighborhood -- Mr. Cruz: Neighborhood -- Chair Sanchez: -- elements? Mr. Cruz: -- element, yes, sir. Chair Sanchez: All right. Mr. Cruz: Elvis Cruz, 631 Northeast 57th Street. Commissioners, as you know, Miami Neighborhoods United has been working diligently on the EAR for several years. We have a number of member representatives of different associations from across the City here, and I'd like to ask them to all stand and be recognized at this time, everybody with Miami Neighborhoods United. And so as to not take up too much time, I won't mention each neighborhood that they represent, but I'm sure you'll recognize many of them from all across the city. We've learned a lot in this process. Our first impression of the Miami Comprehensive Neighborhood Plan is that it is hazy, vague, and aspirational, and short on hard substance. We saw that even though it is named the Miami Neighborhood Comprehensive Plan, it did not contain an element on neighborhoods. We wanted it to contain specific, measurable, and objective language to protect neighborhoods, but we were told the comp plan can't do that. We wanted to learn more about the process, so we took a field trip to Tallahassee, and here we are in Tallahassee. Chair Sanchez: Hey, hey, hey, hey, hey. Commissioner Regalado: You were there. Mr. Cruz: I was there at DCA. We had four hours of meetings with State officials, including DCA, and we learned a lot, including you can certainly have specific, measurable, and objective items in the comprehensive plan. The State officials had never heard of gross lot area. They knew of no other city in the country that uses it. They are aware that the City does not have the ability to provide infrastructure for everything allowed by the land use map. They were surprised to learn that the entire city is considered a traffic concurrency exception area. They were puzzled by the person -trip methodology. They knew of no other city in the state that uses it. And at this point, following Ms. Sweetapple, are you all familiar with the person -trip methodology? I can explain it to you briefly, if you'd like? You're familiar with it? Commissioner Regalado: Yes. City of Miami Page 168 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Cruz: I'll explain it to you briefly. Coral Way, Commissioners, who we're all very familiar with, is rated "F" by the Florida Department of Transportation; meaning, it is beyond capacity. I don't have to tell you that. You know it gets clogged every weekday afternoon. However, using the person -trip methodology, which is only used by the City ofMiami, is not beyond capacity because people could be taking the bus, because people could be riding their bicycles; because people could be walking on the sidewalk. How realistic is that? We feel it's completely unrealistic, but you be the judge. The State officials also confirmed that it indeed the private citizenry, and not the City nor the County nor the State nor the Federal Government that enforces the comprehensive plan. We came back home and we decided that the Miami Comprehensive Plan needed an element on neighborhood protection so we wrote one, and you have all been given a copy of it. It is a collection of what someone might call Miami's greatest hits for protecting neighborhoods. Meaning, we compiled it by putting together different items from the comp plan itself from various master plans, from City Planning Department literature, from the Zoning ordinance, and from past City Commission rulings and comments. This is an excellent document for fulling the very first stated goal in the comprehensive plan, which is maintaining a land use pattern that protects and enhances the quality of life in the City's neighborhoods, protecting and preserving residential sections within neighborhoods, and protecting the integrity and quality of the City's existing neighborhoods. That all sounds wonderful, but without specifics, it is an empty promise and flowery rhetoric. MNU's proposed neighborhood protection sub -element will accomplish those goals, andl urge you to pass it. I would be happy to walk you through each of the items. That would take a lot more than my time. Thank you. Chair Sanchez: Thank you. All right. Bob Powers, next speaker. Mr. Powers: My name is Bob Powers, as you know. I know most of you because I've seen you in the MiMo (Miami Modern) District. I'm also the vice president of the MiMo Biscayne Association, as well as the president of the Palm Grove Neighborhood Association, which is the neighborhood directly to the west of Biscayne Boulevard and as a mixed -use neighborhood. And we support this wholeheartedly. I've worked on this with Hadley and a lot of these guys, and we've worked on this for quite some time. The thing here is this, is that all it is is about bringing a little bit more detail to something that's already been written; and to make sure that our needs are met. You know, we don't live in an area that can continually to just build without taking into account where its water is going to come from, how our roadways are going to be handled, and how our transportation's going to -- we just can't continue to do it. You know, it's foolhardy to even think that we can continue to do -- to operate this way. It's a -- to bring a level of impeccability, I think, to something that's already been written and to add a little bit more attention to detail. I certainly hope that you'll take some of these things into account and pay attention to them. Andl thank you all for doing this. Thank you. Chair Sanchez: Thank you, Bob. All right. Brett, you got to get going? You got a family emergency? Come on up. Vice Chair Spence -Jones: I think Wendy actually was -- oh. Wendy Stephan: We have a PowerPoint here. Ms. Sweetapple: Mr. Chair, ifI may? Before we go any further -- Chair Sanchez: Whoa, whoa, whoa, whoa, whoa. How long is this PowerPoint? How many PowerPoint presentations are we going to have? Ms. Stephan: Three slides. I just -- it's within -- City ofMiami Page 169 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Three slides? Ms. Stephan: -- like five minutes. It's definitely within the five minutes. Chair Sanchez: Okay. Yes. Ms. Gelabert-Sanchez: We just wish if we could clarify the -- two things, at least, that were brought, the person -trip methodology that I could ask Cathy to be able to explain, and then another clarification when it was said gross lot area. That is the Zoning ordinance. That is not the -- Chair Sanchez: The EAR. Ms. Gelabert-Sanchez: -- Miami Comprehensive Plan, and l just want to clarify; different document. Chair Sanchez: All right. Ms. Gelabert-Sanchez: And if -- I'm sorry. Chair Sanchez: It's -- Ms. Gelabert-Sanchez: If Cathy would be able to just take two seconds and explain the -- Chair Sanchez: Okay. Ms. Gelabert-Sanchez: -- person -trip methodology? Chair Sanchez: Cathy, go ahead, and then we'll allow -- and then we'll get -- Brett, do you have to get going? You got a family emergency? We'll get you out of here. All right. Ms. Sweetapple: Yes. Commissioners, Cathy Sweetapple, transportation consultant for the City ofMiami. Two things: Department of Community Affairs approved the transportation concurrency exception area urban infill area from Miami -Dade County and fully knows that it was applied; that the City ofMiami adopted an urban infill consistent with the County because on DCA's web site, they show this; they footnote it; they recognize it. They recognize that the City of Miami's TTEA came from Miami -Dade County and the Commission approved it and the Planning Advisory Board approved it in 1994, and then modified it in the year 2000. A few other additional points. The person -trip methodology was approved in 1990 by this board and was approved by the Department of Community Affairs and continues to be utilized by the City of Miami. The City is updating the factors that are used in the methodology. It is a procedure where you take the capacity of roadways, plus transit, which are the two main components, and look at them as a whole. The Department of Transportation recently used that same approach to justify the managed lanes project on 1-95. They looked at the movement of people on 1-95 that would benefit from this project. And our recent conversations with the Department of Transportation on April 16 indicated that they still thought that this was an approach that was -- had merit, and they were using it themselves for very important projects in your area. Thank you. Commissioner Sarnoff. Cathy, on -- Chair Sanchez: Thank you. Commissioner Sarnoff. -- 95 they would only use cars as their counter, right? City ofMiami Page 170 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Sweetapple: They would -- Commissioner Sarnoff. Maybe a couple of buses. Ms. Sweetapple: -- the number of people in cars, correct. Commissioner Sarnoff. Right. They wouldn't use -- Ms. Sweetapple: Well, no. They would use the number of people in buses on express lanes on the Interstate, exactly the same as the City ofMiami's doing. Commissioner Sarnoff. And they wouldn't use bicycles and they wouldn't use pedestrians. Ms. Sweetapple: They wouldn't use bicycles or pedestrians on 1-95, and the City ofMiami allows the use of pedestrian and bicycle methodology; and in 2004, when they did their EAR data and analysis, they utilized the Department of Transportation's capacity analysis program for sidewalks and bike lanes, the City ofMiami did, separate from the person -trip methodology. Commissioner Sarnoff. Is there a percentage that we use that we think that exist, like for instance, on Biscayne Boulevard, do we presume ten percent of it moves by bike, five percent by car -- by pedestrian? Ms. Sweetapple: Commissioner, to be honest with you, in the studies that have done personally, I've never taken advantage of capacity of a sidewalk or of a bike lane. I've only used roadway and transit. It's more easily quantifiable. Chair Sanchez: All right. Wendy and Brett. Ms. Stephan: My name is Wendy Stephan. I'm at 101 Northeast 43rd Street, Miami. I'm here today to strongly support the inclusion of the multiple suggestions being made by Miami Neighborhoods United to the Miami Comprehensive Neighborhood Plan. In studying this plan, as we've mentioned, we found it to be sorely lacking critical elements and specific objectives. In particular, I'd like to emphasize the importance of including the points on the right to notice and public input in the comprehensive plan. These are policy LU.1.5.3 andLU.1.5.4 in our version. We were recently -- had some personal experience with fighting for this right in this city, and it has been what would describe as a terrible and ongoing battle. In the course of Buena Vista East recent law suit against the City, which ended when the judge determined that the high-rise issue had likely failed Federal court judge Marcia Cook commented there is evidence that the defendant's, the City's, practices do not conform with the ordinance as written and that the City does notify some registered associations some of the time. There does seem -- there does not appear to be a consistent notification process because of the confusion and controversy this practice can cause. Defendant should strive to reform their practice. I'm here today to tell you that notice and public input is way too important to leave out of the comprehensive plan. Chair Sanchez: (UNINTET,TIGIBT,F) just -- Ms. Stephan: We currently -- Chair Sanchez: -- let me interrupt you. You feel we haven't had enough public input? Ms. Stephan: I'm not talking about this issue. I'm saying on -- Chair Sanchez: Oh. Ms. Stephan: -- going -- City ofMiami Page 171 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Okay. Ms. Stephan: -- in terms of the future. Chair Sanchez: Okay. Ms. Stephan: In term ofMiami 21, for instance, we've seen what we've des -- would describe as a pullback on the process, not in the number of public meetings but in the process, in the guarantees of right to the notice of the application, right to notice of the approval, access to the appeal period; and that's what my slides will show. Chair Sanchez: Okay. Commissioner Sarnoff. And then you support the PAB's notice provisions? Ms. Stephan: ours -- the one in front of you that I've -- referencing in my letter has a few more words added. That's in the MNU version. It's in the MNU version. That's the same -- Commissioner Sarnoff. Not the -- Ms. Stephan: -- as mine. Commissioner Sarnoff. -- so the PAB did not adopt your version? Ms. Stephan: They adopted everything but two or three words, and Ms. Brenda Kuhns Neuman will be speaking to why we felt we needed those additional wording -- that additional wording. So this is the same as the MNU version. We believe that good planning is based on robust and regular public involvement and respect for diversity and history of the City's various communities. We know that one -size fits -all plans by experts do not succeed. I'd like to just draw your attention to the diagram. The current process of Class II Permit notice up through about 2005 -- this was the process that we went through and that was familiar and that was enunciated to us by various City officials. The boxes in green are explicitly written into the Code, so you've got a notice of application required and a 15-day appeal period in the Code. Then if somebody does pay their $500 to file an appeal, you can go before the Zoning Board, we can come before you, this body, or even to the District Court of Appeals if we -- if people want to pursue it to that point, and then they go to the final permit. The Planning Department's actual process, since about 2005, as enunciated in our recent court case, is that they believe they are not obligated to provide notice of approval. The approval begins the 15-day tick down. So essentially, they are bypassing not only my right and everyone else's right to appeal, but they're bypassing your appointed boards and you. When we had our instance that we were debating, we went to our Commissioner, and Commissioner Spence -Jones was very concerned with what had happened; and then she said yes, but when does this come before us? And had to explain, it never will. I didn't pay my $500, and now you don't get a say. This concentrates way too much power in the Planning Department, in my opinion. So this is the current process here, this red arrow; they can just zoom right by, including the 15-day appeal period because they are maintaining they have no obligation, under the Code, to tell us even when we have a request in writing for the notice of approval. Under Miami 21, they've dispensed with the whole process. They just add a sentence. They go through all sorts of wording about what they might possibly do. And then the last sentence says that failure to notifi, doesn't invalidate that decision. So, again, not only are our voices being cut out, but your voices cutting out -- being cut out too and the voices of your appointed board members. So this is the problem. This is why it needs to be in the comprehensive plan, protection. Barbara Bisno and others will speak on this issue, but this is a huge issue and it is not, in my opinion, an accident that that was the particular resolution of the PAB that didn't get into the version in front of you. It's appeal rights, appellant City ofMiami Page 172 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 rights, notice to residents. Thank you. Chair Sanchez: Thank you. Ms. Gelabert-Sanchez: Commissioner -- Mr. Suarez -Rivas: Mr. Chair. Ms. Gelabert-Sanchez: -- couldl clam something? Chair Sanchez: Yes, sir. Ms. Gelabert-Sanchez: Yeah. Mr. Suarez -Rivas: Just on a legal point. I -- this is not the forum to discuss the case, but the City ofMiami did prevail in that case; and the legislative body should consider that. Normally, things like detailed notice provisions and terms of that nature are normally addressed in a Zoning ordinance. Remember, please, that your comprehensive plan is like your Constitution; and going into that level of detail in something which has to go through many processes to change, it's -- I'm just saying that that is more customarily addressed, level of noticing, be it Zoning Ordinance 11000, be it Miami 21, your land development regulations. Thank you. Chair Sanchez: Ana. Ms. Gelabert-Sanchez: IfI could, just two things. One -- Commissioner Regalado: IfI can ask a question to the attorney, Mr. Chairman, just -- Chair Sanchez: Sure. Commissioner Regalado: How many times, ballpark, the Constitution of United States have been amended in details? Mr. Suarez -Rivas: There have been something like the right to vote, the equal -- there have been Chair Sanchez: Twenty -- Mr. Suarez -Rivas: -- 20, 22. I -- Chair Sanchez: --six, I believe. Mr. Suarez -Rivas: -- forget my -- Commissioner Regalado: Exactly. Mr. Suarez -Rivas: -- 26. Commissioner Regalado: Twenty-six amendments. Mr. Suarez -Rivas: I -- close -- excuse me. Commissioner Regalado: Exactly. Mr. Suarez -Rivas: Twenty -some amendments to the U.S. -- City ofMiami Page 173 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Regalado: Exactly. Mr. Suarez -Rivas: -- Constitution, sir. Commissioner Regalado: And the point is you just said that this is like the Constitution in terms of planning, so -- and nothing wrong with detailing some notification. In fact, it protects -- I mean, these people, Buena Vista, they went to court against the City. You spend a lot of time; they did a lot of time and money just because notification didn't work, just because of that, so why notification should not be within that comp plan in the Constitution? Then whoever not follow, violates the Constitution. That's -- that should be the way to do this. Chair Sanchez: Ana. Ms. Gelabert-Sanchez: Yeah. IfI may, I just want to say two things. One, the presentation on the Class II was not totally accurate. First, the Class II, it is on the Zoning ordinance. There is a process. And a couple of years ago, when this Commission brought it to our attention, the Planning Department has been providing all notifications to you, the Commissioners, and also through the NET (Neighborhood Enhancement Team); and we've been given also final, so the policy has changed. But in addition to that, I just would like to add that one of the -- on goal LU-1, which is the future land use language was suggested and we are leaving it; we are not objecting to it, which reads like so, and this is what the Planning Advisory Board is -- the last line that says -- I won't read you the whole thing, but I'll get to the end -- which says, "While protecting and preserving residential sections within neighborhoods, protects and conserves the significant, natural, coastal resources; and protects the integrity and quality of the City existing neighborhoods by ensuring public notice, input, and applicant rights regarding changes in existing zoning regulations." That's in. What we are objecting is to the level of detail of dates, which that belongs in the Zoning ordinance. Thank you very much. Chair Sanchez: All right. Brett. Brenda Kuhns Neuman: Actually -- Chair Sanchez: Last chance, Brett. Ms. Neuman: -- Brett, very graciously, allowed me to go before him. Chair Sanchez: Apparently, you don't have an emergency. Okay, go ahead. No. It's all right. Ms. Neuman: It would be kind to let him go next because I explained my point dovetailed with Wendy's. My name's Brenda Kuhns Newman. My address is 119 Northeast 43rd Street, and I'm also here to talk about the very important issue of notice. I was happy to hear Ms. Gelabert-Sanchez say that she doesn't disagree with the language that the Planning Advisory Board approved for a Goal LU-1, but I find it very curious that that language was eliminated from the document that you were provided by the Planning Department. And what seems to me is that there's a bit of a pattern of staff not wanting you to review their work. Your Zoning Code gives us a 15-day appeal period It's a right that we are given that you gave us, and that right means that we have a right to bring the approval of a Class II Special Permit before you, so you basically gave yourselves the power to make the ultimate decision as to Class II Special Permits. But what is happening is that staff has taken away our right and they've taken away your power to decide. Right now the Zoning Code says that any aggrieved person may appeal the approval of a Class II Special Permit within -- Chair Sanchez: Fifteen days. City of Miami Page 174 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Neuman: -- 15 calendar days. Besides the fact that that's a very short appeal period, it's implicit, I think, to any reasonable mind that ifI have a 15-day appeal right, I have a right to know when that appeal period begins. Otherwise, it's not a right. You don't have a right to vote if the people at the polls get to decide that day whether they feel like letting you vote or not, and that's basically what this is. They're stripping us of our power, and they're stripping you of your power. And l find it very curious that every time we bring this up, staff has been very defensive. They're li -- I wish the camera could show they're lined up over there like a row of dark soldiers, you know, in their black suits. They are very defensive about bringing their work in front of you. Commissioner Sarnoff. And Pete Hernandez looks like the godfather. Ms. Neuman: Ms. Gela -- Mr. Hernandez: You know, honestly, if you want those changes, I don't mind, but put them in the right place. Ms. Neuman: Yeah. Ms. Gelabert-Sanchez said that -- Commissioner Sarnoff. I thought you were going to -- Ms. Neuman: -- right now -- Commissioner Sarnoff. -- say make my day. Ms. Neuman: -- they are notifying us of approvals. But I'd like to submit into the record -- I'm going to give the Clerk a copy. I'm sorry I don't have one for each and every board member -- of the date of a Class II approval, and then the City's notification to Buena Vista East after our 15-day calendar period had already lapsed. And then, once we got the approval, we immediately rushed down; we filed the appeal. I brought a check for $500, and we were rejected. We were told you did not timely appeal; therefore, you cannot appeal. And that building is called Art Space. The address is 23 to 43 Northeast 41st Street, and it is a 63-foot building right behind someone's house. I believe there's a five, maybe a ten foot setback between the property line and where the building begins, and that's a (UNINTELLIGIBLE) who lives behind that building really wanted to appeal; and she wanted to bring that project before you so that you could decide, but staff decided for you that you don't get that choice. And I'll submit that documentation to the Clerk. Chair Sanchez: Ma'am, how much time are you going to need? Ms. Neuman: I just need another minute, sir. Chair Sanchez: Okay. Ms. Neuman: So Goal LU-1, not the version that the Planning Department gave you, but the version that the Planning Advisory Board approved saying that neighborhoods need to be promptly notified. We would like you to approve that language. In addition, I would like you to approve MNU's suggested language. Commissioner Sarnoff. Where is MNU's language, Hadley? Mr. Williams: It's in the briefing we handed out today. Commissioner Sarnoff. This right here? Mr. Williams: No. In the -- we handed out the actual -- City of Miami Page 175 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Neuman: In the version thatMNU gave the Commissioners today, under Policy LU-1-5.3, it talks about policy, it talks about notice of the application. Where -- notice of the application is already in the Zoning Code, but the Art Space project and the lawsuit are clear examples that this is not happening and it needs to be clarified; and the comprehensive plan is a perfect opportunity to do it. So we ask that you add this language, and it will read this. Fifteen days prior to the issuance of the Special Permit or other -- oh, sorry -- that you'll notn5, neighborhood associations -- and then this is the added language -- 'promptly" after issuance of the decision with explanation of the appeal period -- procedure, allowing sufficient time for such appeals. If this is not written in, then staff will continue to do what they swore in sworn testimony in our lawsuit that they are doing. Staff members -- Chair Sanchez: All right. Let me -- Ms. Neuman: -- swore under oath -- Chair Sanchez: Hold, hold, hold. Ms. Neuman: -- that they only notnj, when they feel like it. Chair Sanchez: Excuse me. I have 38 people who want to speak -- Ms. Neuman: Okay. Chair Sanchez: -- okay? Now, listen, you want to continue to speak? Does anybody want to yield your time to the young lady? Okay. What is your name, ma'am? Okay. You have five more minutes. Ms. Neuman: Thank you, Hilda. Staff testified during sworn depositions that they have no written procedures for noting of approvals and that they only notify of approvals when it's convenient, when it's easy for them, and when it's on their mind. They do not feel it is a duty. The Assistant City Attorney argued in front of Judge Cook, in federal court, that the City has no duty to notnj, of approvals, none. So the idea that the Planning director is going to stand before you and say we are already doing it. We already do that. We agree that notification of approvals is the right thing to do. Well, they're not doing it, and it needs to come from you, and it needs to be writing. Otherwise, staff gets to decide what's appropriate for this City and not this board, and it really should be in your hands. So we ask you, please, seize your own powers and adopt MNU's suggested language for Policy LU-1-5.3. Chair Sanchez: Thank you. Brett. Now, let me ask you a question. We do that already under Zoning. Ms. Gelabert-Sanchez: We do that through Zoning. The case that she's referring to happened prior, as a result; and we were going by the Zoning ordinance, so at that time, we were following procedure. This board, the Commission, requested the Planning Department, together with the other departments, to give additional notice and that to work with the NET office, so we do that. So that has changed. The case that -- I'm not sure. I will let the attorney discuss the case. Chair Sanchez: So -- Ms. Gelabert-Sanchez: -- but the process, you asked us to do it. Andl think, at this time, you are receiving the Class IIs. You are receiving it. We work with the NET office as on the commitment. We are even agreeing that it was not going to be only the immediate neighborhood association, but the NET area, and that one we're working with together with the NET office. So once -- even the final decision, we send it to NET, and NET then sends it to the homeowner City of Miami Page 176 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 associations. And actually, those additional steps were asked from you to us to do them. Again - Commissioner Sarnoff. But that's -- Vice Chair Spence -Jones: Ana -- Commissioner Sarnoff. -- an informal policy, right? Ms. Gelabert-Sanchez: It is policy in the department as -- Commissioner Sarnoff. It's an -- Ms. Gelabert-Sanchez: -- for us to do it. And like the Manager said, if you want to change that - - but it's -- the proper document would be on the Zoning ordinance, but it's been done. Commissioner Sarnoff. Well -- Vice Chair Spence -Jones: But let me -- I'm sorry. Commissioner Sarnoff. That's all right. That's an informal policy, right? Ms. Gelabert-Sanchez: Well, it's a -- it's not in the Zoning ordinance, but it's in-- it's not informal; it's formal because we do follow it in the department because you requested that to be done. Vice Chair Spence -Jones: But it's not written. That's what he's saying. Ms. Gelabert-Sanchez: It is -- well, that's what I'm saying, but the word "informal" is misleading, like we do it sometimes and we don't do it some other times. Ms. Neuman: Exactly. Vice Chair Spence -Jones: But I -- Ana, he's just saying it's not written. Ms. Gelabert-Sanchez: And we do it. Vice Chair Spence -Jones: It's not written. Just submit [sic] it's not written. It's okay. Ms. Gelabert-Sanchez: It's not written, but we do it. Vice Chair Spence -Jones: Okay. All right. Andl do know -- I don't recall the Art Space project, because I think that your -- the Buena Vista project was the -- one of the projects in the area that created this extra step that's necessary. Because I know thatl get in my office -- and I'm sure all the Commissioners now get in their office. We ask for a copy of that to also come to our office every time a notice is supposed to go out, and what we try to do is make sure we get the notices. If you don't get them, fax them out to the neighborhood -- I mean, to the NETs or to the neighborhood associations in the area. But for this -- this must have taken place before that process. Ms. Neuman: May I -- Vice Chair Spence -Jones: Sure. Ms. Neuman: -- answer your question, Commissioner? City of Miami Page 177 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Sure. Ms. Neuman: In September 12, 2006, Ms. Gelabert-Sanchez stood before this board and said the people that register with the Planning Department, we send notifications to them. Art Space was approved August 24, 2007, a whole year later. We did not receive notice until after our appeal period ended. Vice Chair Spence -Jones: Where did Ana go? Ms. Neuman: The other issue I'd like to address with you, Commissioner, is that staff is delegating to your office the duty to notify us within 15 days, so they approve the permit; and now it's your obligation to notify us. It -- Vice Chair Spence -Jones: But -- Ms. Neuman: -- sounds like what you're saying is there's -- they agreed to send it to you, but they're still not sending it to us. Vice Chair Spence -Jones: -- so -- Mr. Suarez -Rivas: Commission -- Vice Chair Spence -Jones: -- and l just want to be very clear. Mr. Suarez -Rivas: -- Commissioner -- Chair. Vice Chair Spence -Jones: So -- Mr. Suarez -Rivas: I'm sorry. I didn't -- please proceed, and then I'd like to just make a statement -- Vice Chair Spence -Jones: Okay. Mr. Suarez -Rivas: -- through the Chair, ifI could? Vice Chair Spence -Jones: Now, my understanding is we're getting duplications in my -- all of us are getting -- all you guys should be getting -- we're getting actually copies of whatever the documents are that are going to you guys. Ms. Neuman: We're not getting -- Vice Chair Spence -Jones: And you're saying you're not -- Ms. Neuman: -- notified. Vice Chair Spence -Jones: -- getting them? Well, they're -- Ms. Neuman: We're not getting notified Vice Chair Spence -Jones: -- obviously coming to us; they're not coming to you guys -- Ms. Neuman: Right. Vice Chair Spence -Jones: -- which is a problem. City of Miami Page 178 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Neuman: They've agreed to send them to you, but you're not the one who wants to appeal. Mr. Suarez -Rivas: Right. I -- Ms. Gelabert-Sanchez: Couldl ask Haydee -- Vice Chair Spence -Jones: So he -- see, she just mentioned a date. Ms. Gelabert-Sanchez: We're looking into this -- that what she's bringing, butt just have asked Haydee if she -- Chair Sanchez: I'll tell you what. Ms. Gelabert-Sanchez: -- could also address it from the NET as far as the notice because I think it's important. Chair Sanchez: We'll get -- you ready to answer a question? Haydee Wheeler (NET Administrator, NE Coconut Grove): Yes, sir. Chair Sanchez: Okay. Ms. Wheeler: Good afternoon. My name is Haydee Wheeler. I'm the administrator of the NET office in the Northeast Coconut Grove area. As Ms. Gelabert has been saying, although it's not in writing, we've been formally sending out all the correspondence that comes from the Planning Department. As a matter of fact, not to lose any time, we do get an electronic page scanned. We did have some problems at the beginning because this is something new, where the signature was missing. That was corrected, as well. So we tried to expeditiously sent [sic] out, via e-mail, to all the communities that have been registered. Chair Sanchez: All right. Mr. Suarez -Rivas: And -- Commissioner, I'm sorry. I did -- Chair Sanchez: Mr. City Attorney. Mr. Suarez -Rivas: -- we're -- it's just I -- just -- we're getting a little beyond the topic of -- I understand the notice and the concept and all of that, but here you're talking to actual litigants in a case about cases and controversies that either have existed or -- with the City and going beyond the theory to actual cases. And again, the Law Department was simply coming from its duty to want to protect the City because if -- the more things are codified, if something slips through the cracks and doesn't happen, it's a claim; so frankly, that's where we're coming from. I'm sure you'll appreciate that. Thank you. Commissioner Sarnoff. If we don't -- Chair Sanchez: All right. Ms. Neuman: I'd like to add one thing. The hearing before Judge Cook was in April of this year, so -- just within a month -- February or April of this year. Within the last few months, this has been the City's official position. Chair Sanchez: I think you've made your point. Ms. Neuman: Okay. City of Miami Page 179 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: And at the end of the day here today, this legislative body, which is a policy issue, will address your concern. Whether it does or doesn't, we'll address it at the end of the day, okay? Thank you so much for being so -- Ms. Neuman: Thank you. Chair Sanchez: -- patient. Chair Sanchez: All right, Brett. Hopefully, you'll be very brief as always. Brett Bibeau: Guaranteed. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. Honorable City Commission, I have distributed the chair of the Miami River Commission, Eric Buermann's letter, dated today, regarding recommendation for approval of PZ.1, EAR -based amendments to the comp plan recommended by the City ofMiami Planning Advisory Board with one condition. On May 5, 2008, the Miami River Commission updated our previous advisory recommendation based on the April 30, 2008 City of Miami Planning Advisory Board's recommended Evaluation Appraisal Report based amendments to the City's Comprehensive Neighborhood Plan. The Miami River Commission, by a vote of 11/0, found the PAB, Planning Advisory Board's, proposed EAR -recommended amendments to the comp plan to be consistent with the Miami River Corridor Urban Infill plan with the following one condition: Not deleting comp plan "Policy PR-1.5.8", which currently states "Expand the existing Jose Marti Park to provide additional recreational opportunities for the area's residents, workers, and visitors." Your time and consideration are appreciated. Chair Sanchez: All right. Let's do something here. Let's not -- let's see how we could work this out where we don't miss -- mix up the neighborhood and the River issue, so let's separate them for now. Let's just have the neighborhood issues -- individuals come up and we'll address that issue. That way we simplify the process here, and then we'll address the issues of the River. In that way, we don't -- we won't convolute or confuse. So Barbara -- Barbara Bisno: Yes. Chair Sanchez: -- you're going to speak on -- Barbara Bisno: Yes. Chair Sanchez: -- the neighborhood issue, right? Ms. Bisno: Yes, I am. Chair Sanchez: All right. Barbara Bisno. Ms. Bisno: Thank you. Chair Sanchez: You're recognized. Ms. Bisno: Thank you. My name is Barbara Bisno. I live at 1000 Venetian Way. I appreciate speaking now because I'd like to put in context the language issues that Brenda and Wendy so eloquently told you about. You are receiving a sheet of paper that has what we talked about at the PAB and then some additional language in blue, and then some additional language in red; and if you'll just give me a minute, I won't take much time. I'll explain to you the background of this. First of all, for some reason, the Administration staff was not willing to help us very much on drafting this language until the PAB actually said sit down and work with them on this about City ofMiami Page 180 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 midnight that night, and Nancy Stroud helped us immensely. And she came up with -- we came up with the language that's in black, and that's what the PAB, as I understood it, passed or recommended for your adoption. That was done hastily. And even with Nancy's vast experience, I think we left out something, and that's what the blue is, if you will give me the courtesy. The statement that the City Administration says they have adopted and -- well, have recommended for your adoption in terms of the LU-1 statement ending with the number 7, we put in changes in existing zoning regulations. You really should say zoning and land use regulations to be as broad as the right should be in a constitution. As to LU-15.3, after Brenda and Wendy looked at it and -- under their experience, they wanted to put in the red language, which was just read to you; and it's part ofMNU, but it wasn't brought before the PAB. I'm just trying to explain, Chair, why you're getting language. The PAB never even saw this language. It was -- Chair Sanchez: So on this case, we have three languages? Ms. Bisno: Well -- Chair Sanchez: The Administration, PAB, and what you just presented now, three languages? Commissioner Sarnoff. Right. Chair Sanchez: Correct? Ms. Bisno: Yes. Chair Sanchez: Thank you. Ms. Bisno: But we're asking for you to adopt the total language -- Chair Sanchez: Okay. Ms. Bisno: -- if you would. Andjust, ifI could, have one more minute. In your chart that Ana spoke about, items 5 and 6 are the items that were just referenced, LU-1. -- 5.3 and 5 -- they've broken it down to 5.3 and 5.4 instead of just two paragraphs. They say it -- they -- we should delete it because it's in the Zoning ordinance. Well, that's a little bit disingenuous because as we've heard today, it's not in the Zoning ordinance, it's not written. In fact, it's called a courtesy notice. And in fact, there's no consequence to not doing it, which is what we heard about today. So please don't look at that as a -- whether a category of Roman numeral items 5 and 6 already dealt with in the ord -- Zoning ordinance. I hope you would see that's not accurate, and please adopt the language that you see before you. Andl very, very much appreciate your time and interest in this very important right for the property owners of Miami. Thank you. Chair Sanchez: Thank you. Fermin. Carmen Sanchez (Assistant Director, Planning): Mr. Chair -- Chair Sanchez: Yes. Ms. Sanchez: -- ifI may? Chair Sanchez: You want to address the issue there? Ms. Sanchez: Yes, ifI may, sir. Carmen Sanchez, Planning Department. What Ms. Gelabert said is not necessarily that it is already in the Zoning ordinance as they want it. What we're saying is that notices are addressed in the Zoning ordinance. Whether the Zoning ordinance is not pleasing to MNU or members of the public, that needs to address at that point through the City of Miami Page 181 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Zoning ordinance, but it just does not belong in the comprehensive plan, and that's the clarification we wanted to make. Chair Sanchez: All right. Next speaker, Fermin. Oh, you'll speak for him? Unidentified Speaker: I submitted a paper. I didn't know that -- Chair Sanchez: No, no -- Unidentified Speaker: -- there was a particular order. Chair Sanchez: -- but I'm calling -- Unidentified Speaker: Okay. Chair Sanchez: -- it's not just -- I'm calling Fermin Belleau (phonetic). Okay, so we'll reserve the time for somebody who needs it. Okay. Eileen, you're here on the neighborhood issue, correct? Eileen Bottari: Yes. Chair Sanchez: Okay. Ms. Bottari: My name is Eileen Bottari. I reside at 505 Northeast 76th Street, Miami, Florida. I live in Palm Grove andl represent the Palm Grove Neighborhood Association, which is a member of the Miami Neighbors [sic] United. And I'm here to say that we definitely support separating the traditional neighborhoods from where high density should be. Andl wanted to respond to Ms. Sweetapple's remarks about Hadley's map. We made the map because it's visual. What we're trying to do is make a presentation here to say we have traditional neighborhoods. We have historic neighborhoods that are being presented in the comprehensive plan now as part of the urban infill. We don't want to spend the next five years, like we have just spent the last five years, fighting developers coming into neighborhoods and trying to build ten- to twenty -story high rises next to our historic neighborhoods. So what we're trying to do and what Hadley and Miami Neighbors [sic] United was trying to do with this map was to show that there are areas in the City where it should be designated that high-rise development in planning this type of living should be and not in our traditional neighborhoods. We live off of the Biscayne corridor. If you drive through our neighborhood and you look at the houses, when were the houses built? In the 1920s, the 1930s, the 1940s. That's where the majority. That neighborhood was not built to withstand having high-rise development. When you bring that much density into these traditional neighborhoods, not only in the Upper East Side, but also in the Coral Way, Coconut Grove area -- everybody's neighborhood has a traditional neighborhood. Every district has that. Okay. When you do that, what you're doing is you're polluting the City. We're -- we've got traffic pollution, noise pollution, air pollution. We have this infrastructure that's barely keeping up with the development. So what we need to do is we need to separate this. So Miami Neighbors [sic] United, our neighborhood association, we strongly support making these changes. Thank you. Chair Sanchez: All right. Larissa Brown. No? Okay. Rob Curtis? No. Daniel Delgado? Yes, sir, come on up. Daniel Delgado: Thank you, Mr. Commissioner. Basically, I'm just going to make a few statements. First of all, we support Miami Neighborhoods United, and the reason we support Miami Neighborhoods United is from our perspective, you've asked us to participate. We've listened to our Commissioners. We want to become part of the process, and they've done that. They've brought something to you that we can work with. Now, there is -- this is really about one City of Miami Page 182 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 simple thing. This is about open government. Yet, we're hearing in this chamber about a whole bunch of issues that basically say no, we really don't want to be that open. Well, then what's the message? You want us to participate? These folks have done a lot of hard work and brought a lot of good ideas to be able to work with you. But if all these things are ignored or pushed aside or not dealt with, then what's the message here? That we're not having an open government, we're not having an open discussion; we're not working together. So in order to support these folks, in order to really get down to your neighborhoods, our neighborhoods are not a monolithic block of this is how it goes. Our neighborhoods are made up of a whole conglomeration of neighborhoods, you know, of people, history. We want to preserve that, and we know there's going to be growth, but it's got to be growth that we can manage. As Commissioner Regalado said, let's take a deep breath. Why are we in a hurry? It's not about just doing it. It's about doing it right. And if we do it -- if we work together, we'll do it right for everyone, not just some idea that comes from the City on a vision that maybe nobody wants to buy into. So what we're saying to you, you are our line of defense, you are our voice in response to these folks. We're saying take the Miami Neighborhoods United concepts, incorporate them; it's going to be better for everybody in the end because we will be working with you, not against you. Thank you. Chair Sanchez: Thank you. Andrew, resident, Miami Economic Association, Inc. I can't -- no? All right. Richard Dubin? He's with the River? All right. Brett, he's already spoken and left. Phil Everham [sic], River? All right. Haynes? Mr. Haynes, how are you? Herschel Haynes: Fine. Thank you. And my name is Herschel Haynes, and I live at 4601 Northwest 15th Avenue, Miami, Florida 33142. And I want to thank -- what I've heard so far -- Commissioner Regalado and Commissioner Sarnoff taking -- giving some input in regards to what it is that you're considering today, and that would be the comprehensive plan. And l feel (UNINTELLIGIBLE) from what I've heard, and I've learned a lot, is that it's key to have a very, very sound comprehensive plan to build for the future. And so I'm the chairman for Model City - - Hadley Park Model City Homeowners Association, one of the organizations that make up a coalition of -- for Miami Neighborhoods United, and I'm also co-chair of that organization, Miami Neighborhoods United, working together and laboring to accomplish much for the greater Miami area. Andl would just like to say that when you really, really think about it, look at myself. I represent an area really not that large, but somewhat large, in that we have a total population of 49,547 people; and out of that number, we have about 5,000 homeowners within that area, which is -- which amounts to a lot of taxpayers. And all that I would hope that you would think about is think about all of the other organizations that have come here, stood before you, and beg of you to listen to our plight. We are the foundation for this greater Miami area. We're the taxpayers, and we just ask that you would listen to us. And I would just ask that -- I've been told that the Department of Community Affairs, which is located in Tallahassee, says there can be specifics within the comprehensive plan, and so I would just like to ask that you would look at the committee, which have labored overtime, work really, really hard to do the research, looking across the nation at other progressive cities in terms of their comprehensive plan and coming before you having compiled all of that information to plea to you to incorporate it in our comprehensive plan; that we would have the foundation to move forward progressively as a key city within these United States of America. Chair Sanchez: Thank you, sir. Mr. Haynes: Thank you. Chair Sanchez: All right. Jennifer Kika (phonetic), is it? Jennifer Kila: Kila. Chair Sanchez: Kila. I love it. It says here, title: resident and taxpayer. City of Miami Page 183 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Kila: Yes, sir. Chair Sanchez: Representing the public right to express an opinion. Ms. Kila: Yes, sir. Chair Sanchez: All right. You're recognized for five minute [sic] to express your opinion. Ms. Kila: My name is Jennifer Kila. My address is 2441 Trapp Avenue, in Coconut Grove. I've lived here since 1992, andl am here today as an outraged tax paying citizen against uncontrolled growth. I'm a designer by profession, and I'm paid to recognize a good idea or a plan from a bad one. I believe the City -- that the City Administration, led by the Mayor, continues to intentionally dismiss the efforts and thoughts of the Planning Advisory Board, you, Commissioners, and the public. Again and again, good ideas are cast aside in favor of lesser or grander ideas regardless of public or professional input. Dozens of voices have spoken out positively for the betterment ofMiami, and you all listen to no one; do exactly what you want to do and do it at our expense. I implore you, Commissioners, to take the actions proposed by Miami Neighborhoods United not being recommended by the Administration. A good idea is a good idea, no matter who thought of it or where it came from. Intelligent thinkers reevaluate and adopt and move on with good ideas. Our Administration continually sells off our greatest natural assets, our river and waterfront properties, to the highest bidder, denying their history, beauty, and use to future generations forever. The City can benefit from Miami 21, and you all know it. Please accept the ideas that will help us grow into the best city we can be by joining forces with those who have made every possible effort to help you improve our future. Thank you. Chair Sanchez: Thank you. Paul Mann -- Ms. Kila: Thank you. Chair Sanchez: -- followed by Bebe Mann. Paul Mann: Hello. Paul Mann, 1665 Southwest 23rd Street, in Miami. Thank you for the time. I just want to stress once more that the DCA did say that we are responsible -- we, the public, are responsible for the effectiveness of the comp plan. We -- MNU and the PAB and many other organizations have done a lot of work to try and take on that responsibility. And contrary to what the Planning Department believes, the DCA believes we can make the language in the comp plan more effective in protecting neighborhoods. Notice is a huge part of that, so please don't be swayed by the Planning Department's efforts to try and protect themselves. It makes sense that they want to try and stay vague so that they can avoid lawsuits, but as we all know, they -- the City has plenty of lawsuits on its hands, andl don't think the City would be hurt by strengthening neighborhood protection language in the comp plan, including notice. Thank you very much. Chair Sanchez: Thank you so much. Bebe Mann. Commissioner Sarnoff. Is that your husband? Chair Sanchez: Yeah. Bebe Mann: I think so. Commissioner Sarnoff. Okay. Just so (UNINTELLIGIBLE). City ofMiami Page 184 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Mann: Good afternoon. My name is Bebe Mann, 1665 Southwest 23rd Street. I am speaking today as an individual from the Planning Advisory Board. First of all, I just want to make sure -- I'm a little confused about the document that was given to you today. For clarifications, I just want you to humor me and follow the omissions that I found that we voted on and were not put on the record -- on the document. That would be LU-1, on number 7, it should read 'protects the integrity and quality of the City's existing neighborhoods by ensuring public notice, input, and appellant rights regarding changes in existing zoning regulations." Just want to make sure that's in there. Commissioner Sarnoff. Wait. Wait, wait, wait, wait. Zoning and land use. Are you going to --? Let me ask you this, Bebe. Will you accept the modification provided to us by Barbara Bisno? Ms. Mann: We were ready to accept it that night, and there was a back and forth as to the language. I don't -- Commissioner Sarnoff. I think -- Ms. Mann: -- have a problem with it at all. Commissioner Sarnoff. Yeah. All I'm trying to do is stay organized here so we know -- 'cause -- the Chairman's going to say we now have four of these, and if we could just work off of hers, at least we know we have -- Ms. Mann: Yes. All they're adding is "and land use regulations" -- Commissioner Sarnoff. Right. Ms. Mann: -- before -- which is fine. Commissioner Sarnoff. Let me ask you, would you accept her 1.5 and her 1.5 -- and her 1.53 as well? Ms. Mann: I don't know what the language is. Commissioner Sarnoff. Can -- is Barbara still here? Ms. Mann: But I want to make sure that the language that we approved is there. Commissioner Regalado: She's there. Commissioner Sarnoff. I'm just trying to cut down the paperwork. Chair Sanchez: So we're down to -- Commissioner Sarnoff. Three. Chair Sanchez: -- three versions? Commissioner Sarnoff. Right, not four. Chair Sanchez: Okay. Ms. Mann: I don't have a problem with that. Chair Sanchez: All right. What -- you want to look through it -- City of Miami Page 185 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Mann: Okay. Chair Sanchez: -- and we'll let another speaker, and then could come back up? Or you're okay with it? All right. Ms. Gelabert-Sanchez: Yeah. We just want to clarify. I'm sorry. On the goal -- Chair Sanchez: Hold on, hold on, hold on. Ms. Gelabert-Sanchez: Yes. Chair Sanchez: When she's done speaking, you could clam. Ms. Gelabert-Sanchez: All right. Chair Sanchez: Bebe. Ms. Mann: Okay. On LU-1.5.4 -- Chair Sanchez: Wait a minute. Wait a minute. That's -- Commissioner Sarnoff. That's something we didn't -- she didn't give us that. Chair Sanchez: No, but -- Commissioner Sarnoff. 1.5.4. Chair Sanchez: I have it here. Yeah, the one -- no. The 1-5.3? Commissioner Sarnoff. No. 1-- LU-1.5.4, notice of application. Chair Sanchez: Notice of application requiring public hearing should be provided to any NET registration [sic], homeowner neighborhood association, and the homeowner within the applicable City regulations. Ms. Mann: Perfect. One point -- Chair Sanchez: And the City Planning says already in the Zoning Code. Ms. Mann: But this is a policy. Chair Sanchez: Okay. Ms. Mann: LU-1.3.10. I believe that was corrected. As of the calendar yearend, everybody agreed that was a needed, so that should not be in there. LU-6.1-- Commissioner Sarnoff. Wait, wait, wait, wait. LU-6.1. Chair Sanchez: LU-6.1? No. That -- Ms. Mann: Right. That was changed to year 2010. Commissioner Sarnoff. Wait. Go slow because I don't -- City of Miami Page 186 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: I tend not to agree not to put dates on these things. All right. Ms. Mann: They had 2012; we said 2010. Commissioner Sarnoff. What's your page number on LU-6? Commissioner Regalado: Fourteen. Ms. Mann: I'm going by the -- my record, what I submitted to the Planning Department as to my findings. Now, here there might be a little confusion because this was brought by the attention of Janet Talbert, and we all agreed on it. It was late at night. It could very well be that the motion was not heard as a motion, but there was no disagreement as to changing the date. We all agreed on changing it to 2010. Chair Sanchez: Okay, but on the original language, recorded, it's 2012? Ms. Mann: 2012, right, but we asked for it to be changed to 2010. Chair Sanchez: Okay. All right. Ms. Mann: On P -- Chair Sanchez: And that's (UNINTELLIGIBLE) the proposal [sic] neighborhood master plan? Okay. We'll address that issue when the Commissioners get to discuss the issue. Okay. Ms. Mann: PA -- Chair Sanchez: All right. Ms. Mann: -- 3.1.1. Chair Sanchez: 3.1.1. Okay. Ms. Mann: I even have the time because I did the tedious work of actually listening to the entire tape, going back and forth making sure that everything we had -- and was agreed on -- was there. They have it inverted. Commissioner Sarnoff. It shall -- Ms. Mann: The first "shall," they changed it to a "may." It should remain as "shall." The second "shall" should be "may," so it should read the City "may" through its land development. Commissioner Sarnoff. Where are we again? Ms. Mann: 3 -- Commissioner Sarnoff. LU-3. -- Ms. Mann: -- PA 3.1.1. Commissioner Sarnoff. PA, sorry. What page? Ms. Mann: I don't have it with me. Let me see if it's here. Chair Sanchez: What page on the MLU [sic]? City of Miami Page 187 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Mann: Sixty-six. Commissioner Regalado: PA-3.3.1 ? Ms. Mann: PA-3.1.1. Commissioner Regalado: Oh. Ms. Mann: They put the City may use, and we said "shall" remains. And then where it reads the City shall, through its land development, it's supposed to be the City may. Commissioner Sarnoff. Can you -- Chair Sanchez: Okay. Commissioner Sarnoff. -- read it one more time? Ms. Mann: Okay. It should read the City shall use its lands [sic] development regulations to en courage the establishment and maintenance of water -dependent and water -related uses along the banks of the Miami River, along with water taxi and water pleasure crafts uses along the entire river, and to discourage encroachment by incompatible uses. The City may, through its development regulations, allow for residential development along the Miami River in appropriate locations. Chair Sanchez: Okay. Who wants to volunteer their five minutes to her? Unidentified Speaker: I do. Chair Sanchez: You do? Unidentified Speaker: Yes. Chair Sanchez: Okay. Thank you. Ms. Mann: PA-3.3, this is a little technical here as far as the motion being made. Miami -Dade County was to be added at the end, andl think that what happened there, we got a little distracted being so late in the night. And there was a question asked, if we made the motion. It was answered yes, when, in fact, it doesn't seem like it was, but that was the intent. Now, I would like to read into the record our chairperson, Arva ParkMoore's [sic] letter to the Commissioners and to the Mayor. She's out of the country, and I'm taking the liberty to just go ahead and read it. On behalf of your Planning Advisory Board, I am proud to forward to you our recommended EAR -based amendments to the Miami Comprehensive Neighborhood Plan, MNCP. The PAB approved these EAR -based amendments by a unanimous vote at our April 30, 2008 meeting. We strongly urge the City Commission to similarly approve the EAR -based amendments as -- at the upcoming May 8, 2008 transmittal hearing. Our final vote followed months of public meetings where citizens were invited to participate in different geographic locations within the City. We also had a number of expanded public hearings before the PAB, specifically, rather than one single hearing before the PAB, we conducted a total of five public hearings where we heard from City staff our excellent outside consultants, and members of the public. Attached is a schedule of meetings conducted as part of this process. At the PAB public meetings, rather than a one-sided affair where we unilaterally informed the public of what would be included in the EAR -based amendments, we had an interactive process where we heard from many diverse community voices, received their comments and input, and as appropriate, we provided policy direction to both the staff and outside consultants on the changes and additions City of Miami Page 188 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 we believe to be appropriate. The staff and outside consultants then translated these policy directives from the PAB into the amendments you now see. From City staff outside consultants, and the public, we received and took into consideration reams of data and an analysis in support of recommendations that are now a part of the record of our work. In providing policy direction to the City staff and outside consultants, we were mindful of our functions, powers and duties under both Section 163.31744, Florida Stat and Article III, Section 62-62 of the City ofMiami Code. We looked at past trends and historical events, present conditions, and likely future occurrences with a purpose of establishing principles and policies for guiding action affecting future development and positive evolution within the City ofMiami. We are mindful of our ability and duty to instigate special studies and further planning initiatives as appropriated to the circumstances as set forth in Section 62-62A. In this process, with the able guidance of staff and our outside consultants, we identified certain critically important tasks that our allocated timeline and the deadline to complete and transmit to the Florida Department of Community Affairs the EAR -based amendments to -- the MCNP did not allow us to complete. These important tasks include the development and adoption of new elements in the MNCP, such as 1, economic element; 2, historic and cultural element; 3, neighborhood element, which documents the unique characteristics, needs, and aspirations ofMiami's many neighborhoods; and 4, a study of the urban infill classification. Including within the EAR -based amendments, we are advancing our references to each of these new elements with time deadlines for completion of the important ongoing planning work. We hope that you will understand, embrace, and support the additional hard work and resources necessary to accomplish to formulation and adoption of these new elements. We regard planning for the future of our City as an ongoing, interactive process that must continue with the same vigor and commitment as they -- as that of the recent past months. We wish to bring to your attention the extraordinary expanded work required of both City staff and the outside consultants to bring us to this point. We have worked above and beyond the call of duty, and we are profoundly grateful to each member of the collective team for their professional work. We note that it is likely that this process will exceed the budgeted allocations for the work. We assure you that the extra investment in the process will serve the public good for many years to come. Over the many years of my civic engagement in our community, I have been privileged to serve on a number of public boards as the appointee of elector officials. Chair Sanchez: Need another five minutes. Who wants to give up their minutes? Ms. Mann: Two minutes. Chair Sanchez: Luis Herrera? Ms. Mann: No service on any public board, in my view, exceeds the importance of serving as a member of the City ofMiami's PAB at this time in the City's transformation. I am very grateful to Commissioner/Chair Joe Sanchez for the privilege of serving on the PAB as his appointee. Likewise, I have never served on a board where members have been as thoughtful, deliberate and dedicated to the tasks at hand. As dedicated and informed volunteers, they have put an extraordinary numbers of hours to complete this responsibility. On behalf of my fellow PAB members, I am certain that they are equally grateful for their opportunity for service on the PAB. Respectfully submitted, Arva Moore Parks McCabe. Now, I will speak now as a member, individually. And considering the enormous amount of time and dedication that we, the PAB, has invested in the EAR process for the past four months, the last PAB meeting not adjourning until 1: 30 a.m., I find it outrageous, to say the least, that the Planning Department is requesting that you consider 32 of their changes and not ours. In January, the Planning Department placed an EAR -based amendments on agenda as a discussion item, not a workshop, as we had requested. Since public involvement was not allowed at that time, we conducted four public hearings under the time pressure that was placed on us with a short deadline. Ironically, one of the meetings was continued at the request of the Administration. At no point did anyone from the Planning Department argue against our recommendations, nor did anyone advise us that they City ofMiami Page 189 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 may disagree with our work. It wasn't until it was asked by one of the board members at the end of the meeting that we were told that they would submit their changes also. The consultants and the attorneys worked with us closely, and if they disagreed with something in our language, they came back with a correct language. This was done throughout the process. In some elements, suggestions made by board members were not incorporated; and we accepted these rejections because we trusted the consultants. As your local planning agency, we implore you to please consider the open process given to the EAR -base amendments, the countless hours we have put into making this document that will be -- that will bring balance growth to the City ofMiami as it continues to develop into a world -class city. Please accept all of the PAB's recommendations. Thank you. Chair Sanchez: Thank you. You want to address some of her issues? Ms. Sanchez: We just want to clam for the record, Commissioner. Yes, it was 1: 30 in the morning, and we have had numerous meetings, workshops with the PAB and others. With respect to land -- LU-1, we just want to clam that that is in the package. It is actually page 1, the future land use. It is actually the goal, and it is in your package, as stated by Ms. Mann. With respect to LU-1.5.3, the Zoning ordinance already addresses issues with respect to appeal procedures. The same is also for 1.5.4. That is where it belongs. It does not belong in the comprehensive plan. It actually belongs in the Zoning Code, and that's where it needs to be addressed. With respect to 1.3.10, there was no motion. The Office of Hearing Boards went back and listened to the tape. And we're very grateful to Ms. Mann because she was actually the one who brought our attention to the items that may have been missing. We went back and judiciously looked -- and listened to the tapes, and the Zoning -- Hearing Boards has advised us that, in fact, there was no motion made. Ms. Mann: Right. Ms. Sanchez: As far as the calendar, the words that she says, as of calendar year end. The actual words that were actually discussed were -- what was the year end. Ms. Mann: I think that's what I said, that the calendar year-end was not to be in there because it wasn't the document that I received. Ms. Sanchez: Correct, it was to the recommendation. With respect to LU-6.1, there was no motion made. With respect to PA-3.1.1, there was no motion made. If there -- Ms. Mann: I'm sorry? Ms. Sanchez: -- no motion made by that body -- if there is no motion made by the body, we cannot put it in because then we will be arbitrarily taking just words. There has to be a motion, and it has to be passed by the PAB. That is what is reflected in front of you, and that's why you received an update five minutes, ten minutes before this meeting started because we wanted to make sure that all the recommendations that they had were reflected in what you will be considering today. Ms. Mann: May I? Chair Sanchez: All right. Ms. Mann: On PA.3. -- Chair Sanchez: One minute. Ms. Mann: -- 1 -- City ofMiami Page 190 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: And we got to get going. We still got like 30 speakers. Ms. Mann: These are my notes that I submitted to the Planning Department because I read the tape. There was a back and forth on this. When it was read into the record, it was very clear that the first "shall" was to remain, and the second "shall"found on the sentence was to be changed to "may." It would read, the City may, through its land development. It was brought to our attention twice, once by Betty Gutierrez in the tape at one hour and forty-two, and by Janice Talbert, again two hours and fifteen minutes into the tape for clarification. Talbert accepted, as a friendly amendment, the motion made by Betty Gutierrez. All changes to page 67 were voted 7/l at 2: 54. Ms. Sanchez: The problem is, Commissioner, that when Arva Parks read the motion back, that's then the language that she read back, and we have to go by what is read back. That's the problem that we're having. We have to go by what's there. Chair Sanchez: Where are the minutes? Where are the minutes for PAB? Commissioner Sarnoff. They don't do straight minutes? Chair Sanchez: Huh? Commissioner Sarnoff. They don't do straight minutes. Chair Sanchez: They don't do straight minutes? Ms. Mann: I'm sorry. Chair Sanchez: The minutes. Teresita Fernandez: Okay. What we did is after the meeting, we heard the tape -- I mean -- and we did the resolutions that were revised by the Law Department and signed by Mr. Ruck, Harold Ruck; and then we redid -- Chair Sanchez: All right. Ms. Fernandez: -- the resolutions on Tuesday -- Chair Sanchez: Okay. Ms. Fernandez: -- and apparently, there was a -- we redid them, Mr. Chairman, at the advice of the Planning Department. Ana Gelabert asked me to redo -- to do the revisions based on what Ms. Mann had submitted, so that's what we did. Chair Sanchez: Okay. Ms. Fernandez: I have that of -- as a result of that, we revise four resolutions and added one resolution. Chair Sanchez: All right. Ms. Fernandez: That's what happen. Chair Sanchez: Thank you. Next speaker. Brenda Neuman. City of Miami Page 191 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Newman: I already spoke. Chair Sanchez: Oh, you already spoke? Michelle Niemeyer, and the next speaker would be Jose E. Miranda, Jr. Is he here? Michelle. Michelle Niemeyer: Michelle Niemeyer, 3053 Day Avenue. I'm here today as a resident. I am the chair of the Village Council, but the Village Council has not voted on this issue, so I'm not representing our consensus. I'd like to first thank the PAB for working very hard on this, as well as the residents who are members ofMiami Neighborhoods United. I know a great deal of effort gone into this by everyone here in this room today, and it really is a good example of cooperation with the residents and the public in a process like this. We, as a city, have a lot of challenges and needs, andl think all of you sitting up here understand that. We need to control traffic that's already abysmal. I'm thankful that I live a block and a half from where I work, and I never cross US 1, except to buy groceries at Publix. Hopefully, I won't have to do that for much longer. We need a lot more green space. We need affordable housing. There are a lot of things we need, and all of those things are going to be impacted by what happens with this Comprehensive Plan, which will affect what this City's allowed to do in the future. The Comprehensive Plan needs to allow for smart growth. And I've heard a lot of positive comments made by the people who are here from Miami Neighborhoods United toward the work that's being done on Miami 21 and the concepts behind it, the concepts of having walking communities, the concepts of having transitions between the more dense urban areas and the areas that are single-family residential. And to have that density and to have that transition, you need to have the ability to have a step-down neighborhood. One of the things that I noticed that I was a little bit concerned about in the land use maps that I saw presented by Miami Neighborhoods United was the fact that it might not allow -- if you make every residential neighborhood that's single family right now or duplex right now into a lower density urban neighborhood, as is defined by those recommendations, I would be concerned that you would not have the ability to create the transition. There wouldn't be anywhere to do it, and so you'd end up with transportation corridors with whatever gets allowed there; and then you'd end up with the problem we have right now, which is people's single-family homes backing up on taller buildings. It's a point wanted to make because I was a little bit concerned with how that looked on the maps. I'd also be concerned about the fact that over time, we have to find a way to get Miamians out of their cars; and if we stick to the status quo of everyone living in suburbia in the middle of a city and driving everywhere, we're going to be in a situation where eventually we're going to be in gridlock all the time -- Chair Sanchez: Yep. Ms. Niemeyer: -- and that can be a problem. The other thing was concerned about, which is tied to that, is affordable housing. If we require the currently single-family neighborhoods to remain single family, the duplex neighborhoods to remain duplex, and we try to limit change, it means that we don't allow for places for more affordable housing to be built. The fact is single-family neighborhood homes, even in less expensive neighborhoods right now, are so expensive that they don't even meet affordable guidelines. And as we all know, with the average salaries in the City ofMiami, most people in this City can't afford to own a home that's a third the price of an affordable unit, so we need to find ways to provide housing for people. My family has a home on Cape Cod in Massachusetts, and one of the things I was thinking about, as I was considering this, was the fact that in that area, housing prices, like in Miami, have skyrocketed; and they have a tourism economy. They're now having Chamber of Commerce buses running two-hour trips from Rhode Island to take workers to work in the businesses on Cape Cod during tourist season. I hope we never find that happening here, and frankly, I don't know where we'd get the people from because they can't -- where would they come from? So those were my points. I think there are a lot of very good points. I think there are a lot of things that are on the right track, but there were also some things thatl was concerned about, andl wanted to raise those concerns. Thank you. City ofMiami Page 192 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Thank you. Jose E. Miranda, Jr. Is he here? Okay. River will -- captain -- I guess you're the captain; you got to be from the River. All right, Judy Sandoval. Judith Sandoval: No jokes today; this is serious. Chair Sanchez: All right. Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I just wanted to make a couple of remarks, not about specific things, except that having been part of the group that did the revisions on the MNU team for the last four years, I just want to tell you that the City Planning Department has thrown rocks in our path since that day. They have had four years to do the Comprehensive Master Plan. For months they didn't do anything, and they kept putting off the time when we could participate. And as far as that Planning Department is concerned, I think you should be aware that the ultimate authority is the Planning Advisory Board; it is not the City Planning Department; that they have no business changing the PAB decisions that were submitted to you; and they have no business here today, neither does the lawyer, coming up, following up everything that we are saying as members of the public. The PAB document was sent to you. It was considered. I remember what Bebe was talking about -- I was there -- about the shell and the may, so that you should do what you're supposed to do and they should just sit back. They had four years. The Comprehensive Master Plan is presented by the City compared to other cities, Tampa, St. Petersburg, Fort Lauderdale, and others across the country. It's a lousy plan. And when you get into this and you read those other plans, you'll realize it. That's why we got to work. So I hope you do the right thing and accept the MNU plan and the PAB recommendations. Thank you. Chair Sanchez: Thank you. Commissioner Gonzalez: I need help, like Commissioner Regalado says. Many times I need help; I'm confused. Clarification from the Law Department, the ultimate authority is the Planning Department or they're just an advisory board? Mr. Suarez -Rivas: The Planning Department is your local planning agency, and it's correct that they do make recommendations to you regarding the evaluation report and the Comprehensive Plan amendments. That is their role. They are an advisory body, so they are a important step in the process, but the -- Commissioner Gonzalez: Nobody's -- Mr. Suarez -Rivas: -- final -- right. Commissioner Gonzalez: -- saying that they're not. Mr. Suarez -Rivas: No, no. Yes, yes. But the jurisdictional authority, because it's a planning advisory board -- you're correct, Commissioner -- it is the City Commission. Commissioner Gonzalez: Thank you, sir. Mr. Suarez -Rivas: Yes, sir. Chair Sanchez: Nina West. Nina, you filled out two of them. Oh, you sneaky you. Nina West: Well, the first one, I didn't realize you had to put your e-mail (electronic) to get a notification, so I think left it off. So I asked them to -- City of Miami Page 193 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Happens to -- Ms. West: -- swap it out. Chair Sanchez: -- the best of us. Ms. West: But I'll speak twice. Nina West, 3690 Avocado Avenue, Coconut Grove. I want to speak to Mr. Gonzalez and Mr. Sanchez specifically because I think they're concerned about flexibility in these plans, and have said so. As we know, Miami Neighborhoods United brought maps to your offices and asked you to please comment. These maps are conditional maps, and we don't think that density goes everywhere, but we don't think it goes nowhere. What we are concerned about is that there is some flexibility; that we are not just at the mercy of the corridors. Now, that's a feeling that was expressed by the PAB. It's an -- a feeling expressed by MNU, and it's certainly the feeling of the neighborhoods all over -- all these years when you have the associations come up and talk to you about various land use -- land changes and small-scale amendments and things of that nature. So I hope that you will consider what we're talking about because we are asking for a neighborhood element, and that means your neighborhoods, Mr. Sanchez. Chair Sanchez: It means all the neighborhoods -- Ms. West: -- and that means -- Chair Sanchez: -- not just mine. Commissioner Gonzalez: No. This is (UNINTELLIGIBLE). Ms. West: No, but I'm looking at Mr. Gonzalez because he always -- he's the one who said, specifically -- and in your neighborhoods, Mr. Gonzalez, we don't have many homeowner associations and that's why you need a neighborhood element to do your own. Commissioner Gonzalez: I don't think you have any neighborhood association in my district -- Ms. West: That's what I said. Commissioner Gonzalez: -- that is a member of your organization. Ms. West: That's correct. And that's why I said we present a neighborhood element so each neighborhood, according to their needs, according to their requirements, according to their economic situation, gets to choose what's for them under your leadership. So I think they have done more in terms of flexibility for you than the original document or even the document that comes from the Planning Advisory Board, of which I am a member, but I am speaking just for myself. I'm not speaking for MNU. This is just something that had done. Long before I was a member of any of these organizations, I used to come before you because I'm a retired person, I'm civic -minded, andl worked for developers for 25 years; andl know good development from bad development. I know it in Florida andl know it in New York City. Chair Sanchez: Thank you. Ms. West: And I want to live in a great place, and that's why I put my time and dedication into this, and that's why neighborhoods have to look at what's going on. As far as trans -- Class II Permits are concerned, I have taken to saying to everybody who comes before the PAB when they proffer a Class II Permit, you don't have to worry to get a Class II Permit. They're not worth the paper they're written on, because if you don't have notice, the neighborhoods can't -- so I'm reexerting that point that if you don't have notice, you can't respond. So don't tell me you City of Miami Page 194 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 want a land use change, and you don't have to worry because it's a Class II Permit because if you don't know when it's approved. Now, we've been told in the past this will be taken care of in the zoning amendment. Well, when we worked on Miami 21, they said to this Commission, we addressed it, but it's still a courtesy notice. They didn't address it in the way we asked. They never came through, but they stood up here and said, you don't have to worry; it's been addressed. Commissioner Sarnoff. Nina -- Ms. West: So this is a very sore point with me. Commissioner Sarnoff. -- the language that's used in this document doesn't say Class II Permit. It says special permit. Ms. West: A Class II Permit is a special permit. Commissioner Sarnoff. Same thing? Mr. Suarez -Rivas: Yes. Ms. West: Same thing. Mr. Suarez -Rivas: Special permits are currently defined as Major Use Special Permit. Class II Special Permit, special exception. Commissioner Sarnoff. Okay. So it's not a Class I? Mr. Suarez -Rivas: Class I permit is a temporary permit for events. But come to think of it, I -- Ms. West: There are some Class I -- Mr. Suarez -Rivas: Yes (UNINTELLIGIBLE). Ms. West: -- permits where they put in -- Mr. Suarez -Rivas: It can be deemed (UNINTELLIGIBLE) -- Ms. West: -- air condition systems and things like that. Mr. Suarez -Rivas: -- can be deemed -- when it's not like for a garage sale, it can be deemed as a special permit, yes, sir. Commissioner Sarnoff. But if they use the word special permit in here, they're capturing Class Is. Mr. Suarez -Rivas: I believe -- yes, that is true, certainly for the ones that don't involve a garage sale on the weekend at your -- yes, yes, I believe you're correct. Commissioner Sarnoff. So let's say I was interested in their notice, but I'm not interested in capturing Class Is. What language shouldl use? Mr. Suarez -Rivas: Well, you'd -- Ms. West: Except Class I permits. City of Miami Page 195 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Suarez -Rivas: That's exactly correct. I'll agree. Commissioner Sarnoff. Except class -- Mr. Suarez -Rivas: Right. Special permits, excluding Class I permits, yes, sir. Commissioner Sarnoff. Excluding -- Chair Sanchez: All right. Commissioner Sarnoff. -- Class I Mr. Suarez -Rivas: Yes, sir, so there's no doubt at all. Chair Sanchez: Nina, in conclusion. Ms. West: Okay. One of the things the City has offered to address is the urban infill. However, we are asking for -- to them to address the (UNINTELLIGIBLE) exceptions. And this is all technical stuff, having to do with transportation, but there is a difference. And one of the reasons that Miami Neighborhoods United did not ask for the urban infill exception is because it might affect funds that you get from Tallahassee, tax credits. It never has before, but there is a possibility that it would affect you adversely. So even though everybody in that group wants that addressed, they felt that we should still have the opportunity to let the Commission deal with that because you may need the funds. So to think that we are on the other side isn't true. We are all on the same side here. We want a world -class city. We want a first-class city. We applaud the green building. We applaud many things, but there's other things that we need to address now. Another thingl wanted to mention -- Chair Sanchez: Wait, whoa, whoa, whoa, whoa. Ms. West: -- was additional elements. Chair Sanchez: Nina, your five minutes are up. Anybody want to give up their time? Ms. West: Thank you. Chair Sanchez: You haven't -- you don't have one. He doesn't have one of these. Ms. West: Well, go fill one out, Sue. Thank you. Chair Sanchez: If you didn't sign one of these, I'm not accepting it. Unidentified Speaker: I have a twin sister. Chair Sanchez: No, you don't. Ms. West: Go fill one out, Sue. Chair Sanchez: Listen, come on. We got -- Ms. West: Okay. Now, as far as Michelle Niemeyer is concerned, she hasn't looked at the maps very carefully because we are suggesting no larger than a 35-foot -- Chair Sanchez: Nina. City of Miami Page 196 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. West: -- building next to a -- Chair Sanchez: Nina. Ms. West: -- one family house. Chair Sanchez: Nina, how much time are you going to need additional? Okay. You got one minute, okay? All right. One minute. Ms. West: Okay. So basically what I wanted to say to you is we want economic viability in this city. We can no longer be a one -trick pony relying on real estate. It's a cyclical business. We need to encourage business to come in here and we can't do it when we bond everything out for infrastructure for buildings here, there, and everywhere because that money comes out of the three percent tax cut, and we need that kind of money to address other needs here. So if we -- the real estate business will always be cyclical. I mean, it may be coming to an end in Chicago right now, but it hasn't hit bottom here yet; and it might be a long time for us. Thank you. Chair Sanchez: Thank you. Graceila. No, no, no, not Grace. Graceila Garrido. Graceila Garrido: Yes. Hi. Grace Garrido -- Chair Sanchez: Grace, you're next. Ms. Garrido: -- 3620 Southwest 20th Street, Miami, Florida. I'm here thanks to Ana because when she started her presentation, she mentioned the language that had suggested to the PAB, and the PAB approved it. Andl thought it was in there, and then Pete said, "Oh, wait. It's been online." Well, I was home so I went online. This is what I got online. This document is a Planning Advisory Board recommended EAR amendment document of April30, 2008. First page of that says at the bottom Miami Comprehensive Neighborhood Plan goals, objective, policies, May 7, 2008 -- that's two days ago -- and my language is in here. So if Ana hadn't said that it had been taken out, I wouldn't be here, I wouldn't know. I would not have gotten notice, and I would not have had a chance to speak to you. So I am here to speak to you and beg you to put my language back in and explain to you why. The EAR -- Chair Sanchez: What's your language? What's the number? Ms. Garrido: I'm going to tell you right now. I want this included in LU-1.1.3(4). I want it in LU-1.6.1.1-- I'm sorry. 1.6.9; in HO-1.1.5; in HO-1.1.17, and in TR-1.1.1. Why? Because -- Chair Sanchez: Is it to diminish? Is that your language? Ms. Garrido: Excuse me? Chair Sanchez: Is your language the one that says that "Do not diminish the amount of area" - -? Ms. Garrido: Yes. Chair Sanchez: Okay. Because that's all over this. Ms. Garrido: That's exactly it. Chair Sanchez: Okay. Ms. Garrido: And let me tell you why. This EAR is differentfrom any other EAR we've done. City of Miami Page 197 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 And I've been in front of you, as some of you know, for almost 20 years. I was involved in the EAR that we did way back before 11000, andl was involved in 11000. I was involved with Sergio Gonzalez -- Rodriguez when he was here. I was involved with Guillermo Olmedillo when he was head of the Planning Department. This is why this EAR is different; it looks forward to Miami 21, and as such, it precipitates the need for the corridors to automatically grant by right buffer zones. Coral Gate is five blocks wide and four blocks deep from Coral Way to 16th. If you automatically grant those buffer zones, we disappear. Coral Gate is the second planned unit development in the Dade County area. It is the first planned unit development in the City of Miami. We have 463 homes that were built in 1949 -- 1948, 1949. We are significant to your city, and we don't want to go away. If you take that language out, you doom us because automatically, when Sears wants to go high because they're on a corridor, you automatically make the homes that backup to it buffer. What does that mean? They're no longer single-family homes. They can, by right, build something big. So, yeah, you've got your step-down, but we've lost a quarter of the neighborhood if you do it on Coral Way and 37th Avenue. And if density continues the way that it has, then we lose 32ndAvenue too. We're gone. The only neighbors that we have that are going to stay where they are are the people in the cemetery to the north of us. And that is all I have to say. Thank you. Chair Sanchez: Thank you. Can we address that issue? Can we address that issue as to the transition -- Ms. Gelabert-Sanchez: Yes. Chair Sanchez: -- and buffers? Ms. Gelabert-Sanchez: Yes. The language that we're leaving, the -- we are leaving, they got -- Chair Sanchez: Right. Ms. Gelabert-Sanchez: -- we're leaving the language that says degradation of public open space - - and I'm reading from LU-1.1.3, and that would be on the summary that we gave you, page 11 of 16 -- and it says, in public open space -- I'm reading the red, which is the new language. The - - what's black is language that already exists. Degradation of public open space, environment and ecology strategies to further protecting existing neighborhoods to the development of a proper transition standards and buffering requirements will be incorporated in the City's land development regulation. That language is there. We're proposing it. The part -- the one sentence that we do not agree is the one that says that do not diminish the amount of area encompassing the adjacent abutting residential neighborhood, andl would like to clam. In a lot of these things, as we were talking about it in the morning and many other times -- Chair Sanchez: But hold on, hold on. Ms. Gelabert-Sanchez: Sorry. Chair Sanchez: A lot of this language is just a difference in words, which make a difference in some cases, okay? Here you have strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements will be incorporated into the City's land development regulations. Ms. Gelabert-Sanchez: That's there, and that we are not removing, or we are in agreement with that. Commissioner Sarnoff The distinction with the difference is that the buffer can come from the R-1 neighborhood. That's what the folks don't want, MNU, or the folks out by Coral Gate. They don't want the buffer to come -- the bush, the tree, the setback -- on the R-1 neighborhood. They City of Miami Page 198 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 want that to occur on the commercial side. Ms. Gelabert-Sanchez: I think -- ifI may. The -- why we feel -- and we had some of that conversation in the morning with what we're proposing on Miami 21 of precisely putting those different transects that would have those buffers, and at that time, those are the things that we will have in place actually on Miami 21, even the ability to go for a zoning change, we're limiting it to only twice a year, not what you see everyday. But that -- yeah. Commissioner Sarnoff But here's the thing. I mean, nobody -- I mean, we did Miami 21 today, okay. I don't know that it's going to pass. He might turn around to me and go you got to be kidding me. I saw what they're going to do to my neighborhood; there's no way I'm going to let it go that low. I was thinking of 36-story buildings. I'm just funning with you, Angel, but that's -- might be what Jose. It may never pass. Everything you're saying to us predicates on the passage ofMiami 21. The gentleman sitting to my right, I don't think you could ever create the Miami 21 that he'll pass. You just don't know that it's going to pass. You have to operate under the assumption that we're living with 11000 right now. Ms. Gelabert-Sanchez: And precisely, Commissioner, going through that that we live on the 11000, that's why that language, we were eliminating it. And I'll give you an example. It comes -- when someone is asking for a -- first, a zoning change or a land use change is a public hearing; it comes to you. Sometimes, when you saw it -- because we had several projects last week or two weeks ago, where we, the Planning Department, for a zoning change, we don't have the right for a covenant. I believe you asked the -- in order for the lower boards to have that covenant because many times, the project itself -- someone ask for a zoning change, we say no, but the ability for you -- Commissioner Sarnoff Right. Ms. Gelabert-Sanchez: -- to be able to look at a project and be able to say, I agree or disagree because it may create that transition, it's yours. If -- with this language, our concern was that given -- Commissioner Sarnoff You're saying this -- Ms. Gelabert-Sanchez: -- that we're living on 11000 -- Commissioner Sarnoff -- language -- right. Ms. Gelabert-Sanchez: -- it was limiting your ability to look at a project -- Commissioner Sarnoff This language -- Ms. Gelabert-Sanchez: -- (UNINTET,TIGIBT,F) consider a covenant. Commissioner Sarnoff -- becomes inflexible because it requires the buffer to be placed on the commercial side. Ms. Gelabert-Sanchez: On the commer -- well, it's -- Commissioner Sarnoff Wrong? Ms. Gelabert-Sanchez: The buffer is on a commercial side, and when we look at a project, we look at it on the commercial zone. This one -- and I'm not sure as to -- Commissioner Sarnoff I know the project you're discussing. City ofMiami Page 199 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Gelabert-Sanchez: Yes. Commissioner Sarnoff. Andl know the issue you're discussing. Ms. Gelabert-Sanchez: Yes. Commissioner Sarnoff. But they're -- what they're -- they're making a philosophical different point with you. Chair Sanchez: Which is wrong. I agree with -- Commissioner Sarnoff. Well, that -- the citizens want -- I'm suggesting the citizens want -- they want to force the developer to incur the buffer, not the neighborhood. Ms. Gelabert-Sanchez: And we understand that, but sometimes the project -- even that we're living on 11000, it might be that you're actually creating the transition and it's not like another speaker said. If you have the high density on the commercial corridor -- and I'm not advocating either/or -- Commissioner Sarnoff. But -- Ms. Gelabert-Sanchez: -- I'm just saying it's the flexibility. That's all that it is. Commissioner Sarnoff. What they're saying is to a developer, look at what the comp plan says. When you go to buy that cheap piece of property that your intentions of upzoning it, understand that that buffer comes off of your FAR or FLR, whichever it will be in a couple years. They're saying don't put the onus on the neighborhood. You've got to bear to the onus when you come before the Commission, the Planning Advisory Board, whatever god it's going to be, and you tell god that you have to live within whatever dimensions that the master plan requires. It isn't inflexibility. They want it to be inflexible. Ms. Gelabert-Sanchez: We're just clan Eying our recommendation. That's all. Chair Sanchez: Snow, you're recognized for the record. Kricket Snow: Thank you, Mr. Chairman. Thank you for calling us next. We have an issue that's similar to what you just heard. For the record, my name is Kricket Snow. I'm vice president of the Miami Chapter of the American Institute of Architects. We are at 200 -- 275 University Drive, in Coral Gables. Our organization represents the local architectural community; no other profession, no developers, and we are about 700 strong in our membership. We're speaking on this item today because our profession, probably more than any other, except the attorneys in the audience, understands the relationship between the underlying comp plan and the Zoning Code; and that's exactly what was just being discussed today. We understand, for example, that if you have a responsible Zoning Code and a Zoning Code that the public and the profession can understand in a comfortable way, then the underlying comp plan can be in a evermore general nature. Conversely, if the proposed zoning is, A, either unclear or something that the public is not happy with, then I can understand why PAB has made all of these recommendations that they've made to the EAR because they want to try and protect what we have in our city. So in fact, AIA (American Institute of Architects) Miami believes that the City's new proposed Zoning Code does not address the issues it was intended to address, and one of those issues is outlined in our position paper that we handed out yesterday is this neighborhood character issue that everyone is talking about today. Our position furthermore -- AIA's position furthermore has not changed at all. We heard reference this morning that, in fact, it has changed and it has not changed. Approximately a year ago, AIA Miami stated in this front of this Commission that we supported the goals ofMiami 21, and in fact, we still do. We maintain City ofMiami Page 200 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 that we do still support those goals. And in fact, at that time, we committed to work in a collegial manner with staff and with the consultants to -- toward a final draft, and we did that. They've called us in and we've had several meetings, and we have worked in that manner. However, we have just recently come to our conclusion, after completing our review of the final draft that was posted just 60 days ago. When we came to this conclusion, our -- we have had a committee, by the way, for the last 18 to 24 months, that's made up of board members and of volunteer architects from our organization. They've been working for at least 18 months on understanding and analyzing the updates to the Code as they came out. Finally, on Tuesday, just two days ago, at our monthly meeting, our board unanimously voted to -- in favor of the resolution that we gave you yesterday; and what would like to do is read that resolution -- it's just one page long. Not even a full page -- into the record. Commissioner Regalado: Before you read it, can I ask you something? Because -- Ms. Snow: Yes, sir. Commissioner Regalado: -- you just said something that really struck me, and l just want to understand my level of trust. And this morning, the City Manager said that three month [sic] ago, the Chapter -- Ms. Snow: Yes. Commissioner Regalado: -- supported Miami 21, but because of a change in leadership, you had changed your position. Ms. Snow: I'm very glad you asked that. Commissioner Regalado: He imply, I guess, that the new leadership don't like DPZ (Duany Plater Zyberk). Ms. Snow: Oh. Commissioner Regalado: So I just want to understand if that is the case. Ms. Snow: That is certainly not the case, and I'm very glad you asked that question. In fact, our leadership -- our board -- the vast majority of our board members are still board members from last year. Our president has changed, although he's still on the board. So the leadership, in fact, has not really changed at all. And the idea that we would be against one of our own members is ludicrous. We are not against any of the architects in the City. We represent the architects in this City. We are talking here today about the future of the City ofMiami's Zoning Code, and only that issue. Commissioner Regalado: Thank you. Ms. Snow. Thank you. Chair Sanchez: Okay. Thank you. Next speaker. Ms. Snow: Well, actually -- I'm sorry. I just wanted to read this resolution into the record. It's less than a page long. This is the AIA Miami resolution that was adopted on May 6, which was this Tuesday. It says, "Whereas Miami 21 was instituted, and based upon certain identified goals, to one, address certain issues of incompatibility and adjacency; two, clarify certain inconsistencies; three, create predictability; four, create a more user-friendly code that would be understandable by professionals and lay citizens alike, and five, help create a world -class city by encouraging creative and world -class architecture; and whereas, the Miami Chapter of the City of Miami Page 201 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 American Institute of Architects has been engaged in the process ofMiami 21 over the last two plus years and its members have committed hundreds, if not thousands, of hours to the evaluation and analysis ofMiami 21; and whereas, during the course of the evaluation and analysis, AIA Miami has consistently questioned the need to create a completely new language not familiar to AIA Miami or the public and have requested and suggested many changes and clarifications; and whereas, the AIA Miami analysis has concluded that the proposed form -base code will not lead to and not facilitate innovative world -class architecture; further, it is unnecessarily complicated and restrictive while not actually addressing the goal identified for Miami 21; and whereas, AIA Miami has adopted the attached position paper, " which you've been given a copy. "Now, therefore, be it ordained that AIA Miami -- by AIA Miami that, one, AIA Miami remains fully committed to achieving the goals ofMiami 21; two, AIA Miami does not support continuing the work of the current form -base version ofMiami 21 with its completely new and unconventional language, but instead recommends that the City immediately begin work on specific changes or amendments to implement the goals of revising the existing Zoning Code, and three, finally, AIA Miami commits to the City that it will work with and assist the City in these endeavors and that the citizens and neighborhood associations in the most affected corridors, such as 27th Avenue, Biscayne Boulevard, Coral Way, for example, be engaged and involved in the creation of the specific solutions tailored to the issues in their neighborhoods. Passed and adopted this 6th day ofMay 2008, " and signed by our president. Thank you all very much. Dean Lewis: Dean Lewis, principal architect and urbanist at DB Lewis Architecture & Design, to hand in glove follow up with that resolution and bring us back to the creation of the comp plan, which is a general ordinance, and the zoning which goes to from general to specific. And the problem today, we have a wrestling match between the two. I would like to reiterate that this should be a hand -in -hand collaborative between a zoning code and a comp plan that work together. These issues of buffer and transition are exemplary in SD-9, where, in fact, the commercial zone does take in the buffer with a step down. We don't need to create a difficult terminology or a new entirely inconsistent, at this date, zoning proposal to meet those needs and demands. And in fact, ifI could also put on the record, I feel that today is a perfect example of more of a reactionary position from PAB to what is lacking in the proposed Miami 21 Zoning Code. And in fact, if we could address those issues more consistently and work together, we will resolve a much better comp plan remaining general and less specific as well as respond to the neighborhood's associations' concerns. One size, as ordained in Miami 21 at this time, does not fit all. There remains contradictions in transitions in the transect zones as proposed, as well as the languages; terminology, such as FLR verse [sic] FAR, and not to get into overriding detail or the science. It's an immobilizing situation that is blocking the market's recovery and at the same time will force developers to design their projects and go through multiple and (UNINTELLIGIBLE) interpretations as well as a waiver process prior to knowing what they can build on a piece of property and prohibit investment and stimulated growth at the most important time in our career as developing a wonderful city, such as Miami. The private realm needs to be remained in the hands of the architects, the developers, in the land owners. It is the public realm that needs to be controlled and should be ordained through the Miami 21 's proposed Zoning ordinance. Today we have a conflict of both. We have overcontrolling form documentation. We have overly specific areas in form -driven control of taming the high-rise, if you will; and then on the other hand, we have a lack of specifics in how we're going to associate with our neighbors, and our uses, and collaborate with our special districts, which are void of the current draft of Miami 21, so we all need to wake up. Our soldiers in black suits need to take off their blinders, listen more to the neighbor's associations, come together, and get this off of dead center. IfI may complete this with the opportunity to return to the real issue here between the comp plan and the Zoning ordinance, it's mapping. Mapping is still not resolved in the proposed ordinance. It's not resolved correctly with severe adjacencies and height and density still in existence in the 11000 Code, and it's still not resolved in terminology and use, as well as proposed mapping in the comp plan. We have to get together and orchestrate it in one fell swoop from general to specific. Thank you very much. City ofMiami Page 202 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Thank you. Mr. Lewis: And a good drawing of a bad idea is still a bad idea; whereas a bad drawing of a good idea remains a good idea. Chair Sanchez: Just a question. Have you ever taken a position on an EAR before? Mr. Lewis: Yes. Chair Sanchez: You have? Mr. Lewis: Yes, yes. Chair Sanchez: Okay. Mr. Lewis: Three -- Chair Sanchez: So this is not -- Mr. Lewis: -- years ago. Chair Sanchez: -- the first time. Mr. Lewis: No. Chair Sanchez: Three years ago. Mr. Lewis: Why do you ask? Chair Sanchez: On the same one? Mr. Lewis: Why do you ask? Chair Sanchez: No. I just ask. I want to know. I mean -- Mr. Lewis: Yes. I believe it was -- Chair Sanchez: So you didn't approve this -- Mr. Lewis: -- a different -- Chair Sanchez: -- when it first came out in 205 [sicg? Mr. Lewis: No, no. Chair Sanchez: You did not? Mr. Lewis: I did not. Chair Sanchez: Okay. Thanks. Mr. Lewis: Yep. Absolutely. Chair Sanchez: All right. Next speaker. Grace. All right, I think we have only two more City of Miami Page 203 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 speakers pertaining to land use and neighborhoods -- I'm sorry -- and then we'll go to the River. Grace Solares: Thank you, Commissioner. My name is Grace Solares, president ofMiami Neighborhoods United. Commissioners, I wish to reintroduce with the Clerk only -- I'm not going to give you any copies -- Hadley Williams' exhibits as MNU and me, individually, as exhibit -- the exhibits being introduced as persons as defined in Florida Statute 163.3164(17) and also adopt as such the exhibits tendered by Brenda Kuhn, Wendy Stephan, and Barbara Bisno. I don't have to tell you, Commissioners, the enormous amount of time. You've seen it by yourself and heard it that has required thousands and thousands of hours of man and women of this community, and that today we have presented to you their concerns and desires through their presentation ofMiami Neighborhoods United. As such, I request that this Commission include MNU's elements into the comp plan version that you will be forwarding -- finally voting and forwarding to DCA when you do approve it. I also need to correct quickly my dear friend's statement, Nina West; that we do not have an association member ofMNU that comes from Allapattah; we do. Durham Park is an Allapattah homeowner's association member ofMNU. Thank you so much. Chair Sanchez: Thank you so much. Tarbert [sic]? Is it --? I'm -- Janice Tarbert: Janice Tarbert. Chair Sanchez: Janice, whoever -- well, we have something in common; bad handwriting. Ms. Tarbert: Thank you. Janice Tarbert, 2520 Southwest 24th Terrace. Good evening. First, let me state that am member of the Planning Advisory Board. I was appointed by Commissioner Regalado, and have been on the board since September 2005. I am not here representing the board. To say I am disappointed with the actions of the Planning Department not support the work the PAB has done and urging you to support their version would be putting it mildly. The PAB has worked extremely hard on the EAR since March. There have been approximately five public meetings, such as the workshop, discussions, and such, with much input from the public, not to mention the time each member spent on their own studying all the documents we received from the Planning Department and the public. Sense becoming a member, we have not worked harder or longer on any other issue. If the Planning Department is not supporting the PAB's recommendations and only recommending approval of their version, then why did we spend so much time holding public hearings and working long hours? As you are aware, our last meeting on April 30, May 1, started at 6 p.m. and ended at 1: 30 a.m. I have not seen the newest version presented to you by the Planning Department, but did receive copies of a comparison chart. In the short time I have had to study it, I find there is a continuing pattern in the chart, and that is removing the protections for the residential neighborhoods that was part of the PAB's recommendations. I find it very interesting that on another chart, I received about 5 p.m. yesterday titled May 8, 2008, revised 3, on page 6, under proposed neighborhood master plans, the City has made a notation that states this element would cost approximately $2 million. I have a suggestion that will cost the City a fraction of the cost to adopt this. Instruct the Planning Department to work with representatives of the various residential neighborhoods and hire an urban planner. There are many residents who have already spent many long hours on these issues and have submitted their recommendations. If everyone would work together, this neighborhood master plan could be achieved at a fraction of the cost. But the key for this to work is the cooperation between the Planning Department and the neighborhood representatives. Everyone must work together. On one other item, the Port of Miami River. The City's version was rejected -- denied by a vote of 6/2. The Port ofMiami is a very important economically to the City and must be able to continue to exist. In conclusion, please support the PAB's, your local planning agency's recommendations. Chair Sanchez: Thank you. City ofMiami Page 204 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Tarbert: Thankyou. Chair Sanchez: All right. Wait a minute. Mr. Hernandez: No. Chair Sanchez: I got it. Mr. Hernandez: It's important to note, Mr. Chairman, the Planning Department does not have a -- their own version. In essence, 92 percent in agreement is quite significant. We only have a few exceptions. Chair Sanchez: I think you've made that point before. Listen, is there anyone that we left out to speak on the neighborhood plan that had signed in to speak? Okay. We're moving -- Are you going to --? I thought you were going to speak on the River. Martin, Ernie, come on up, all right, and then we'll go straight to the River. Ernie Martin: Thankyou -- Chair Sanchez: Did you want to speak on the River? Mr. Martin: -- for the opportunity to speak with you. I'm a member of the Planning Advisory Board, andl'm kind of a freshman because my Commissioner, Spence -Jones, just recently honored me with this ability to be on the Planning Advisory Board. Andl was shocked to learn how much work it involved, staying up -- not -- everybody's talked about the 1: 30 a.m. meeting, but there were many that went beyond midnight, and they also meet twice a month. This is a very conscientious group. Andl just wanted to speak here today. And I'm sorry I couldn't get here earlier and sign up earlier, Commissioner Sanchez -- Chairperson Sanchez, because I was dealing with my mother's estate after her recent death. However, I'm -- I was able to make it, andl'm happy to see all of my colleagues that have already spoken before you, andl'm especially respect to the fact that even though our chairperson, Arva Moore Parks McCabe, is out of town, her record was -- her statements were read into the record; and that Bebe Mann, our chairperson, also has made eloquent statements, which I totally agree with, that -- Nina West is here; and that Janice Talbert just spoke to you before I -- I'm here, so I just want you all to know that the Planning Advisory Board was doing its best to exercise its responsibilities as a local planning advisory board for you and to try to do as much as possible to do the proper thing for our Commission that appointed us. And we were all somewhat dismayed that the Planning Advisory Board did not take all of our recommendations into what we consider very considerable contention. And we understand that they have differences of opinion. And we also put many of our statements on the record, and some of them, but not all of them, got before you. And we believe that the protection of our neighborhoods -- you know, as a resident of Spring Garden and as a friend of many people who live in the Upper East Side and in Coconut Grove, we are very supportive of neighborhood preservation, and many of the recent appointees to the Planning Advisory Board had that in the foremost of their opinions when we made our decisions. Andl must admire the work of the Miami Neighborhoods United. They spent hours and hours. And Miami Neighborhoods United is a phenomenon that never expected to see in this City, where numerous neighborhood associations agreed to cooperate to come up with recommendations, and not only did they do recommendations, but they spent hours and hours of work; andl think their deliberation should be considered in all cases. Remember, that the -- the document before you, it states goals and objectives of the Miami Neighborhood -- of the Miami urban plan for our future, but it is listed as goals and objectives, but it also includes intentions where we should state what we also think are good intentions and give time lines for those intentions. And the Planning Advisory Board didn't agree with everything that Miami Neighborhoods United came up with, but we did agree that they were good intentions done by reasonable people over a reasonable period of time. And what we want -- are asking you to do City of Miami Page 205 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 today is to consider MNU's recommendations as good intentions and should be included in the time line -- Chair Sanchez: Thank you. Mr. Martin: -- for the future of our urban plan. Thank you. Chair Sanchez: Thank you so much. All right. Andrew, how much time are you going to need? Andrew Dickman: Fifteen minutes. Chair Sanchez: Fifteen minutes. How 'bout your speakers? I mean, how --? Mr. Dickman: I think we have five or six. Chair Sanchez: Yeah. Seven speakers. All right. Okay. Mr. Dickman: Good evening, Commissioners. Andrew Dickman. I represent the Miami River Marine Group. There are a number of us here, including Fran Bohnsack, who's the executive director, and Richard Dubin, who's the president of the organization. Let me start out by first saying that I'm kind of feeling like I'm chasing my shadow through this process, andl, quite frankly, have no idea what documents you have in front of you. And the documents that we believe are the documents that we have been working off of since the PAB is a document thatl obtained on Monday, I believe it was, and it has the date at the bottom, April 30, 2008; and then it's got a -- through the background, it says PAB recommended document 04-30-08, so I hope that's what you have in front of you. I have no idea, andl hope that whatever comes out of this body is actually the one that's transmitted to the State. It has been quite frustrating. I have not seen the Exhibit B that staff is referring to that has been put in front of you. In fact, it hasn't been on the Web site that advertises those things, so I just wanted to put that in a global objection. I don't have any idea what documents are before you, andl would assume neither do the public. I admire the staffs ability to try to break this down into something that's palatable in terms of 98 percent of agreement. It sounds wonderful. I've heard that a lot from individuals that represent developers who want to say, well, we've had "X" number of meetings. That's all wonderful. And then hearing the Planning director further classify it into five or six groups. Well, let me do that one more andl can classify it into two groups. One is we want neighborhoods to be ununited and we want the Port ofMiami River to go away because that seems to be what the bulk of the issues are tonight. I will also mention Brett Bibeau is here. We have the full support of the Miami River Commission. They've put that into the record, in terms of our proposals. We brought our proposals to the Planning Advisory Board not just on one occasion, but on numerous occasions. And the last version that came out of the Planning Advisory Board is a version that we feel we have some things in it that we wanted. It doesn't have everything in it that we wanted. We feel we compromised and we feel, over time, that that turned into a very good document for the Port ofMiami River, and we'd ask that you support that, albeit with one change, and the one change was brought up already. And this is Policy PA-3.1.1, and this is on my document, which is on page 66. Now, staff has adamantly told me that the way they heard the motion is the inverted of "shall" and "may." And whatl want to put on the record very clearly -- because I hope I don't have to have that transcribed and submitted and go through a big rigmarole. And you've heard two PAB members already say that it should be different. But the PA policy that I'm referring to should say, based on that meeting, the City shall encourage the establishment and maintenance of water -dependent and water -related uses along the banks of the Miami River, along with water taxis and water pleasure craft uses along the entire river, and to discourage encroachment of incompatible uses. That was the original language that should be in there, but for some reason, staff changed the "shall" to "may, " and then did not change in the second sentence the word the City "may" through its land development regulations allow, and this is important because it's antithetical. The way that they City ofMiami Page 206 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 have it written, it's antithetical to the goal and the objective in this subelement. If you read the goal above it, it says the City ofMiami shall help protect the Port ofMiami River from encroachment by nonwater-dependent or water -related uses. And then if you go to that policy, the way they have written it, it says the City may encourage the establishment of water -dependent." I mean, if you just think logically -- and I've seen the DVD (Digital Video Display); I watched it, andl think they're flat wrong, andl think that there's a purpose why they're making -- why they're allowing that change to not be corrected. And it's a calculated decision to show that mistake because all it does is it says the City may encourage, and it's the inverse of the second sentence that says the City shall allow residential development or -- as opposed to may. And I'm saying to you tonight that even ifyou feel that the resolutions and staff feels that it didn't have a motion or they didn't hear the motion, that askyou to make that change because it needs to be changed. It needs to make sense with the goal and the policy. Let me go on to askyou to reject whatever staff is going to be putting in front of you. I have no idea at this point what they have in front of you tonight. I know that I have a version of what they have distributed as of April 23. It's a one page document that says Miami River, and this is the third attempt to get rid of the language that has hindered development or their approval on -- of developments on the Miami River. The first one that they put forward was what I call the eviction amendment, and that was the amendment that said everything west of 27th Avenue is anything that's -- is what the Port ofMiami River is. Then came the repealer amendment, which deleted the whole thing and said we're going to come back in three years. And now we have what I'm calling the anything -goes -condos -anywhere -on -the -river amendment, andl'm asking you to reject this the same way that the Planning Advisory Board rejected it; and it's not based on data and analysis. There is no data and analysis behind this. All there is is a need and a desire to get back at the industry for winning three court cases. And this isn't about the court cases in this forum. I'm not here to argue our case because we've already done that three times. So I'm asking you flat out to not to reject that -- to reject that because -- In terms of the amendments, they have to be supported by data and analysis, as I said to you; and I've provided to you a quick copy. I've given you all booklets at the beginning of the week, but the document thatl gave out to you is specific as far as data on the river because that is what's required by the Growth Management Act and the rules concerning that, andl want to go through these very quickly with you. On the second page, you'll see that in 1988, the first Comprehensive Plan that came out of the City and the County listed 14 terminals, and as they revised that, the County, in 1995, then listed 28 terminals. In 1999, the Army Corp of Engineers -- andl'm going page by page -- they do a routine. I think it's every ten years, they do assessments of navigable waters. The Navigation Data Center identified 32 general cargo facilities on the river in 1999, of which 20 were in the City east of 27th Avenue. The 32 facilities combined equals approximately 13,000 linear feet of berthing space. Then in 1992, the City, itself adopted albeit, in principle, the Miami River Master Plan. In this master plan, some of the language says, the goal: Preserve the working waterfront. More than one/third of the Miami River corridor is a working waterfront of over a hundred marine businesses. Then it goes on to say in terms of formal marine activity, the Miami River is home to approximately 650 wet slips, of which 500 are commercial in nature. Then you go to 2002, and this is the Miami River Commission's urban infill plan -- corridor plan that was, in part, produced by the City, the County, and a funding from the State. And they identified 15 boatyards and 25 terminals, and this is in 2002. And then just as recent, on the next page, in 2007, I contacted the coast guard; and based on their database, they have seen 823 arrivals in 2007 from 70 individual vessels; and they have indicated that these are destinations both on the City and the County. Now going to 2008 -- and I'm on page 7. Each one of these data figures on page by page. In 2008, the -- there is an economic analysis of the Miami River that was just published from the Florida Atlantic University. And just one highlight is that the estimate of the impacts on the Miami River shipping industry on Miami -Dade County production in 2004 is at 680 million, creating 6,100 jobs with earnings of three million thirty-eight -- in terms of earnings alone. And then it is noteworthy that the average earning job -- per job exceeds 60,000 per year, and they state that the jobs on the Miami River provide wages considerably above the County average. There's some information in here about Homeland Security that Fran Bohnsack is going to address, but I City ofMiami Page 207 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 want to address the DERM (Department of Environmental Resources Management) activity facilities database, which is on page 9 here. And this is a database that recently acquired from DERM. The City Planning Department could easily have gotten this. And what it shows you is that there're a total of 234 active marine operators permits, so whenever you have a commercial marina or a shipping terminal, or a large commercial boatyard, they have to get a marine -operating permit. Sixty-nine of these are on the river and thirty-nine of these are in the City alone. Let me just point out on this map -- because we want to do -- explain more thoroughly. The map that you're seeing here in front of you -- and it's also in your packet -- is a map showing all of those 39 marine -operating permits on the river. This is current, active permits. I acquired this two weeks ago from DERM, and they have those types of databases. What you're seeing here -- and it's numbered on your map -- is that all through the City of Miami's version -- the City ofMiami side of the Miami River, there are numerous operating permits. They go all the way from the mouth of the river, all the way along the river from 5th Street, and then they're all the way up here in this area, Commissioner Gonzalez. This is also in your district. They're in almost every district that a Commissioner has on the river. Whether that matters or not, I don't know. What's important to me is the corridor on the river. What -- and of these, many of them are terminals. What I also want to have you see -- and this is a -- this is the 2002 Zoning map. The 2002 Zoning map shows in pink the SD-4, which is the underlying industrial areas where the marine industries can operate; and you can see what I've done is currently, there are -- at least there are six river terminals on the river, one, two, three, four, five, six. You have Trans Caribbean shipping, you have Bimini shipping, you have Ameritrade shipping, you have 5th Street terminal, you have North River Drive shipping, you have River Terminal Services, which is at 22ndAvenue. You can go online if you want, Google Earth; look at the aerial photographs. You can go on the property appraiser, and you will see ships docked at those locations; but you will also see, since 2002, in red -- I've numbered them -- Major Use Special Permits that have consistently been taking up industrial lands on the river. I -- by my count, there were at least eight of them. So what -- the point of this is to show you that there is data supporting the argument that you need a subelement, that you need this industry. It has been said by staff that well, it doesn't exist anymore. Well, that's simply not true. I'm not going to cover the different slips. There are wet slips, dry slips, commercial and recreational. That's all information that should be supporting your planning efforts. Finally, it's been asked of me over the last couple weeks, what are we going to do? What do we do about the river? Because there are areas that have been pointed out may need to be developed for marine operation; that don't these need to be developed for condominiums? One solution -- I'm going to page 12 -- is a recent piece of legislation that's called working waterfronts tax relief and the purpose of this -- this is a Florida piece of legislation -- is to give the operators of working waterfront properties to be able to have their properties assessed at value of their current use and not at their highest and best use. The second solution would be the fact that the Florida Forever Program has just been funded with dollars specifically for a new working waterfront's program to establish -- which was established to attempt to preserve parts of some of Florida's historic fishing water -- fishing ports. And finally, you have waterfronts -- and finally, what I would suggest to you in a specific way is that we come together and we go talk to the County about DERM's problems in terms of citing wet slips and dry slips with regard to the DERM and manatee plans. These are solutions that we're offering up if we work together. There are ways to enhance the river. And at the end of the day, what you're looking at are two competing interests, the staffs version and our version; and our version, we believe, is about jobs; and we believe that the staffs version is about condos. And finally, in marine -- the Marine Institute of Associations of Florida has recently published that Florida's marine industry represents a total economic output more than the citrus and cruise ship industries combined. We're talking about $18.4 billion. Over 220,000 jobs, the employment impact of recreational boating adds up to the more purchasing dollars than savings dollars, keeping the Florida economy robust. And finally, Florida's marine industry has an outstanding average growth rate of 24.8 percent annually over the last 25 years. So I want to leave you with this question and hopefully you'll ask yourself individually and collectively, how much of that industry do we have now and how do we get more of it? Andl would submit to you that the amendment that you're -- that they are asking you to propose -- to City ofMiami Page 208 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 accept is not going to get you there. The amendment that the Planning Advisory Board has passed will get you there. And we are more than willing to work with the City. We want to work with the City just the same way that we worked with the County. The County's subelement is very favorable to the port and the industries on the river; the City's [sic] is not, and that should be turned around. And the City should be looking at a balanced economy, not an economy that's based simply on real estate development. So if there aren't any questions, I'd like to introduce Fran Bohnsack, who will give you more information on her work and her organization in the marine activities on the river. Thank you. Unidentified Speaker: Mr. Chair, we would like to make one clarification concerning how the item was presented to PAB. Mr. Ruck. Harold Ruck (Planner II): IfI may. Harold Ruck, from Planning Department. In the -- in your package, you do have the proposed (UNINTELLIGIBLE) Planning Department by the Administration. This was the same document; it hasn't changed from the one that was presented at the Planning Advisory Board on April 30, and so it was introduced into the record at that time. They have seen it and are aware of it. Chair Sanchez: All right. Are there any questions for Mr. Dickman? Ms. Gelabert-Sanchez: Yeah. Commissioner -- yeah. Couldl have another point of clarification? Noel Chavez is here -- Chair Sanchez: Sure. Ms. Gelabert-Sanchez: -- from the Finance Department. It's regarding one of the exhibits that were shown. Chair Sanchez: Sure. Noel Chavez (Finance): Hello, Commissioners. Noel Chavez, occupational license supervisor. One item I would like the gentleman to clear up and he can -- the permits by DERM, they do not necessarily imply that they are for businesses that are active on there. I don't know exactly -- we searched our database, and what we found was directly -related marine businesses account to about 16 on the City is a couple of years ago that -- what we have in our -- in the City databases is businesses that are in compliance with the City getting their zonings and licenses and so forth. Those permits, I'd have to get with him and he can tell me what exactly -- if that's for an active marine -related business. Chair Sanchez: All right. Mr. Ruck: If may? Commissioner Gonzalez: Yes. Go ahead. Mr. Ruck: Harold Ruck again, with the Planning Department. And --just wanted to make a clarification on one of the amendments, the PA-3.1.1. We reviewed the tapes -- Hearing Boards reviewed the tapes and we went through it again afterwards; and as we understand it, there was a motion that was made. Our interpretation on the tape was that the word "may" was there, but it was in the first instance at the very beginning of the policy. A restatement was made by, I think, the chairperson, which, I think put it at the end. However, our understanding is when we have to review the legality of it, the motion was never altered; and so we had to interpret that motion that the word "may" was at the beginning and not at the end. Thank you. Chair Sanchez: Thank you. City of Miami Page 209 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Dickman: Mr. Chair, ifI could. Here's a solution to that. Forget about all that. Just change the language here. Chair Sanchez: Fine. Mr. Dickman: That's the solution. Chair Sanchez: Okay. Mr. Dickman: I mean, all of that -- Chair Sanchez: That's the solution. Next speaker. Unidentified Speaker: May I say something really quick? I made the friendly amendment to change it at the PAB. Chair Sanchez: Thank you. Denise, thank you. Got your name right now. Fran Bohnsack: Good evening. Chair Sanchez: All right, Fran. Ms. Bohnsack. I'm Fran Bohnsack. I'm with the Miami River Marine Group. I'm really here tonight to talk to you about some things that have been raised in conversations that I've had with most of you and/or your staff over the past few days. Before I do that, though, I do want to address the question that -- the technical question that was raised about marine operator permits. Those are permits that are granted for water -dependent use, so they are standardly [sic] considered part of the SD-4, and those are considered part of the associative activities of a port. A port is based on the critical mass of water -dependent activities, and so certainly, they are very important to be considered; the small ones equally as important as the large ones. What I'm handing you now is actually information that you have in your packet , but I wanted to give you this definition, which I simply downloaded from the FEMA (Federal Emergency Management Agency) Web site because; because FEMA now is charged with distributing the port security grant program funding. And if you -- you see in the purpose, it says the port security grant program provides grant funding to port areas for the protection of critical port infrastructure from terrorism. When we turn to the next page, you're going to see that the Miami River has been very successful in getting that funding because, clearly, the Department of Homeland Security considers the Miami River a port area of critical port infrastructure. That's one point. And if you look further down on that page, you'll see the eligible applicants include at the third bullet point a consortia of local stakeholders, such as river groups, ports, and terminal associations representing -- and here are the important words -- federally regulated ports, terminals, U.S. passenger vessels, et cetera. The Port ofMiami River is federally regulated by the coast guard, as well as by the Department of Homeland Security, the Army Corp of Engineers and U.S. Customs and Border Protection. On page 2, I'd like you to know what the consequence might be, because this question was posed to me specifically in talking with some of you. What if we take away the words 'port of?" Why is the 'port of' such an important concept here? And my response is that if you take that away, you take away our eligibility to apply for this funding. And if you look at it, this is just a list of our successful funding. We have, in fact, applied in additional realms before this, and we have applied on behalf of others, including the City ofMiami and Miami -Dade County marine patrols who were in need of boats, who were not eligible to apply for their own. And if you look at this, you'll see first we gained a grant of $50, 000 to assess the entire Miami River for port security purposes. That is something that would -- that was a requirement from the Maritime Security Transportation Act that we took on ourselves. It didn't fall -- it wasn't a cost that fell to you. In 2003, we got one million, six City ofMiami Page 210 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 thousand to create a camera surveillance system. In 2004, we got a million dollars to improve terminal security on the river, adding lighting, fencing, cameras, et cetera, interactive cameras, with the law enforcement groups. In 2005, we collaborated -- this is where -- with the City and the County -- to receive $1, 305, 670 so that your marine patrols in the City could get two new boats. In the County, they got two new boats. They got an underwater robot that the two agencies are going to share. These are helpful things for your law enforcement folks. And finally, this year the port security grant program has evolved. They have required that port areas work together. They have specifically said that this port area is the Port ofMiami and the Port ofMiami River. They have set aside $2.8 million, almost $2.9 million, as you can see, which is ours to acquire. What we have to do is work with the fiduciary agents -- agent who was selected by both ports -- they selected me -- in order to come up with a plan that will provide risk mitigation that is approved by the coast guard. The coast guard also approved me. Were I not to pick up my pen, you would not be eligible for any part of this two -- almost $2.9 million. That's just something about the importance of the term port. And underneath that, I've reminded folks -- as if we could forget; we've all struggled so hard with the dredging -- that what is an $86 million project, $76 million of it have already been allocated; and the purpose for the allocation was not an environmental clean up. It was not aesthetic improvement. It was to promote commerce, and that is a function of a port. Chair Sanchez: Thank you. Ms. Bohnsack. That's dredging for a port. And finally, some of you asked me, when we were talking, about vacant lands on the river; and my response in our informal conversations was -- and still is -- that the vacant lands I'm aware of on the river are either not marine -industrial zoning or there are two that are, and two -- those two, known as Coastal on the River -- andl see the owner is here tonight, so I wanted to say this in front of him -- and Brisas on the River, both of those are considered to be vacant. I just want you to know the background of that. They will tell that they were vacant before they purchased them. That's not exactly the case. The case with Coastal is that it has what is called a Row Row Slip. It's unique. It's one of only two on the river. It's a deepwater slip that allows a ship to back right up to it, lay down a track so that cars, vehicles, trucks, tractors, buses can drive right onboard the ship and get transported that way. It's incredibly valuable, but it requires the closest proximity to the seawall, and that was not possible before the dredging. The dredging that took place at Coastal on the River took place after it was purchased by the developer. So we're not accepting the charge of vacant land for that one. For the other one, Brisas on the River, maybe you remember -- I know you were here, Commissioner, when this subject first came up. That was an accusation. It was a vacant property. I happen to have with me a book-- andl still have this book, if anybody cares to see it - - of photographs that indicate the date and the time. I took the pictures the day before the hearing. I presented them here. The sheds were full of boats being worked on. And even today - - I know some of you have been out on the river in the last few days. If you looked into those sheds, you will see they weren't empty. It's not the most bustling that it could be because there are issues with the owners and the properties, but they are not vacant. So I wanted to make that point to emphasize that the port is a critical mass, smaller land use -- smaller land properties are equally important as feeders to the larger properties. You need to maintain what is left. Chair Sanchez: Thank you. All right. Richard. Mr. Suarez -Rivas: Mr. Chair. Chair Sanchez: Yes, sir. Mr. Suarez -Rivas: Do you rather hear from me at another time? I just wanted to respond to some of the legal points that -- Chair Sanchez: no, no. You -- I think the staff and legal should respond when you have -- City ofMiami Page 211 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Suarez -Rivas: Okay. Chair Sanchez: I mean, you're here to protect the City's interest. Mr. Suarez -Rivas: Right. Chair Sanchez: Let's have Richard Dubin. Richard Dubin: Yes. Chair Sanchez: No, no. Go ahead, go ahead. Yes, yes. Mr. Suarez -Rivas: Just -- what wanted to say, which is very briefly, in response --I think we're going to give you a legal opposition a little later, if we may -- is there's different definitions of port facilities. For example, what is a port in terms of a security measure by FEMA or something like that is, of course, not the same thing as what is a port in terms of the Comprehensive Plan. Dade County is a charter county; actually, operates the port, Dodge Island the Port ofMiami, and this County, and does so by various contracts and has specific legislation that no city in Dade County can operate a port without the consent ofMiami-Dade County. A port facility is defined by 315.02 Florida Statute as harbor, shipping, and port facilities, public landings, wharfs, break waters, basins, jetties, and so -- basins, excuse me. There's different definitions for different things, and a FEMA definition is not the same thing. Finally, if the Commission is thinking of a policy change in the Comprehensive Plan, there is a case, and that case is Indian Trail Improvement District versus Department of Community Affairs, at 946 Southern Second 640; and that case holds that if you have a policy change -- in other words, if the Commission is claming a policy, taking a different approach to something as opposed to approving new units, that less data and analysis is needed for that kind of a change. So I just wanted to put that all on the record for you. And we also -- the speakers have put many things on the record. I'm going to put on the record public documents that I know that the speakers have had for a very long time because they've made public records requests and they've been available. Memos dated October 24, September 17, and August 29, all of 2007, by the then City Attorney to the Mayor and City Commission, discussing the various river cases and the results of those rulings, and they're identified in there as the different river cases, Durham Park, Brisas del Rio, October 24; September 17, Herbert Payne versus City ofMiami, discussing the Coastal case, the Brisas del Rio project; the Hurricane Cove project; and I'm going to put all that as part of the record. Thankyou. Commissioner Sarnoff Respectfully, that's not data; that's legal arguments and decisions -- Chair Sanchez: All right. Mr. Suarez -Rivas: That's -- Chair Sanchez: Let's go. Come on, guys. We're not going to get into litigation here. Sir, you're recognized for the record. We've got to move on. We've been at this for almost four hours now. Mr. Dubin: I'll keep it brief. Chair Sanchez: It's an important legislation, butl think that we need to have a little bit of consideration here for all -- for everyone. Mr. Dubin: Thankyou, Mr. Chairman, Commissioners. My name is Richard Dubin. I am the president of the Miami River Marine Group. I'm a member of the Miami River Commission, and I've been working on the river for 25 years and various marine activities. You have to bear with City ofMiami Page 212 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 me because I'm a little confused why we're here. I'm actually confused why I'm here fighting to be protected as opposed to looking for benefits of how we can promote the marine industry. I'm a little confused why I went to four or five PAB meetings, andl went to many subcommittees on the Miami River Commission andl met with the attorneys and Mr. Rude and we discussed a lot of things, none of which I'm not sure are even there. I'm not sure they're included in your package or if they're really addressed properly. I'm also a little confused on who has the power - - I mean, I remember standing in front of the PAB meeting, andl wasn't talking to the planners; I was talking to the people that addressed us, the people that were on the board; and now it appears that the board apparently gets trumped by the planners. Why did we even go to the board? It just doesn't make any sense why they can come in and change the various things that we discussed. Andl heard you, Mr. Chairman, directly ask -- and of course, they were not answered properly -- is -- when you asked about the power of the PAB, he did not ask [sic]. He just said you were the final decision, but he didn't say where the person before has the power. Does it mean they come in and suggest to you what needs to be done or does it have to go through the PAB first? When you asked him that, all he referred to was you have the final decision. Chair Sanchez: It goes through the Planning Advisory Board. The Planning Advisory Board is a planning advisory board; giving recommendations to this Commission. Is that it? Mr. Suarez -Rivas: And both -- for the record, both versions -- Chair Sanchez: We listen to them, we listen to consultants, we listen to the public, we listen to everyone; and then we decide what's right for the City. Mr. Suarez -Rivas: -- were heard by the Planning Advisory Board and they voted on both versions at their last meeting. Mr. Dubin: Yes, that's correct. They voted the City proposal down. They didn't even want to hear it actually at the time. They refused to recognize it, to be exact. Chair Sanchez: Mr. Dubin, what brings you here? Mr. Dubin: What brings me here is that we have many businesses in the Miami River. Chair Sanchez: Right. Mr. Dubin: Okay. I've been doing it 25 years. It's -- the City seems to think that it's a nonexistent business. What they don't realize is that the marine industry is not a few shipping lines, it's not a hundred shipping lines; it's a very, very diverse shipping business. And if any of the Commissioners have ever gone down there or own a boat or even gone down to the river and gone to Garcia's and all, they would see many, many places along the river. And if you take away the ability for the people to go into the water from the river, then all the businesses that are around the river will survive -- will not survive, such as, if you're a boater, River Marine Supplies, Harbor Yachts Supplies, Cane Marine, Diesel Pro, Dockside Electronics, (UNINTELLIGIBLE) Foundation, United Marine. These are 20 or 30 places on River Drive that do business with people on the water, so when the City stands here -- the City planners tell you that there is no marine business, they're out of their minds. Of course we have no marine business compared to Fort Lauderdale because they trumped us. They promoted it. They didn't put it down; they worked with us. So what's happening here is this exact same thing that's what's happening in the past is we're being put down instead of being promoted; andl think you should look at the documents that the PAB submitted, really look at it, and don't want to look 25 years and say what happened to the marine business? It's no longer there. Where is the excitement on the river? It's no longer there. City of Miami Page 213 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: You own property in the river, right? Mr. Dubin: Yes, I do, sir. Chair Sanchez: What'd you do with it? Mr. Dubin: I still have it. I'm running a shipping terminal. And right now I'm struggling -- and I repeat, struggling -- to build a dry -stack marine. Commissioner Gonzalez: Where is your shipping terminal? Mr. Dubin: At 555 Northwest South River Drive. Chair Sanchez: 555? Mr. Dubin: Northwest South River Drive. Commissioner Gonzalez: That's right in your district, but that's by the 5th Street Bridge. Mr. Dubin: That's correct. Commissioner Gonzalez: And it's been dying for the last, I don't know, maybe eight years -- Chair Sanchez: Aren't you -- Commissioner Gonzalez: -- or more. Chair Sanchez: -- trying to change your zoning? Mr. Dubin: It was changedfrom a previous buyer. Right now I'm trying to do a dry -stack marina, so I'm in the process -- Chair Sanchez: So it got changedfrom industrial to residential? Mr. Dubin: Honestly, I don't know what it is now, but I still have the rights of a marine industrial property. Chair Sanchez: But you changed the zoning. Mr. Dubin: Well -- Chair Sanchez: You own the property, right? Mr. Dubin: -- the person -- Chair Sanchez: So you went from -- Mr. Dubin: -- who was applying did change the zoning, that's correct. Chair Sanchez: That's correct. So you own -- Mr. Dubin: I still own it, correct. Chair Sanchez: You still own that property? City of Miami Page 214 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Dubin: Yes. Chair Sanchez: Oh. Why -- Commissioner Gonzalez: Were you -- Chair Sanchez: -- didn't you protect it? Commissioner Gonzalez: -- a developer before? Chair Sanchez: No, no, no, no. Mr. Dubin: No. Chair Sanchez: Wait, wait, wait. Mr. Dubin: I'm not a developer. Chair Sanchez: Why didn't you -- Commissioner Gonzalez: You were not. Chair Sanchez: -- protect that property? Mr. Dubin: Why didn't I protect it? Chair Sanchez: Yeah. It's yours. I mean, if you wanted to keep it industrial, but you seek the land change and -- Mr. Dubin: Well, I didn't seek it; the buyer seeked [sic] it, so I still have the -- it's an overlay. I still have the property to do -- I'm still grandfathered in to do whatever I want in the marine business. Chair Sanchez: All right. Okay. Anyone else? Mr. Dubin: Thank you. Mr. Martin: Yes. Chair Sanchez: Mr. Martin. Mr. Martin: I'm Ernie Martin, a resident of Spring Garden on the Miami River and also a member of the Miami River Commission and the Planning Advisory Board, where we took our -- where we made our recommendations based on all that testimony that you've been hearing about. I must say that I've had to make many individuals available to me to make sure that being both on the Miami River Commission, which is totally advisory, and the Planning Advisory Board, which is quasi judicial, I've had to get opinions from both the Legal Department of the City ofMiami, which I heavily respect, and also the Ethics Commissions [sic] of the City -- of the County; so it's apparently okay thatl can be on both bodies. So I wanted to preface my statements on saying that believe that statements you've just heard from the Miami River Commission, which were corroborated largely on my testimony at the Miami River Commission and at the Planning Advisory Board, are valid. When I first moved in -- onto Spring Garden in 1980, I used to tell people I live in the City ofMiami andl live on the Miami River, and I'm very proud of that; and they would say, "Oh, how sad. How soon can you move out?" Because the Miami River was not considered a desirable place to live. It took the development community a long time to realize that water is water. And when the beachfront is carried out -- is filled up City ofMiami Page 215 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 with condominiums and when the Bayfront is filled up with condominiums, then the riverfront becomes the next available source. Andl saw the attention that the condominium development community began to take to the possibility of residential living on the Miami River, andl began to see the economics change; and it wasn't just the window out of my sliding glass doors, which I always thought very colorful because I could see the freighters, I could see people from Allapattah who were launching their boats at Curtis Park and launching -- and going up the river on weekends; andl could see the Haitian boats -- Chair Sanchez: All right. Mr. Martin: -- on their way. So you know, the river's a very colorful place to live, but it's still a waterfront community, and suddenly the condominium community and the rest ofMiami realize that and they began to pressure the City ofMiami and eventually -- Chair Sanchez: Ernie -- Mr. Martin: -- you know -- Chair Sanchez: -- in conclusion, my friend Mr. Martin: Okay. It's happened -- what has happened is that the riverfront is considered valuable property, Commissioner -- Chairman Sanchez, and it's become very contentious as to what the development is. I just wanted to speak as both a member of the Planning Advisory Board, where we heard much testimony, mucho testimony -- Chair Sanchez: Thank you. Mr. Martin: -- and at the same time, at the planning -- at the Miami Riverfront [sic] Commission, that we would want you to support our recommendations -- Chair Sanchez: Thank you, sir. Mr. Martin: -- which were that the Miami Marine Group's recommendations be adopted. Thank you. Chair Sanchez: Thank you. Next speaker. Commissioner Gonzalez: Before taking the next speaker, I would like, if you allow me for a minute, to call Mr. Richard Dubin back to the podium? Sir, could you, please? Mr. Dubin: Sure. Commissioner Gonzalez: I asked you a direct question, where you ever a developer, and you told me you were not? Mr. Dubin: That's correct, I'm not a developer. Commissioner Gonzalez: All right. I have a letter here from the Miami River Commission where it says in November 1, 2004, Ms. Claudia Velazquez, Greenberg and Traurig, and Mr. Richard Dubin, presented a proposed residential project which requires amendment to the land use zoning at 517, 515, and 603 Northwest South River Drive. Mr. Dubin: That's correct. Commissioner Gonzalez: Okay. That was your project, wasn't it? City ofMiami Page 216 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Dubin: No, it was not. Commissioner Gonzalez: It was not? Mr. Dubin: No, it was not, sir. Commissioner Gonzalez: Then how come that you present the application? Mr. Dubin: Because not being a developer, I was asked to sign as the seller because the developer requires the current property owner to sign in order for them to get the rezoning prior to someone buying it, which they did not. Commissioner Gonzalez: Okay. Mr. Dubin: You'd have to ask a developer the procedures or ask your people. Commissioner Gonzalez: But you -- Mr. Dubin: I was told to sign it. Commissioner Gonzalez: -- were trying to change your property from marine industrial to commercial. Mr. Dubin: I was not, no. The owner -- the person who was willing to buy the property, as I told to the Chairman -- Commissioner Gonzalez: But you sign it. You were the owner of the property. Mr. Dubin: I was the owner, correct. Commissioner Gonzalez: Right. You know, don't -- Mr. Dubin: I'm not -- you asked me if I'm a developer. I'm not a developer andl wasn't part of the project, so what else would you like me to answer truthfully? Commissioner Gonzalez: No. That's all I want you, to answer truthfully. Mr. Dubin: Okay. I just did. Commissioner Gonzalez: Okay. Mr. Dubin: I answered your questions. You can ask your Legal Department. I don't know exactly how it works, but if someone's trying to buy a property subject to zoning, the person there signs it. Is that correct? Commissioner Gonzalez: And you were my appointee to the front -- for Miami Waterfront? Mr. Dubin: (UNINTET,TIGIBT,F) what? Commissioner Gonzalez: You were my appointee to Miami Waterfront? Mr. Dubin: Yes, sir. Commissioner Gonzalez: I was -- I appointed you. City of Miami Page 217 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Dubin: Yes, sir. Commissioner Gonzalez: Okay? Mr. Dubin: Yes, sir. Commissioner Gonzalez: So I know exactly what you were doing with your property. Mr. Dubin: Apparently, you don't. Chair Sanchez: All right. Commissioner Gonzalez: Yes, I do. Chair Sanchez: Thank you. Commissioner Gonzalez: I have the documentation. Mr. Dubin: Okay. Chair Sanchez: Next speaker. All right. Commissioner Gonzalez: And let me tell you, a lot of people have boats in Miami and they take rides on the river, so be careful with that (UNINTELLIGIBLE) river because you know, you may never know. You may say something and someone that maybe you don't think has a boat has a boat -- Mr. Dubin: I'm sorry -- Commissioner Gonzalez: -- and travel the river. Mr. Dubin: -- I don't understand anything you just said. Are you accusing me of something, sir? Commissioner Gonzalez: Talking about if we all had a boat, that we could go through the river and see -- Mr. Dubin: I said if you had a boat -- Commissioner Gonzalez: -- the amount of businesses -- Mr. Dubin: -- you would understand more about the river. I was not -- Chair Sanchez: Oh, yeah. Mr. Dubin: -- saying anything out of ordinary. Commissioner Gonzalez: We do. Chair Sanchez: Okay. Come on. Next speaker, let's go. Munir Mourra: Good evening, everybody. My name is Munir Mourra, 2199 Northwest South River Drive. I'm the owner of River Terminal Services, which is a terminal at 22ndAvenue. It's a shame what see here. I'm an engineer by trade. I lived up north. I moved here in Florida. I love the water. I went into the shipping business for the past, what, almost 15 years, and what I City of Miami Page 218 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 see here is we've worked consistently with the community. I might say that I belong to the district of Commissioner Gonzalez. When I first moved in on that property, there was a lot of problem with the community. Commissioner Gonzalez: With the neighbors. Mr. Mourra: Yes. But today -- Commissioner Gonzalez: And you corrected the problems, and the neighbors are happy; they don't have anymore problems. Mr. Mourra: I'm happy that you can say that, sir. Commissioner Gonzalez: You haven't been disturbed anymore, right? Mr. Mourra: Never, sir. Commissioner Gonzalez: You took care of business, you took care of my neighbors; you don't have any problems. Mr. Mourra: That's very good. So in the spirit of cooperation, what I understand is and what I would like is that I've been in many meetings with the PAB; that there was a draft that was proposed to the Commission here; andl would gladly hope that you would consider that proposal as an advisor because, both as an engineer, as a businessperson, and as a green person, I believe that cooperation between businesses and neighborhood is a must, and we've shown that at 22ndAvenue, that you can have balance between businesses and housing. But the problem we're facing right now -- Commissioner Gonzalez: You can coexist. Mr. Mourra: That is correct. Commissioner Gonzalez: Coexistence is the word, right? Mr. Mourra: Coexistence is the key word. That's correct. Commissioner Gonzalez: You achieve it there. Mr. Mourra: Yes. Commissioner Gonzalez: Why can't it by achieved somewhere else? Mr. Mourra: Well, I think that's what the purpose is, is to achieve it -- Commissioner Gonzalez: Exactly. Mr. Mourra: -- all over the place. So the point I'm making here is that Port of Miami River is part of the financial of the City ofMiami. I do business permanently with Haiti, and everybody has heard of the problem Haiti is having right now. And what I can say is that if we lose terminals to (UNINTET,T IGIBT,F) and that you have this outskirt of condos, building and the terminals are being left out, what you have is is you cannot have those countries being serviced. These businesses cannot exist in the Port ofMiami. They cannot exist in Port Everglades. Shallow ports is what the City ofMiami provides with the Port ofMiami River. It is so important to have the Port ofMiami River because it provides the job, the economy, and also the co existence. And I'm glad to see that Commissioner Spencer is [sic] back because -- City ofMiami Page 219 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: I was actually watching you in there, so -- Mr. Mourra: Thank you. Vice Chair Spence -Jones: -- I know you talked about Haiti, and ran out here (UNINTELLIGIBLE). Mr. Mourra: Exactly. Well, the whole thing is without having being able to service Haiti -- and a lot of you know that very soon we'll have Cuba; and once Cuba opens, I wonder where we're going to have those boats go into. If we lose the remaining (UNINTELLIGIBLE) -- the -- Commissioner Gonzalez: Let me -- are you -- where are you from? Mr. Mourra: I'm from Haiti originally. Commissioner Gonzalez: You're from Haiti? Mr. Mourra: Originally. Commissioner Gonzalez: And Pi from Cuba. Mr. Mourra: That's what I'm trying to say. Commissioner Gonzalez: And Commissioner Sanchez was too young to know that, but Commissioner Regalado is old enough. In Cuba, in Havana, we have one of the biggest ports -- Mr. Mourra: I do know that. Commissioner Gonzalez: -- that you can imagine. Mr. Mourra: And I'm looking forward to do business there. Commissioner Gonzalez: So we don't need to transport merchan -- when that ever -- if that ever happens, okay? Mr. Mourra: It will happen, sir. Commissioner Gonzalez: If that ever happen under the communist regime, I hope that they don't have to go through a river to deliver merchandise because they have a big port in Havana. Mr. Mourra: Right, but there's a big difference because the small people. The small people cannot go to Port ofMiami. I'll give you an example. Commissioner Gonzalez: They're small people. Mr. Mourra: Permit me. Commissioner Gonzalez: They were delivering all kind of merchandise to Cuba in 1959, from cars to factories to everything; and they transport it to the port, and from the port they transport them in trucks -- Mr. Mourra: Permit me, sir. Commissioner Gonzalez: -- throughout the entire island City ofMiami Page 220 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Mourra: I'm an engineer and I've been in the industry; we know what the price offuel is. Commissioner Gonzalez: Don't talk to me about my country because I know my country. Mr. Mourra: No. I don't need to talk to you about the country, but I can talk to you about the trade because I thinkl have a lot of experience on the trade. And what the trade is about, sir, is efficiency. We can take a small example. Antillean Marine tried the example of going to Port Everglades and actually had to come back to the river. Why? Because the thing is, when you service small countries, the big ports cannot -- because the expenses are so high, we cannot absorb it. If we are to deliver those goods at affordable pricing to those countries, we need to have that efficiency that we have on the river. You cannot get it in the Port ofMiami. Andl can guarantee you, if somebody wants to send a car in Cuba, it cannot go to the Port ofMiami and bring that car. It cannot go to Port Everglades. And what we have lost in the City ofMiami, what we have lost in Miami is Port Everglades and port -- and Fort Lauderdale's getting it. Why is Fort Lauderdale is a booming maritime industry? Why? Because they attract the industry. And what I feel here is happening is that we are killing the industry. And what I am asking you is to look at the PAB document and look at what has been proposed by the City, and you'll realize that the purpose of having a plan, which we are called upon here is to have a plan to make things better, more efficient, more concise and less vague. If you look at what we have from the PAB, and you look at what the City has given you, we go from concise to vague. So I fail to understand that these gentlemen here are to protect the interests of the City. Chair Sanchez: In conclusion, sir. Mr. Mourra: In conclusion. What I'm saying is we need to support the PAB recommendations -- Chair Sanchez: Thank you. Mr. Mourra: -- not the vague document that is provided by the City. Andl need to say something to the City Manager. Sir, I thank you for being -- Chair Sanchez: Through -- sir, sir -- Mr. Mourra: No, no. It is very important. Chair Sanchez: -- through is Chair. Just -- the procedure is through the Chair. Mr. Suarez -Rivas: Through the Chair. Chair Sanchez: In that way, we don't -- Mr. Suarez -Rivas: All questions through the Chair. Mr. Mourra: Okay. Can I speak in regards to transparency? The City Manager has talked about being transparent, andl commend you on being transparent, andl encourage you of being more transparent; but I would have hoped that next time we're being transparent that the document that was given out ten minutes ago before the session could have more copies so we could have had a copy and see what you're talking about in the name of transparency. Thank you. Chair Sanchez: Thank you. I'm so glad we go through this every seven years only. Jesus. Captain Cory. My goodness. Cory Offutt: Hi. City ofMiami Page 221 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Yes, sir. Good evening. Mr. Offutt: Good evening. My name's Captain Cory Offutt, and I'm with Biscayne Towing and Salvage, andl operate my business at 151 Northwest South River Drive. We provide -- type of business I provide, I provide marine towing and salvage to the local marine community here in Miami. We provide an important -- it's not as big as the shipping industry, but it is an important maritime industry, okay. I employ five employees at this time, and they're all captains, and their -- it's a good -paying job. These are professionals, and of course, I'm a captain as well. And all of my employees, except for one, live in the area in the City ofMiami, too, so they're all (UNINTELLIGIBLE) their families. We're -- my job and their jobs are directly dependent on the water. If we don't have the water, we don't make a living, okay? And we can't run our boats from across the street or down the street; we have to be on the water. And as you know, commercial property and the water's disappearing everywhere. There's -- where in the County do we have a place to operate commercially? It's going away. And we're not big shipping companies; we're small businesses trying to employ people, and we need this property for the future. The guy I bought the property from was Captain (UNINTELLIGIBLE). He was in the marine business for 50, 60 years, his family. He wanted to pass it on to a mariner. That's why he sold it to me and not condos. So it's important to remember that guys look me are affected by these decisions. I don't know all the legal jumbo stuff butt know ifI can't compete, ifI don't have a place to run my business. It's incompatible -- I'm sorry; nervous. Chair Sanchez: It's okay. Mr. Offutt: It's incompatible to have residential business -- residential -- residents right next door to my business. It's not fair to the residents, and I work 24 hours a day. We operate 24 hours a day. We make a lot of noise. We -- it would be uncomfortable for a resident to be right next door, okay? And another thing that's incompatible is my taxes went up really high because all the condo [sic] in the area that's starting to come up, that rates is going up. And I'm not a big shipping company. I'm a small company. My -- I don't have a lot of area to expand. I can't make up more money to pay the extra amount that these taxes are costing me. Chair Sanchez: Captain, in conclusion, please. Thank you. Mr. Offutt: Okay. In conclusion, I would say that it's not just about making money for -- and we really need to protect this. I think we could solve it if you guys would just draw a line in the sand and say no net loss on marine businesses, and we could work the rest of it out. But appreciate - Chair Sanchez: Thank you. Mr. Offutt: -- you guys. Chair Sanchez: Phil, you're up. Aguirre, you're next, and then Lucia. Phil Everingham: Thank you, Mr. Chair, Commissioners. Phil Everingham, 2602 San Domingo, Coral Gables, 33134. Passed member and chair of the Waterfront Advisory Board, current vice chair of the River Commission, and here representing the marine council as a member of their board and past president. Two very quick points, if I may. The ultimate concern we have here, obviously, is economics, jobs, and money for the economy of the City of Miami, and of course, the industry -- the marine industry. First of all, my main point -- I represent --I was the marine counsel of the Recreational Boating Industry. There are a number -- a significant number of boatyards along the Miami River within the City that, quite frankly, if they go away, that severely (UNINTELLIGIBLE) the ability of the industry to take care of the boats here in the area. And another quick point, currently what you have in place with your City ofMiami Page 222 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Comprehensive Plan is a very strong -- one of the very strongest plans protected the working waterfront of any city, andl think that's something you like to protect; certainly, we would urge you to protect, and we ask that you do so and help the industry stay on the river. Thank you. Chair Sanchez: Thank you, Phil. Aguirre. Horacio Stuart Aguirre: Good evening, Mr. Chairman. I'll be brief. Horacio Stuart Aguirre, 1910 Northwest 13th Street, Miami, Florida. I'm a resident of the Miami River. I'd like to suggest to you that the presentation by the director of the City Planning Department is disingenuous and not really perfectly honest or transparent. You have a memorandum from City Attorney Jorge Fernandez that was given to the Mayor and to all of you. I have a copy. Mr. Vasquez, from the Miami Herald, has a copy of it, too. Chair Sanchez: He gets copies before we do over here. Mr. Aguirre: Oh, indeed, he does. No doubt about it. Before it got himself there's no doubt. And in that memorandum, the City Attorney discussed the three Miami River cases with all of you; and he suggested that the way to circumvent the ruling of the Third District Court of Appeals was to relegislate the definitions on the Miami River, and that is, in fact, what the City Planning Department is doing right now. This is not about clarity or about clarification or about transparency. It's simply relegislating the definitions and the applications of wordings to the Miami River so that you can sidestep and avoid the very harsh rulings from the Third District Court of Appeal. That's what this is all about. This is not about clarification, nor clarity. This is simply circumventing the rulings of the court. Thank you very much, sir. Chair Sanchez: Thank you. You were brief. All right, Lucia, I hope you're as brief as he is. And then we close the public hearing, coming back to the Commission for deliberation. Lucia Dougherty: Good evening, Mr. Chairman, members of the Board. Lucia Dougherty, with offices at 1221 BrickellAvenue. I first would like to commend the Planning Advisory Board because of their hard work and dedication, andl don't think I've ever seen a board work as hard as that one. Having said that, I do represent a property owner on the river, and we request that you support the Planning Department's recommendation this evening. They've done a very good job of balancing the interests of the property owners, as well as the marine industry. It encourages a mix of uses, industrial, commercial and residential. And it would encourage, for example, Merrill -Stevens, which is doing a very big enlargement and renovation right now. There is nothing if this plan that would discourage that. In fact, it would encourage it. But it also has a policy of supporting the 25, 000 jobs that come in Allapattah every single day. In the Civic Center, where we have -- where it would allow for not only residential, which you have none in Allapattah at this time, but commercial and other uses, without leaving lots that are vacant without any viable use. The Planning Board's version does not permit a reduction in the waterfront industrial properties. You understand what you're saying here? You cannot even apply for any kind of change to those waterfront industrial uses if this Planning Advisory Board recommendation goes through. This would tie your hands for anything to address any policy that you may have in the future, and it would constitute basically land banking, which I don't think is constitutional in the first place. I don't think you can bank land for a particular use, hoping that someday in the future it may occur. If it's such a robust industry, it will take care of itself. One of the things that my client has, it does have a marine -operating permit; has had one for a long time; is running a current boatyard and marina. He can't pay his taxes with what the income on that property is currently. You can't get any wet slips, you can't get any dry slips on the river. Mr. Dubin just suggested that he couldn't get any wet slips or dry slips. There are no - - you can't get any permitting. Chair Sanchez: Yeah, but that's because ofDERM. City of Miami Page 223 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Dougherty: Correct. Chair Sanchez: Don't blame -- we get blamed for a lot of things around here, but that's -- we don't have anything to do with that. Ms. Dougherty: Oh, I totally agree with that, but you can't get any. So how viable is that kind of industry we can't even get the slips? And having said that, and we would support the Miami Planning Department's recommendations and we hope that you do, too. Chair Sanchez: All right. Before we bring it back to the Commission for deliberation, let me take this opportunity to praise each and every one of you for your involvement; taking time away from your family and business to come in front of your legislative body and testify. I know it's not easy; at times, uncomfortable for people, but we certainly appreciate you being here. So at this time, we'll bring it to the Commission. We'll go -- Commissioner Marc Sarnoff, you're recognized, then we'll go with Commissioner Gonzalez, and then we'll take it from there. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff. Without a doubt, I want to thank everybody who has contributed here tonight, andl was intending on naming everybody, but -- the list -- Chair Sanchez: Well, how long is your presentation going to take? Commissioner Sarnoff. -- took about 60 names, so I won't do that. But I think the first place I'd like to start is the Miami River, and if -- Commissioner Gonzalez, this affects you obviously, the most. I did take a tour of the river. And this Commission is being asked to utilize its discretion, and discretion means the balancing of two competing interests, but I'm not sure there are two competing interests here because it's not an either/or. It can be an "as well." In the Miami Rivers [sic], we toured it. We went up and down the river and you can see exactly what is out there. District 2 has pretty much been built out, and there's not a whole lot left in District 2. And as you go towards the Chairman, he's pretty well built as well. The question becomes what do you do with the vacant land and then what are the existing uses? And you can see the vacant land there. You can see -- there is some uses that continue to be utilized for the maritime trade. And then you see something like this, which is an existing use that could certainly use a facelift and some reuse. But not speaking necessarily only about this particular facility, if we keep going further up, the river starts to become more and more industrialized. We happen to be by the bridge right there, but we're going to click to another section. And by the way, all you'll see up and down the river are bicycles and are mattresses certainly heading a certain direction. But there are some facilities -- this is right by Durham Park. This was something, I understand, did not create controversy. It's an extremely nice low-rise condominium that -- I think some of the concerns of some of the homeowners is the high-rise uses. I don't know that for a fact, but I suspect that very strongly. We happened to be following a ship that was going directly up to the County side, and that's a ship that's been in that condition for, I understand, about 14 years, very, very long time, and it's tied up in litigation, having been in federal court. I don't know how anything lasts 14 years, so I was a little concerned that that could be truthful, but -- I think we're going to come upon Allied Marine up here. This is one of the fingers that go up the river that is just chock filled [sic] with boats. There is just boat after boat after boat; people living there. Florida Detroit Diesel. Now, there's some -- an opportunity there because they don't seem to be servicing a great deal of maritime issues. They do have the facility to do it, but if you're up there, you'll see essentially it's -- Commissioner Gonzalez: They service buses and -- Commissioner Sarnoff. Buses, exactly. Commissioner Gonzalez: -- fire trucks and -- City of Miami Page 224 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Sarnoff. But a good opportunity. This facility right here would be an excellent reuse facility. This facility is not very utilized, and don't know the name of it. I should have probably spent yesterday trying to figure out the name of it, but -- Unidentified Speaker: Brisas. Commissioner Sarnoff. Is it Brisas? Good facility, and it really needs to be significantly upgraded and extended. It has a great situation on the river. And this an opportunity that we, the County, and maybe the State should employ to help maybe create further uses. This is -- I wanted to commend Commissioner Gonzalez because this is an actual affordable housing project. Commissioner Gonzalez: Affordable housing project. Commissioner Sarnoff. We actually joked -- we thought -- we learned that the condominiums cost less than the boats that were in front of it. Chair Sanchez: Hundred and forty-five. Commissioner Sarnoff. Yeah, about $145, 000. Commissioner Gonzalez: A hundred and forty-five thousand. Chair Sanchez: Not the boats, the condominiums? Commissioner Sarnoff. Right. Commissioner Gonzalez: Condos. Commissioner Sarnoff. The boats were significantly more. But as you continue to go up the river, I'm just not convinced that there are incompatible uses. If you just see right there, this is -- I always wanted to get to the end of this and show this to Pete. This is what I call "demolition by neglect." That is the East Coast Fisheries. Pete, there's the Lerners. Chair Sanchez: Not in my district. Commissioner Sarnoff. That's in mine. I thinkl got saddled with that one. Vice Chair Spence -Jones: In my district. Commissioner Sarnoff. That's in yours? Chair Sanchez: Yeah. Commissioner Sarnoff. That's a whole different issue, but that's East Coast Fisheries, and unfortunately, you know, that is in disrepair. But as we went up there, the river, we actually took note of everything that exists so -- not from the Internet, not from a Web site. We actually wrote down every facility that was operating, and here they are, Custom Ice, Big Fish Restaurant, the MRC (Miami Riverside Center) building, Finnegan's restaurant, Priegues Fisheries, Coastal Tugboats, Coloma Marina, Garcia's a restaurant, Casablanca Seafood, a restaurant. By the way, no longer in business, Brickell Shipping; Lopez Lobster, Hernandez Marine and Repair, Langer Krell Marine, Norris Man Marine -- used to be a very famous place by the way. I used to represent Norris Man -- Cane (phonetic) Marine, Bimini Shipping, no longer there; Merrill -Stevens, probably the biggest opportunity the City ofMiami will ever see in its lifetime. City ofMiami Page 225 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Should we fumble that ball, we should be shot and killed; 1700 Condo Marina will be working; Hurricane Cove Marina, underutilized; Allied Marine, I think a great facility for a reuse that's not operating, whatsoever, but you'd have to clean that finger out to allow Allied Marine to come back on line, and when I first came to Miami, I used to represent Allied Marine. River Max - -Marina, River Terminal Services, Florida Detroit Diesel, great opportunity to expand, and 25th Avenue Condo Marina. So there are approximately 21 users in the City ofMiami, and I've named a number of restaurants. You know, I get up here and one of the things I try to preach very much are jobs, because you can condo Miami all you want, and if you'd like to give everyone in the City ofMiami a condo, that's fine, but what are they going to do everyday of their lives to afford the rest of the condo? They have to have a job, andl don't think we do nearly enough here to facilitate jobs. But I'm going to say this -- because the ride up and down the river certainly opened up my eyes. I mean, most of the people that know --I've made my entire livelihood as a maritime lawyer. That means have represented Florida Detroit Diesel. I have represented Direktor-Ganell. I have represented Norris Marine. I have represented Allied Marine. And one of the things I did check with my clients, I -- because most everybody went to Fort Lauderdale, no doubt about it, andl heard a lot of people say Fort Lauderdale helped them get up there. Not true. There was no financial incentive given to Director to any of the facilities up there to move to Fort Lauderdale. It became a matter of convenience and it became a matter of them really facilitating the mega marine industry. And one of the industries that has been growing at an exponential rate are the -- are really the class of ships of 100 feet to now 300 feet, while I will tell you there are now 600 footers being built as we speak. Good opportunity with the City ofMiami? Absolutely for a Merrill -Stevens. Absolute great opportunity. If we ever, Mr. Manager, get our folks out at Watson Island to start digging and building and creating the mega marina, we will start competing with Fort Lauderdale, I certainly hope. And the marine -related facilities should come and they would likely be located up and down the Miami River. Let me get to my point because you don't all want to hear my observations because more times than not, what we're told on the dais, you can never convince anybody of what you see or what is out there. Everybody has a fixed position. But what said a moment ago is that I think there are compatible uses. I really believe that you can have a marine operator next to another user. I think that user can be a condo. I think -- hopefully, it doesn't need to be a high-rise condo, but that's not where we're going to set the heights, right here. We're going to set the uses. So what did, Commissioner Gonzalez -- and I'm looking to you only because, essentially, we're talking about your district, andl know this sets -- it's more than your district, but I look to you. And what did was I took -- I made a hybrid of the two, andl used a lot of the Administration's language, butl used a section of the PAB's, which is PAB Policy 3.1.1, and it says the City shall use its land development regulations to encourage the establishment and maintenance of water -dependent and water -related uses along the banks of the Miami River, along with water taxi, pleasure crafts uses along the entire river, and to discourage encroachment by incompatible uses." I used their entire language. The City may -- I'm using Bebe Mann's change -- through its land development regulations, allow for residential development along with Miami River in appropriate locations, provided the residential uses are compatible with the adjacent land uses while protecting the Port of Miami's river function and the operation of potential improvements." Now, from there, Commissioner Gonzalez, I went to the City of Miami's document, so I took the PA's 3.1.1 andl put it in the City of Miami's version, if you will, the Administration's version, 3.1.1. Commissioner Gonzalez: 3.1.1? Commissioner Sarnoff. Right. That's the -- it's the third paragraph indented. So I took the PAB's 3.1.1.; I put it in the Administration's. Chair Sanchez: Couldl make a suggestion on this so we don't -- Commissioner Sarnoff. Sure. City ofMiami Page 226 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: -- derail here? Let's debate the issue, then we'll get a motion and a second, and then what we'll do is we'll put the amendments or the changes that we want to put them in, and then we'll vote on them separately one by one. That way, we don't confuse the issue and we don't end up debating simple amendments over and over, so -- Commissioner Sarnoff. I don't know a simple way of doing this, Commissioner, because I don't - Chair Sanchez: Well -- Commissioner Sarnoff. -- know that -- Chair Sanchez: -- let me -- Commissioner Sarnoff. -- because to me, you almost want to take the river, then you almost want to take -- you almost have to debate this sort of issue by category by category at a time. I don't know that anybody's going to sit here and be able to elucidate in verse verbatim everything that they see. Chair Sanchez: And that's fine. But I think we've had plenty of time to review the 32 issues that have not been agreed on. Anything else is irrelevant. I think we agree on everything else. And what we could do -- the whole thing was to separate the neighborhood from the river. Commissioner Sarnoff. Right. Chair Sanchez: In that way, what we could do is whatever amendments you want to make to the language here, whether it's the PAB recommendation or the Planning and Zoning recommendation, put them aside and then once we vote on the issue, we could either put them all together and vote them all together or we could just put one by one, we vote it, and then we implement it to what we want to vote. That's -- Unidentified Speaker: Right. Chair Sanchez: -- the only way because there's too com -- it's -- there's too much complicity to be passing one issue of the river, one on the neighborhood issues, so that's my suggestion. I mean, that's the simplest way, unless somebody else has another recommendation; I'm willing to entertain that. Mr. Suarez -Rivas: What -- Vice Chair Spence -Jones: I just want to -- I just feel like I need to add this. I mean, Commissioner Sarnoff is going to make some recommendations on key issues, and I'm sure Commissioner Gonzalez is going to make -- we're all going to make recommendations on this. But for me, I just -- I have a big concern with rushing it. I really do. I really have a big concern with trying to digest what the neighbors have concerns with versus what the PAB has concerns with versus what the people on the river have concerns with; and -- I mean, I understand that, you know, we have to make a decision on this because it does have to go to the State, but I do want us to at least consider the idea. If we make our recommendations tonight, I'm cool with that. But I would want to really see the City staff really hammer it out, the Planning staff really hammer out the PAB's recommendations to make sure that before we decide to vote on something like this tonight, you know, that it's something that we're all in agreement with. And quite frankly, I don't feel really that comfortable with getting this document 15 minutes -- you know, we got -- I did get briefed yesterday, andl was told that that was the last document; and then I got on the dais today, 15 minutes before the presentation -- not even 15 minutes; five minutes before the presentation -- to now digest all of the other stuff that's being presented in City of Miami Page 227 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 front of us. And l just have a serious concern with us making a decision about something like this that's going to have an impact on all of our districts. I support, you know, the fact that, you know, there's a lot of things that Commissioner Gonzalez wants to see happen, you know, in -- on the river, and most of this stuff is -- if we're talking about the river -- really affecting his district and not really mine. Most of the areas, the industrial areas on my district, are very small. I think Merrill -Stevens is the only major one that have; the rest is all commercial, so I'm not really as affected as Sanchez and Gonzalez, but I still don't want to make a rushed decision about something like this because it's late or because we feel like we have to do it. And when I look at what MNU has proposed, you know, we clearly still have time, you know, at least by the next meeting, to at least allow for staff and whatever the PAB -- I mean, when I think about the PAB Board -- I mean, these are all people that we actually put on the board. We all recommended for these individuals to serve the City, and as stated by Ernie Martin earlier, you know, they go -- some of them go to two meetings per month, and we ask them to digest all this information and, you know, to give of their time, and then all of a sudden, once they do that, then we're not respecting it or at least trying to adhere to what their suggestions are. So I just, you know -- we know we got to vote on it and we know we got to make it happen, but you know, MNU's recommendations regarding the fact that we can still make the necessary deadlines in order to, you know, turn the information into the State should be considered. I mean, I just -- I don't understand why -- Commissioner Gonzalez: But let me tell you. The issue is not about Commissioner Gonzalez, it's not about personalities of the Commissioner or the name of the Commissioner. The issue is about a community, and the issue is the fact that according to some records that I got yesterday - - as a matter offact, I got them this morning -- we have number of property with industrial designation on the river ofMiami in the city limits, 59 properties; number of businesses operating with industrial designation, 12; and number of employees in business operating with industrial designation, 128. That's the reality. And none of my colleagues have taken a ride of the river, but I'm glad that you did, and you saw what's happening on the river; and it has been years and years and years and years since nothing has happened in that river. Empty lots, garbage accumulation, homeless, drug consumption, prostitution, the whole nine yard, okay? Andl have a responsibility not with the people that own industrial businesses, not with the people that make -- that comes to the City ofMiami to make their money and they live in the Gables or they live in the Groves or they live in, you know, in Plantation or in Broward, no. My obligation, like our obligation, is to our (UNINTELLIGIBLE), to our neighborhoods, to the people that elected us to do our job and to defend their interests. I have nothing against marine industrial business. Let me tell you, I hope tomorrow 12 big companies decide to come to Miami. I'll be the one to bless them, to do whatever it takes to support them, even encourage the City to (UNINTELLIGIBLE) contribution, tax -exemption, whatever, to bring industries, to bring employment, but it's not happening. It's not happening. We have a lot of restaurants. We have a lot of small shops where they do canvas and they do motor repairs and they do fiberglass repair. We do have a lot of that. Fish markets, we -- you know, fish restaurants. What want is to have the flexibility to bring new businesses to that sector. It doesn't have to be residential. It could be commercial. It could be a big super drugstore, a big supermarket. It could be, you know -- I don't know. Shopping center, I don't know. It could be a mixed -use. It could be a rental units with a shopping plaza, you know. I don't know. I need to have the flexibility to take care of that portion of my district, which has been abandoned and neglected for many, many years. Commissioner Sarnoff. Just have two issues I could add to that, Commissioner. Two things are happening: one, you should have your mega marina, we should know, by August or whenever it's supposed to be in the not very -short -distant future, whether it's going to happen, which I understand it is going to happen. That's a profound -- that is an extremely profound event to have 150- to 200-foot ships here in the City ofMiami that, trust me, break every three days. The best one breaks every three days and need something and will be supported by, I suspect, Miami River. The second issue that's coming that I understand you've waited a long time is the taxes are going to change, andl know it's not -- it's part of Amendment 6, if that's the correct number. City ofMiami Page 228 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 The taxes are going to go from highest and best use to what the industry brings. And those two revisions, I'd hate to see -- you know, the good news is no one's building anything tomorrow, and I know you want the flexibility, but sometimes a little bit of foresight, you need to at least, in your master planning -- and I'm not talking zoning; I'm talking -- is consider that we'd want to at least acknowledge this industry could come back and acknowledge its existence. Vice Chair Spence -Jones: Mr. Chairman, I just want to also just say to -- Commissioner Gonzalez: Would you allow me? Let me give you one perfect example. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: We approve here close to 2,000 units on the river. I had a very dilapidated marina. It was in shambles. It was totally destroyed. Once the owners of that marina saw that we had approved those units, they went there and repaired the entire marina, and we have -- you must have seen -- Commissioner Sarnoff. Yeah. Commissioner Gonzalez: -- the slips, close to 100 slips. They did everything, lighting, telephone, repair the docks, everything. Why? Because they expected that they were going to get a lot of business from these units. So actual, what's been done here is that the only business - - the only possible business that could have had happened in the river was stopped, so it's not residential, it's not marina; it's nothing. And, you know -- Vice Chair Spence -Jones: Mr. Chairman, I just want to just clear up with Commissioner Gonzalez. By all means, your statement earlier, it's not that I think that you -- you're not being sensitive to any of the issue happening on the river with the businesses. I mean, I clearly understand your viewpoint, and support you 100 percent. You know, that's not -- for me, I'm just telling you, you know -- and it's not really even about the river; it's all about the information that's being brought to us 15 minutes or 5 minutes before we have to hear the debate on the issues. You're right, I didn't get a chance to ride on the river to see this before the meeting, and guess what? IfI had the opportunity to have this item come back, I would go ride it myself, not just in my district because a lot of times we only pay attention just to our districts. That's how I know I only have that one piece of property that's industrial on, you know, the water. But ifI had the opportunity to do what Commissioner Sarnoff did, then maybe I might have a different viewpoint. But I support what you want to have happen. That's not what this is about. This is really about the Administration and the fact that PAB members sit on this board that we have basically appointed to sit on these boards, andl think it's important for us to at least respect their viewpoints. And that's really what it's more about than anything else. I'm sure at the end of the day, we're all going to not agree with every item, but at least the residents and the people watching on TV (Television) know that we did everything we could do before we made a decision on this issue, and I don't think that that's anything wrong to say or do. And I don't think staff should be upset. Honestly, I don't think you guys should be upset about it. Even up until yesterday, I know that Ana was busy trying to, you know, work herself to the bones to include some of the PAB items, you know, that were mentioned that were not a part of it. So I know it's not that you guys are not trying, but I just -- you know, it's very difficult to make a decision about something like this, but not -- without having the ample time to digest it. Even some of the people sitting out here in the audience even said today, you know, that they didn't even get a copy of the document for them to even review. Come on, guys. I mean, that's -- Chair Sanchez: All right. Vice Chair Spence -Jones: I mean, we -- these people elect us. Chair Sanchez: Commissioner Regalado. City of Miami Page 229 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Regalado: Thank you very much, Mr. Chairman. It's very interesting. It's very difficult, I guess, for everyone; especially on the issue of the river, I have some thoughts on it, but I wanted to focus on the things that especially I would like to see in this plan when it -- when we vote on it, whether today or some other day; and it's that we incorporate some of the things that we have heard here tonight. The -- this plan is the people's plan. It's not the Planning Department plan. It is not the Commission plan. It is the people's plan because the City is owned by the people and will belong to the people long after we're gone here, and this comp plan will stay for many, many years on. So I think that we should just try to start thinking of incorporating everything about notices. Because what I don't understand, I can't understand the fight between the marine industry and the developers and what is best for the economy ofMiami, but the only thing that I don't understand -- I'm really puzzled since we start this debate -- is how -- why and how this Administration and the staff wants to be the adversary of the people of Miami. The people want something, and the professional staff is 160 degrees against it. Everything is wrong. Everything should not be there. Even Pete, the Manager, who's always very mild manner, you know. This -- he was a blessing when we got rid of the other one, who used to jump and shout, and now he's -- today he's been very agitated sometimes. We are fighting the residents of the City ofMiami, and that's a fact, whether we want to acknowledge or not. The citizens have become adversaries of the government ofMiami. Andl think that we should start by sending clear messages, you know. Notices? Of course. Transparency? Notice is transparency. Notice is participation. My God, ifI could -- I don't know ifI get the support, but why would a citizen have to pay $500 to challenge a decision that was brought by a developer that has millions of dollars? It doesn't make sense at all. The other thing is the neighborhoods, you know. Incorporate the neighborhoods because it sends a clear message -- actually, since they won, we have been told that Miami 21 was going to save the neighborhoods, and now we don't want to incorporate the neighborhoods' element in this because it shouldn't be there. Well, guess what? Listen, we can put whatever we want and whatever we wish. Anyway, the people in Tallahassee are going to take it apart and approve what they want and reject what they want, and they going to send it back. This is just like HUD (Department of Housing and Urban Development). You know, we send all the proposals to Washington and HUD decides what should we do with the money that the Congress and the White House sends in every budget. But I think that we should start trying to become friends with the people in incorporating several elements, incorporating a lot of the elements, most of the elements, all of the elements that had been presented here by the representative. Andl hope that the City will not be able to lobby in Tallahassee to change the components that are sent because usually, you know, the elected official have the titles but not the power. The power is in the hands of the staff and the professionals. We are not professionals. So it is very important to leave here tonight sending a clear message to the resident that this is their plan, and that we should incorporate -- maybe we shouldn't even vote today -- all these element [sic] clearly, definitely, so DCA will have a clearer picture as to what is really coming out of the City ofMiami. As to the river, again, here we have two governments and two entities. The City ofMiami owns or represent the part of the river and Miami -Dade County the rest. The only trouble, though, is that -- so we have two set of positions here. Miami -Dade County is encouraging the marine industry, but Miami -Dade County owns the rest of the river, half, and they're landlocked. So anything that Miami -Dade County encourages will have to go through the part that belongs to the City ofMiami. The more boats that have to go through the mouth of the river, that's the only way to go out and to come in. Miami -Dade County should be told that they have to keep their properties. Andl commend Commissioner Gonzalez because he, inch by inch, looks at every property. But you know, the worst area of the river is in Miami, in the jurisdiction ofMiami-Dade County. In fact, one of the jurisdiction was a nightclub that was considered to be the biggest center to sell drugs in -- Commissioner Gonzalez: Centro Espanol. Commissioner Regalado: Centro Espanol -- the biggest ever in the history in Miami -Dade County and in South Florida of trading drugs. That is in North River Drive in Miami -Dade City ofMiami Page 230 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 County. There is no Code enforcement at all in that area. There is no Team Metro. The only thing Metro is in Melrose, andl don't know what they do. And so it is cooperation. My thought is that what is going to happen after all these Castros die -- because we need to get rid of both in order for Cuba to change -- is that we are going to see a surge in trade not only in heavy trade, not only in new cars or, you know, other construction materials, but at the same ratio that we're seeing with Haiti and Dominican Republic and the Caribbean; people are going to send everything, bicycles, scooters, old kitchens, everything because there's nothing in Cuba, like there's nothing in Haiti, like there is nothing in Dominican Republic. So the river still will be used, and it will be thriving after the Castro are gone, not now because now they have selective trade, so don't even think that the alleged changes in Cuba -- and mind you, discussing the situation in Cuba and the situation in Haiti is as important to the Miami River than the comp plan because it has to do everything -- the river has to do everything with Cuba and the Caribbean, especially Haiti and Dominican Republic. So I just look to my colleagues that represent the river, three of them, but as I look to them, please look to me. I represent mostly residential area, andl really want to leave a -- sort of a legacy that we really, as a Commission, protected the residential areas. What Grace Garrido from Coral Gate said is true; if we allowed this language, Coral Gate will be gone because it will come in -- the setback will take on 21st Terrace and the setback will take 36th Avenue and then the setback will take 31 stAvenue and then the setback would take 17th Street and Coral Gate will be gone, the first conservation district in the City of Miami. And so us residents of Shenandoah that live near 27th Avenue and Coral Way, 21 st Terrace will be gone, 25th Avenue will be gone, so let's try to do here what we are called to do, that is, number one, represent our residents. Andl stated, on the river, I look to my colleagues, but, please, look to the neighborhoods. Chair Sanchez: Do you have a solution? Commissioner Regalado: To the river? Chair Sanchez: No, to this. Vice Chair Spence -Jones: I have a copy. Commissioner Regalado: Oh, yeah, I have a solution. Chair Sanchez: What is it? Commissioner Regalado: Actually, I have a solution. I would approve Miami Neighborhoods United recommendations in the comp plan and send it, as it is, to Tallahassee -- Chair Sanchez: All right. Commissioner Regalado: -- with all the components, notice -- Andl would -- and then the river element, I will defer to you three members of the Commission who are representative of the river. But I'll tell you something, don't forget that this is a working river. It will be a working river. The fact that we don't control most of it -- and the part doesn't mean that we need to protect it. But I will tell you, if we want to end this nicely, I would tell you let's approve Miami Neighborhoods United -- Chair Sanchez: All right. Commissioner Regalado: -- with the Planning Board recommendation. The element of the Miami River will be different. Chair Sanchez: No, no, no, no, no. City of Miami Page 231 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Regalado: The port -- Chair Sanchez: Do you want it in there? Why don't you approve it exactly how the PAB recommended? Put -- hey, listen, might as well put in all the ingredients. Commissioner Regalado: Well, listen. Chair Sanchez: Is that your motion? Come on, we can't be -- Commissioner Regalado: That will be -- Chair Sanchez: -- here two hours -- Commissioner Regalado: -- my motion -- Chair Sanchez: Okay. There's a motion -- Commissioner Regalado: -- to approve -- Chair Sanchez: -- by Commissioner Regalado to approve with the PAB recommendations and all the elements. Is there a second? Commissioner Regalado: All the elements ofMiami Neighborhoods United. Chair Sanchez: Yeah. All right. Is there a second? Is there a second? There is no second. The motion dies. Okay Vice Chair Spence -Jones: I'd like to also -- Commissioner Gonzalez: Let me -- Vice Chair Spence -Jones: -- proffer a motion, though. Commissioner Gonzalez: If you allow me -- Mr. Suarez -Rivas: Mr. Chair -- Chair Sanchez: Hold on. Commissioner Gonzalez, then Vice Chair Spence -Jones. Commissioner Gonzalez: If you allow me, before you make your motion. Let me tell you why I can't support it, two reasons. One of them, Miami River; second, the word 'flexibility" was used here this morning, early this morning, andl said remember this word later on this afternoon. There was a -- the word "traditional neighborhoods" usedl don't know how many times during the afternoon. And let me tell you what the traditional Allapattah is specifically was for the rest of the City ofMiami. It was traditional for everything that any -- that nobody wants in their backyard. It was traditional because of the jails. It was traditional because of the hospitals. It was traditional because of the drug treatment programs. It was traditional because everyone want the homeless shelter to be in Allapattah. It was traditional because solid waste trucks, they dump their garbage in Allapattah. It's traditional because all the warehouses where everybody store their garbage is -- are in Allapattah. That is what they consider traditional; andl had been working for the last seven years to change that image and to change that perception and to change that rule. Chair Sanchez: Michelle -- City ofMiami Page 232 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Gonzalez: The more I hear this public hearing today -- and let me tell you, I wasn't in total support ofMiami 21, but I'm starting to support Miami 21 because Miami 21, throughout their process, would establish the mapping on the neighborhoods, and each neighborhood will be able to determine what they want in their neighborhood, and that is the system that I think -- because I don't have to impose on your residents in Coconut Grove what want to have in my district. I don't have to impose on the people in Overtown what I want in Allapattah. You know, every neighborhood -- you want to talk about neighborhood and neighborhood empowerment? What's better than the mapping? The community meetings on the neighborhoods, not neighbors from east going to west and from south going to north, no, no, no. Neighborhood meetings from the people from the neighborhood and let them determine what they want in their neighborhoods, andl will support that a hundred percent, okay? Limiting -- you know, this map, this limits development just on downtown where you don't have a piece of land. This -- to me, this is an absurd moratorium. This is moratorium on a refined -- very refined way establish a moratorium. You know, we want to allow development in downtown and development in Blue Lagoon in my district. The only place in my district where I can build a building is in Blue Lagoon, where there isn't ten feet of land, I mean. Where can I build, on top of another building? Okay. Now, in areas like in Allapattah, where we need to develop, Overtown, Little Haiti, Model City, we can develop; forget about affordable housing, forget about affordable homeownership, or forget about affordable rental. Forget it. No more. No. I'm going to have to start looking for, you know, millionaires that are willing to invest a million dollars in building a home in Allapattah. Come on. Chair Sanchez: All right. Commissioner Gonzalez: Single family. A million dollars single family in Allapattah. This is ridiculous. That's one of the reasons why I can't support this, you know, all the way, the way it's being presented Like I say, you know, I believe this plan, in many instances, affect District 1, 3, and 5. You don't have those problems in your district because, you know, the district is built. But you don't have those problems. And Commissioner Regalado, he just said it, he has residential areas all over the place. He doesn't have -- very little commercial, but you know, it's a established community that has been fortunate enough to be privileged throughout the years. District 1, 3, and 5 have been the disadvantaged districts of this City for many -- for the years thatl had been in this City, and it's going to be 60. Chair Sanchez: Vice Chair Spence -Jones. Vice Chair Spence -Jones: Okay. I just want to add onto your traditional neighborhoods, and you have done an outstanding job in Allapattah -- Commissioner Gonzalez: Thank you. Vice Chair Spence -Jones: -- training -- transforming Allapattah, making it a world -class neighborhood. Unfortunately, the shifting of them homeless shelters in our -- are all in District 5, but guess I'm going to work to address those, too. But I just want to add, I -- again, my statement was really not about the river, it wasn't really about -- there's three different positions that we've heard tonight -- was really about the public process and how, you know, from the standpoint of where we sit as district Commissioners, getting the information 15 minutes before we have to vote on an item, which means the public has not been informed with, you know, what the final decisions are. Andl asked the City Manager a few minutes ago, Mr. City Manager, for me, it's really more about respecting the fact that we do have a PAB Board that we all have appointed individuals to sit on, and you know, on one end we're saying we respect your recommendations on issues, and then on the other end we're saying, well, we don't have time to listen. I've asked the City Manager, you know, just so that I'm here, you know, whether or not, you know, it's possible for us to look at May 22 to, not to come back and hear all the items again. I don't think that -- I think we had enough of that today. We have a clear understanding about City ofMiami Page 233 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 what it is. But there's key things that I would like to -- myself would like to be able to do. I would like to ride up the river to get a better understanding of it. I would like to definitely flesh out with Planning because, again, Ana, you were not in the meeting with me; yes, staff was, but you were trying to handle some of the issues that came back from thatPAB meeting. Andl know that for a fact, my staff has worked very hard to try to at least get a greater understanding about what's happening with this whole process. And I just don't think that -- you know, you vote on an item like this, that you -- you should have a clear understanding about what you're voting on. And I'm just asking my colleagues -- I'm not saying -- I know y'all are tired and y'all want to go home, you know. I'm just asking that we defer the item, not to listen to the whole thing when it comes back because we all know what the issues are. But if we have the opportunity to at least include PAB's additional concerns in it, you know -- Chair Sanchez: Let me shine some light on that, ifI may. Vice Chair Spence -Jones: Well, I want to finish making my statements, sir, if you don't mind? Chair Sanchez: I do apologize for interrupting you, Vice Chair. Vice Chair Spence -Jones: Thank you. So I would like to at least ask that, you know, all of my colleagues sitting up here and the City Manager to at least consider bringing the item back on the 22nd, including the PAB's recommendations, and if there are -- I know that you mentioned earlier, when we talked for a few seconds, that there are some adjustments that could probably still be made, correct, Mr. City Manager? Mr. Hernandez: Commissioner, I have to again say that we don't have that many discrepancies when you realize that -- Vice Chair Spence -Jones: But you did state to me -- Mr. Hernandez: -- we have -- oh, of course, I did. Vice Chair Spence -Jones: I want to be very clear because, you know, what drives me nuts is for us to sit out here in the open when the public is watching us, right? And then we ask you a very pointed question and you give a different answer. So, I mean, if that was the case, then I would not be requesting that we wait until -- Mr. Hernandez: But, Commissioner, I think it's important and also to put on the record that we are extremely close when you have 90-some percent of agreement on a certain EAR -based recommendations, and we have like 32 exceptions that can be grouped in five or six categories; some of them are language, some of them -- like dealing with notices -- Vice Chair Spence -Jones: But what is the problem, Mr. City Manager, with making sure we hammer it out? I mean, if we have -- if you're telling me on one end we have the time that we -- after the 22nd, we don't have any time after that, what is wrong with the residents and the board member --? What is wrong with trying to make sure we get closest to the document as possible? This is going to affect everybody's district. I mean, I don't understand, you know -- Mr. Hernandez: Commissioner, that can be done. We can continue to work at it and we can close the gap even further. Like the issue on the notices, I don't disagree with the notices issue. However, what we need to do is to modify the Zoning ordinance -- Chair Sanchez: Right. Mr. Hernandez: -- to put them in. That's the answer. City of Miami Page 234 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: But you're bringing one item up when there are other items that are also -- that could be addressed or worked on too. And all I'm saying to you -- you know, again, it's five votes up here, so at the end of the day, you know, if the individuals have made the decision as to what they want to do, then that's totally up to them. I'm just appealing to my colleagues and I'm appealing to the City Manager and staff. These folks out here are the folks that elect us, you know, andl don't see anything wrong with giving them -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- you know, giving the community one more shot. If the PAB has some stuff in there that you just said to me a few seconds ago, yeah, Commissioner, I think we could still hammer out some items, let's hammer them out. That's all have to say about the issue. Mr. Hernandez: Commissioner, if it's the will of the City Commission, we'll do that and continue to work at it and close that gap; and then advise the DCA to try to expedite the review when we send it over to see if we can make -- Commissioner Gonzalez: Can I make a -- Mr. Hernandez: -- meet the deadline. Commissioner Gonzalez: -- suggestion? Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: Can we meet next Wednesday afternoon, but just to vote on the item? Discussion among the Commission. Chair Sanchez: But before we do that, let's get some -- we got to get some guidance here, okay. If -- hold on, Mr. City Attorney -- we were to do that, to have the Administration sit back with all the homeowners association, would that -- and let's say that there are -- some changes are made, it would still have to go back to the PAB? Commissioner Gonzalez: Oh, yes. Chair Sanchez: No? Vice Chair Spence -Jones: No. I was told that it did not have to. Mr. Suarez -Rivas: We think not, and I'll tell you why. There is, for one, a recent Florida Supreme Court case, Neumont versus State of Florida, in Monroe County, which is reported at 967 Southern Second 822. That case held that when there are ordinance amendments which still change an ordinance but meet the general purpose of an ordinance, okay, that that is acceptable and that that is not something that would cause an ordinance to have to restart. So for example - - answering your question; we want to answer it clearly -- if you're talking about the same subject matter, the same thing, and you're mod4ing this and that and here and there, it should be okay. Because the Florida Supreme Court said that the general purpose test strikes an effective balance between providing the public with adequate notice and permitting the efficient modification of proposed ordinances in response to public input. Chair Sanchez: No. Mr. Suarez -Rivas: And that's exactly what that case held, so if it's not -- so the answer is generally no, would not have to. City of Miami Page 235 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: It would not have to go back? Mr. Suarez -Rivas: No. Chair Sanchez: All right. Then my second question to you is the time frame, could it be done without us coming back for a meeting in August? Vice Chair Spence -Jones: I don't (UNINTELLIGIBLE). Mr. Suarez -Rivas: I -- Chair Sanchez: All right. Well, I -- I'm just asking the Administration. Mr. Suarez -Rivas: I don't understand. Chair Sanchez: I'll repeat my question. It's been a long day, andl hope that everybody please have the patience. It's been a long day. We shall get through this, just like we've gotten through everything in this City. All right. Do we have enough time to try to accomplish what this Commission -- apparently what some of the Commissioners want to do, which I support, having more -- little bit more time to see if we could work out our differences? Do we have time? Vice Chair Spence -Jones: I hope -- Commissioner Regalado: Mr. Chairman -- Vice Chair Spence -Jones: -- the answer doesn't change because I was told that it -- Commissioner Regalado: -- you have been here -- Chair Sanchez: Wait, wait, wait, wait. Whoa, whoa, whoa. Commissioner Regalado: Excuse me. I just need to help. Chair Sanchez: Commissioner Regalado. It's like -- Commissioner Regalado: I mean, everybody is trying to help. Chair Sanchez: You've spoken more than anybody. You want to continue to speak, you're recognized for the record, sir. Commissioner Regalado: No. Vice Chair Spence -Jones: Can he -- Commissioner Regalado: I did not -- Vice Chair Spence -Jones: -- answer the question -- Commissioner Regalado: -- spoke [sic] more -- Vice Chair Spence -Jones: -- first, though, Commissioner Regalado? Commissioner Regalado: -- than anybody. I just want to tell you that the experience on this Commission tells me, number one, that you can be late with the State of Florida; we have done City of Miami Page 236 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 this in the past. Number two, you can get an extension. Number three, the State of Florida does not guarantee that they're going to send it back exactly on 60 days, so we can do it on the 24th of July because we don't meet in August. So you know, you cannot put a time frame on the State of Florida because they don't just go by that. That's my -- that's what I wanted to tell you guys. That you don't -- we are not pressed by time of doing this tonight or tomorrow morning. Chair Sanchez: Okay. Vice Chair Spence -Jones: I was told -- Chair Sanchez: Now, let's -- Vice Chair Spence -Jones: -- though -- I just want to -- Chair Sanchez: Can I get some control of this meeting, please? Hold on. I was told -- andl have as much time as all of you to sit down and try to work this out and try to find a solution to this problem. And when I asked the Administration, they said that we could not get an extension. Now, if you're getting information that I'm not getting, please provide it to me or tell me. Ms. Gelabert-Sanchez: We cannot -- Chair Sanchez: Because you told me we cannot get an extension on this. Ms. Gelabert-Sanchez: We cannot. Chair Sanchez: Okay. Ms. Gelabert-Sanchez: And that question was asked -- Chair Sanchez: So -- Ms. Gelabert-Sanchez: -- we cannot. Chair Sanchez: -- we can't. So the question is, if we don't, once again, figure out how we're going to do this before August 15, then we are automatically not in compliance with the State; and that's something I'm not going to be held responsible for. Vice Chair Spence -Jones: I was told -- Chair Sanchez: Okay? Vice Chair Spence -Jones: -- by the -- Mr. Chairman, I was -- Chair Sanchez: I'll yield to you, and then I'll have the floor back. Vice Chair Spence -Jones: Okay. I was told by the Administration that if we got it -- if we did it before the 22nd, we still have the time to make it in. Is that a correct statement, guys? Mr. Ruck: Harold Ruck, with the Planning Department. I would argue that that would be very problematic because the DCA has 60 days. They have been very good in history, at least where the City's concerned, in getting their comments back to us on time. But with that 60 days, that -- from the 22nd, that would put us in -- Vice Chair Spence -Jones: What -- the Chairman just actually said next week. Well, actually, Commissioner Gonzalez just said next week we could have a special meeting just on Wednesday City of Miami Page 237 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 to address it, not hearing any more -- -- Chair Sanchez: No, no, no, no, no. Vice Chair Spence -Jones: -- public com -- Chair Sanchez: We've had enough public meeting. Vice Chair Spence -Jones: Right. Chair Sanchez: I'm not having any more public meetings. Vice Chair Spence -Jones: Right, we're not -- I'm saying -- I just said that, Mr. Chairman. I just said that. Not having any public meetings on it. We're trying to find a -- strike a compromise with our residents that elect us. Mr. Ruck: With the time that it would take to put the document together from the report, it would be extremely difficult. Five days, it would be really difficult. Vice Chair Spence -Jones: So you cannot -- next Wednesday, we cannot -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- have a meeting on this to hammer out the issues. Is that what you guys are saying? And this is the problem that I have, because one minute you say one thing and then the next minute you say another. You say it differently on the mike than you say it -- so -- Mr. Curtis: Commissioner, rob Curtis, with the -- consultant with the Planning Department. DCA is legislated; they have 60 days. They can't take longer than that by legislation, so they have 60 days. So if it goes out tomorrow, it would give us 12 days from when we get the comments back from DCA to bring it back in front of you. That's -- if -- yes, if we go to next Wednesday -- if we go a week from today, we then have five days by the time we get the comments back to bring it back to you. That's the reality. Vice Chair Spence -Jones: I -- to me, honestly -- I mean, it should be obvious -- we're here at -- what time is it? -- 9:15 tonight. Commissioner Regalado: Let's vote tonight. Chair Sanchez: Hold on. But I haven't had a chance to talk, Commissioner. You want to talk again? Commissioner Regalado: No. I mean, you're the Chairman. Vice Chair Spence -Jones: What is the issue? Chair Sanchez: I am. Commissioner Regalado: You decide. Chair Sanchez: I'm trying to get a -- all right. You know, I have never been able to figure out why they put the version all the way in the corner out so far away from us. Had somebody ever figured that out? They put the version all the way in the corner. Commissioner Regalado: The what? City of Miami Page 238 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: No one's figured -- I'm still trying to find out how they did that. Look -- Commissioner Regalado: What did he say? Commissioner Sarnoff. (UNINTET,T IGIBT ,F) version (INAUDIBT,F). Chair Sanchez: Regalado's trying to figure it out. Commissioner Sarnoff, help him out a little bit. Look, I stated earlier today that, thank God, this is every seven years. This is very important for this City, folks. Vice Chair Spence -Jones: Yeah, it is. Chair Sanchez: All right. This is -- once we write this and we put this together, it is it. That is it. If we don't comply with it, we are doomed as a city. Look, the PAB has done an incredible job, okay, working with the staff and) take the PAB's recommendation to heart. I do. I may not agree with you on every issue, but when I sit there, I analyze your recommendations to make sure they're in the best interest of this City. But, folks, we cannot just depend on the PAB's recommendation. There are recommendations from everybody, homeowners, consultants, staff. Staff is the one that knows about these things, and when they make a tough decision like this -- andl've been here for quite some time, and they -- you know, they worked out -- and maybe just - - somebody brings out -- and every time they bring out open process. My goodness, let's not talk about an open process -- Miami 21. Before we're done with it, we're going to have a thousand meetings, okay? This started December 204 [sic]. This just didn't happen last week. We've had years to try to work something out. Since December of 204 [sic] we've been working at this. PAB knew it. Amendments, 23 public meetings, 23 meetings where I could read down and go down and every Commission meeting had one, different areas had one, Flagami, Upper East Side, Coral Way, West Flagler, Coconut Grove, Little Havana, Overtown, Model City, Allapattah, PAB discussion, PAB workshop, PAB recommendation, meeting with the Chairman, and it goes on for 23 meetings. That's just the amendments on the EAR, 30 meetings, where Mr. Hadley has probably gone to every one of them. Haven't you? Member (UNINTELLIGIBLE), you have gone to every one of those meetings and still, today we're complaining about not having an open process where we have basically have agreed on 92 percents [sic] of the stuff. I can even agree with my wife with 92 percent of the stuff. We're always going to have -- disagree on issues. Everyone has worked together, the Administration, PAB, the Miami River Commission. You know, we have to make that decision, us here. We could defer it. Ladies and gentlemen, I'm not a populist. I'm not going to get up here and give you, oh, it's for the people and by the people, because you know what it is? The homeowner association should be very involved in it, but you know what? It isn't going to be Jack's EAR or Pedro's EAR or Juan's PAR [sic], or anybody. It is a participation of everyone. And we have an opportunity today to say, you know what? Out of 403 goals, policies, and objectives, we have agreed on 371. Theirs isn't that far apart. If you look at your recommendations to the PAB, ladies and gentlemen, it's sometimes about wording, a simple word. You don't agree on a word, but when you look at it, it basically is the same thing. Some of the recommendations that the experts are making -- and believe me, I've done everything I can with my staff on this EAR. We've had meeting after meeting with the Administration to see if we could bridge that gap between the Miami River Commission, between the MOU [sic], trying to find a solution to the problem. You know, if we look at it, it's just a difference of words. We're all for smart growth, but it's a difference in words and stuff. I mean, I'll tell you one thing, I could go down it -- and no Commissioner has done it - - gone down through every element and has gone -- I can't support not to diminish the amount of area because that's bold. Now, the language on the other side clearly identifies how we're going to handle it. It's basically just about the same thing. There's some language in here that just flat out -- and I agree -- it's lower density to an extreme in certain areas of the City. I'm all for smart growth. As a matter of fact, I have an amendment to this plan that I will -- that I would add on when, hopefully, we vote on this issue. You know, some of the studies that have been proffered City of Miami Page 239 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 here, it clearly states that some of these studies are going to be done by Miami 21, so a lot of the things we can't have duplication of services because Miami 21, when Miami 21 is adopted, whether it is or not, but it will address those issues. So I'm just saying that we need to come up with a compromise to move this thing forward. I mean, if you want to continue to want to have another meeting, I'm all for it. I'll give you plenty of time to try to work things out. I just think that we're in this position because basically, everybody's at fault. PAB came with those recommendations, what date? What was the date that PAB came with those --? Vice Chair Spence -Jones: April 30 Chair Sanchez: April 30, to work those things out, till today it's hard for us to work those out. And if you expect that your language, all your language is going to be on the amendment, ladies and gentlemen -- I'm not a populist; I'm not going to tell you what you want to hear. I don't think you're going to get all your languages in there. You're going to get some of those things, so maybe instead of 92 percent, we come up with a 95 or 94 percent, but you know, we got to figure this out today. If we don't and we -- it goes to Tallahassee and we end up not being in conformity, it's going to be an issue. It's going to be an issue for the City ofMiami. Commissioner Regalado: Mr. Chairman, ifI may. Vice Chair Spence -Jones: Well, Mr. Chairman. Commissioner Regalado: If I may. I don't -- I just don't understand how we deviate from the issue because the PAB didn't invented the ER [sic]. They didn't invented [sic] the document. They just discuss what the Administration gave them, and if this started -- if we started with this in 2004, well, it's somebody's fault that we haven't been able to discuss this before and now we are with a gun to our head because we're -- we could be in noncompliance. I don't think what -- that we should have more meetings. I don't think that the Administration should meet more with the resident. I think that the camps are very well defined, you know. The residents want this -- this is not to document of join this, and you and me, or other. This is the document of the people ofMiami. The PAB had a version. Miami Neighborhoods United had another one and the industry had another one. The only thing that we have to do is just decide which one it is. I -- Commissioner Gonzalez: Yeah. Regalado -- Commissioner Regalado: -- clearly -- Commissioner Gonzalez: -- but I think -- Vice Chair Spence -Jones: Yes. Commissioner Regalado: -- said -- Commissioner Gonzalez: -- it's the document of all the people of the City ofMiami. Commissioner Regalado: Of all the people of the City ofMiami. Commissioner Gonzalez: All -- inclusive of all the people of the City ofMiami. Commissioner Regalado: -- of all the people of -- and this is my point. This is exactly my point, thatl would look at the three Commissioners of the river for direction on how this should be handled, but as a Commissioner for the City ofMiami, I think that we should incorporate because it makes sense, not because it was given by them what the Planning Board said and what the group of resident that had been working month and month has done. You, the Administration, ask us to appoint two members of the district; we did. You, the Administration, City ofMiami Page 240 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 miss informing those members on two meetings, and then you recognize that you did that, and you then -- Pete, I have the information. I don't want to prolong the -- this conversation. You missed informing the date to two of the members of the -- of this group that you created, andl just -- I'm pointing this out because you ask for it; we responded. We have not ever discuss this at the City Commission level, not until today. It's not the Commission fault that we will not be in compliance. So, you know, I'm ready to vote. I would tell you, this is the people's plan. For me, notices solve a big problem. The best system of notice mandatory. I mean, whoever doesn't comply is fired by the Manager. Mandatory. It would solve many problems. It will solve legal cases of residents filing suit against the City because that way, will give the residents the possibility of challenging any and all decisions of the Administration or even the Commission. And the neighborhoods protections, it's important. The buffer for the commercial, it's important. The fact that the City is not a traffic concurrency -- Chair Sanchez: Commissioner -- Commissioner Regalado: -- that is important. Chair Sanchez: -- those items are in the EAR. Vice Chair Spence -Jones: Mr. -- Commissioner Regalado: No, they're not. Chair Sanchez: Yes, they are. Vice Chair Spence -Jones: No, they're not. Not all of them. Commissioner Regalado: No, they're not. Vice Chair Spence -Jones: Not all of them. No, they're not. Commissioner Regalado: No, they're not. Vice Chair Spence -Jones: They're not. Not all of them. Chair Sanchez: Yes, they are. Commissioner Regalado: Absolutely not. Chair Sanchez: Okay. Commissioner Regalado: Well -- Chair Sanchez: All right. Commissioner Regalado: -- then -- Chair Sanchez: You're an expert on it. Commissioner Regalado: No, I'm not an expert. Commissioner Gonzalez: (UNINTET,TIGIBT,F). Commissioner Regalado: That's the problem; I'm not an expert, neither do I -- neither any of us. That's the problem. City of Miami Page 241 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Okay. I'm sorry, Commissioner Regalado, you finish? Okay. Chairman Sanchez -- Chair Sanchez: I'm prepared to make a motion. Vice Chair Spence -Jones: Okay. Chair Sanchez: I have two questions I didn't ask. Vice Chair Spence -Jones: Okay. Chair Sanchez: You got the gavel. Vice Chair Spence -Jones: All right. Okay. I just -- I -- once again, one of the things that we've had on this dais from a common courtesy standpoint is if there's a -- any one of us that feels an item needs to be deferred for whatever reason, because we may need clarity or need to have a greater understanding, we've always yielded to each other, for the most part. IfI got to be the only one up here to say that I need greater understanding just so that we get the input from, I feel, the PAB that slaved over trying to get this document together to make sure -- while we're not going to agree with everything that they've suggested, our City Manager's already stated on the record that clearly, there's some stuff that needs to be hammered out. I think that the folks from MNU will have the opportunity, if there's additional things that still need to be hammered out, I think that we should allow the residents of this City to have the opportunity to at least give that. At the end of the day, we come in this room and vote on the item and make a decision without having to go through this whole process once again. I just want to appeal to everyone sitting up here that I think it's very important for us to do that. On that note, I would like to make a motion to defer this item -- Chair Sanchez: All right. There's a motion to defer the item. Is there a second? Vice Chair Spence -Jones: -- until next week. Chair Sanchez: Till next week? Vice Chair Spence -Jones: Yes. Chair Sanchez: All right. Vice Chair Spence -Jones: Because you said we can't do it on the 22nd Chair Sanchez: All right. Mr. Hernandez: Is that --? Chair Sanchez: There's a motion to defer. Is there a second? Commissioner Sarnoff. Second. Chair Sanchez: Second by Commissioner Sarnoff. On the issue, let -- discussion on the item, and hold on. Commissioner Gonzalez: Yeah. Discussion. The -- you know -- Chair Sanchez: I have -- City of Miami Page 242 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Gonzalez: I support the deferral, but you know, whenever we meet again, it's just to vote on the item. Vice Chair Spence -Jones: Yeah, it's just to vote on the item. Commissioner Gonzalez: I mean, no public hearing again because then we have to go, you know, for another seven hours -- Chair Sanchez: Look, once again, if we have -- Commissioner Gonzalez: -- hearing the same thing -- Vice Chair Spence -Jones: We won't -- Commissioner Gonzalez: -- over and over and over and over and over. Commissioner Sarnoff. You know, we need to be fresh when we're voting, and everybody needs to take a look at this. For instance, the MNU issues with regard to neighborhood is definitional. This map is not the map; it's an example of what the map could be. I don't think we're looking at it like that. I don't think we're looking at it with fresh eyes. I think if we spent, you know, an extra two hours of our own time looking at this again -- I don't expect the Administration to come back with anything for us. I think we just need to debate as a board, and there's no way -- you know, I -- maybe I -- call me a nerd, but I've read all this stuff andl have turned around and made some changes, and I've made some modifications, and I'd like to debate you on some of the modifications because I think it's interesting stuff. Commissioner Gonzalez: Listen, I believe in protecting the neighborhood a hundred percent, but let me tell you. In looking at the map and looking at the proposal -- Commissioner Sarnoff. No, no, no. I'm not -- I didn't say -- Commissioner Gonzalez: I have areas, like 36 Street, 17th Avenue, 20th Street, where, you know, I mean, what am I protecting there, warehouses? Commissioner Sarnoff. I've learned on the dais that the one thing that we don't have in common, Commissioner, is that you have a need to grow andl may not have that same need. On the other hand, I don't have any intentions of saddling you with nongrowth issues -- Commissioner Gonzalez: Exactly. Commissioner Sarnoff. -- or nongrowth legislation. Commissioner Gonzalez: Right. Commissioner Sarnoff. Andl didn't second Commissioner Regalado's motion mostly out of respect for you so that you could have the opportunity to determine if those issues, in truth and in fact, concern you too much. I have no intentions of saddling you with nongrowth. Commissioner Gonzalez: Andl really -- Commissioner Sarnoff. If you -- Commissioner Gonzalez: -- appreciate it. City of Miami Page 243 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Sarnoff. -- Feel free to saddle me with it, but you know. Commissioner Gonzalez: And let me tell you, the concern of the river, you know, is a serious concern. Andl -- you know, andl said it very clearly. It's not about Angel Gonzalez. It's not about Commissioner Gonzalez. It's about my district and the future of that area of my district -- Commissioner Sarnoff. I understand. Commissioner Gonzalez: -- of that neighborhood that has been neglected and abandoned for more than 40 years. And there is Commissioner Regalado that has been in this city 40 years and he knows Allapattah for 40 years, okay? I'm not lying. I'm talking the truth from the bottom of my heart. That neighborhood has been neglected and abandoned for years and years and years and years; and this is the first opportunity that he had had to -- and I hope it continue to be in the future -- but to have a renaissance, to have a redevelopment, to have -- you know, to have new people moving in, miss -- income people, you know things that I dream about my district, and I'm going to stand firm on it. And don't care who stands here. President Bush can stand there -- Vice Chair Spence -Jones: No, no, no. Commissioner Gonzalez: -- and tells me that, you know, it's not good for the river. I'm going to say, Mr. President, I'm sorry. That's it, you know. Chair Sanchez: All right. Hold on. Vice Chair Spence -Jones: I -- Chair Sanchez: Hold on. You -- I'll let you talk, Mr. City Attorney. I just have -- are you done? No? Vice Chair Spence -Jones: I just wanted to -- I'm sorry, Chairman. I know you're ready to go home right now. I -- it was just brought to my attention that need to continue the item and not defer, so I'd like to continue the item -- Mr. Suarez -Rivas: That -- yeah. If that's the pleasure of the Commissioner, it would be to continue PZ.1 till Wednesday -- Chair Sanchez: But I will not close this meeting. We'll leave the meeting open. Commissioner Gonzalez: Let me tell you. Mr. Suarez -Rivas: You are -- Commissioner Sarnoff. Just so you all remember, we're going to Commissioner Gonzalez's -- your GrapelandPark. Commissioner Gonzalez: All of you. The water park, on Wednesday. Commissioner Sarnoff. Yes. Commissioner Gonzalez: Okay. For the -- and also for the benefit of the Administration to see if we can gain some time. Unidentified Speaker: Right. City of Miami Page 244 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Gonzalez: Can we do this on Tuesday? Let's say Tuesday at 1 o'clock or 2 o'clock in the afternoon? Vice Chair Spence -Jones: I'm fine with Tuesday. It (UNINTELLIGIBLE). Commissioner Gonzalez: Commissioner Regalado, you're fine? Commissioner Regalado: Wednesday, we have the MSEA (Miami Sports & Exhibition Authority) meeting at 2, the Parks in the morning. Commissioner Gonzalez: We have the Park and we have MSEA. Vice Chair Spence -Jones: I thought the Park was on the 14th. Commissioner Regalado: The Park -- Commissioner Gonzalez: That's why I'm saying -- Commissioner Regalado: -- is on the 14th. Commissioner Gonzalez: -- can we do it on Tuesday? Vice Chair Spence -Jones: The Park is on the 14th, which is May 14, which is a Thursday. Mr. Hernandez: Next Wednesday. Commissioner Gonzalez: Next Wednesday. Mr. Hernandez: The 14th is Wednesday. Vice Chair Spence -Jones: Oh, okay. Chair Sanchez: Okay. So there's a motion and a second to continue -- Commissioner Sarnoff. What about Tuesday? Commissioner Gonzalez: Tuesday at 2 o'clock. Vice Chair Spence -Jones: Tuesday. Commissioner Sarnoff. Tuesday at 2 o'clock. Vice Chair Spence -Jones: Tuesday. Commissioner Regalado: Tuesday 2 o'clock. Chair Sanchez: I'm okay. Twenty-four/seven for me. Commissioner Gonzalez: All right. Mr. Suarez -Rivas: So that's a substituted motion that you accept. Vice Chair Spence -Jones: Yes. Commissioner Sarnoff. Seconder accepts it. City of Miami Page 245 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Well, hold. Discussion. Before we vote on the item, discussion. I need to know from you -- Mr. Suarez -Rivas: Yes, sir. Chair Sanchez: -- and the Administration -- Mr. Suarez -Rivas: Yes. Chair Sanchez: -- because I've always been under the impression that we don't have time and we can't get an extension, and oh, God, the world is coming to an end if we don't pass ER [sic], okay? And now you're telling me that, yeah, we got plenty of time. Mr. Suarez -Rivas: No. I -- Chair Sanchez: Because if we have time, I don't mind deferring this for a year, if we had time. Mr. Suarez -Rivas: No. Vice Chair Spence -Jones: No, no, but Tuesday is fine. Mr. Suarez -Rivas: No. The issue was Tuesday. You do have an extension from DCA that was given, and that's -- the statutes speaks of -- Commissioner Regalado: Wait, wait, wait. You said that the DCA didn't give extension? Mr. Suarez -Rivas: DCA did -- no, no, no. You asked -- Ms. Gelabert-Sanchez: Can I --? Mr. Suarez -Rivas: An extension had been given in the -- Ms. Gelabert-Sanchez: No. Raphael, let me clarify -- Vice Chair Spence -Jones: Let's not make it worse than what it is. Ms. Gelabert-Sanchez: We -- Vice Chair Spence -Jones: Can -- Ms. Gelabert-Sanchez: Let me clarify. There was an ex -- Commissioner Gonzalez: Ms. Ana, can we have the meeting next Tuesday and everything be fine? Ms. Gelabert-Sanchez: But let me (UNINTELLIGIBLE) because the Chairman asked for something. Can an extension be given? The answer is no. We check -- when we started the process with the committee, with the representative that you appointed, the same question was asked. We asked not only us, but we ask the consultant, Nancy Stroud, I said, would you call Tallahassee, make -- because we already had received one extension. That's why we cannot -- and they said, no, they cannot give us another extension. Vice Chair Spence -Jones: Because we've already received one. City of Miami Page 246 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Gelabert-Sanchez: We had already received it. So there's no room -- Vice Chair Spence -Jones: Okay. But I don't think that was clear -- I don't think that was -- this is the first time that we're hearing the extension part of it being -- Ms. Gelabert-Sanchez: I'm just asking -- Vice Chair Spence -Jones: But Ana, we just need a straight answer. The straight answer is -- Ms. Gelabert-Sanchez: We're cutting -- we are short -- we -- Vice Chair Spence -Jones: Can we do it next Tuesday? Ms. Gelabert-Sanchez: What we were -- Mr. Hernandez: Yes. Ms. Gelabert-Sanchez: If you decide -- Mr. Hernandez: Yes. Vice Chair Spence -Jones: Mr. Manager has said yes. We got a yes. Mr. Hernandez: Right. Vice Chair Spence -Jones: That's all we need is a straight answer. Mr. Suarez -Rivas: Yes. Again, yes. And for the record -- Unidentified Speaker: At what time? Mr. Suarez -Rivas: -- this -- for the record, Commissioners, when you vote -- for the record, just - - you have closed the public hearing; that all the Commissioners' going to do is consider the materials, the documents, the data, the analysis, and the Commission will -- Chair Sanchez: I, as the Chair, will not do that, unless I get a commitment from you that we could do it. Because apparently, now you're telling me we could do it. At first you told me we couldn't do it, so where -- can we do it or can't we do it? Mr. Suarez -Rivas: No. You can do it because it's a very short period of time afterwards. I -- we - - I think -- we were thinking -- when you were talking about a continuance, we thought you meant to another P&Z meeting or some -- this is a very short span of time. Chair Sanchez: All right. Mr. Suarez -Rivas: But you'll need to move forward on the item and move -- Ms. Gelabert-Sanchez: We have a concern with DCA. We can make calls to DCA and we can ask for them to do expedite, but like the -- like Rob Curtis said, they have 60 days to answer and we need to respond to the comments -- Vice Chair Spence -Jones: Is Tuesday -- Ms. Gelabert-Sanchez: -- and then be able to get back to you. City of Miami Page 247 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: -- it's only Tuesday. You're missing one day. Tomorrow is Friday. Ms. Gelabert-Sanchez: I -- Chair Sanchez: Michelle, hold on. Listen -- Ms. Gelabert-Sanchez: I understand. Chair Sanchez: -- if -- let me just take a back approach here. I mean, if we could extend it for more, then why are we in a hurry? If you tell me we could get an extension from the DCA for another three months -- Mr. Hernandez: You can't. Vice Chair Spence -Jones: No, they can't. Mr. Suarez -Rivas: They can't. Ms. Stroud: Mr. Chair, Nancy Stroud. Maybe I can help. Chair Sanchez: Nancy, you -- I mean, somebody's got to figure this out because -- Ms. Stroud: There's -- I understand -- a statutory limitation on extensions. We've gone out -- you know, we're out of extensions. Chair Sanchez: We're out of extensions. Ms. Stroud: What the staff is telling you is that the processing time that it takes doesn't give you enough time to have another meeting. We will be -- we'll probably be a week or so out of compliance just for the fact that it takes time to get the recommendation back from DCA, time to turn around, time to give notice, so we will be out of compliance. It's a few days, maybe. Chair Sanchez: This Commission is not going to support -- Vice Chair Spence -Jones: But Nancy, it's only two days. Chair Sanchez: -- the City be out of compliance. Vice Chair Spence -Jones: It's only two days. It's only two days, Nancy. Ms. Stroud: And that's your choice. Vice Chair Spence -Jones: Tomorrow -- Ms. Stroud: I'm -- just want to give you the facts that you'll be out of compliance for maybe -- Vice Chair Spence -Jones: Two days -- from two days -- Ms. Stroud: It would be five days. It could be two weeks. Vice Chair Spence -Jones: Before you -- Ms. Stroud: It depends -- Vice Chair Spence -Jones: -- begin speaking, Nancy, about 20 minutes ago, staff said if we voted City of Miami Page 248 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 on today -- if we voted on it today, we had 12 days. If we waited until next week, we had at least five days. Now you're saying -- you actually said it, okay. So now that time actually doesn't exist. Mr. Curtis: That time does exist. You have to understand the process, though, please. DCA will come back with a set of comments. We, as consultants -- Vice Chair Spence -Jones: But they're not going to come back -- Mr. Curtis: -- and the staff -- Vice Chair Spence -Jones: -- before next Tuesday. Mr. Curtis: No. They're going to come back within 60 days, which will be 12 days before the day that we need -- if it is sent tomorrow, in fact, we would have 12 days to work with. If they come back with their comments, that gives us 12 days to respond to their comments to edit it and to come back to the Commission. That -- if we -- Vice Chair Spence -Jones: Mr. Manager, I -- can you make a decision, Mr. Manager? Mr. Curtis: And frankly, give notice. Chair Sanchez: You got to give notice. Mr. Hernandez: We'll have less four days. You know, instead of transmitting it tomorrow, we'll be transmitting it next Wednesday, which is about four days difference, and we'll do the best we can in working with DCA to ask them to expedite their review, get it back to us as soon as we can, and we do our best to have it on our last meeting in July. Vice Chair Spence -Jones: Thank you. Mr. Suarez -Rivas: Yeah. Mr. Hernandez: And that's it. Mr. Suarez -Rivas: And so the motion is to continue PZ.1 till Tuesday, on May 13, at 2 o'clock, at City Hall; and at that point, the City Commission will need to move the item forward and amend the Comprehensive Plan as recommended by the PAB EAR with the modifications identified in Exhibit C or, if you want, just -- the PAB EAR -based amendments without the modifications recommended by Planning on Exhibit C or you can take it on an element -by -element basis as shown in your graph that shows all the different things. But you will need to take action. Chair Sanchez: All right. There's a motion to defer. All in -- Commissioner Gonzalez: And there is a motion. Chair Sanchez: -- favor, say "aye." Vice Chair Spence -Jones: Not to defer, to continue. Chair Sanchez: To continue. Mr. Hernandez: To continue, continue. City of Miami Page 249 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Suarez -Rivas: Continue till next Tuesday at -- Mr. Hernandez: 2 o'clock. Mr. Suarez -Rivas: 2 o'clock. Vice Chair Spence -Jones: 2 o'clock. Chair Sanchez: Counsel, there will be no more public hearings. Mr. Suarez -Rivas: There will be no -- that's what I was saying. For the record, you do need to take -- you know, our -- this is just a very short envelope of time, but you need to take action on it. The public hearing is closed. Comment -- public comment is concluded. This will be just for the Commission to take action as outlined or however the Commission wants to take action, correct, sir. Priscilla A. Thompson (City Clerk): Chair. Chair Sanchez: This meeting's adjourned. Mr. Suarez -Rivas: To vote on the item. Vice Chair Spence -Jones: I just want to say -- I do want to ride the river, ifI can, on Friday -- tomorrow. Can you make arrangements for me to ride the river tomorrow? Ms. Thompson: What are we doing? Mr. Suarez -Rivas: I'm sor -- Commission -- Ms. Thompson: What are we doing? Mr. Suarez -Rivas: Before you recess -- Vice Chair Spence -Jones: We haven't voted. They say we have to vote. Mr. Suarez -Rivas: There was no vote on your -- there was no vote on the continuance. You need -- I'm sorry. Chair Sanchez: All right. Let's vote on the issue. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Let me tell you something, folks. On Tuesday, we will take action on this, andl will not tolerate, as the Chair, to have this meeting -- this was a boring meeting today. Ms. Thompson: Chair, question, please, sir. Are you calling a special meeting for Tuesday? Mr. Suarez -Rivas: It's a continuance of this item. Ms. Thompson: No. Are you calling a special meeting? Mr. Suarez -Rivas: Yes, it will be a special meeting. Ms. Thompson: Are we adjourning? Are we continuing the meeting? Are we recessing? What we're doing? Are we recessing this meeting? Are we adjourning the meeting? City of Miami Page 250 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Suarez -Rivas: Yes, it is a special meeting. It's a continuance of this item and a special meeting, correct. Ms. Thompson: Then you -- if you're going to have a special meeting, you require a vote because we have to advertise. We need a resolution, so you got to take an action. Vice Chair Spence -Jones: All right. I'd like -- okay. Excuse me. Quiet. Madam Clerk is trying to make a statement. Madam Clerk, you have the floor. Ms. Thompson: Andl will defer to the Legal Department. You're call -- Vice Chair Spence -Jones: No. Mr. Suarez -Rivas: They voted -- Vice Chair Spence -Jones: I'm sorry, Madam Clerk. Go ahead, you have the floor. Ms. Thompson: I will defer to the Legal Department. If you're calling a special meeting, the Commissioner had -- the Commission has to take a vote on the special meeting. We have to issue a resolution and we have to advertise. So I just need to know what are we doing, please? Commissioner Sarnoff. So moved. Commissioner Gonzalez: Okay. We're continuing -- Vice Chair Spence -Jones: We are continuing the meeting till next Tuesday at 2 p.m. Commissioner Gonzalez: At 2 p.m. Ms. Thompson: You're continuing the meeting or the item? Vice Chair Spence -Jones: The item. Mr. Suarez -Rivas: The item, PZ.1. Ms. Thompson: But you're -- you don't have a meeting scheduled for -- Commissioner Gonzalez: Well, actually -- if you forgive me -- we're continuing the meeting because we still have three items in this agenda that we haven't discussed, so we are continuing the entire meeting. Ms. Thompson: So you're -- Commissioner Gonzalez: And the public hearing in this item has been closed. Ms. Thompson: So the action you're taking is to recess this meeting until Tuesday at 2 o'clock -- Chair Sanchez: That -- Ms. Thompson: -- on May 13? Chair Sanchez: -- that's what -- Vice Chair Spence -Jones: And let's officially -- City of Miami Page 251 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Thompson: Thank you. Vice Chair Spence -Jones: -- recess this meeting -- Mr. Suarez -Rivas: Correct. Vice Chair Spence -Jones: -- until that time. Thank you. Commissioner Gonzalez: Thank you, ma'am. Vice Chair Spence -Jones: And it is officially adjourned. Unidentified Speaker: Recessed. [Later..] Chair Sanchez: Our meeting is a continuation of the May 8 meeting. This meeting is a special meeting pertaining to the items that were left over -- a carryover from the May 8. At this time, we're going to call the meeting to order. I will turn it over to the City Attorney to explain that this is a special meeting of the agenda, and she could elaborate on the special meeting. Madam Attorney, you're recognized for the record. Julie O. Bru (City Attorney): Thank you, Mr. Chairman, and good afternoon, members of the Commission and members of the public. As you know, we recessed on May 8 to continue the meeting today for purposes of the City Commission considering a vote on the ordinance that's before you. This, just by way of -- just a little reference so that we can just establish this record - - what you have before you today is an ordinance that would provide for various amendments to your comp plan, and those amendments are based on a process that's mandated by state law, which now would culminate in your vote today. These amendments that are before you have been the subject of numerous public hearings. They have also been reviewed by the Department of Community Affairs, comments were received, and hopefully, what you have here before you today is a document that now has included all these different participations from the different local governmental entities and various public hearings that took place. What I'd like to recommend that you do today -- oh, and before I do that, just to let the members of the public know that although there is no public hearing today, you're still invited that if you wish to sign up to receive any of the notice of information from DCA of the DCA's intent with respect to this comp plan, you can do so. You can sign up with the City Clerk. The informational statement concerning any publication by the State would be sent to you if you sign up and you provide the Clerk your address -- your name and address. You have before you, Mr. Chairman and members of the Commission, an ordinance. This ordinance would amend the Comprehensive Plan and it would then be transmitted to Tallahassee. Now the ordinance has an attachment, which is, in fact, the comp plan, as revised based on this process that we have undertaken. The revisions are shown underlined and in red. That would be the changes that you would be making to your comp plan. This comp plan has been revised, and just about everything that's in it has been agreed to by all the participants, the Planning Advisory Board, your Planning Department, and the different stakeholders that were involved in the process. There are, however, a few elements in that comp plan that is attached to your ordinance as Exhibit A that wherein your Planning Department is recommending that you provide different language, or that you don't provide that specific element at all. And what I would like to recommend to you is that, as you discuss your ordinance, you do consider the exhibit that is provided in your package as Exhibit C and Exhibit B. Exhibit B is a discrete exhibit that has language that differs from what was recommended by the Planning Advisory Board with respect to the optional element of the river, the Miami River, and you should discuss that separately and take a vote on that separately for the sake of clarity. And then in Exhibit C, you have a schedule that has described discrete City of Miami Page 252 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 elements wherein the Planning Department is making a recommendation that differs from the recommendation that was made and voted by, indeed, the Planning Advisory Board, so I think, for the sake of having a document that reflects clearly what the intent of this Commission is, you should consider those items separately and vote on them separately, just as the Planning Advisory Board did. Thank you, Mr. Chairman. Chair Sanchez: All right. The time has come for this Commission to direct their final questions - Commissioner Gonzalez: I do have a -- Chair Sanchez: -- to the EAR -- Commissioner Gonzalez: -- question. I have Exhibit C, but don't see the Exhibit B. Chair Sanchez: Could we make sure he has the proper documents? Ms. Bru: Exhibit B, in my package, provided to me by the Planning Department, is the Miami River sub -element. Commissioner Gonzalez: Okay. I got it. Chair Sanchez: You got it? It should be in the package. All right. So the time has come for the Commission to direct their final questions to the EAR team, the consultants, and then we have to deliberate on this and bring it to a vote. Considering that we had more than five hours of testimony and presentation and public input at the last meeting and debate, which took place May 8, we expect today's meeting to take less than a few hours. The process that I am suggesting, which is the one that the City Attorney has proffered is that we go through the exhibit, one by one, and see if there's any amendments that want to be made. The whole thing is to, one, if anyone wants to add an amendment, we could focus on the element, and therefore, we could address that, but each amendment will be voted on independently and added on. At the end, then we should vote on the ordinance in itself. So, at this time, what we could do is let's go ahead and go through the elements, which the first one will be LU-1.1.3. Does everybody have the exhibit? Commissioner Sarnoff. LU-1, you mean. Chair Sanchez: Huh? Commissioner Sarnoff. Aren't you going to LU-1? That's the gen -- Chair Sanchez: LU-1.1.3. I think we're just going to discuss the ones that we had issues on. Ms. Gelabert-Sanchez: Commissioner -- Chair Sanchez: Yes. Ms. Gelabert-Sanchez: -- whatl believe Frank Castaneda is distributing is the first page that kind of was the one that was submitted to you last time, which was for discussion, hopefully, to make it easier where it divide -- it separated everything in the different categories. I mean, the two options are going as you're suggesting, one by one with what you have on your package, or just by categories -- Chair Sanchez: Well, it's -- City of Miami Page 253 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Gelabert-Sanchez: -- but that's -- it's -- Chair Sanchez: I'd rather do it through categories. Ms. Gelabert-Sanchez: Okay. Chair Sanchez: In that way, if there's anyone that has a concern based on that category, they could present their amendment or any changes they may want to bring out. Of course, it's going to require a motion and a second; discussion on the item, and then we'll vote it up or vote it down. So let's go with number one. Priscilla A. Thompson (City Clerk): Chair, I'm sorry. Chair, is this the one you're referring to? Chair Sanchez: Yes. Ms. Thompson: Thank you. Chair Sanchez: Does every -- Commissioner Sarnoff. Does that say -- Chair Sanchez: -- body (UNINTET,TIGIBT,F) -- Commissioner Sarnoff. -- is that the May 8, or what should we be looking --? Chair Sanchez: May 8 revised three. Ms. Gelabert-Sanchez: They're both May 8. There was one that was submitted in your package that just went in order as they go in the comp plan. The other one was distributed -- it wasn't part of the package. It was the same information; it was just reshuffled to put it into the different categories. Chair Sanchez: All right. So let's go with the LU-1.1.3. Ms. Gelabert-Sanchez: So now you're going -- not by category, but you're going by what you have on your book? Chair Sanchez: Yeah. Let's just go from what everybody's [sic] has in their book because everybody has that exhibit. Are there any changes to that one that any of the Commissioners is proffering? Commissioner Sarnoff. Yeah. I'll make a proffer for the MNU change. Vice Chair Spence -Jones: Second. Commissioner Sarnoff. The MNU change is dated May 12, 2008. Chair Sanchez: And which is that one? That's -- the language that's -- do not diminish the amount? Commissioner Sarnoff. It's not -- I'm not going off of merely just PAB versus the City Planning Department's issues. MNU made some presentations, and it's based on their presentations, and ifI could have somebody from my office -- Chair Sanchez: Well, I don't have that. City of Miami Page 254 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Bru: Mr. Chairman, I think that now we're looking at a different exhibit. Commissioner Sarnoff. Correct. Ms. Bru: Commissioner Sarnoff, I think what the Chairman had said is that -- taking the recommendation of the Planning director -- we look at the exhibit that groups the elements into categories, and it's not the one that you're looking at, I think, because you're referring back to the one that has them by order of where they appear, the pagination order that -- as it appears in the document, so the document that the Planning director is recommending, the first group of elements that we're looking at, is one that has the housing. Ms. Gelabert-Sanchez: I understand -- I think -- Julie, if I may. I'm not sure if what Commissioner Sarnoff is referring is yet to another recommendation by MNU, which is not what the Planning Advisory Board voted on. I'm not certain because I don't have it in front of me. Chair Sanchez: All right. Listen, we got to have a process here. This is a complicated issue. If we go down by elements, we could address each element, and therefore, anybody who wants to make an amendment can make an amendment. If you start putting out amendments and bringing them out from left field, then we're not going to have the proper documentation to refer to and look at and see the recommendations both from the City, from PAB, from MNU, and from everybody, so as the Chair, the order will be that we'll go through the elements. Once we get to that element, you could proffer the language that you want, and we'll make a motion and a second. We'll vote it (UNINTET,TIGIBT,F), and then at the end when we approve or we -- if we don't approve, you know, at least we have a process. So let's go, LU-1.1.3. You all have a copy of the exhibit. Does anyone want to make any amendments to that element? Vice Chair Spence -Jones: I just have a quick question. I'm sorry. Commissioner Sarnoff. No. Go ahead. No. I apologize. It -- your process of doing it that way tears at the ability -- you've already passedLU-1.1; you've already passedLU-1.1.2, andl don't know that we're getting back to it, andl -- you know, it's my -- I only see this way of working is to go through this sequentially. I mean, it's long, it's laborious, but nobody gets left out of the process. Chair Sanchez: All right. You guys want to go through each and every one of them, let's do it that way. All right. So which one is the first one? Commissioner Gonzalez: Okay. What have here is clean-up language -- Chair Sanchez: No. That's -- Commissioner Gonzalez: -- clarification. Vice Chair Spence -Jones: No, no. He's saying he wants to start from -- Chair Sanchez: He wants to go through everything. So if they want to go through everything, we'll go through everything. What's the --? Okay. Mr. Hernandez: Mr. Chairman. Chair Sanchez: These are the recommendations that Miami Neighborhoods United is making, okay. That is what the Commissioner is proffing [sic]. On number one, which is -- Commissioner, you're recognized for the record. City of Miami Page 255 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Sarnoff. Right. What MNU does is now is breaking the City down from essentially being an urban infill area and a non -traffic -concurrent area for the entire city and breaking it into high density, medium density, and low density. Chair Sanchez: All right. So do you have a motion? Commissioner Sarnoff. I do. I have a motion to approve -- Chair Sanchez: Okay. Commissioner Sarnoff. -- LU-1. Commissioner Regalado: Second. Chair Sanchez: There's a motion and a second. Commissioner Gonzalez: Okay. Wait a minute. Chair Sanchez: Discussion on the item. Commissioner Gonzalez: There is a motion to approve what? Each Commissioner designate on a map; is that what you're trying to approve? Commissioner Regalado: Yeah. Vice Chair Spence -Jones: LU-1. Commissioner Gonzalez: Well, I have it here as 1. I don't have it as LU-1 in the document that was just handed. Commissioner Sarnoff. Right. Attached to it, Commissioner, it's broken down and you'll see LU-1. Vice Chair Spence -Jones: Right. But not -- he's not talking about this, Commissioner Regalado -- I mean, Gonzalez. He's talking about this here (UNINTELLIGIBLE) in your book. Do you want -- Mr. Chairman, do you -- would you rather have the City Attorney read it so that at least everybody's on the same page of what it is? Chair Sanchez: These -- the City Attorney -- Madam Attorney, do you have these recommendations? No. Ms. Bru: Whatl have is the schedule that's attached as Exhibit C, where Commissioner Sarnoff is reading -from the very first page, and the very first page refers to LU-1.1.3. Vice Chair Spence -Jones: No. We're on LU -- Ms. Bru: Okay, so -- Vice Chair Spence -Jones: -- LU-1. Ms. Bru: On, no, so -- Commissioner Sarnoff. LU-1. Vice Chair Spence -Jones: Yeah. City of Miami Page 256 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Sarnoff. I mean, there is no way of doing this -- unless you want to just -- if you want to set the parameter that the only parameter this Commission could consider is what the PAB -- Chair Sanchez: No. Commissioner Sarnoff. -- Board -- Well, let me just finish -- says or the Administration says, then there was no purpose and function of a public meeting because that's -- the menu is two. But the only logical way of doing this is to go through this LU by LU, PL by PL and every other nomenclature that's in this book, one at a time, because there may be components that some Commissioners may like; there are components they may not like. There's not everything in MNU's that I thought was, you know, worthy of putting in. There's not everything from the PAB thatl thought was worthy of putting in. There was very little of the Administration I thought was worthy of putting in. Ms. Bru: Hey, may I suggest something so that we could expedite this but give it the proper amount of consideration that it requires? You have before you a document, and that is the amendment to the Comprehensive Plan, and it's a document that has your existing language in your comp plan as it appears now, and it has language that's being proposed for amendment, showing it in red with strike-throughs. You also have an exhibit that has identified areas of the - - elements of that comp plan wherein your Planning Advisory Board and your Planning Department disagreed. What I suggest that you do is that you start going through the elements as they are expressed and the language that is provided for in that schedule, and then have that as the opportunity to discuss any other modification that you may want to now entertain. But to refer to an extrinsic document that is not part of the record that wasn't something that is before us, I think it's -- Commissioner Sarnoff. Wait, wait. What -- Ms. Bru: -- confusing. Commissioner Sarnoff. How is that not part of the record? If that was submitted by MNU at the last meeting, how is that not part of the record? Ms. Bru: Well, Commissioner, for one thing, I don't have it. I -- it's not before me, andl don't -- Commissioner Sarnoff. Julie, if you want to go back to my desk in my Commission [sic] chambers, which I suggest everyone else is -- looks the same, I have about, at minimum, 500 documents. Now I took out what wanted to take out, what -- and I've read most of them, and I've come to the dais with probably, I don't know, a hundred documents. There's still 400 in the back of my conference room, some of which was handed to me ten minutes ago, some of which was handed to me a day ago, some of which was back Thursday. I mean, to me, this is all the record. Ms. Bru: Okay. But let me suggest, Commissioner -- andl think that we're both looking at the same end result. It's just that I'm trying to propose a way so that everybody can make its way through this process and have a clear understanding. You have before you a tool that I think can put order in the process, and this tool is a schedule wherein you can clearly see those elements within the comp plan as expressed and approved and discussed and voted by your Planning Advisory Board, and the language is on the left side of the document. Then you have in that same document on the right side, in some instances where your Planning Department is highlighting some discrepancies that they have. I think that if you're going to -- if you take this document and use it as a tool and consider it element by element, you can work into this -- you can work into the discussion of a particular land use or -- in whatever instance it is; whether it's City of Miami Page 257 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 a land use or a housing or a element -- work in the other proposals that you have. I mean -- you know, you're proposing language that speaks to Land Use 1 -- Land Use point 1. Is that what you said, Commissioner? Commissioner Sarnoff. LU-1. Ms. Bru: LU-1. Well, the very first page of the document that I'm suggesting that you use as a tool starts off with LU-1. So why don't we look at -- Commissioner Sarnoff. The one that I have, Julie, starts out with LU-1.1.3. It starts out with the following language: The City Zoning Ordinance provides for protection of all. The one I'd like to start out with is LU-1. It starts out with maintain the land use pattern that protects. Ms. Bru: Okay, so what I'm hearing then is that you have additional changes -- Chair Sanchez: Exactly. Ms. Bru: -- besides what is before you by way of an exhibit. So let me suggest to you that why don't we first deal with the discrepancies that exist between what the Planning Department recommended and what your Planning Advisory Board -- at least get those out of the way because those are there before you to consider, and they've been organized in a way that let's you, you know, make your way through them, and then, perhaps, you can add to it, but I mean, it's -- I guess it's a matter of choice. If you want to start with something that's not part of what was recommended by your Department. Chair Sanchez: Well -- and have concerns with this because I have not had an opportunity to sit down and review this with the Administration to see what are the implications it may have to the City and to this entire process. Vice Chair Spence -Jones: You're talking about the MNU one? That's what you're -- Chair Sanchez: I'm talking about the MNU recommendations that are being proffered There are four of them that would be brought out. I have had an opportunity to sit through all these, and my staff andl have been working diligently on all these, and the whole thing here is to create a process where we simplifi, and go down and we address all the issues. If you want to -- you have every right, Commissioner, to bring any of the elements that you want for discussion. And you know what? I'm going to respect his thing. We would vote on these. I have severe problems with this because I don't know where we stand on the language. The Administration has not briefed me as to the recommendations by MNU on these amendments. Are you aware of these amendments? Is the Administration aware of these amendments? Ms. Bru: And also, did this go to the Planning Advisory Board? Ms. Gelabert-Sanchez: They have been submitted, but it's not what is presented. What we have been -- Chair Sanchez: All right. Ms. Gelabert-Sanchez: -- do -- what we -- the document is the one that the Planning Advisory -- Chair Sanchez: Hey, listen -- Ms. Gelabert-Sanchez: -- Board voted on. Chair Sanchez: All right. Listen, Commissioner, do you want to take your four items up for a City of Miami Page 258 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 vote now and -- Vice Chair Spence -Jones: Mr. -- Commissioner Sarnoff. I don't -- Chair Sanchez: -- then we'll go through the process? Commissioner Sarnoff. I'll do it the way you want to do it. I'm just suggesting, if you're going to start not following a sequential order, you're not going to know where you stand, you're not going to know how to go backwards and forwards in this document. It -- the simplest way to do it is that way. Is it going to be cumbersome? Yes. Chair Sanchez: It's okay. Listen, we spent five hours. We could spend five hours today. It doesn't matter to me. I just want to make sure that every one of us who has had an opportunity to go through all these documents -- there isn't any reason why someone could be up here and not have the proper information 'cause we've had plenty of opportunity to read the documents, sit down with the Administration. You've had some Commissioners who went out and went on a trip to look at some of the sites, so we're prepared. If you want to go through all of them, let's go through the first one, and you know, we'll take all of them. What is the first one that you want to take? The first one you put out? Vice Chair Spence -Jones: Mr. Chairman, I just have a statement, please, sir. Chair Sanchez: Yes. You're recognized for the record. Vice Chair Spence -Jones: Okay. It was my understanding that, from Thursday's meeting, we were to at least get back with staff and the Administration, some of us take a trip. I got a chance to go over the river -- to look at some of the things that were being recommended by not only by the PAB and by MNU; to come back then with our recommendations on key items that we're addressing now. So -- that's the impression I'm -- I came prepared to give you my amendments - Chair Sanchez: And you will. Vice Chair Spence -Jones: Right -- and I'm assuming that everybody else came to bring their amendments, so why are we not doing that? Are we not prepared to give the amendments? Chair Sanchez: We are prepared today to listen to your amendments and then vote on your amendments. Vice Chair Spence -Jones: Okay. So do you want us to at least give our amendments now and then go through the documents? Chair Sanchez: Commissioner, you want to go through the whole process? You want to start with the number 1 ? Well, go ahead. You have a motion already and a second. That is a recommendation number 1, which is each Commissioner designate on the map of his or her district the border of the neighborhood to be protected as low -density traditional neighborhood. There is a motion and a second. Discussion on the item. All right. Roll call. Madam Clerk, roll call on this one. Commissioner Gonzalez: I don't have a problem with this one because it gives us the flexibility. It's up to each Commissioner, correct? Vice Chair Spence -Jones: Andl -- City of Miami Page 259 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Gonzalez: So -- Vice Chair Spence -Jones: -- support that. Chair Sanchez: Okay. Let's go. Ms. Thompson: Just so I'm clear -- Commissioner Sarnoff. This is where every Commissioner gets to design and designate what is his high density, medium density, and low density. Commissioner Gonzalez: All right. Ms. Thompson: I'm sorry. Just for my own clarification, Chair, is this a new motion you're making? 'Cause right now I have two motions on my book, so was that your --? Chair Sanchez: Before -- couldl -- could we do something that's logical here? Can we ask Planning's opinion on this, since they have not heard this? Vice Chair Spence -Jones: Have you seen this document? Ms. Gelabert-Sanchez: What I can tell you is that what has gone through the public process has been the document that came in front of you, which was the one that the Planning Advisory Board voted on. There were many community meetings, including MNU, that were given to you. At one point, there was a presentation that believe was Mr. Williams (UNINTET,T IGIBT ,F) making; that's not what the PAB voted on. The PAB voted on the recommendations that you have in front of you. The difference, as we stated the last time, the Planning Department is 92 percent in agreement with everything that it has in front of you that the Planning Advisory voted on. The ones that -- where we have a difference of opinion and we were bringing it up to you are the ones that you have on Exhibit C, which are the ones that are making the difference. We cannot comment on what the MNU has. Like I said, I don't believe it has gone through the (UNINTELLIGIBLE) process. It was not what the Planning Advisory voted on, so we're not ready to comment. The one that we have reviewed and the one that we are -- is the Planning Advisory Board, not the one that you have -- we don't have -- I don't have a copy with me now regarding the MNU recommendations. Commissioner Regalado: Chairman. Chair Sanchez: Sir, you're recognized for the record. Commissioner Regalado: Just for the record, so everybody knows, this morning, you, the Manager, and Bill Anido and Carmen Sanchez gave me a briefing. We went over -- and we discuss the MNU recommendations. We discussed the notice; we discussed this. I mean, you discussed -- you -- Ms. Gelabert-Sanchez: No. There's a difference. Let me clar -- Commissioner Regalado: No, no, no, no. Because it has been said here that no one -- the Administration has not briefed -- you briefed me because we discussed the MNU; you gave your opinion andl don't agree with this; I don't agree with that; we agree with this, you know. But we discussed what -- Ms. Gelabert-Sanchez: But ifI may. The clarification is the following: When this process started -- and there were many community meetings -- the comments that are incorporated in the City of Miami Page 260 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 document that finally went to the Planning Advisory Board were comments made by neighborhood input, including the MNU, including consultants, and that's the document that went. There's some particulars that we discussed this morning, as the issue of notice, that we know -- and we might have said it was the MNU; it was the PAB; it was community input. We just bring it up. Those items are the ones that we're ready to discuss because those are the ones that are in Exhibit C. I believe that what we're addressing is the issues of different land -use designations that the PAB did not voted on, which is presented through the MNU, and that is not what is on your document. That's the point -- the clarification I'm making. But the -- there is comments that were made by MNU, which have made it into the document that was finally approved by and recommended to you by the Planning Advisory Board. Vice Chair Spence -Jones: Ana, I have a question for you. Commissioner Regalado: Yeah, but we discussed specifically number one, each Commissioner designate on the map of his/her district the borders of the neighborhoods to be protected as lower -density traditional neighborhoods. Ms. Gelabert-Sanchez: I did not -- Commissioner Regalado: And we discussed, you know, that Commissioner Gonzalez has different areas in his own district; that had different areas in my own district; that Michelle -- and that this will be something that would help and accelerate -- and by the way, we can include everything that we want within the framework of this -- all these recommendations because this goes to -- back to Tallahassee and it's coming back. So it's not that we cannot place on this document what Commissioner Sarnoff has said. It -- we can do it. We're allowed to do it. It's totally legal. It's within the framework of the discussion, so I just don't understand the problem here. Chair Sanchez: All right. Well, I do. I have serious concerns with this because this did not go through the PAB process. You're putting something in at the last minute that did not go through the PAB Board. And you know, listen, I don't want to be held hostage here. I think we've worked with everybody, but you can't continue to be changing the -- you know, if we're working on an agreement -- andl think we're all working in good faith -- at least my office is working in good faith. You know, listen, MNU, with all due respect, you can't come here at the last minute and continue to present documents and try to get those documents through. Come on, you know. It isn't fair. And these things did not go through PAB, so you -- I mean, to vote on these recommendations today is what -- you know, it isn't fair. Vice Chair Spence -Jones: Mr. -- Chair Sanchez: Just like when it went through the PAB, it didn't give us enough chance for us to work out some of these things. We've been working almost seven days a week trying to come to an agreement with the Administration, with MNU, and now as we get close, you continue to change the playing field That's not fair. It isn't fair. Commissioner Sarnoff Well, wait a minute. What -- Madam City Attorney, what is the point of the public hearing? Ms. Bru: Okay. Well, first of all, we've had the public - Commissioner Sarnoff What was the point? Ms. Bru: -- we had the public hearing. It was to receive comment from the public -- Commissioner Sarnoff All right, so -- City of Miami Page 261 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Bru: -- and you did that. Commissioner Sarnoff. -- let me -- so the requirement is that there be a document that goes through the PAB process, correct? Ms. Bru: Well, the requirement is is that you evaluate and you review your comp plan every certain number of years. That process requires that you entertain public hearings; you have meetings with stakeholders; that once you have something that you vote on, recommendations for amendments; that that gets transmitted to Tallahassee. That process has occurred already. It came back from Tallahassee then for a final adoption or recommendation for adoption by your Planning Advisory Board and that happened on April 30. And what's before you now is the culmination of a very long process. Commissioner, the issue that I have with this is that I was handed a document right now that's dated May 13. I have never seen this. It has four different sentences that think purport to be suggestions for amendments to the comp plan. Your Planning director is saying that they haven't had a chance to review these recommendations and comment on them and also analyze them, and your Planning director is also saying that this is not what your Planning Advisory Board voted on and recommended to you. Commissioner Sarnoff. I -- let me -- slow down for a second. What I'm understanding you telling me is that there's been a very long process. My understanding is thatMNU has been involved in that process. You then said that there was something sent to Tallahassee, correct? Ms. Bru: The EAR. The Evaluation and Appraisal Report was transmitted to Tallahassee. Commissioner Sarnoff. Prior to going to the PAB, correct? Ms. Bru: It went after having been to the PAB. Commissioner Sarnoff. So after the PAB voted, the EAR went to Tallahassee? Ms. Gelabert-Sanchez: It went -- ifI may. This is a process that started a couple years -- it went to PAB; it went to City Commission, then it went to Tallahassee. They agreed. Then they said, okay, now you've made the appraisal report, now prepare the amendments, and that's when the process started again. Now these are the amendments. We started the community input. It went through the Planning Advisory Board; they make a recommendation, now it comes to you. Commissioner Sarnoff. Okay. Stop right there. So the process is that the community got to send in their recommendations, correct? Because I know I put people on a board, andl know those people came in with some recommendations. Is that correct? Ms. Gelabert-Sanchez: There were recommendations -- of the document that was recommended to you through the Planning Advisory Board, there's input from the community, yes. Commissioner Sarnoff. Correct. The PAB made a vote, correct? Ms. Gelabert-Sanchez: That's right. Commissioner Sarnoff. But then, for some strange and unknown reason to me, we had a public hearing. Commissioner Regalado: Right. Commissioner Sarnoff. What was the point of the public hearing? City of Miami Page 262 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Gelabert-Sanchez: It comes to the City Commission for you to hear -- Chair Sanchez: Say it. It's to get -- Commissioner Sarnoff. No, no, no. But I -- what is the point --? Chair Sanchez: What is the purpose? It's to get public input. Ms. Gelabert-Sanchez: It -- to get -- Commissioner Sarnoff. Right. Ms. Gelabert-Sanchez: -- the public input (UNINTELLIGIBLE) -- Commissioner Sarnoff. So -- am I allowed to consider, Madam City Attorney, that public input? Ms. Bru: Of course you are, Commissioner. There always is, in any of these processes, discretion on the part of this board to approve items as recommended. However, what I have here, though -- Chair Sanchez: All right. Ms. Bru: -- is a document that has significant provisions that I don't think that your Planning director has analyzed. Everything else that's before you, that is the package that is before you, has been analyzed; has been analyzed by your attorneys, has been analyzed by your Planning Department. This document that you are purporting now to use as a guideline to amend our comp plan, I don't think that has been analyzed by your Planning Department or your Planning Advisory Board. Ms. Gelabert-Sanchez: It made a presentation at the Planning Advisory, but the Planning Advisory Board did not act on them. Their recommendation is what you have on the document, and the concern is that the -- there might be some recommendations on the MNU which might be contradictory or very different to what we have in front of you. It's a document -- again, the presentation was made; the Planning Advisory didn't take them in. They made their own recommendation to you, and that's the package you have. Our comments are based on the Planning Advisory Board's document. Chair Sanchez: And let me caution you on something. These issues have not been analyzed by you, the Planning Department, or my -- our Legal Department, and that is enough to make me want to think real hard about supporting this, okay? Vice Chair. Vice Chair Spence -Jones: Ana, I just have a question. My understanding at the PAB meetings that MNU and other groups did give you recommendations, especially MNU, and some of the recommendations you -- PAB accepted and some of them they didn't. Ms. Gelabert-Sanchez: That's right. Vice Chair Spence -Jones: Correct? Ms. Gelabert-Sanchez: And the ones that they did -- Vice Chair Spence -Jones: Okay, so MNU did have that -- Ms. Gelabert-Sanchez: -- are in this -- City of Miami Page 263 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: -- opportunity to at least submit on the record -- Ms. Gelabert-Sanchez: Yes, they -- Vice Chair Spence -Jones: -- to a -- PAB, and a lot of the stuff was adopted or supported. That's my understanding, right? Ms. Gelabert-Sanchez: There was a presentation. The Planning Advisory Board took some, and that's the document that you have in the -- in your hands. Chair Sanchez: All right. Ms. Gelabert-Sanchez: What the Planning Advisory Board voted is what is in your document. There were other presentation, other recommendations, and the Planning Advisory Board did not accept them; therefore, they didn't go anywhere. We did not -- we just did not take those recommendations from MNU. We're taking the recommendations we're making is on the document that the Planning Advisory Board voted on. Vice Chair Spence -Jones: Okay. Can -- I'm sorry, Mr. Chairman. I know you're trying to get it moving, but obviously, there is some confusion with us sitting on the dais, and l just wanted us to be clear as we move ahead. The recommendations that we just got five minutes ago from MNU, the four items -- this is just a thought. Just so that at least all of us have the op -- because I don't have a problem with number one, but if number one is going to be a problem with the Planning Department, we would want to understand why it would be a problem 'cause I think each Commissioner would -- sitting up here would want to at least have -- Chair Sanchez: With all due respect, the public hearing is closed. I can't open it up to the public. Arva Moore Parks: You know, I'm not really the public hearing. I'm your Planning Board, and I just wanted to say that -- Commissioner Gonzalez: No, you can't. Ms. Moore Parks: -- the wording that you're receiving -- Chair Sanchez: Arva. Ms. Moore Parks: -- right now didn't come, okay? Chair Sanchez: With all due respect, thank you for putting that in the record. I cannot open the public hearing. I know that's been a concern. Some of these things that are being proffered now did not go through the Planning Advisory Board. That is one of the concerns that I have. Not only did it -- did not go through your department, our department hasn't had an opportunity t review it and our Legal hasn't had an opportunity to review it. And ladies and gentlemen, this is our -- basically, the EAR is our constitution when it comes to our city's growth, and we need to be very careful how we go forward in making sure that we put language there that we're going to regret on putting in there. So, you know, we need to be very prudent here as we move forward. I got to establish a process. Listen, Administration better step up, and if there's something that's going to be voted by this Commission, if you think -- although we're the policymakers and we respect the policymakers -- it's going to have detrimental to our city, you need to put it on the record. Ms. Gelabert-Sanchez: Well, Commissioner, what we've been trying to say to you is that what we brought here is the -- what the Planning Advisory Board voted. As we stated in the last Commission meeting, the Planning Department is fine, endorses, in support of 92 percent of it. City of Miami Page 264 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 There's some differences. What we tried doing is showing them to you on Exhibit C to show the difference in order for you to make a policy decision. We're stating the differences as we're highlighting it. What we're trying to say, we do not consider the MNU document that was presented to you as a document that should -- it's part of our recommendations. Our recommendations have been presented to you on Exhibit C. Chair Sanchez: Okay. Hey, we're ready to vote on it. There's a motion and a second. Let's go with a roll call on -- and that would be LU-1. The amendment has been proffered by Commissioner Sarnoff, second by Commissioner Regalado. Roll call on a vote. Ms. Thompson: Commissioner -- Chair Sanchez: Yes. Vice Chair Spence -Jones: I don't know what we're voting on, so I'm very confused on this situation right now. So, I mean -- it's like -- I know we want to hurry to get it done, but you know, the point is -- Chair Sanchez: Commissioner -- Vice Chair Spence -Jones: -- we're voting on an item, okay, but yet and still, we're looking at an item, number one on MNU's recommendation, that does not coincide with what we're seeing here. What are we voting on? What Marc just -- excuse me -- what Commissioner Sarnoff just mentioned was a -- is different from what we're voting on. Chair Sanchez: Exactly. And -- Commissioner Regalado: No, it's not. Chair Sanchez: -- it should -- Vice Chair Spence -Jones: No. Chair Sanchez: Hold, hold, hold, hold. And the only concern that I have, as the Chair, once again, is this item was put in at the last minute without being analyzed by our public -- Planning and Zoning Department, our Legal Department, and it didn't even go through PAB, so it's of great concern to me. I cannot support any of these amendments that are being put in at the last minute. I want to state it very clearly. That's my opinion. Any time that I'm confused on an issue and I don't understand it, I vote no. 'Cause you know what? It may come back to haunt me andl might regret my vote. So let's -- we want to go through all of them. I don't want to deny anybody the process. We're going to go through all of them. There's a motion and a second. Let's go ahead with a vote on this one. Ms. Bru: Mr. Chairman, can I say something before you vote, please? Okay. Because I'm a bit confused myself. Assuming that what has been moved and is being voted on is number one in this document dated May 13, which is each Commissioner designate on the map of his or her district the borders of the neighborhoods to be protected as lower -density traditional neighborhoods. Is that what's being voted on? Vice Chair Spence -Jones: That's what I'm asking. Ms. Bru: Okay. I would recommend and urge you, before you vote on it, to ask your Planning director whether or not voting on this, in fact, would be consistent with the rest of your comp plan. I mean, consistency is integral to your comp plan. I, myself first of all, don't quite understand what this means. City of Miami Page 265 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: But due -- with all due respect, I shouldn't have to ask her that. She should tell us that. She should say that's not consistent with her plan. I shouldn't be asking her question. I look after the best interest of the City ofMiami. She should be doing the same thing, with all due respect. She should be saying -- Ms. Gelabert-Sanchez: Commissioner, I think -- again, we are not in support of the recommendations of the MNU. Chair Sanchez: All right. Ms. Gelabert-Sanchez: I would ask you, again, what is a traditional neighborhood? I don't have a definition for that. What we are saying -- what we said -- and that's the conversation we had about what should go where. I think it's something that I also did mention last City Commission, which was as the process that you've asked us to do with the Miami 21 process, where we're going to be able to provide those zoning classifications and work with you and each Commissioner and be able to define that. In the Comprehensive Plan, I would be concerned because we do not have what is a traditional neighborhood. I don't have a definition for that. Commissioner Sarnoff. Ana, won't the -- this document then goes up to Tallahassee, right? Ms. Gelabert-Sanchez: It goes up there -- Commissioner Sarnoff. They spend 60 days looking at it, and will they ask themselves the question what is a traditional neighborhood? Ms. Gelabert-Sanchez: You would have to ask them, Commissioner. I -- Commissioner Sarnoff. What do they do up there for 60 days? Ms. Gelabert-Sanchez: They will review what -- they will review the document that we've sent, and then -- Commissioner Sarnoff. Right. Ms. Gelabert-Sanchez: -- they send the -- any objections, recommendations -- Commissioner Sarnoff. With comments back. Ms. Gelabert-Sanchez: -- and comments back, but again -- and l just want to be -- Commissioner Sarnoff. So would they, in your experience, say what is a traditional neighborhood? Ms. Gelabert-Sanchez: They probably would ask us what it is, a traditional neighborhood; how you're defining it, and we don't have such a definition. And everything that you put on this document is important because it just is tying us up to the rest of the things. It has an effect on the Zoning Ordinance and any other action. My concern is the Planning Department has -- is not in support. We have not looked at it. What we have reviewed and worked with the public process has been the Planning Advisory Board's recommendation on the book. We're making them. Of course, you're the one that establish policy and make it. What I can tell you is there is many things there that I cannot tell you. They have an impact. There may be things that is a clear yes; other ones, we would have to look at it. But the concern is, there is not a definition for traditional neighborhood. It seems that it would be something good, but I don't really know what does that mean. City ofMiami Page 266 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: All right. Vice Chair Spence -Jones: What about --? Ms. Bru: Mr. Chairman, I'm sorry, but -- I mean, just reading this, just from the text of it, Commissioners don't designate land use individually. That goes through a public process, and then it comes to you as a whole to designate a district. I think -- you know, and that's the point of trying to analyze something like this, you know, on -- you know, off the cuff like this without looking at all the implications that something like this has. Again, you know, your comp plan is just intended to be very general, broad guidelines. They're not intended to micromanage, you know, your land use and your growth. It's general principles, and getting into specifics about what a Commissioner will or will not do, when, in fact, the process is one that entails, you know, advisory boards and public participation, seems to me to be probably illegal. Chair Sanchez: All right. Commissioner Regalado: Can I -- Commissioner Sarnoff. So you're --? Commissioner Regalado: -- ask something, Mr. Chairman? Chair Sanchez: All right. Listen, Commissioner Regalado, and then, folks, I'm going to ask you, with all due respect, my colleagues, as the Chair, let's have an orderly meeting. Let's go ahead and go through all the elements, if you want, Commissioner. We're going to vote on all the elements, if you have recommendations or amendments to 'em, but you know, we've had plenty of time to sit down with the Administration. We've had plenty of recommendations from everybody, and at least I've had, on many occasions, the opportunity to ask a lot of these questions and I've been answered, so I was expecting to come out here, maybe take about an hour. I'm sure there's going to be amendments. I have two amendments. I'm sure you have some amendments, and there's some other amendments, but let's not complicate -- this could be painful or not painful. I'd rather it be non painful. Ms. Gelabert-Sanchez: Commissioner -- Chair Sanchez: Commissioner Regalado, and then we're going to vote. Commissioner Regalado: I agree with you, Mr. Chairman, that this is easy. There are many cities throughout the state of Florida who have designated several neighborhoods as low density and other neighborhoods as high density. You may ask, well, what is a traditional neighborhood? Andl may ask you andDCA, what is an urban infill city? Because you think that you can designate the whole City ofMiami as an urban infill. However, there is no roads to support; there is no infrastructure; there is no traffic structure to support it; and yet, you believe that the whole city should be an urban infill and traffic concurrency, or whatever that name is. So on one side, you're telling us that the whole city should be something. Now there are cities throughout the state of Florida who have high density and low -density, high -growth and low -growth neighborhoods, and if you want to eliminate the word because it's confusing historical or whatever or -- but -- and you say low -density residential, it is -- we're accomplishing the same. What you want to do is just brand the City ofMiami with one single. You can develop the whole city. You can have transit concurrency in the whole city, and this is also wrong. And frankly, I did had a lot of time to discuss with you and the Manager this morning and the other day about the recommendations ofMiami Neighborhoods United. I think they're a part of the record; they say it. And if the City Attorney believe that, you know, it might be illegal that a Commissioner will decide, well, guess what? The people have been decided City ofMiami Page 267 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 what residential neighborhood should be residential. There is the Coral Way Alliance; mind you, not Miami Neighborhoods United, and they have been pushing for the same thing in terms of low density, so I just don't understand what is the problem in voting. Do we vote for the concept that each district instead of each Commissioner designates on the map the borders of the neighborhood to be protected by lower density? It would be the same. It probably be legal, but I think that -- Commissioner Gonzalez: Well, my -- Commissioner Regalado: -- the Chairman is right. We should just go ahead and start doing what we came here to do. Ms. Gelabert-Sanchez: IfI may. Commissioner Gonzalez: My point is that I believe that this is something that was going to be achievable with Miami 21 and the mapping of the different neighborhoods -- Ms. Gelabert-Sanchez: IfI can -- Commissioner Gonzalez: -- and the different districts because right here I see on page 5 that Little Havana target area, where it says 200 units per acre, has been deleted. Chair Sanchez: I'm amending that. That's one of my amendments. Commissioner Gonzalez: Okay, and that's Commissioner Sanchez district. Chair Sanchez: Why complicate the whole issue? Commissioner Gonzalez: And then it talks about Southeast Overtown/Park West, 300 units; and Brickell, Omni, and River quadrant, 500 units per acre, you know, so this is affecting everybody's neighborhood without consulting -- without -- at least nobody has consulted me about this, you know. Chair Sanchez: No. That's only the Little Havana area. Vice Chair Spence -Jones: No. He said in other areas. My area's in there -- Chair Sanchez: Oh. Commissioner Gonzalez: No, no, no. It talks about Little Havana. Chair Sanchez: No, no, no, no. That's only in my area. Commissioner Gonzalez: Huh? Chair Sanchez: There's five different ones, and it only focus on my area. Vice Chair Spence -Jones: No. It's Overtown/Park West in there too, yeah. Ms. Gelabert-Sanchez: Can I -- Vice Chair Spence -Jones: Can I just --? Ms. Gelabert-Sanchez: -- couldl --? Yeah. City of Miami Page 268 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: I'm sorry, Ana. Ms. Gelabert-Sanchez: I just -- Vice Chair Spence -Jones: Mr. Chairman, that was the reason why I said in the beginning, I think that if we're going to make any progress, I think that we should focus on what we came here for amendments first. Let's get our amendments out of the way. If staff needs to discuss it further or if something's not correct, but at least we would have made some ground. Let's deal with our amendments first, and then let's deal with the outside issues or the additional issues. Chair Sanchez: All right. Ms. Gelabert-Sanchez: Couldl -- yeah, couldl clar --? Vice Chair Spence -Jones: But we came here with a purpose, to at least provide our input on these amendments. I think that we should focus our attention on getting that done first. Chair Sanchez: Vice Chair, and we will -- Commissioner Gonzalez: There is -- Chair Sanchez: -- wait -- and we will. Commissioner Gonzalez: If you allow me, just looking through it, there is another section here that really concerns me and should concern you -- Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: -- okay? Policy MP-1.1.2, in order to protect the character and scale of lower -density traditional neighborhood, no building along the commercial corridor that abuts a single-family or duplex neighborhood may be higher than 35 feet. Chair Sanchez: But that's not the amend -- Commissioner Gonzalez: Okay. Chair Sanchez: That's -- Ms. Gelabert-Sanchez: Can I --? Commissioner Gonzalez: And such a building should have surface parking as a buffer between itself and the neighborhood. Vice Chair Spence -Jones: What page are we looking at? Ms. Gelabert-Sanchez: Couldl clam something? Commissioner Gonzalez: On page -- I'm looking at the neighborhood elements. Ms. Gelabert-Sanchez: Commissioners, the document that you have, it might be what MNU just distributed. That is not our recommendation. MNU -- andl couldn't even tell you because I don't have a copy of it with me -- if that document is the one that went to Planning Advisory Board. I believe that's not one went to Planning Advisory Board. Several versions keep coming, so I don't have it in front of me, so I cannot tell you if, in fact -- my understanding, through the chairman of the PAB, that this is not the document she saw. That's not the document that went City of Miami Page 269 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 in. What I'm telling you is those are not our recommendations. Ms. Bru: Mr. Chairman, it -- to me, this is very irregular. You have before you a document that is the end result of a lengthy and well thought out public process; it's in your agenda. You are -- Chair Sanchez: Counsel -- Ms. Bru: -- directing this discussion based on a document that was handed this morning. It's an entirely different comp plan. Chair Sanchez: Counsel, I am in agreement with you, okay? I had a process established. However, I'm not going to deny a colleague of mine to present what he wants to present. So, we could go through what we have here, or we could go through all of them, and we'll vote on separately. He's got -- he's presenting an amendment; it's going to be voted on. If he has three votes, he has three votes. That's the beauty of democracy. So, Commissioner, how many amendments are you going to present from the entire thing that you have, five, four? Can we just go down in order? We'll start with number one. You had number one, right? Commissioner Sarnoff. Right. Chair Sanchez: All right. So, on number one -- and this is the process now, okay -- falls each Commissioner designate on a map of his or her district or border of the neighborhood to be protected by lower -density traditional neighborhood. The concerns that have been put on the floor, based on the presentation that he's made, from the City is, one, it did not go through PAB. These are recommendations just put in right now. It did not go through Legal, okay, so there are some concerns with that. So let's vote on it. There's a motion and a second. The motion was made by Commissioner Sarnoff, second by Commissioner Regalado. Madam Clerk, roll call. Ms. Thompson: Commissioner, Chair, with all due respect to you, as the Chair, and the Commissioners, I have no idea what you're voting on. I have no document. Vice Chair Spence -Jones: I know. Chair Sanchez: Ma'am -- Ms. Thompson: As your record keeper, as your official record keeper, I don't know. Chair Sanchez: All right. Well, listen, let's -- Ms. Thompson: I have nothing. I can't -- Chair Sanchez: -- vote on this 'cause there's a motion. We got to vote it down or vote it up, and then we're going to go straight to the documents that we have, okay. Commissioner, it's up to you. Do you want to withdraw your motion or proceed with it? Commissioner Sarnoff. I'm not withdrawing my motion. Chair Sanchez: You're not with -- okay. We're voting. He is amending LU-1, and could you read the language into the record, Commissioner? Commissioner Sarnoff. Maintain a land -use pattern that, number one, protects and enhances the quality of life in the City's neighborhoods; two, fosters redevelopment, revitalization of blighted or declining areas; three, promotes and facilitates economic development and growth of job opportunities in the city; four, fosters the growth and development of a downtown as a regional center of domestic and international commerce, culture, and entertainment; five, City of Miami Page 270 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 promotes the efficient use of land and minimizes land -use conflicts by planning for increased density and intensity in the urban central business district and other -- and selected other high -density urban neighborhoods and transit nodes, while protecting and preserving lower -density traditional neighborhoods; and six, protects and conserves the City's significant natural coastal resources; and seven, protects the integrity and quality of the City's existing neighborhoods by ensuring public notice, input, and appellate rights regarding changes in existing zoning and land -use regulations. Chair Sanchez: All right. There's been a motion and a second. That's amendment to LU-1.1.1. Ms. Thompson: Roll call. Chair Sanchez: Okay. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Is that the document that was just handed to us? Commissioner Sarnoff. Yes. Chair Sanchez: Yes. Commissioner Gonzalez: No. I can't vote on that because I haven't been able to read it. Look how many -- Chair Sanchez: No. Commissioner Gonzalez: -- pages, and -- you know, and -- you know, I -- just looking through it, I found an element that affects Overtown, and l found another element that affect Little Havana, and you know -- Vice Chair Spence -Jones: He's talking about number one, though. Number -- the number -one issue, LU -- this one. He's talking about this one. This, each Commission designate -- that one. Unidentified Speaker: What he read was a lot longer than that. Commissioner Gonzalez: Yeah, but -- Vice Chair Spence -Jones: But he's adding -- he just added -- Commissioner Gonzalez: -- what the Commissioner read is a lot -- Vice Chair Spence -Jones: -- he's adding that in it. Commissioner Gonzalez: -- more than that. Huh? Vice Chair Spence -Jones: He's adding this element in it. Commissioner Gonzalez: Yeah, but there is more added to it than just -- Commissioner Sarnoff. You know, Commissioner, good faith -- you're right. In order for you to vote for LU-1, you would have to understand the document in front of you; good faith. I don't want to -- I'm not trying to deceive you. Chair Sanchez: All right. City of Miami Page 271 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Sarnoff. You would -- because there'll be further definitions within this document, so if you're not comfortable -- but, in good faith, you have to understand this document in total. Chair Sanchez: Okay. Ms. Thompson: Continuation of -- Chair Sanchez: Continue with the roll call. Ms. Thompson: -- your roll call. Vice Chair Spence -Jones? Vice Chair Spence -Jones: I just think this whole process is all wrong. I'm just telling you; I think it's all wrong -- Chair Sanchez: Okay. Vice Chair Spence -Jones: -- and -- Chair Sanchez: Is that a yes or a no? Vice Chair Spence -Jones: I mean, if I'm -- looking at number one, I'm going to vote yes, so, I mean -- Chair Sanchez: All right. It's a yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: And then Chair Sanchez? Chair Sanchez: No. Ms. Thompson: Okay. Then that motion, number one on this sheet that addresses LU-1.1.1, passes, 3/2. Ms. Bru: You know, I'm sorry, Chairman -- Chair Sanchez: No, no. It's -- Ms. Bru: -- but the Clerk has a document in her hand that is not what Commissioner Sarnoff was reading -from, and he read something that is not in what I'm looking at, and we really need to understand what's going here. I'm sorry, Commissioner. Can I see the document that you were reading from? I'm sorry. Chair Sanchez: I'm going to call a ten-minute recess. Vice Chair Spence -Jones: That's what I told you to do 15 minutes -- City of Miami Page 272 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Gonzalez: Let me tell you. Before calling the recess, I believe that we -- what we should have done here is voted -- or make a motion on the Planning Department recommendation or the MNU recommendation, the one that we have all look at and read and study and analyze and eat and dream and whatever, and then each Commissioner should make their amendments to the different sections. Chair Sanchez: Okay. Ten-minute recess. [Later... Chair Sanchez: All right. Let's see if we could get the Commissioners, I mean, so we can move forward with this. Could we get the sergeant at arm to see if we could get Commissioner Gonzalez and Vice Chair Spence -Jones? All right. Commissioner Spence -Jones is here, and we're still waiting for Commissioner Gonzalez. He's coming? Okay. All right. So, for the record, for the sake of clarity, LU-1 was amended, and it passed 3/2. Okay. Any further actions from the Commission on that item? Vice Chair Spence -Jones: I would just ask, Mr. Chairman, just so that we're all clear -- because I do think that it was confusion on the item -- that Commissioner Sarnoff read back into the record so that we're all clear what he actually put in. Can you please read that again, Commissioner Sarnoff? Thank you. Commissioner Sarnoff. I thought I did such an eloquent job the first time. Vice Chair Spence -Jones: I think you did. Commissioner Sarnoff. I know I'm not going to do it again this time. Chair Sanchez: Okay. All right. Wait, wait, wait, wait, wait, wait. Can't read it -- if you have any concerns over this, I think the appropriate motion for you to make is a motion to reconsider the item, then he has to read it back in the record. Is that what you're suggesting? Is there a motion to reconsider? Vice Chair Spence -Jones: Well, I want -- Do you have a problem with reading it again, Commissioner Sarnoff? I just want to make sure we got it right. Commissioner Sarnoff. No. Could l just ask my office for some water? All right. Commissioner Regalado: I have water here. Commissioner Sarnoff. Can I borrow your water? Thank you. Commissioner Regalado: I haven't touch it. Commissioner Sarnoff. That's okay. I don't mind. Goal LU-1, semi -- colon, excuse me -- maintain a land -use pattern that, number one, protects and enhances the quality of life in the City's neighborhood; number two, fosters redevelopment and revitalization of blighted or declining areas; number three, promotes and facilitates economic development and growth of job opportunities in the City; number four, fosters the growth and development of downtown as a regional center of domestic and international commerce, culture, and entertainment; number five, promotes the efficient use of land and minimizes land -use conflicts by planning for increased density and intensity in the urban business district and selected other higher -density urban neighborhoods and transit nodes, while protecting and preserving the lower -density traditional neighborhoods; and number six, protects and conserves the City's natural and coastal resources; and number seven, protects the integrity and quality of the City's existing City of Miami Page 273 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 neighborhoods by ensuring public notice, input, and appellant rights regarding the changes in existing zoning and land -use regulations. Chair Sanchez: All right, Commissioner. The item has been read. Ms. Gelabert-Sanchez: Lower -density traditional neighborhoods, is that a new land -use category? Commissioner Sarnoff. I don't think said lower -density traditional neighborhoods. Ms. Gelabert-Sanchez: I'm reading from something that was just -- Commissioner Sarnoff. I'm sorry. I did say that, lower -density -- Ms. Gelabert-Sanchez: I think you did. It says -- it's on the fourth line -- Commissioner Sarnoff. Right. Ms. Gelabert-Sanchez: --from below, lower -density -- Is that a new land -use category? Commissioner Sarnoff. I believe lower density will be defined as -- Ms. Gelabert-Sanchez: If it -- Unidentified Speaker: He cannot do that. Ms. Gelabert-Sanchez: Yeah. Commissioner Sarnoff. -- I believe it will be defined in number 1.1.3. Ms. Gelabert-Sanchez: If it's meant to be a new category, we cannot do that. Commissioner Sarnoff. We cannot do it? Ms. Gelabert-Sanchez: No. Chair Sanchez: All right. So Planning says we cannot do that. Legal, do you want to opine on that? Ms. Bru: I agree. And the point being is that, you know, we're using terms that are capitalized. They're intended to be a defined term that we don't understand, and providing for new land -use categories that haven't gone through the public process that are not part -- Chair Sanchez: All right. Ms. Gelabert-Sanchez: That's what it -- what we were trying to say before; that there's a lot of definitions there that we don't really know what they mean. Chair Sanchez: Okay. Ms. Gelabert-Sanchez: If it's a new land -use category, we cannot do it. Chair Sanchez: Listen, this item was already voted on. You've had the opinion from the Planning, and you've had the opinion from the Legal Department. It was voted 3/2. The appropriate motion will be -- City of Miami Page 274 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Gonzalez: Mr. Chairman, I would like to -- Chair Sanchez: -- motion to reconsider is the appropriate motion to make. If there's no motion to reconsider, we move on to the next element. Commissioner Sarnoff. All right. What you're saying, Maria -- I'm sorry, not Maria -- Julie, is that by voting for this document, we violated the law? Ms. Bru: Commissioner, I think that there're certain things that are appropriate in the comp plan as part of an amendment to the comp plan, and then there's other things that you need to do through a public process, going through the PAB, and this -- all of a sudden, to insert this, which may or may not be a new land -use category, at this time, without having gone through the public process, is illegal. Rob Curtis: Excuse me. It's more than that. State law requires that if you're going to make changes to the future land use map, you have to provide the data analysis -- Commissioner Sarnoff. What's your name, for the record? Mr. Curtis: I'm sorry. My name is Rob Curtis. I'm a planning consultant to the City. If you're going to change the future land use map, you're going to have to provide the data analysis to support that. If that's where this is going, and that's -- and that was the question. If this is a new land -use category, then we're -- then I assume that, further on down the line, we're going to be changing the future land use map as part of this process, and to do that, we're going to need the data and analysis to accompany that. Commissioner Sarnoff. How frequently, Mr. Manager, do we amend our comp plan? Chair Sanchez: Seven years. Mr. Hernandez: Commissioner, I believe that that's done either twice or once a year. Isn't that right, Ana? The text amendments -- Ms. Gelabert-Sanchez: We have opportunity to take text amendments -- to make amendments twice a year, but the review of the Comprehensive Plan is every seven years. Mr. Hernandez: But I think the -- Commissioner Sarnoff. All right. So -- Mr. Hernandez: -- Ana, I think the Commissioner's question is whether a change such as this can be entertained through a text amendment. Ms. Gelabert-Sanchez: I think it's more than -- it may -- my recollection of one of the documents that was given to us through MNU is a proposal of a totally new Comprehensive Plan. It had more implications than just a text amendment. That's why we've been cautious. Commissioner Sarnoff. Well, let me throw this question out to Legal. Supposing this is a direction I'd like to see the City ofMiami go 'cause I just hope -- happen to believe that this entire city needs to be exempt from concurrency, but let's suppose for a moment that you all are complaining that there's been inadequate public procedure here -- and have to admit freely that this was being changed pretty quickly, and certainly, post-PAB vote. Could this be brought to the PAB and sent up as a text amendment within the next six months? City ofMiami Page 275 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Bru: Commissioner, I'd like to defer to our consultant, who has been working for a couple of years now with the Planning Department to provide for these matters. Could you please address the Commissioner's question? Mr. Curtis: To make the text amendment and to make the map changes, is that what your question is, within the next six months and send it up to DCA; is that your question? Commissioner Sarnoff. I like that question. Mr. Curtis: Okay. Yes. You -- twice a year, the Commission is -- the City is able to make amendments to -- Commissioner Regalado: So what's the problem? Mr. Curtis: -- the Comprehensive Plan, but it needs to -- the data and -- this type of change will require data and analysis in order to move through the process. If it's sent up without the property data and analysis, DCA will kick it back to us and tell us to provide the data and analysis to support the -- this amendment, and it is a significant amount. Commissioner Sarnoff. I got -- you gave me my answer. Thank you. Mr. Manager, is there any financial reason why we couldn't get this done in the next six months? Mr. Hernandez: Commissioner, my concern would be that this is one item that may have an impact throughout the whole comp plan, andl think that I will have to have staff look at the whole comp plan and then be able to give you a better idea because it's not just LU-1. It may have an impact throughout the comp plan. Commissioner Sarnoff. I might be inclined to reconsider this, Mr. Manager, but after that statement, I'm much less inclined to do it because my concern is I don't mind that I don't vote on this today, but I don't want to see the process stop. I don't mind that this gets voted down. I happen to believe that this City does not need to be entirely nonconcurrent, but -- if that makes any sense. In other words, we should not be exempt on a citywide basis. Ms. Gelabert-Sanchez: I -- Commissioner Sarnoff. I happen to believe that. Let me finish. I won the vote; I get to say something. Whatl want to know is, if this Commission were to, let's say, reconsider this and then vote and direct you to do something, I want to make sure that there's no impediment for you to do that, and that's what I'm asking you. Are there any impediments for you to turn around and take whatever data you need, create whatever report you need, whether it's a whitepaper or whatever; create whatever, you know, data stream is necessary; put that before the Planning Advisory Board, let it get vetted publicly, and let it go in as a text amendment. Mr. Hernandez: Commissioner, there's something that, yes, we can do. The only thing is that I couldn't, for example, abide to the six month because I don't know what type of an impact it may have, whether it's six months or whether it's a year because there is a lot of impact that resonates throughout the whole comp plan. Doable? Yes, you can do it; you can collect the data, but it may take about a year, not six months. Ms. Gelabert-Sanchez: Couldl add -- Chair Sanchez: Sure. Ms. Gelabert-Sanchez: -- Commissioner? As one of the recommendations that was made by the PAB, it's to study the whole City as an urban infill, so we're doing that. I believe we also had City of Miami Page 276 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 been given a time limit. In addition to -- Commissioner Sarnoff. Two years. Ms. Gelabert-Sanchez: -- that -- in -- Commissioner Sarnoff. That's two years in your study. Ms. Gelabert-Sanchez: And perhaps it's looking at it at that date, but we are looking in -- it was a recommendation and we're doing it. The other thing that I would submit to you is that you, on the last City Commission, gave us the go-ahead to proceed with Miami 21. There's a time limit - - time given to us by this Commission. You want it back in December. That means we need to be at the PAB in October. If PAB approves it and it comes to you and you approve it, I need to send it to DCA. There might be land -use changes. I think it would be -- as a result of the -- what we are going to do with the mapping of the other quadrants, that, perhaps, at that point, it would be a good opportunity that if it makes sense on those land -use changes, to make it at the time when it it's going to DCA. Like I said, you gave us the go-ahead last City Commission. You have given us a time frame where we need to be back to you in December. As we presented it, October is PAB, and then it's back to you at the end of October, and then we need to submit to DCA, so it might be -- if the concern is where are the densities and where is the height and where are we doing, that will be the opportunity to go through it. Commissioner Sarnoff. Well, ifI -- if I'm going to interpret what you're telling me is that you're going to be going through the same studies to begin with, and those studies could be incorporated into the MNU version of this issue, so it seems to me you would be working toward that goal anyways. It would seem to me that most of the finances that we provided for Miami 21 would help facilitate this land -use change. So if what you're telling me is you can likely have this done by October or November, then there's your six months, and this can go into the text -- it could at least be brought to the PAB, where the PAB can vet this issue and then can come back to either this Commission or wherever the proper procedure is as a text amendment. But ifI can't get that commitment, I cannot make a motion. Mr. Hernandez: Commissioner, it would be difficult for me to say that in six months. I think that I would stick to the year because I believe that DCA only allows the text amendments like October and April, I think are the periods, and don't think that we're going to be ready to do it within the six-month period. Vice Chair Spence -Jones: Ana -- Mr. Hernandez: There is no assurance at this point today as to how much resonance this change has throughout the whole comp plan, andl would feel safer if we attach a one-year commitment rather than six months. Vice Chair Spence -Jones: Can I ask you a question, Ana? Chair Sanchez: Vice Chair. Vice Chair Spence -Jones: I'm sorry. Chair Sanchez: You're recognized. Vice Chair Spence -Jones: When I'm looking at the item that you're proposing, right, that the City is proposing, right now we're getting a recommendation from the City Attorney, the City Manager, and the Planning Department on this issue. When I compare to what is being proffered by Commissioner Sarnoff compared to what's being proffered by us here, I'm seeing City of Miami Page 277 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 preserving residential sections within neighborhoods; I'm seeing that in our version. But I'm seeing in the MNU version, preserving lower -density traditional neighborhoods. So that's what they're actually proffering. That's really kind of what the difference is between what Sarnoff is proffering and what you are proffering. What would you say is the difference between preserving residential sections compared to what they're asking, preserving lower -density traditional neighborhoods when we don't have --? I mean, that's not really a terminology that we use. What would you say is the difference? It's still preserving residential sections within a neighborhood. Mr. Curtis: IfI could answer. Vice Chair Spence -Jones: Sure. Mr. Curtis: I think the residential -- I would read it -- and I can't speak for MNU 'cause I don't know what the lower -density traditional neighborhoods is, but I would say that the original language, residential sections within the neighborhoods, I think it is, perhaps, broader on the one hand because we're talking -- again, I don't know what lower density is, but you would be talking about duplex, single family. I think the residential sections is, perhaps, more inclusive -- Vice Chair Spence -Jones: Yeah. Mr. Curtis: -- but that's only from my perspective. Vice Chair Spence -Jones: Yeah. And that's what I'm looking at when I look at the language 'cause I do understand what MNU is trying to accomplish, and that is to make sure that we protect our neighborhoods; that we don't want to see overdevelopment happen in those neighborhoods. From what I'm seeing what is being proposed by staff -- or recommended by staff and by the City Attorney -- is basically the same thing. The only difference is that there is a different terminology that is being used by MNU, correct? Ms. Gelabert-Sanchez: There is a different -- like Rob Curtis just said, it's a different terminology, but it -- it's not as simple as just saying it's a different name. It's what are the implications of that. Residential is broader; it's what we have reviewed. It's what has been going through the public process. It's what we're recommending. Vice Chair Spence -Jones: Okay. Ms. Gelabert-Sanchez: That's -- Vice Chair Spence -Jones: This is what PAB is also recommending too? Ms. Gelabert-Sanchez: The P -- the language that you have in front is PAB. Again, I don't have the MNU document. What Rob just read is the MNU, and that's why we're caution you. We're not recommending that for the reasons that have been stated. Again, it is the purpose -- and it's throughout the Comprehensive Plan and where you have the document about the preservation of neighborhoods. It's about the buffering. All would like to say is you have been -- the document that you have in front, it has gone through a public process. There's some differences; ones that we're recommending. You have given us a time frame to come back to you with the Zoning Code, with the land development regulations, and at that moment, it's where we can start mapping and being able to address the lower- and the higher -density neighborhoods. Chair Sanchez: All right. I -- Commissioner Sarnoff I'm going to -- Chair Sanchez: Yes. City of Miami Page 278 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Sarnoff. I was going to make a motion. Chair Sanchez: What's your motion? Commissioner Sarnoff. My motion would be to instruct the City Manager -- Chair Sanchez: There's already a motion on the floor. Commissioner Sarnoff. Is there? Chair Sanchez: No. We voted on that motion. Vice Chair Spence -Jones: We already voted. He's -- Chair Sanchez: Well, are you moving --? Okay. Go ahead with the motion. Vice Chair Spence -Jones: Let him go. Commissioner Sarnoff. Well, I may make another motion if this one gets granted, but -- Chair Sanchez: Well, before you make your motion, I continue to have problems with this. Under Mason's rule, anyone can make a motion to reconsider. Before you make your motion -- correct me if I'm wrong, Madam Attorney -- Ms. Bru: Yes. Chair Sanchez: -- I continue to have a big problem with this, with the recommendations that I've proffered before. So I am going to pass the gavel and make a motion to reconsider the motion which was passed under LU-1.1.1. Motion to reconsider. We need a second. Commissioner Sarnoff. Before you -- Commissioner Gonzalez: I'll second, but -- Chair Sanchez: Okay. You're the Chair. Commissioner Gonzalez: -- what did you try to reconsider? Chair Sanchez: I'm reconsidering the motion that was -- Commissioner Gonzalez: His motion? Chair Sanchez: -- passed by Commissioner Sarnoff on LU-1.1.1. Vice Chair Spence -Jones: I have a motion. I have a second. All in favor? Chair Sanchez: Well, roll call -- Commissioner Gonzalez: Aye. Chair Sanchez: -- 'cause it's -- you're the tiebreaker. Commissioner Sarnoff. Well, wait, wait. City of Miami Page 279 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Okay. Wait. Let me just say this 'cause I'm the Chair right now, right? Chair Sanchez: Yeah. Vice Chair Spence -Jones: Okay. You've made your motion; you've made your second, but Commissioner Sarnoff Commissioner Commissioner Sarnoff. -- going to ask, under Mason's rules, to ask you to table that motion for a moment so I can make a motion right now. And that motion would be to instruct the City Manager to start the mapping and the necessary background data for the MNU changes to be presented by October. Vice Chair Spence -Jones: So what does that do with the first motion that you passed? Are you reconsidering that? Chair Sanchez: His motion is still alive. I'll table my motion. Vice Chair Spence -Jones: Okay. You're tabling it? Chair Sanchez: He's -- I'm going to allow him because then I'm -- my motion is going to stand, and I'm going to do -- everything he's put forth, I'm going to try to do away with. Commissioner Regalado: I'll second that motion and -- Vice Chair Spence -Jones: Oh, my God. Commissioner Regalado: -- for discussion, Madam Chair. Vice Chair Spence -Jones: Yes, yes. Commissioner Regalado: Okay. Vice Chair Spence -Jones: You're recognized, Commissioner Regalado. Commissioner Regalado: Okay. What he's trying to do is that what we approved a few minutes ago will not be included today in this document, but what we approved will be the guiding issues that the Manager will have to work not today but until next October of 2008. Commissioner Gonzalez: All right. But I believe that in order to do that, he would have to withdraw his first motion. Vice Chair Spence -Jones: Yeah. City of Miami Page 280 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Regalado: No, no, no, no, no, no. Commissioner Sarnoff. I may need -- Commissioner Regalado: No, no, and -- Commissioner Sarnoff. I got you. Vice Chair Spence -Jones: Commissioner Regalado, you're recognized. Commissioner Regalado: I think that what he's trying to do is the right thing, to give the Administration plenty of time, from now to October, to work on this mapping. As a matter of fact, the Planning director just said a few minutes ago, we're going to bring all the mappings and all the codes ofMiami 21 to the Planning Department in October -- or to the Planning Board in October and to the City Commission in November. So what he's trying to do, he's -- we approved the concept, and now with this motion, if we have three votes, he's giving you this concept so you have until October to come up with -- there is no need for reconsider. There is no need for withdrawing anything because the first one was a concept, and the second one is a follow-up to the first motion so the Manager can have time to work it. This is not part of the comp plan. This is just a direction that is a spin-off of the comp plan that the Manager is directed to do. Now, if you don't want to do it, that's another thing, but it is very -- Madam City Attorney, is this illegal? Ms. Bru: And I'm sorry, Commissioner, 'cause I was talking to our consultant, but -- Commissioner Regalado: Okay. Ms. Bru: -- the first motion that was made, in my opinion, continues to be -- Chair Sanchez: Illegal. Ms. Bru: -- irregular, perhaps illegal, because you're using a term, lower -density traditional neighborhoods, that if it is construed to be a new land -use category, it is not part of your comp plan, and to change -- Commissioner Regalado: But this is not part of the -- what he's doing, he's not making it part of the comp plan. Ms. Bru: But it's being used in the comp plan, and we don't have a definition, and it hasn't been included in the comp plan. Commissioner Sarnoff. Let me make it easy for everybody. If this Commission were to approve the motion I'm making right now, which is to designate the City Manager to do the necessary mapping, data stream, whatever you'd like to call it -- we'll just call it do your due diligence -- to bring this before the PAB for a public hearing so that it can be presented to the -- Tallahassee, if you will, in October, then I will make a representation to this Commission, I'll be the maker of the motion to withdraw or to reconsider, I should say, the motion I just made, which I thinkyou'll find more useful for your purposes as a winning party to that motion. Chair Sanchez: Okay. Staff -- Commissioner Gonzalez: I'm willing to second that motion. Chair Sanchez: Staff. City ofMiami Page 281 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Regalado: I second it already. Mr. Hernandez: Commissioner, in talking to the staff and the consultant, in essence, they're telling me that we need six months, including public meetings, before we can get to PAB. Commissioner Sarnoff. You could double up those Miami 21 public meetings. Chair Sanchez: At what price? And will we be in compliant [sic] with DCA? Answer those questions. Those are simple questions, guys. Mr. Hernandez: Okay. At this point, if the Commissioner proceeds to reconsider the item or reconsider the motion that was passed before, then we will continue forward with the PAB-supported proposal with the modifications from the Planning Department that you would like to support. And then this new proposal, let's say from MNU, that was sponsored by Commissioner Sarnoff, would be considered through a text amendment process separate from the action taken today. Commissioner Sarnoff. Correct. Mr. Hernandez: That's my understanding. Commissioner Sarnoff. If you'd like me to modin, my -- Mr. Hernandez: No, no. That's my -- Commissioner Sarnoff. -- well, what l -- my only motion before you today -- right now -- and l guess the other is just argument -- is to require you, by October, to have the necessary procedures in place for a text amendment. You may not like it; you may think it's unfair, but that's my motion. Mr. Hernandez: I believe that I clarified what we're doing today and that this would be a separate action from the vote on the EAR -based amendments that we have before you today. It's separate. Chair Sanchez: It's not a separate action. Commissioner Regalado: Yes, it is. Commissioner Gonzalez: Yes, it is. Mr. Hernandez: It would be. We -- Commissioner Gonzalez: Commissioner Sarnoff will withdraw his first motion -- Commissioner Sarnoff. Right. Commissioner Regalado: Yes, it is. Commissioner Gonzalez: -- that will be deleted -- Chair Sanchez: Oh, so -- Commissioner Gonzalez: -- from the EAR. City of Miami Page 282 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: I was not aware that he was going to withdraw the first motion. Mr. Hernandez: Yes. Commissioner Gonzalez: And then -- Commissioner Sarnoff. If prevail in this motion, I'll be the -- Commissioner Gonzalez: -- the -- Commissioner Sarnoff. -- maker of that motion. Commissioner Gonzalez: Right -- Administration compromises to get this study done by October. Chair Sanchez: Okay. But let me just -- once again, my answer -- my question has not been answered. One is, would we still be in compliance with DCA? Commissioner Regalado: Doesn't have to do -- Commissioner Sarnoff. Yes. Commissioner Regalado: -- anything -- Chair Sanchez: Commissioner -- Commissioner Regalado: -- it doesn't have to -- Commissioner Sarnoff. Yes. Chair Sanchez: Commissioner -- Commissioner Regalado: -- do anything -- Chair Sanchez: -- you're not -- Mr. Hernandez: If -- Chair Sanchez: -- the Administration -- Mr. Hernandez: -- Mr. -- Chair Sanchez: -- and you're not the experts here. Commissioner Regalado: Of course not. Mr. Hernandez: -- Chairman, if -- Vice Chair Spence -Jones: Order, order, order, order. Chair Sanchez: Yes, sir. Mr. Hernandez: If we proceed and go back to the original PAB-recommended EAR -based amendments with any recommendationsfrom Planning that you'd like to approve, and we -- they get approved today and they get submitted tomorrow, we'll be in compliance. What City of Miami Page 283 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Sarnoff is proposing is, via a separate process, which is called a text amendment, to look at what would it take to then introduce that change via a separate process and to have it before the PAB by October of this year. Commissioner Sarnoff Correct. Mr. Hernandez: Okay. And I'm haggling with him over whether it's October or November because I think it's a little tight. We need six months between now and PAB, so I would say more November than October, and then following PAB, then you continue your process to eventually send it to DCA. Commissioner Sarnoff Correct. Mr. Hernandez: And as far as the cost, Commissioner, it's difficult for me on the fly to come up with a number. I asked the consultant, and he says -- Chair Sanchez: How much would it be? Mr. Hernandez: -- you know, it could be 150, 000, plus or minus. I don't know, so I would have to confirm that. Vice Chair Spence -Jones: Hundred and fifty thousand extra dollars? Mr. Hernandez: The hundred and fifty thousand dollars that I made reference to is really a rough ballpark figure to do the text amendment process. Very rough. Chair Sanchez: You know, I would really appreciate Planning and Zoning to come up and give recommendations as to how we would do it; how we would pay for it. Ms. Sanchez: Commissioner -- Carmen Sanchez, Planning Department. The process would have to go through Procurement because of the amount that will be involved. Anything beyond $50,000 -- Chair Sanchez: We understand. Ms. Sanchez: -- the Manager has -- does not have the authority to do, so it would have to go through the Procurement process, or it -- Commissioner Gonzalez: All right. Ms. Sanchez: -- would have -- Commissioner Gonzalez: Let's make the motion to a maximum -- to approve a maximum amount of money, 150,000 top for this study. Ms. Sanchez: Or Commissioner -- or it can go with a four fifths emergency finding by the Manager to increase and forego the -- Commissioner Gonzalez: Listen, but -- Ms. Sanchez: -- Procurement procedure. Chair Sanchez: Does -- Commissioner Gonzalez: -- we don't want excuses later on that we haven't started because we City of Miami Page 284 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 didn't have the approval -- Ms. Sanchez: Exactly. Commissioner Gonzalez: -- of the Commission, so let's set -- Ms. Sanchez: That's why we're -- that's why I'm making the -- Commissioner Gonzalez: -- an amount. Ms. Sanchez: -- clarification. Commissioner Gonzalez: Let's vote on the amount. Chair Sanchez: Does the Administration -- Commissioner Gonzalez: And then if they're going to spend more, they will have to come back to the Commission. Chair Sanchez: -- Planning support that? Mr. Hernandez: Well, I think the concern here is that we would like to be able to use the same consultant that we have now working on it. To extend the contract or to augment it by $150, 000, for example, would require a four fifths support of the City Commission. Commissioner Sarnoff. Well, let's see if we have it. Mr. Hernandez: And if we have that support, then it gives me the ability to be able to sign an emergency finding and go forward. Chair Sanchez: You know, listen, with all due respect, as the Chair -- andl do want to apologize. I thought we had all these issues worked out. I thought that really -- at least I had all my issues worked out with the Administration. Vice Chair Spence -Jones: Me, too. I sure did. Chair Sanchez: Apparently, some of the Commissioners -- I don't know, for whatever reason, maybe you don't spend enough time with them or for whatever reason -- I just thought that a lot of these issues were not going to be surprise, and this has been a surprise to this process here. I don't know if it caught the Administration off guard and you know what? I'm not going to support another penny on all these studies that we're doing. I'm not going to support it. I mean, I'm just not going to spend any more money on all these studies and throwing all these things -- Miami 21, if it gets passed, it's going to -- a lot of those things are going to be going on. I don't want to duplicate service. I think, at times, we're rushing at some of these things, you know, just to -- I'm just a bit concerned. Vice Chair Spence -Jones: I totally agree with you. I mean -- Chair Sanchez: So I'm not going to -- Vice Chair Spence -Jones: -- I have a problem with -- Chair Sanchez: -- support any of this. Vice Chair Spence -Jones: -- spending an extra $150, 000 on -- City of Miami Page 285 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: But -- Vice Chair Spence -Jones: -- something like this -- Chair Sanchez: -- there's a motion and a second for this study. Roll call. Ms. Thompson: Commissioner, according to my records, the motion and the second was for the one that Commissioner Sarnoff made on the mapping portion of it. Commissioner Sarnoff.. Yes. Ms. Thompson: Nothing was mentioned in there about dollar amounts. Chair Sanchez: Well, not to exceed what, 150, 200, 000, half a million? Commissioner Gonzalez: A hundred and fifty. Mr. Hernandez: I would say a hundred and fifty. Chair Sanchez: A hundred and fifty thousand? Okay. For the record, a hundred and fifty thousand. I hope we don't layoff any police officers and firefighters with that. Ms. Thompson: Does the maker of the motion --? Commissioner Sarnoff.. If it does, let me know. Chair Sanchez: Okay. And you'll withdraw the motion? Commissioner Sarnoff.. Right. Chair Sanchez: Okay. Ms. Thompson: For the record, does the maker of the motion agree with that amendment? Commissioner Sarnoff.. Yes. I accept the amendment. Chair Sanchez: Who made the second? Commissioner Sarnoff.. The seconder was -- Commissioner Gonzalez: I made the second. Commissioner Sarnoff.. -- it was Commissioner -- Chair Sanchez: Do you accept that? Ms. Thompson: Commissioner Regalado was the second. Chair Sanchez: He'll agree. Commissioner Regalado: I was the seconder. I cannot accept the amendment because the Manager is giving a ballpark figure. Chair Sanchez: Jesus Christ. City of Miami Page 286 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Hernandez: Commissioner, it's a -- Commissioner Regalado: Mr. Chairman, I'm just trying to be like you here -- Chair Sanchez: No. I mean, you should be -- Commissioner Regalado: -- strict. Chair Sanchez: -- fiscal responsible. I -- you know, you're the one that says for the people and protecting -- you don't want to spend money for the people, you know, and here you're going to put a hundred and fifty thousand in a study that I don't think is necessary. Commissioner Regalado: Well, I was the one that voted -- Chair Sanchez: All right. Commissioner Regalado: -- for not -- Chair Sanchez: Well, let's go. We got to -- come on. This is the -- Commissioner Regalado: -- extending Miami 21 contract -- Chair Sanchez: -- first item, and we have other items to go through. Commissioner Regalado: -- you know. Mr. Hernandez: Mr. Chairman, can I make a suggestion, please? The -- Commissioner Sarnoff wants to have assurances that if he makes a motion to reconsider and you reconsider his prior motion, that the Administration is going to diligently work towards achieving the goal that he was advancing, which has to do -- which the technical issue would be that we would have to have a text change amendment done to our comp plan. Your department is saying that there's a public process that that -- that needs to be undertaken. I would suggest that perhaps here it's -- it wouldn't be appropriate to start talking about, you know, what is it going to entail; how much is it going to cost. Why don't we bring it back to you at the next Commission meeting with a full explanation of what it entails, how much it would cost, and then have all the facts before you, and then you can vote on it -- Chair Sanchez: All right. Ms. Bru: -- but with the understanding that at the next Commission meeting, you will have all the facts in front of you. Can it be done? Yes. Can it be done within six months? Most likely, probably; at least get it started to where it's actually before the PAB Board. Chair Sanchez: Can it be done? Look how long -- Ms. Bru: Before the PAB -- Chair Sanchez: -- it's taken us to get -- Ms. Bru: -- Board. Chair Sanchez: -- this EAR. Look how long it's taken Miami 21. Look how long it's taken Chapter 23. Please don't tell me things get done in a few months or six months here. They don't. City of Miami Page 287 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Bru: Well, but why don't you give the Administration the chance to come at the next meeting with all the facts, with a resolution, with all the appropriate authorizations to get it done within the time frame requested by Commissioner Sarnoff? Chair Sanchez: All right. The motion that has been put on the floor is to conduct a study not to exceed $150, 000. Commissioner Regalado: No, it's not. I did not accept the -- Chair Sanchez: Okay. The second of the -- Commissioner Regalado: -- amendment. Chair Sanchez: -- motion does -- so there is no motion. Ms. Thompson: There's -- Commissioner Regalado: No, no, no, no, no. Chair Sanchez: There's no second; there's only a motion. Is there a second to the $150, 000? Commissioner Gonzalez: I second it. Chair Sanchez: Okay. There's a second. Madam Clerk, roll call. Ms. Thompson: Roll call. Commissioner Gonzalez: Listen, if we're instructing the Administration to do their study and to prepare a document by October, okay, unless we decide to become volunteers and start working ourself [sic] on doing the mapping, maybe we can do it Saturdays and Sundays, in that way we don't have to pay anybody. It might not be perfect, but you know, we can do it. We can achieve it, you know. Vice Chair Spence -Jones: I think, Commissioner Gonzalez -- I'm sorry for interrupting -- the Chairman -- Commissioner Gonzalez: I mean, if you order anybody to do a job for you, you have to pay for the job. Vice Chair Spence -Jones: I think Commissioner -- Commissioner Gonzalez: I mean -- you know. Vice Chair Spence -Jones: -- Gonzalez, what Commissioner Sanchez is saying is at the next City Commission meeting, we should have staff come back to give us a full breakdown of what this costs and what the scope of services would be to make sure there's no duplication of that. Commissioner Gonzalez: All right. That -- Vice Chair Spence -Jones: I think that that's his point. Commissioner Gonzalez: -- that's why I'm saying -- and I put a cap of 150, 000. When they come back, if they say it's going to cost 20,000, hey, hallelujah; it's going to cost 50, hey, you know, great. City of Miami Page 288 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: All right. Madam Clerk -- Commissioner Gonzalez: Maybe then they will say, you know what? These consultant company, they have made so much money out of the City ofMiami that they decided to do it voluntarily, you know. Chair Sanchez: Madam Clerk -- Commissioner Gonzalez: And then, you know, we give them a plaque and a proclamation and all that. Ms. Bru: Mr. Chairman, clarification. Chair Sanchez: Well, we're here to amaze and -- Ms. Bru: I hear Commissioners refer to this task as a mapping. I don't think that that's the appropriate term. Can Ana please clarify what it is that is being directed to be done? Ms. Gelabert-Sanchez: I think what we've been directed to come back to you to analyze what the recommendation, the motion of Commissioner Sarnoff, based on what the MNU request is; come back to you in the next City Commission and say how much it would cost and how much -- how long it would take. Chair Sanchez: Mapping. It's mapping. Ms. Gelabert-Sanchez: Well, again -- Mr. Hernandez: It's -- Chair Sanchez: The requesting is mapping. Don't change -- Mr. Hernandez: This is the text amendment. Ms. Gelabert-Sanchez: It's the -- what the -- and like I said before, I do not have the MNU document. I can only tell you that we'll look at what they have and come back to you. My recommendation, ifI may, is what I tried saying to you -- on the Miami 21 on the last City Commission, you instructed us to move forward. The October date that gave you was based on a motion that was passed by the City Commission on February 14, where you told us be back to us on December. Whatl would like to, perhaps, ask, respectfully request is if we come back in October, it comes to the Planning Advisory Board and perhaps it might be addressing the issue that you're concerned or that some neighbors are concerned, and if it's not addressed, then at that time, we can pick it up and do it. It might be a duplicating of efforts what you're being asked to do -- what we're -- you're asking us to do. But again, my understanding of the motion is for us -- for the Planning Department and the City to come back to you with a breakdown of how long and how much. That's my understanding. Commissioner Sarnoff. That is not my motion. Chair Sanchez: That's not the motion. So, folks, the motion that stands -- Commissioner Regalado: No. The motion doesn't stand. I have not withdrawn the motion. Chair Sanchez: Commissioner Regalado -- Commissioner Sarnoff. No, no. I made -- City ofMiami Page 289 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Regalado: I have not withdrawn -- Chair Sanchez: Commissioner Regalado -- Commissioner Regalado: -- the second. Chair Sanchez: -- could you please allow me? Gonzalez second. Commissioner Gonzalez: All right. Let me tell you what. Commissioner Regalado: No. Madam, who second that motion? Ms. Thompson: The original seconder -- Chair Sanchez: And he withdrew. Ms. Thompson: -- of the motion was Commissioner Regalado. Chair Sanchez: And he withdrew. Commissioner Regalado: No, he didn't. No, I didn't. I said did not accept the amendment -- Commissioner Sarnoff. Right. Commissioner Regalado: -- clearly. Listen to me. Chair Sanchez: The what -- Commissioner Regalado: I did not withdraw the motion. I saidl did not accept the amendment. According -- Chair Sanchez: Which is $150, 000 for the study. Commissioner Regalado: No. Commissioner Gonzalez: All right. I withdraw -- Commissioner Regalado: It was a cap to -- Commissioner Gonzalez: -- whatever secondl gave, it's withdrawn. Chair Sanchez: Okay. Commissioner Gonzalez: It's up to you people now. You decide what you want to do. Commissioner Sarnoff. All right. Let me -- I'll -- Commissioner Regalado: And the purpose is to understand what -- Chair Sanchez: We're here to entertain, folks. Commissioner Regalado: -- it would take -- Chair Sanchez: We're here to entertain. City of Miami Page 290 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Regalado: Can I speak -- Chair Sanchez: Yes, sir. Commissioner Regalado: -- sir? Chair Sanchez: Yes, sir. Commissioner Regalado: Okay. The purpose is to understand what would be the process, what would be the cost if we can go along and do a parallel program with Miami 21 and the mapping and what is being requested here. That's all. It's not that complicated. Guys, I mean, you're intelligent. It's not that complicated. You're making it complicated. I don't know why. Because it seems -- Mr. Hernandez: Commissioner, my understanding is that it's a separate process from Miami 21 as to what it takes. I would like to have Rob Dennis [sic] put into the record a -- at least an idea as to what this text amendment will take. Mr. Curtis: There -- Rob Curtis, Planning consultant. There are two pieces. There's the definition, which is the text amendment that we're talking about, and then there -- and that's an easy piece. That would be coming up with the language and getting everybody to agree on it; taking it out to the public and then bringing it to the boards. That's the easier part. But honestly, we've been doing that for the -- for Miami -Dade County on the Metrozoo site, and it has taken a year, but I think it can be done within -- the text amendment can be done within that period of time. What is the more complicated piece is the mapping; is when you take that text -- and if you want to assign those categories to your future land use map, that's where we need to have the data and analysis to support all of those changes. That's -- and that's outside -- that's not what Miami 21 is doing. Miami 21, I think, would give you where you might want those to be -- where you might want those zones to go and what those -- Commissioner Regalado: Miami 21 was doing the mapping. Mr. Curtis: Yeah, well -- exactly. The data -- Commissioner Regalado: So -- Mr. Curtis: -- but the -- Commissioner Regalado: -- the question is, can they work together with you? Mr. Curtis: Yes. Chair Sanchez: All right. Mr. Curtis: Yes, but -- Commissioner Regalado: Then -- so what's the problem? Mr. Curtis: Well, I could explain. The problem is that Miami 21 does not require the data and analysis to go up to DCA. That's the problem. That's the extra -- Commissioner Regalado: But that's not the same data you can use it to send it to Washington or Tallahassee or to Moscow. I mean, it's the same data, you know. It doesn't -- City of Miami Page 291 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Curtis: No, it is not. My understanding, Miami 21, we'd have to look up all the infrastructure. We'd have to look at all the levels of concurrency that might be impacted. We have to follow the comp plan recommendations and give that to Tallahassee. There's a full set of data and analysis that has to go with that, and that's not being created in the Miami 21 document. Commissioner Sarnoff. Well, the Miami 21 -- correct me, if I'm wrong -- three of the districts have not had any kind of economic analysis. Is that correct? Mr. Hernandez: That's correct. Ms. Gelabert-Sanchez: That's correct. Commissioner Sarnoff. And those funds -- that's part of what we -- this last Commission approved, correct? Ms. Gelabert-Sanchez: Correct. Mr. Hernandez: That's included in what you approved. Commissioner Sarnoff. Right. And everything that we're studying on Miami 21, whether it's the creation of density or height or whether it's a reduction of density and height, is an analysis as to what the economic impact would be to the City of Miami for that district, correct? Mr. Hernandez: Yes. Commissioner Sarnoff. 'Cause, I mean, I saw the one for my district -- well, actually, I didn't see it. I don't know -- even know if it ever got done, so maybe there needs to be four districts done, but any rate, we certainly have the money in the bank account for it, correct? Mr. Hernandez: Yes, we do. Commissioner Sarnoff. That same data stream -- I don't mean to cut you off Mr. Manager, but that same data stream -- you know, I hate to say this, but I do this a lot as a lawyer -- is the data stream that can create the exact necessary numbers to put into this particular issue. I really don't see this as a great change or -- you know, you're buying a Volkswagen and maybe you're going to get some power windows on it, that's all. It's just not that great big a deal. Mr. Hernandez: Commissioner, there is a certain parallel between the Miami 21 and the text amendment process mapping that has to be done here, butl think, as the consultant indicated, in Miami 21 is at a certain level and he may have to elevate it for the data that will be required to submit to DCA, so he's got to go beyond just what Miami 21 Zoning Code would require. Commissioner Sarnoff. So let me be Commissioner Regalado for a moment -- and hope you don't mind this imitation. You were going to give us the bad information, but you only give the good information to Tallahassee? Mr. Hernandez: No, no. It's not -- nothing is bad or good here. It's the level that you have to provide for Miami 21 at a zoning code level is different than what you have to provide to support to DCA comp plan rec -- amendments. Mr. Curtis: And Commissioner, and that's laid out in the rules and in the statutes of what -- Commissioner Sarnoff. Okay. City of Miami Page 292 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Mr. Curtis: -- has to be provided. Chair Sanchez: All right. Commissioner -- the second -- the one who made the second on your motion withdrew the friendly amendment. What are you going to do? Commissioner Sarnoff. I'm going to maintain the motion. I want -- if we don't give the City Manager a deadline -- the one thing you know in the City ofMiami, if you don't have a deadline, it doesn't get done. Chair Sanchez: So the only -- is the study and there is no money attached to it? Commissioner Sarnoff. Correct. Chair Sanchez: Okay. All right. There is a motion -- a motion is made by Commissioner Sarnoff, second by Commissioner Regalado, just for the study attaching no money to it. Roll call. Ms. Thompson: Roll call. Chair Sanchez: Roll call. Ms. Thompson: Roll call. Chair Sanchez: Study without any money. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: I still have the question how are we going to do a study without money? So we're just saying stuff just to be saying it up here 'cause you know these people are not going to work for free. Mr. Hernandez: No, they're not. Vice Chair Spence -Jones: So I mean, like why are we playing with people's time? Chair Sanchez: Madam Clerk -- Vice Chair Spence -Jones: You know, I just don't get it. We know they just said it's going to be about $150, 000. Why are we saying, you know --? So ifI vote yes, okay, yes, and then what's going to happen? Nothing, because they're going to want to get paid Commissioner Sarnoff. Well, I'm going to make a motion right after this to then ask the City Manager to bring us the exact criteria necessary as the City Attorney has prescribed so that we can then vote on it. If you decide it's worth 50,000, fine; if you think it's worth 100, 000, fine; if City ofMiami Page 293 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 you think it's worth 150, fine. But I just have difficulty believing that with the data stream that's going to be created from the four quadrants of Miami 21, that you cannot somehow suggest to me it's not going to be an insubstantial amount of money. It just can't be that much money. Chair Sanchez: Madam Clerk, continue with the roll call. Ms. Thompson: I'm waiting on -- to register the vote from Vice Chair Spence -Jones. Vice Chair Spence -Jones: I have a problem with another study, once again. So I'm going to say no. Ms. Thompson: Thank you. Chair Sanchez: And no because we don't know if we're going to be using duplicate service on this and Miami 21 as pertaining to studies, and there is no money attached to it, so -- Vice Chair Spence -Jones: District 5 -- Chair Sanchez: -- that's a concern that have. Vice Chair Spence -Jones: -- is studied out. We don't -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- need any more studies. Ms. Thompson: So that motion -- Commissioner Sarnoff. Well, then I'm going to make a mo -- well, I'd like to make a motion to have the City Manager come back at the next Commission meeting with the necessary budget to complete the necessary work for the two text FLUM (Future Land Use Map) amendments and the planning -- the issues that I will give you with regard to the MNU proposal. Chair Sanchez: All right. There's a motion. Is there a second? You guys -- is there a second? Commissioner Gonzalez: Second. Commissioner Regalado: I will second with -- Chair Sanchez: Second by Commissioner Regalado. Discussion on the item. Commissioner Regalado: No, no, no, no. With an amendment. Second with an amendment. Chair Sanchez: What's the amendment? Commissioner Regalado: The amend -- the Manager should come back with the information if we can use, with facts, not we cannot use it, the data that would be obtained through Miami 21 to the same money that you requested $95, 000 for the economic development, $510, 000 for the rest of -- plus the 78 -- 770 -- $700, 000 still on the bank. You need to come back, and that would be the amendment, with the information that we could use part, all, or we need more data, with supporting document from other studies, not just say we cannot use it, so that will be my amendment. Commissioner Sarnoff. Let me accept the amendment with the further clarification, that I hope the seconder will accept, that our Planning Department, who has a great many experts on staff City of Miami Page 294 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 and have plenty of in-house information, use their best efforts in providing us the information, as well as hiring consultants. Chair Sanchez: More consultants, more money. All right. There's a motion and a second. Commissioner Regalado: No. We're trying to save money, Mr. Chairman, here. Chair Sanchez: Yeah, yeah, yeah. Commissioner Regalado: We're trying to do exactly what you're trying to do without doing the study. Mr. Hernandez: Mr. Chairman. Commissioner Regalado: You don't want to do the study -- Chair Sanchez: No, no, no, no, no, no, no. Commissioner Regalado: -- but the study should be done -- Chair Sanchez: Don't -- Commissioner Regalado: -- saving money. Chair Sanchez: First of all, Commissioner, do not speak for me. You speak for yourself. Commissioner Regalado: Well -- Chair Sanchez: Second -- Commissioner Regalado: -- you said it. Chair Sanchez: -- the money that's being used for Miami 21, which you are speaking about, that money is going to be going towards Miami 21. The issue here is that we're going to be spending dup -- spending money that might be duplicating services and spending more taxpayers' dollars on all these studies. And at the end of the day, I guarantee you there'll be a motion to reconsider because a lot of the things we're voting on here -- we, who have a responsibility, have not do due diligence and thought carefully, and we're voting against our Legal Department; we're voting against our Planning Department, and we're voting against experts who have spent years on this study. So let me caution you, as the Chair. Be careful what you ask for 'cause, at the end of the day, the taxpayers are going to be paying for it. That's all have to say. With all due respect to each of my colleagues, this is something that should have never gotten to this point, but we're here, we'll deal with it, but I guarantee you, some of the Commissioners who made all these motions will be coming back -- or before the end of the day, asking for a motion to reconsider 'cause you know what? They've made a big mistake, but that's it. We'll just continue. I'm only one Commissioner here. Commissioner Regalado: Mr. Chairman. Chair Sanchez: All right. Yes, sir. Commissioner Regalado: The amendment to the motion was precisely to avoid more money and more consultant. The amendment wants the Administration to come back for us to understand if we can use the data ofMiami 21 and not double the service. That was the whole amendment. That was what the Manager suggested, what Commissioner Sarnoff suggested City ofMiami Page 295 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: All right. Listen, Commissioner Sarnoff has a motion and a second on the floor. Madam Clerk, for the record, could you just clarify the motion so I could get a better understanding of it? Ms. Thompson: This motion, as I understand it, is for the Manager to come back with a report -- Chair Sanchez: Funding. Funding for the study. Commissioner Sarnoff. No. Ms. Thompson: No. Commissioner Regalado: No. Ms. Thompson: No funding. Chair Sanchez: What was it? Commissioner Regalado: No. Ms. Thompson: No funding. Vice Chair Spence -Jones: To find out whether or not the existing Miami 21, I guess, analysis can be utilized for this (INAUDIBLE) -- Chair Sanchez: All right. And let -- since we're on that issue, let me ask a question. Then what happens to Miami 21 if we end up using the money for this study? Commissioner Regalado: No. Mr. Hernandez: No. Commissioner Regalado: No. Mr. Hernandez: No, no. Commissioner Regalado: Do not duplicate. Chair Sanchez: No, no, no. I'm not duplicating. Commissioner Regalado: The Manager understood my motion -- Chair Sanchez: Yes. Commissioner Regalado: -- which is important. You don't have to understand it. He understood it. Chair Sanchez: No, no, no. I do have to understand because I, for one, do not vote on anything I don't understand. You do that a lot. Vice Chair Spence -Jones: Oh, okay. Chair Sanchez: Go ahead. City of Miami Page 296 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Please, please. Commissioner Regalado: Commissioner -- Chair Sanchez: Go ahead. Commissioner Regalado: -- you don't have to attack me personally. Chair Sanchez: No. I'm not attacking you, Commissioner. Commissioner Regalado: Yes, you are. Chair Sanchez: No, I'm not. Vice Chair Spence -Jones: Guys -- Commissioner Regalado: Yes, you are. Please -- Vice Chair Spence -Jones: -- can we please focus on why we're here? Commissioner Regalado: -- I beg of you, I respect you. You know, you may have your own views, but you don't have to attack a member of the Commission. Chair Sanchez: I'm not attacking you in any way. Commissioner Regalado: You are the Chair. Chair Sanchez: Yes. Commissioner Regalado: You're personally attacking a member of the Commission. That's not right. Chair Sanchez: I'm not attacking you in any way. Commissioner Regalado: You should know -- you just did. Chair Sanchez: Please. Ms. Sanchez: Commissioner, ifI may. We can come back with a report. What we intend to do is, perhaps, show -- well, Curtis -- the Miami 21 scope and let him determine if, from that work product, he can extrapolate the data that he would need in order to address Commissioner Sarnoffs concerns. That will cost no money. IfI understand that that is the direction from the Commission, we can do that without creating an expense. We don't have a problem with that. We can do that. It will not touch the monies that you have identified for Miami 21. It will not do that. We will be -- Chair Sanchez: All right. Roll call. Ms. Sanchez: -- okay with that. Mr. Hernandez: It is understood, Mr. Chairman, that we'll try to be as efficient as we can in seeing what we can use from Miami 21, seeing what we can use from what Planning staff may have, and we'll bring the scope for the text amendment to you with the best, I would say, estimate at that point in time for cost. City of Miami Page 297 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: All right. Roll call. Ms. Thompson: Roll call. Commissioner Gonzalez? Commissioner Gonzalez: Yes, with the condition that Commissioner Sanchez -- Commissioner Sarnoff put on the record that he will withdraw his first motion. Yes. My vote is yes. Chair Sanchez: With that condition. Commissioner Sarnoff. I accept. Chair Sanchez: Okay. Ms. Thompson: Does the maker of the motion -- the seconder, I mean, I'm sorry, accept that as well? Commissioner Regalado: Yes. Chair Sanchez: Commissioner Regalado, do you -- Commissioner Regalado: Yes. Chair Sanchez: -- accept that? Commissioner Regalado: Yes. Chair Sanchez: Oh, okay. Ms. Thompson: Thank you. Then Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes, with the understanding that we're not spending any more money on studies. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: Chairman Sanchez? Chair Sanchez: As long as he withdraws his first motion, yes. Ms. Thompson: Okay. Commissioner Sarnoff. All right. Mr. Chair, I -- Ms. Thompson: Excuse me, please. Before we go on, we still have a motion on the floor to reconsider. Chair Sanchez: Well, that's the appropriate motion that Commissioner Sarnoff is prepared to make at this time. City of Miami Page 298 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Sarnoff. Right. You should withdraw yours. Ms. Thompson: Thank you. Chair Sanchez: I withdraw my motion. Ms. Thompson: Thank you. Chair Sanchez: Commissioner Sarnoff makes a motion to reconsider. There's a second. Commissioner Gonzalez: Second. Chair Sanchez: There's a second. Any discussion on the item? And that is a motion to reconsider the original motion that's set forth. There is no discussion on the item. Motion to reconsider. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." So that motion has been withdrawn. Vice Chair Spence -Jones: Withdrawn. Chair Sanchez: All right. Now can we get back to -- Vice Chair Spence -Jones: LU-1. Chair Sanchez: -- LU -- we'll continue with LU-1. Are there any other issues on LU-1.2? Ms. Bru: I'm sorry. You had a motion to reconsider -- Ms. Thompson: I'm sorry. Thank you. Ms. Bru: -- that you voted on. Now you -- Ms. Thompson: Now you have -- Ms. Bru: -- need to vote on the reconsideration. Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: The reconsideration. Chair Sanchez: Okay, yes. All right. So there's a motion to reconsider, second. Vice Chair Spence -Jones: Second. Chair Sanchez: Second, for the record, by the Vice Chair. Any discussion on the item? Ms. Thompson: Actually -- Commissioner Sarnoff. No, no, no, no, no. Ms. Thompson: -- let's make sure we're clear. The motion to reconsider was made by Commissioner Sarnoff City City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Correct. Ms. Thompson: -- seconded by Commissioner Gonzalez, voted on 5/0. Commissioner Sarnoff. Right. Ms. Thompson: Now you're going to reconsider your -- Commissioner Sarnoff. Vote. Ms. Thompson: -- vote -- Commissioner Sarnoff. Right. Ms. Thompson: -- on that original LU-1.1.1. Chair Sanchez: Right. All right. And there's a motion and a second for the record. Commissioner Gonzalez: No. Commissioner Sarnoff. So move. Chair Sanchez: So move by -- Commissioner Gonzalez: I'll second. Vice Chair Spence -Jones: Second. Chair Sanchez: So moved by Commissioner Sarnoff. Commissioner Sarnoff. She's looking for what the motion is. Ms. Thompson: Exactly. Commissioner Sarnoff. The motion is to -- Vice Chair Spence -Jones: Move the Planning Department -- Chair Sanchez: No, no, no, no. Commissioner Sarnoff. No, no. The motion is, I believe -- correct me, if I'm wrong -- to deny the LU-1-1 [sic] that was previously considered. Vice Chair Spence -Jones: No. Commissioner Regalado: Right. Commissioner Sarnoff. Am I right on that, Madam Clerk? Ms. Bru: It would be the same (UNINTELLIGIBLE) -- Vice Chair Spence -Jones: To deny -- Ms. Thompson: Actually, what you did, okay, was a motion that you voted on approving City of Miami Page 300 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 LU-1.1.1, correct? Now you don't want that to stand anymore. Chair Sanchez: No. Ms. Thompson: Okay. Vice Chair Spence -Jones: Not one point -- Commissioner Sarnoff. So it would be a -- Ms. Thompson: So you actually want to -- I'm just trying to figure this out in my mind to make sure we go through this right. Okay, so actually -- Commissioner Gonzalez: I believe, if you allow me, that the motion must be to withdraw -- Commissioner Sarnoff. Withdraw -- right. Commissioner Gonzalez: -- the -- Ms. Bru: No. Commissioner Sarnoff. LU-1. Commissioner Gonzalez: -- amendment presented. Ms. Bru: No. It's -- Chair Sanchez: The motion is to withdraw the amendment that each Commissioner designate on the map of his or her district, the boundaries of the neighborhoods to be protected by low -density traditional neighborhoods. That's the motion. The motion is made by Commissioner Sarnoff, second by Commissioner Gonzalez. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. All right. Commissioner Gonzalez: Mr. Chairman, I would like to propose something to the Commission, to my colleagues. Chair Sanchez: Okay. Commissioner Gonzalez: I propose that we -- I'm making a motion approving the Planning Department recommendation, and then we can add whatever amendments we want to each element and each segment of the plan. I think -- because that -- Vice Chair Spence -Jones: Second. Commissioner Gonzalez: -- we will take many segments that we don't have any problems with, and then the ones that we have a problem with -- Vice Chair Spence -Jones: We could -- Commissioner Gonzalez: -- we'll pull it out and discuss it. City of Miami Page 301 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Yes. I think that makes a lot more sense because if we're going to do it the way that we were doing it -- Chair Sanchez: All right. For the proper motion would be motion to accept the Comprehensive Plan containingPAB's recommendations, with the Planning Department's modification. Commissioner Gonzalez: That's correct. Chair Sanchez: For the record, that's the appropriate motion to be made. Okay. Now how do you want to handle this? Do you want to -- Commissioner Gonzalez: All right. Chair Sanchez: -- vote on this? Commissioner Gonzalez: All right. Wait, wait, wait, wait, wait. Vice Chair Spence -Jones: Clerk -- Commissioner Gonzalez: I'm handling -- Commissioner Sarnoff. I'm not sure that that's the same motion you made. Vice Chair Spence -Jones: The Clerk is asking for -- Chair Sanchez: Guys, could you --? Commissioner Gonzalez: A motion to adopt the EAR -based amendment with modification identified in Exhibit C, dated May 8, 2008, as submitted by the Planning Department, with amendments -- Commissioner Sarnoff. So, Commissioner, just -- Commissioner Gonzalez: -- that are going to be proposed by each Commissioner. Chair Sanchez: Okay. So there's a motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- by Commissioner Gonzalez -- Commissioner Gonzalez: What we are approving is the base. Chair Sanchez: The base, just the -- Commissioner Gonzalez: The base concept. Now whatever -- Commissioner Sarnoff. In other words, we are not approving the PAB recommendations -- Commissioner Gonzalez: The Planning Advisor -- Commissioner Sarnoff. -- correct? Commissioner Gonzalez: Yeah, the Planning Department -- City of Miami Page 302 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Bru: Yes -- Ms. Gelabert-Sanchez: It's the -- Ms. Bru: -- you are. Ms. Gelabert-Sanchez: -- Planning Advisory Board recommendation with the Planning Department's modifications. Commissioner Gonzalez: All right. Ms. Gelabert-Sanchez: I believe that's -- Chair Sanchez: Okay. Commissioner Regalado: No, no, no, no, no. Commissioner Sarnoff. No. I don't -- Commissioner Regalado: No, no, no, no. Don't confuse the people here. Ms. Gelabert-Sanchez: No. I'm not confusing. I thought that's what he said. Commissioner Regalado: No, no. What Commissioner Gonzalez is doing, he is trying to get your document approved. Ms. Gelabert-Sanchez: Okay. Commissioner Regalado: We have two documents, and that's the start of the whole conversation with the City Attorney. We have the recommendations of the PAB, and we have the recommendation of the Planning Department. Commissioner Gonzalez: Okay. Let -- Commissioner Regalado: What Commissioner Gonzalez -- Commissioner Gonzalez: -- me -- Commissioner Regalado: -- wants -- Commissioner Gonzalez: -- modin, my motion then. Chair Sanchez: Hold on 'cause there's a motion and a second on the floor. Commissioner Gonzalez: Let me modifi,-- Chair Sanchez: We have to vote it up or vote it down. The maker of the motion wants to modify his motion. Commissioner Gonzalez: That's correct. A motion to approve the Planning Advisory Board recommendations with the staff amendments. Chair Sanchez: Okay. There's a motion and a second. Vice Chair Spence -Jones: Second. City of Miami Page 303 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: The item is under discussion. Now what we could do here is we could go through the elements and make amendments. We could separate them as to the neighborhood plan and to the river plan, that way we don't get confused on the issue. Vice Chair Spence -Jones: Okay, very good. Commissioner Gonzalez: That's correct. Chair Sanchez: So let's go ahead and do that. Ms. Thompson: Chair -- Chair Sanchez: Yes. Ms. Thompson: -- ifI might -- Commissioner Gonzalez: You need to vote. Ms. Thompson: -- for your record -keeping purposes, would that be -- then be document Exhibit C that you're talking about -- Chair Sanchez: Yes. Commissioner Gonzalez: Exhibit C. Ms. Thompson: -- that has --? Chair Sanchez: For the record -- Commissioner Gonzalez: Exhibit C. Chair Sanchez: -- yes, C. She's got it. Vice Chair Spence -Jones: Yes. Chair Sanchez: It's Exhibit C. Okay. So do we want to go -- it's the wish of the Commission. Do you want to go through -- Commissioner Gonzalez: It's very simple. Chair Sanchez: -- the elements, or do you want to just add -- Commissioner Gonzalez: It's what the Planning -- Chair Sanchez: -- amendments? Commissioner Gonzalez: -- Advisory Board recommended. The Planning Department had some amendments to it, and then the Commissioners -- Chair Sanchez: Couldl -- Commissioner Gonzalez: -- are going to have amendments to that -- to those amendments, so -- but at least we start from a base. City of Miami Page 304 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Yeah. Chair Sanchez: Exactly. And the base is that we should go through the elements so that way we don't leave anything out. Commissioner Gonzalez: Exactly Chair Sanchez: And let's just address the ones that are here that were the ones that were not in agreement between the City and the PAB's recommendation. Those are the ones that we should address. So let's go ahead and start with LU-1.1.3, which is in your chart. You could look at it; you could go through it and then make some of the changes. So on that one, are there any -- Commissioner Gonzalez: Did we voted on the motion? Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: No. We haven't voted on the motion. Chair Sanchez: Well, we could vote on the motion -- Commissioner Gonzalez: I made a motion; there was a second. We haven't voted on the motion. We're jumping into the plan without approving my motion. Chair Sanchez: Okay. We could vote on the motion and then vote on separate amendments and we'll add the amendments? Commissioner Gonzalez: Exactly. Chair Sanchez: All right. There's a motion and a second as proffered. Any further discussion on the item? We'll deal with the amendment separately. All in favor, say "aye." Commissioner Sarnoff No. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Commissioner Sarnoff Nay. Chair Sanchez: It passes, 3/1 for the record. Commissioner Regalado is not present. All right. Let's go to the amendments. Let's go through the amendments. Any of the Commissioners wanting to make any of the amendments on this? If you want, we could go through the ones that have been proffered here for the record. It only -- not only does it benefit us, it also benefits the process to DCA. So LU-1.1.3. Are there any amendments to be proffered there? Vice Chair Spence -Jones: I just have a question for Legal -- just -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- Madam City -- Chair Sanchez: LU-1.1.3. Questions on that element. Vice Chair Spence -Jones: Madam City Attorney, I just wanted to make sure that the legal sufficiency of this has been fully vetted out of what's being proposed. I understand what PAB proposed andl understand what the staff has accepted. I just want to make sure it's been fully vetted. City of Miami Page 305 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Bru: I -- Vice Chair Spence -Jones: It's 1.1.3. Ms. Bru: Right. First of all, just for the record, since your motion was to approve the amendments -- the EAR -based amendments to the comp plan as recommended to you by the PAB Board and modified by your Planning -- Commissioner Gonzalez: By the Planning Advisory (UNINTELLIGIBLE). Ms. Bru: -- Department as to this first element that you're looking at, if you don't take action, then it stands as was recommended by the -- Chair Sanchez: All right. Ms. Bru: -- Planning Department. Now, to answer your question, Commissioner Spence -Jones, having looked at this, I think the critical language that we're looking here at is the language that has been highlighted in yellow, which means that the language that we're considering that the Planning Department did not agree with was language that says that do not diminish the amount of area encompassing the adjacent abutting residential neighborhood. In other words, this element would propose a land use that would provide for strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements, and then the Planning Department would just continue that with the language that -- that will be incorporated into the City's land development regulations. The idea that the Planning Advisory Board recommended that your department doesn't agree with that do not diminish amount of area encompassing the adjacent abutting residential neighborhoods, in my opinion, as your City Attorney, is not fluid enough for this document. This document is intended to be fluid That language would tie the hands of you and future Commissions from considering applications for change, which everyone who owns property has a right to do. So, in my opinion, I would -- I, legally, would recommend against it. Chair Sanchez: All right. That's LU-1.1.3. Any amendments to that? None. We move to the next. Commissioner Sarnoff. No, no, no. Let me make a motion. I like that. Chair Sanchez: Okay. Commissioner Sarnoff. I'm going to move to amend LU-1.1.3 with the Planning Advisory Board's recommendation. Chair Sanchez: Which is the language that does not diminish the amount -- Commissioner Sarnoff. Correct. Chair Sanchez: -- of area -- okay. Vice Chair Spence -Jones: So you want that in? Commissioner Sarnoff. That's correct. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. City of Miami Page 306 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Second. Chair Sanchez: Second. Okay. Regalado is not here. All right. There's a second. Commissioner, I tend to have a problem with that language. It's just too bold. I tend to agree with the recommendation from the Planning Department. Vice Chair Spence -Jones: Can I --? Mr. Chairman, if you -- Chair Sanchez: Yeah. Vice Chair Spence -Jones: -- can -- Ana, if you can just, you know, make sure that we're all on the same page. Your concern with this from -- andl know we can't talk to PAB -- we can speak to our chair. Ms. Gelabert-Sanchez: The concern with this new language (UNINTET,TIGIBT,F) you have seen it many times. There are applications that come to you that allow you the flexibility, when someone asks for a rezoning of an area that might be residential. In many occasions, you will hear the Planning Department say denial because we do not have the authority to look at a covenant (UNINTELLIGIBLE) a project. You're the only ones that can approve a covenant. In many instances, the projects that come in front of you are actually -- are projects that are good, that create that transition, and they're good for the neighborhoods. It allows you the flexibility to decide and for us to be able to review them and bring them to you. Vice Chair Spence -Jones: So this -- Ms. Gelabert-Sanchez: Like -- Vice Chair Spence -Jones: -- will allow us -- I just want to be clear -- this will allow the Commission or the district Commissioners in the area to have the flexibility -- Chair Sanchez: No. Commissioner Gonzalez: Yes. Ms. Gelabert-Sanchez: Yes. Vice Chair Spence -Jones: I'm hearing yes and no. Commissioner Gonzalez: No, no, no. Ms. Gelabert-Sanchez: What it does is there's a zoning -- the process is the following: Someone may ask for a zoning change. The Planning Department does not have the ability to look at a project. We have to say yes or no. It comes in front of the PAB and comes in front of the Zoning Board. It comes in front of you. The flexibility -- what we can do -- what we've been doing is we do design review of projects, and there are projects that, because we cannot accept a covenant, which is the promise of -- that the project is what's going to get built, we say no, but it does go through design review, so we actually create the buffering and the transition that we think that is beneficial. Vice Chair Spence -Jones: Can I --? Ms. Gelabert-Sanchez: That flexibility is yours. It's the Commission to decide. Vice Chair Spence -Jones: Okay. Ana -- and then I'm going to close out on it -- in your opinion, City of Miami Page 307 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 when you were at the PAB meeting and this recommendation came what they're giving now, what was their -- what was the feeling around them wanting to put this in? Why were they adamant about adding this? Ms. Gelabert-Sanchez: Many of these comments came -- the PAB voted on them, but many of these comments also came from the community input, so this one, it was the desire of the people andl guess the concern for protection of neighborhoods. What we're saying is that we still are trying to protect the neighborhoods. That's what we're doing, but that language is, as the City Attorney said, too restrictive and it's taking from you the flexibility to look at a project one on one. There're many that you may say yes or no with this -- Vice Chair Spence -Jones: I think -- Ms. Gelabert-Sanchez: Yes. Vice Chair Spence -Jones: -- I want to withdraw my second then only because I do not want to be in a position that I cannot make a determination as -- or either the following Commissioner that has to follow me. Commissioner Gonzalez: Or the following Commissioner. Vice Chair Spence -Jones: Right -- that, you know, if there's clear -- Commissioner Gonzalez: Because we're not going to -- Vice Chair Spence -Jones: -- development -- Commissioner Gonzalez: -- be here forever. Vice Chair Spence -Jones: -- projects and stuff that we want to have happen in neighborhoods, I think that the Board should decide and the community at that particular time should decide what they want to see happen there. If you're telling me, based upon what the recommendation is, that that control is not -- no longer there anymore -- is that what you're saying? Ms. Gelabert-Sanchez: But what I'm saying to you is if this language goes in, you will not have the flexibility to see in front of you a project and make the decision on the merits of the project. Vice Chair Spence -Jones: Oh, no. Chair Sanchez: All right. Vice Chair Spence -Jones: I want to withdraw it. Let me withdraw that. Chair Sanchez: Listen, there is no second. Is there a second? Hearing no second, the motion dies. Let's do something. I mean, we've -- we already approved the EAR, okay. Let's just -- if any other Commissioner has any objections or want to proffer any of the amendments -- I mean, you've had plenty of time to go through the amendments -- let's go ahead and just proffer them now. Commissioner Sarnoff. Commissioner Sarnoff. I'd like to change LU-1.1. 5, which is page 2 of 14 in our May 8, 2008 -- Chair Sanchez: Wait, wait. Which is that one? Commissioner Sarnoff. Number 2, page 2 of the May 8, 2008 Planning Advisory's recommendations, goals, and objectives. City of Miami Page 308 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Okay. Commissioner Sarnoff. And you'll -- Commissioner Gonzalez: Which one is that, 1.5.3? Commissioner Sarnoff. 1.1.5, so it's page 2 of this. Commissioner Gonzalez: 1.1.5. I don't see that in my book. Vice Chair Spence -Jones: It's not in the book. Chair Sanchez: 1.1.5. Commissioner Gonzalez: Oh, it's not in the book. It's in the other side. All right. Chair Sanchez: Where is that at? Vice Chair Spence -Jones: It's in the main book. Chair Sanchez: Okay. And what is the amendment that you want to proffer, Commissioner Sarnoff? Commissioner Sarnoff. Including but not limited to improving measurability of objectives. Chair Sanchez: Okay. Vice Chair Spence -Jones: What page is it? Chair Sanchez: Hold on. Let's find it here. Commissioner Sarnoff. Am I the only one that has this? Commissioner Gonzalez: 1.5? Commissioner Sarnoff. 1.1.5. Commissioner Gonzalez: I'm sorry, 1.1 -- Chair Sanchez: I don't have it. Where'd you come up with that one? Ms. Bru: Commissioner, did we deviate from Exhibit C now? Chair Sanchez: Yeah. Vice Chair Spence -Jones: Yes. Ms. Bru: You know -- Chair Sanchez: He has. Ms. Bru: -- I would recommend that you stick with Exhibit C, and quite frankly, this is what I would propose to you. Since there's already a motion that was second and it's subject to discussion at this point which adopted the -- City of Miami Page 309 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: EAR. Ms. Bru: -- EAR -based comp plan amendments with the modifications that the Planning Department made, the only thing that you should be looking at is going through Exhibit C, and if you disagree with the modifications that the Planning Department recommended, then let's discuss those and let's deal with those. Commissioner Regalado: But it wasn't the Planning Department. He wanted the Planning Advisory Board. Ms. Bru: No. He moved the Planning Department's modifications. Commissioner Sarnoff. He did. Ms. Bru: So you have an exhibit, and if you disagree with the Planning Department's modifications, then take those up. Otherwise, it has been -- Commissioner Sarnoff. Right. Ms. Bru: -- moved and seconded. Commissioner Sarnoff. And that's all I'm doing. Ms. Bru: But -- Commissioner Sarnoff. I'm literally going through this -- Ms. Bru: -- where in the document you're referring to? Vice Chair Spence -Jones: You said -- you're saying 1.5.3, right? Ms. Bru: I'm sorry, Commissioner. Page 13? Unidentified Speaker: Page 13. Ms. Bru: Okay. I'm sorry, but nobody here knew what you were talking about. Commissioner Regalado: Mr. Chairman, ifI may ask a question to the Clerk. Chair Sanchez: Hold on, Commissioner. Let's -- All right. Listen, we need to stay on these documents here. This is not -- apparently, we're looking at different documents, Commissioner. I don't know -- Commissioner Gonzalez: Yeah. Chair Sanchez: This is really the document we should be looking at. This is the -- Commissioner Sarnoff. Commissioner Gonzalez: Can I have one copy too, so I can -- so we can all --? Chair Sanchez: All right. Commissioner Gonzalez: All right. City of Miami Page 310 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Well, let's do something. Let's allow Commissioner Sarnoff to go through -- Commissioner Gonzalez, do you have any amendments that you want to proffer to the EAR? Commissioner Gonzalez: No. Chair Sanchez: You don't? Commissioner Gonzalez: As I -- as adopted. Chair Sanchez: As adopted. You're the maker of the motion. It's already been adopted -- Commissioner Gonzalez: Right. Chair Sanchez: -- as adopted. Commissioner -- Vice Chair Spence -Jones, you have some amendments you want to proffer? Vice Chair Spence -Jones: Yes, I do. Chair Sanchez: You need some time to get them ready? Vice Chair Spence -Jones: Well, I mean, from Exhibit C or from -- Chair Sanchez: Exhibit -- Vice Chair Spence -Jones: -- both of them? Chair Sanchez: Exhibit C. Ms. Bru: Just -- right now we're looking at Exhibit C. Chair Sanchez: Exhibit C. Ms. Bru: There is a separate Exhibit B that deals with the port. Chair Sanchez: And we'll deal with that. Ms. Bru: That's not under discussion right now. Chair Sanchez: I -- listen, I clearly -- Ms. Bru: Okay. Chair Sanchez: -- separated them. We're looking at the neighborhood element, and then we're going to look at the port element. Ms. Bru: Okay. Chair Sanchez: Commissioner Regalado, do you have any amendments? Vice Chair Spence -Jones: He has -- I do have an -- I want to get -- I was going to give -- Commissioner Regalado: I just have a question, Mr. Chairman -- Chair Sanchez: Okay. He's got a question. Commissioner Regalado: -- because -- City of Miami Page 311 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Hold on. Commissioner Regalado: -- I -- question for somebody because I had to make a family telephone call. I had to go out, not to use the cell here. But my understanding was that the motion was to adopt the Planning Advisory Board. That's what I heard when I left. Commissioner Gonzalez: Commissioner Regalado, my motion was to adopt the Planning Advisory Board recommendation with the Planning Department amendments, and then I stated that after that vote, we could also amend the Planning Department amendments; you know, the ones that we agree with, we leave them; the ones that we don't want, we change them. Chair Sanchez: We should only be focused on the ones that we don't agree. Commissioner Gonzalez: But what I'm trying to do is approve the base of the document, and then, you know, if there is some amendments of the Planning Department that we don't agree with, we'll change them. Chair Sanchez: All right. So for the sake of -- Commissioner Gonzalez: And it was voted what, 3/2, right? Chair Sanchez: Three to one. Commissioner Gonzalez: Three to one. Chair Sanchez: Okay. For the sake of clarity here, let's go ahead and do something. Let's go ahead and just focus on category C -- Exhibit C -- category C, and then we'll -- Exhibit C -- take the ones that are not in the exhibit, if you -- anybody wants to proffer any of them. All right. Vice -- Commissioner Regalado: Question for the attorney. Can I --? I was absent because an emergency. Can I add a vote to what they vote? Ms. Bru: The vote was already taken properly. Commissioner Regalado: Okay. Chair Sanchez: All right. Vice Chair Spence -Jones. Vice Chair Spence -Jones: Okay. I know you're saying C. Chair Sanchez: C. We're going to address C, and then we'll deal with the other ones. On C, do you have any of the elements on C that you would like to proffer an amendment -- Commissioner Gonzalez: On C. Chair Sanchez: -- which will be voted on? Commissioner Gonzalez: C. Chair Sanchez: Exhibit C. Vice Chair Spence -Jones: Yeah. I mean, the only ones I had on -- City of Miami Page 312 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Gonzalez: Okay. You're looking at a different paper than -- Chair Sanchez: No, no, no. Commissioner Gonzalez: -- I have, right? Vice Chair Spence -Jones: No. I'm looking at the right one, but I did have one on LU-1. Chair Sanchez: LU-1. What did you have on LU-1 ? Vice Chair Spence -Jones: It's just a small change, and this was one that actually came from the MNUfolks that I'd like to -- Chair Sanchez: LU-1 on what? Vice Chair Spence -Jones: Goal LU-1, which is the future land use -- the first one. Chair Sanchez: Okay. Vice Chair Spence -Jones: It's just a simple change. Ms. Thompson: What page? Chair Sanchez: LU-1.1, page 2 of 13. Ms. Bru: But Chairman and Commissioner, please, ifI could implore, let's just finish up with Exhibit C. If there's any Commissioner who disagrees with any of the recommendations that were made by the Planning Department in Exhibit C, speak now please or forever hold your peace. Chair Sanchez: I don't have -- Commissioner Sarnoff. All right. Chair Sanchez: -- a problem with that exhibit. Commissioner Sarnoff. Andl do. Chair Sanchez: Okay. Commissioner -- Commissioner Sarnoff. Andl have it on the -- Chair Sanchez: -- Sarnoff -- Commissioner Sarnoff. -- notice provisions. Chair Sanchez: -- you're recognized. Commissioner Sarnoff. The notice provisions can be found on page 3 of 13, and the Zoning -- your Planning Department has deleted all applicable notice provisions that were recommended by the PAB. Commissioner Gonzalez: All right. In order to amend the notice ordinance, what I would like to do -- City of Miami Page 313 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Zoning Ordinance. Commissioner Gonzalez: -- because that's part of the Zoning Ordinance -- I would like to instruct the Manager to come back at the next City Commission -- Chair Sanchez: Sixty days. Commissioner Gonzalez: -- with -- Chair Sanchez: Can you make an amendment to 60 days? Commissioner Gonzalez: -- an amendment ordinance improving or providing the amount of notices and the time on notices that has been requested by MNU and by the Commission. Chair Sanchez: All right. There's a motion -- Commissioner Gonzalez: That is my motion. Vice Chair Spence -Jones: Second. Commissioner Gonzalez: I don't know if you want to second. Chair Sanchez: There is a motion directing the City Administration to bring back in -- Commissioner Regalado: But -- Chair Sanchez: -- 60 days, as amended, and amending the ordinance in the Zoning Ordinance. In other words, amending the Zoning Ordinance; in 60 days, to bring it back to the Commission. Commissioner Sarnoff. Mr. -- can I just --? Chair Sanchez: There's a motion by the -- Commissioner Gonzalez, second by -- Ms. Thompson: The Vice Chair. Chair Sanchez: Did somebody want to second? Vice Chair Spence -Jones: Spence -Jones. Ms. Thompson: The Vice Chair did. Chair Sanchez: Oh, second by Vice Chair Spence -Jones. Vice Chair Spence -Jones: I just -- Chair Sanchez: Discussion on the item. Vice Chair Spence -Jones: -- have one question on the item, if you don't mind, and this is the -- Commissioner Sarnoff, we're talking about the 15 days. I think that the -- the concern I'm sure that all of us feel -- but I know that especially came from my district is this 15-day period. I do totally agree andl understand in my briefings a lot of the time -- Commissioner Sarnoff. There's no notice provision. If you're looking -- if I'm looking at the correct document -- and forgive me for not being in class -- City of Miami Page 314 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: So we might be looking at different documents. Commissioner Sarnoff -- yesterday -- this document demonstrates no notice. This is our constitution, and in our constitution, you're providing no notice requirements. By suggesting you should pass a law that gives you notice, that's fine; but remember, the Commission that sits in your seat right after you with a -- with two other people joining him can do away with notice. At least this way, even seven years, it gets looked at. And if this Commission doesn't think notice is important, let's see, the Viscayans versus the City ofMiami. Let me tell you what the court had to say. Notices are mandated to protect interested persons who are thus given the opportunity to learn of proposed ordinances, given the time to study the proposals for any negative or positive effects that may be if enacted, and given notice so that they can attend the hearings and speak out to inform the City Commissioners prior to the ordinance enactment. Commissioner Gonzalez: Let the record be clear that I don't have any opposition to what you want to do. Vice Chair Spence -Jones: You don't have any opposition on that. Commissioner Gonzalez: So, you know, I thought -- Commissioner Sarnoff But you -- Vice Chair Spence -Jones: I think that we're just looking at two or three different documents, honestly, if you want to know the truth. I think we will -- I thought you was talking more about the timeframe. I have a serious concern with 15 days. I think that it needs to be longer than 15 days. So, obviously, I was looking -- or reading it the wrong way, but totally agree with you -- Commissioner Sarnoff Wait, wait, wait. Vice Chair Spence -Jones: -- that the community or neighborhood associations or neighborhood groups, this should be a part of the comp plan. I don't have a problem with that. Commissioner Gonzalez: All right. Commissioner Sarnoff Right, but according to what I'm reading -- am I wrong on this -- Ms. Gelabert-Sanchez: Couldl -- Commissioner Sarnoff -- Mr. --? Ms. Gelabert-Sanchez: -- clam? Commissioner Sarnoff I'm wrong on this? Ms. Bru: I'm sorry, Commissioner. Commissioner Sarnoff 'Cause I may need to go back for remedial class. Ms. Bru: Commissioner, I think what the recommendation is of the Planning Department is that provisions dealing with notice -- Commissioner Sarnoff Right, don't belong -- Ms. Bru: -- timeframes -- City ofMiami Page 315 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Sarnoff. -- in the comp plan. Ms. Bru: -- entitlement to notice and all that should be in the Zoning -- in our Code of ordinances, where we can look at them specifically and deal with them so that we cover all the instances in which someone may be entitled to notice. I -- we don't disagree. Everyone should get notice, absolutely. It's just we -- the disagreement is -- Commissioner Sarnoff. You know, Julie, when they went to pass the United States Constitution, do you know they couldn't do it until they put something called the Bill of Rights in there? Commissioner Regalado: Yeah. Commissioner Sarnoff. And you know what was contained in the Bill of Rights? Due process. And do you know what a remedy is without a right? It's worthless. If our constitution, which is our comp plan, does not afford anybody in this audience to come out here for whatever reason they choose and present themselves to a democratic Commission -- Ms. Bru: But -- Commissioner Sarnoff. -- and they may lose and they may win, but until and unless they get notice, they have no opportunity whatsoever -- Vice Chair Spence -Jones: Okay. Commissioner Sarnoff -- Commissioner Gonzalez: Listen -- Vice Chair Spence -Jones: -- I think that what you're proposing and I think -- Commissioner Gonzalez: -- I'll withdraw -- Vice Chair Spence -Jones: -- we all agree. Commissioner Gonzalez: -- my motion. I don't -- Commissioner Regalado: Can I --? Commissioner Gonzalez: -- you know, I'm in total support of notice, but under -- I'm not an attorney, as you are, andl thought that it should be included as an ordinance on the Zoning Code, so -- Commissioner Sarnoff. I think it should be there too, Commissioner. Commissioner Gonzalez: -- but if you want to do it in this document -- hey, listen, you know -- Chair Sanchez: Commissioner Regalado. Commissioner Gonzalez: -- let it be. Commissioner Regalado: Thank you, Mr. Chairman. Can I just say something? I think that Commissioner Gonzalez did the right thing by withdrawing his motion, andl think that notices is one of the issues that had been going around and around and around all this month and years since 2005. I think that notices are one of the most important issues for the residents, which, by the way, have the burden of paying a lot of money to appeal and follow everything that the Administration does in order to appeal and be here. While we all get pay, they come here as a volunteer group of person looking for their time in -- their five minutes in the court of the City. City of Miami Page 316 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 The Constitution of the United States, as Commissioner Sarnoff said was a -- had the Bill of Rights and the amendments. And one of the amendments says you have to -- the right to carry arms and being part of a militia, but then the states and the cities and the county, they do a law, which says you can have a weapon if you have a permit; you cannot have a weapon if you are a former felon or whatever. What we're trying to do here is insert in the constitution for the growth of the city the notice. You may say it doesn't belong here. You may say it is better in the ordinance, but the right message for the people ofMiami is to tell them that we are doing a constitution, something that cannot be violated or changed, at least for several years, in order for them to have their say, their input, their only two minutes of glory in front of the City Commission. So I really admire Commissioner Gonzalez for withdrawing his motion. I will make a motion -- Vice Chair Spence -Jones: Second. Commissioner Regalado: -- to include in the comp plan the notice, with all the requirements that had been expressed in this dais for the people ofMiami. Ms. Gelabert-Sanchez: Couldl add something? Vice Chair Spence -Jones: I just want to add to -- Chair Sanchez: Hold on. Vice Chair Spence -Jones: I second already. Chair Sanchez: Vice Chair Spence -Jones, for the record, you second the motion? Vice Chair Spence -Jones: Yes, I did, sir. Chair Sanchez: Okay. You have the floor, then we'll turn it to the City Attorney, City Manager, and Planning, andl should be backfrom the bathroom by then. Vice Chair Spence -Jones: Thank you for giving us all that information. The only thing that I would want to add, I still want to instruct the City Manager -- 'cause I totally agree with us having this information in the comp plan, so that's clear. I want to instruct, though, the Zoning - - in the -- for the Zoning Code, when you guys come back with your recommendations on that, I definitely want us to look at a longer time period than 15 days, andl know we went back and forth saying the 15 days sometimes slows down projects, but I think that it's more important to make sure that the neighbors and the residents and the people in the community have the opportunity -- a lot of times some particular areas have four or five projects going on at the same time, and they don't have the time to do all of them at one time, so I would really wish that you guys would come back with a longer time period, either 20 days -- I said 30 in our meeting, but I would be reasonable on it. If we can look at more than 15 days, I would greatly appreciate that. Mr. Hernandez: Commissioner, we don't have an issue with that, and as we bring the Zoning Code modifications, we'll take care of that. Commissioner Sarnoff. Would the maker of the motion --? Mr. Hernandez: The City Code; I stand corrected. Now what is important to note that reference public notice, it is included in LU-1. The protection of public notice is already in LU-1. Ms. Gelabert-Sanchez: Yes. And ifI could read it because that was a recommendation of the Planning Advisory Board, and it's still here, and ifI may, it says, last line, and that would be on City ofMiami Page 317 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 the Comprehensive Plan on the EAR -based amendments, not on Exhibit C, but if you go to page one, it does say -- the last line, it says, protects the integrity and quality of the City's existing neighborhoods by ensuring public notice, input, and appellant rights regarding changes in existing zoning regulations. So that is in the Comprehensive Plan. What our objection was on the other one, as it was presented that the detail, I'm sorry, of the 15 days and the notice, the way it's stated, what we were suggesting that if it goes into the Zoning Code -- I understand and we had that discussion the other day. There are certain things we have in the Zoning Code; there're certain things that other community groups have requested that it might be formalized, as you -- Commissioner Sarnoff, asked me the other day; said policy or is it on the Zoning Ordinance, and we were saying is we can come back to you, made all those changes, so what has been policy, we'll just put it in black and white in the Zoning Ordinance. As Commissioner Spence -Jones is saying, increase the 15 days to 20 or 30. We can bring to you a draft, and then you vote, if that's what you -- so what we're suggesting is allow us to put that type of detail on the Zoning Ordinance, but I just want to assure because I did not want to go unsaid that we do not have any notices. It's LU-1, and this was a recommendation voted on by the PAB, and it's here. Vice Chair Spence -Jones: Okay. So, Ana, only thing that I think that Commissioner Sarnoff is asking, even though it's already stated in LU-1, that we feel that it's important for it also to be stated there again. And then on the zoning -- from the Zoning Code standpoint, you just bring back the recommendation with a higher time -- I mean, a longer time period than 15 days, andl think that that will close out on that issue. But since we are on LU-1 -- and I'm going to pass it back to the Chair, since you brought that up as an issue, I would like to at least be able to add my recommendation on it. This is coming from, actually, Barbara Bisno with the MNU, and it's a very small change, and it comes on that same line that you just mentioned. And basically, where it talks about -- regarding changes in existing zoning regulations, the only thing we want to add now is in existing zoning and land -use regulations. That's the only change that they would like to see happen. Chair Sanchez: Hold on just a minute. Madam Clerk, do we have already a motion on the floor? Ms. Thompson: Yes. Chair Sanchez: We do have a motion on the floor? Ms. Thompson: Yes, we do. Chair Sanchez: And that motion was made by Commissioner Sarnoff and second by Commissioner -- Ms. Thompson: No, no, no, no. Chair Sanchez: -- Regalado. Ms. Thompson: No. Vice Chair Spence -Jones: No. Ms. Thompson: It was made by Commissioner Regalado -- Vice Chair Spence -Jones: Second by me. Ms. Thompson: -- and seconded by Commissioner -- Vice Chair Spence -Jones. Chair Sanchez: Okay. And that is -- isn't it -- it's to add the -- City of Miami Page 318 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: It's just to -- Chair Sanchez: -- language of notice. Okay. Vice Chair Spence -Jones: And not the -- Ms. Thompson: In the comp plan. Vice Chair Spence -Jones: -- time period. The time period will go in the Zoning Code. Commissioner Regalado: LU-1.5.3. Vice Chair Spence -Jones: Right. And the -- Commissioner Sarnoff. Can I just --? Just speaking on this, I know you want to go back to LU-1. Vice Chair Spence -Jones: I just want to make sure my thing gets in there. Chair Sanchez: Hey, wait, wait, wait. But let's just address one issue at a time here. Let's -- Commissioner Sarnoff. Mr. Chair. Chair Sanchez: All right. We -- that motion has not been voted on. Commissioner Sarnoff. Right. Chair Sanchez: Okay, so let's address that motion, and then I believe Commissioner -- Vice Chair wants to -- Commissioner Sarnoff. LU-1. Chair Sanchez: -- address another issue. You're recognized for the record. Commissioner Sarnoff. Would the maker of the motion accept this qualiing language: It shall be the policy of the City ofMiami that notice of application for special permits or other such administrative land use or zoning permits provided for in the future zoning and land use regulations shall be provided to any NET (Neighborhood Enhancement Team) -registered homeowners and neighborhood associations 15 days prior to the issuance of the special permit, or such other administrative land use or zoning permits provided for in future zoning and land use regulations; and promptly thereafter, issuance of the decision with an explanation of appeal procedures allowing sufficient time for such appeals? Commissioner Regalado: Yes. I would accept it. Chair Sanchez: Okay, so the amendment has been amended. Vice Chair Spence -Jones: I have a problem with these 15 days. Chair Sanchez: Okay. Vice Chair Spence -Jones: I mean, I just don't think that gives -- I mean -- Chair Sanchez: No, no. I mean, listen, if you -- City ofMiami Page 319 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Fifteen days is not enough time. Chair Sanchez: Well, then you could proffer an amendment and see if the maker of the motion accepts your amendment. Vice Chair Spence -Jones: How many makers of the motions are we going to have? Ms. Thompson: You have one. Chair Sanchez: You have -- Commissioner Sarnoff. Then make -- it's fine. You -- I don't mind. Commissioner Regalado: No. I don't mind. Commissioner Sarnoff. Come up with a number. Commissioner Regalado: I don't mind. I did the motion. I don't mind if you want to change -- Chair Sanchez: How many days? Commissioner Regalado: -- the days. Chair Sanchez: Do you want 20 days? You want -- Commissioner Regalado: You want 20 days, 30 days? Chair Sanchez: -- 30 days? You want six months? Vice Chair Spence -Jones: Don't be funny. At least give us 30 days. Is that --? Commissioner Regalado: I accept the -- Chair Sanchez: Thirty days. Commissioner Regalado: -- amendment. Chair Sanchez: All right. Mr. Hernandez: Mr. Chairman, there is another concern. We weren't concerned with the days; we're fine. The concern is different. Ana. Ms. Gelabert-Sanchez: I think the concern is, again, the Planning Department's position is, as I read to you on LU-1, we have notice about the intention and the policy to notice. The concern is, I believe, the amount of details should belong in the Zoning Ordinance. That is the recommendation. Ms. Bru: Can I speak to that, too? Commissioner Regalado: Well, you can go back and amend the Zoning Ordinance later -- Ms. Gelabert-Sanchez: And -- Commissioner Regalado: -- but this will go as a policy, the will of the City ofMiami, to give City ofMiami Page 320 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 notice and details the notice. What is wrong with not --? Ms. Gelabert-Sanchez: Commissioner, we're not saying that is -- Commissioner Regalado: Then what is -- Ms. Gelabert-Sanchez: -- it's the amount of days. Commissioner Regalado: -- then you don't have any objection to this. Vice Chair Spence -Jones: Okay, so we -- the item passed. Do we need to take a vote on this? Commissioner Regalado: Yes. Chair Sanchez: No. We haven't voted on the issue yet. I think the legal -- Madam Attorney -- Vice Chair Spence -Jones: Legal. Chair Sanchez: -- you want to address the issue? Ms. Bru: Yeah. Mr. Chairman, I just want to -- for clarification, the issue of the goal, the policy, the general principle that the City Commission, the City ofMiami, and that we believe that everyone is entitled to notice, notice that is meaningful, like Commissioner Sarnoff explained, that is now being proposed as an amendment to your comp plan. Commissioner Regalado: Yes. Ms. Bru: It is in LU-1. Commissioner Regalado: Yes. Ms. Bru: It's not in Exhibit C. It is being proposed already. This will be a guiding principle that will be -- Commissioner Regalado: Yes. Ms. Bru: -- in what you're calling your constitution, and it dictates that then you adopt -- Commissioner Regalado: Yes. Ms. Bru: -- provisions in your ordinances that will implement that strongly -worded mandate that you will have meaningful notice. Commissioner Regalado: Yes. Ms. Bru: Now our objection is to micromanaging and dictating days and who's going to give the notice. For example, just to reference NET in a comp plan -- NET may be here today, but not here tomorrow -- Vice Chair Spence -Jones: That's true. Ms. Bru: -- and now you're going to elevate, you know, the procedure, the fine-tuning of notice to something that would require a comp plan amendment to change. We have a pervasive notice scheme in our Code, not in the Zoning Ordinance, in our Code of Ordinances. Now does it need improvement? Absolutely. It needs improvement. I think the proper thing is to strongly City ofMiami Page 321 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 mandate to the Administration to bring back all the micromanagement, all the procedural fine-tuning of notice to make it meaningful at the next Commission meeting or one as soon as possible, but it is in your -- it will now be an amendment to your comp plan. Commissioner Sarnoff. Madam City Attorney -- Ms. Bru: It's already there in land -- in LU-1. It is being proposed as an amendment, not in Exhibit C. Vice Chair Spence -Jones: I do have a concern with the fact that it does have NET in it because, you know, with all these budget cuts -- not just NET, but any department being actually named like that. You know, NET is -- Commissioner Sarnoff. Well, you're about to panic David Rosemond, so -- Vice Chair Spence -Jones: Don't panic, David. No, don't panic. But I'm just saying, just relying on a particular department when you don't really know. Commissioner Sarnoff. But it doesn't say NET. It says NET -registered homeowners and neighborhood associations, so it's just defining who registers. Vice Chair Spence -Jones: Or you just say registered homeowners then -- Commissioner Sarnoff. Right. Vice Chair Spence -Jones: -- not -- just -- so you're removing NET out of it, just in -- are you removing NET out of it? Commissioner Sarnoff. No. It's describing -- see, where else do they register but at NET? That's the only place that we -- that the City even knows that they exist really. Chair Sanchez: Okay. Come on, folks. We got to move on. Commissioner Gonzalez: All right. Chair Sanchez: All right. Anything you want to add before we take a vote on this? Ms. Sanchez: I just want clarification. What the -- Commissioner Sarnoff proposed was 15 days notice prior to the issue -- Commissioner Regalado: No, no, no, no, 30 days. Vice Chair Spence -Jones: Thirty. Commissioner Regalado: Thirty days. Ms. Sanchez: IfI may -- Commissioner Regalado: She -- Commissioner Sarnoff. Yeah, but she's asking a different question. Commissioner Regalado: -- I made the motion; she amended, 30 days. Ms. Sanchez: It's not the number of days. City of Miami Page 322 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Sarnoff. I got you. Ms. Sanchez: I'm looking at prior noti -- Commissioner Sarnoff. Fifteen -- so it'll be 30 days prior to issuance of the special permit. Ms. Sanchez: All right. So, just to understand -- Commissioner Sarnoff. Prior to issuance. Ms. Sanchez: -- prior to the issuance of the special permit. Ms. Bru: How do you know when it's going to be issued 30 days --? I mean, it's just -- it's a little -- Commissioner Sarnoff. Only the City would know, and now the homeowners will know. Commissioner Regalado: Right. Ms. Gelabert-Sanchez: I guess the clarification -- and it's just to clam. The issuance of a special permit -- so just for us to understand. So the intent is, you come in and you ask -- you request an application, and before I tell you -- issue it to you, the property owner, I have to not, a month before, the neighborhood associations that you got the permit. I believe that's the way we're reading it, and that's the concern we have. Right now the process that you've asked us to do -- and we're talking now about Class Hs, the other ones are the public hearing. The application comes in; we have to in turn -- the applicant has to not. We have the -- that there's going to be a Class IL It goes out to the neighbors. You ask us, which is, again, like you said the other day, it's not in black and white yet. It's the policy that we are suggesting to put it in black and white that says when there's a final decision, which is the neighbor's concern, we have -- we want to know. What we're doing is, when the final decision is done, simultaneously, as we're notifying the property owner, we notify the NET. The NET office, in turn, sends out to all the homeowner associations in their NET area that the final decision has been given, and then they have 15 days. What we're suggesting is that type of process that this Commission asks us to do, when there were issues raised of the Class II and neighbors knowing the final, that we actually bring it to you as an amendment in the Zoning Ordinance; increase from 15 -- Ms. Bru: Ana, it's in the City Code. Ms. Gelabert-Sanchez: -- the City Code; come back to you and increase it from 15 to 30 days so the neighbors will have more time to appeal, which I believe is their concern, and let us -- allow us to put the process -- the way it's written right now, it's -- we would have to notify the associations before we notnj, the property owner, 30 days in advance, so it's the technicality. I understand the issue is the neighbors want to know ahead of time to be able to appeal the permit in case they do not agree. We can increase the 30 days in the City Code, in the Zoning Code. Let's -- allow us to do that. The language -- if it's more generic, like LU-1, which it actually says -- it includes we have to have input; we have to have notice; we have to have appellate rights. All that language is new. We're putting it back in. Vice Chair Spence -Jones: I think that the -- Ms. Gelabert-Sanchez: That is the concern we're having -- Vice Chair Spence -Jones: -- I think what's happening -- City of Miami Page 323 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Gelabert-Sanchez: -- the Administration. Vice Chair Spence -Jones: -- Ana, I think it's just to vague. Andl understand that part of the comp plan is supposed to be open so that at least you'll have the flexibility, but I think that there's an issue from -- not just from me, but I'm sure all of the Commissioners, where residents really feel as though that process has not been working. So, really, what people are trying to really say now -- and I don't think we should keep beating a dead horse on this -- is that people want to see it go beyond the Zoning Code situation, okay? So I think the focus is to keep it in our so-called constitution so that we know for sure the residents actually got the notice in enough time to at least be able to react to it. I think that that's what you're hearing now. I mean, you're going to keep talking, butl don't think anybody's going to change their mind, so I'm just trying to at least make sure you know. Chair Sanchez: Okay. Vice Chair Spence -Jones: Can I get my LU -- are we finished? Did we vote on this item? Chair Sanchez: No, we have not voted on this item. We're prepared -- Commissioner Regalado: Please call the question. Chair Sanchez: Okay. The question has been called. Once again, Madam Clerk, could you pull -- could you put on the record what we're voting on 'cause it's been amended so many times? Ms. Thompson: You're actually voting on page 3, Exhibit C, item number 5, LU-1. 5.3, with an additional amendment -- Commissioner Regalado: Correct. Ms. Thompson: -- made by Commissioner Sarnoff that stated -- Commissioner Regalado: I accepted. Ms. Thompson: Right -- certain things -- Commissioner Regalado: And my amendment. Ms. Thompson: -- and then Commissioner Spence -Jones amended it to 30 days. Commissioner Regalado: Right. Ms. Thompson: Okay -- Chair Sanchez: Right. Ms. Thompson: -- so we're actually on LU-1.5.3, the notice requirement. Chair Sanchez: And what was Commissioner Sarnoff motion? Ms. Thompson: Commissioner Sarnoff, if -- and please -- Commissioner Regalado: No, it wasn't a motion. It was an amendment that I accepted. Ms. Thompson: No. He just amended. It said -- City of Miami Page 324 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Okay, the amendment. Just -- Ms. Thompson: -- it shall be the policy of the City that notice of application for special permits or other such administrative land use or zoning permits provided for in future zoning and loan [sic] use regulations shall be provided to any NET -registered homeowners and neighborhood associations -- in this case now, it's 30 days prior to issuance of the special permit or other such administrative land use or zoning permits provided for in future zoning and land use regulations, and promptly after issuance of the decision, with explanation of appeal procedures, allowing sufficient time for such appeals. Correct -- Chair Sanchez: All right. Ms. Thompson: -- Commissioners? Chair Sanchez: And -- Commissioner Sarnoff. That's correct. Chair Sanchez: -- the only thing that was changed was that and from 15 to 30 days. Ms. Thompson: That's correct. Chair Sanchez: All right. Roll call. Ms. Thompson: All right, roll call. Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes, but with a strong communication to the NET office that we have no future plans of not having you here, David Rosemond, okay? So that's a yes, okay. Ms. Thompson: And then Chair Sanchez? Chair Sanchez: That was one of the amendments that was going to proffer today. Yes. Ms. Thompson: Thank you. That -- then that amendment has been passed, 5/0. Chair Sanchez: Okay. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right, moving along. Vice Chair Spence -Jones: So can I do my LU-1 now? Chair Sanchez: As long -- let's not confuse apples with pears. Let's go ahead and just continue City of Miami Page 325 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 with the neighborhood. Vice Chair Spence -Jones: Okay. So I've already proffered it on the record already. Do I need to --? Chair Sanchez: Which was? Vice Chair Spence -Jones: Which is basic -- Ms. Bru: Okay. Excuse me again because I want to keep this in order. Are we finished with Exhibit C? Can we -- Commissioner Sarnoff. No. Ms. Bru: -- now --? Chair Sanchez: No. Ms. Bru: We're not. Commissioner Sarnoff. No. Chair Sanchez: No. Ms. Bru: Okay. So where is it in Exhibit C that we're dealing with now, Commissioner? Chair Sanchez: Vice Chair -- Commissioner Sarnoff. She's going -- Chair Sanchez: -- which is --? Commissioner Sarnoff. -- she wants to go to LU-1. Ms. Bru: Is that --? Commissioner Sarnoff. Do you want to finish that -- do you --? Vice Chair Spence -Jones: I'm going to stay in order. The City Attorney is telling me to please stay in order. Ms. Bru: Yeah. It -- Vice Chair Spence -Jones: I'm trying, Barbara. Commissioner Sarnoff. Very politely, she is. Vice Chair Spence -Jones: Right. Chair Sanchez: All right. Ms. Bru: Just -- Chair Sanchez: LU-1, which element? Come on, let's go. City of Miami Page 326 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Oh, I can put it in? Chair Sanchez: Yeah. Vice Chair Spence -Jones: Okay. Basically, I just wanted to add, regarding changes -- it's LU-1 -- in existing zoning and land -use regulations. Ms. Thompson: What page, please, Commissioner? Vice Chair Spence -Jones: That's page one of future land use, Goal LU-1. That's what she just told me that -- you just told me to add it. Commissioner Sarnoff. Where would it be put in? Chair Sanchez: What -- yeah, but -- Vice Chair Spence -Jones: It's not on Exhibit C; it's on -- Ms. Bru: It's not in the exhibit. Chair Sanchez: It's not in the exhibit, Exhibit Z [sic]. Vice Chair Spence -Jones: Well, that's what I was just telling you. Chair Sanchez: Oh. Vice Chair Spence -Jones: You told me to go 'head [sic] and do it anyway. Chair Sanchez: It's not on the exhibit. Let's just take care of the exhibits. Anything else on the exhibits? I have another one that's not on exhibit, so I'll do it afterwards. Okay, so we're done with Exhibit C. Commissioner Sarnoff. No, we're not. Chair Sanchez: Okay. Commissioner Sarnoff, you're recognized for Exhibit Z -- C. Commissioner Sarnoff. I'm proposing amendment to LU-1.5.4 -- Chair Sanchez: One point five -- Commissioner Sarnoff. -- which requires notice of applications, requiring public hearings shall be provided to any NET -registered homeowner and neighborhood association and to owners within applicable City regulations. Commissioner Gonzalez: I'll second that. Chair Sanchez: All right. There is a motion and a second. Any further discussion on that one? That one just is notice of application requiring public hearing shall be provided to any NET -registered homeowner and neighborhood association to owners within the applicable City regulations. Vice Chair Spence -Jones: Can I just ask this question of Ana? Now, Ana, this is also -- Chair Sanchez: All right. I need a second. There was a motion -- City of Miami Page 327 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: You've already got a second. Commissioner Gonzalez: I already second it. Vice Chair Spence -Jones: You got a second. Chair Sanchez: All right. There's a motion for the record. Motion is made by Commissioner Sarnoff, second by Commissioner Gonzalez. The item is under discussion. You're recognized, Vice Chair Spence -Jones. Vice Chair Spence -Jones: Okay. I just want to askAna -- Ana, this is definite -- I'm sorry. I'm sure you're concerned about this one also, correct? Ms. Gelabert-Sanchez: It was the same as above -- Vice Chair Spence -Jones: Yeah. Ms. Gelabert-Sanchez: -- but I heard the will of the Commission. Vice Chair Spence -Jones: I just -- so -- but you were going to address this in the Zoning Code, correct? Ms. Gelabert-Sanchez: Yes. Vice Chair Spence -Jones: Okay. Ms. Gelabert-Sanchez: I'll address it. Mr. Hernandez: City Code. Vice Chair Spence -Jones: City Code, I'm sorry. Let me ask you -- Commissioner Gonzalez: It's very polite to askAna how did you think about it, but anyways, if she doesn't like it, she's going to be, you know -- we're going to vote against this, so you know, very polite on your part. Vice Chair Spence -Jones: Okay. Well -- Commissioner Gonzalez: You consult your staff and then do the opposite of what the staff recommended. Vice Chair Spence -Jones: No, no. I wanted to -- no. I just wanted to ask you, though, Ana, if you don't mind. I wasn't trying to offend you. I just wanted to address the issue in the Code itself regarding the -- is it 500 feet, 200 feet? That's all dealt with in the City Code, correct? Ms. Gelabert-Sanchez: The notice -- Vice Chair Spence -Jones: Yes. Ms. Gelabert-Sanchez: -- is dealt at the City Code. Vice Chair Spence -Jones: Okay. I just wanted to be clear on it. That was my question. Commissioner Gonzalez: All right. Next. City of Miami Page 328 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Okay. Listen, on that, on the homeowner's associations, what constitute a homeowner association? Has anybody clearly defined what constitutes a homeowner association? Commissioner Gonzalez: I make a not -for -profit corporation; register it with the state of Florida Chair Sanchez: But does it have to be a valid --? Commissioner Gonzalez: I can make a homeowner association in my block and be the president, the vice president, and the secretary; and then I come here and speak in, you know, behalf of my neighborhood. That's a reality of the neighborhood association today. Chair Sanchez: Okay. All right. Commissioner Gonzalez: Okay. Some people are confused here, and in this Commission, there are some people confused, but I'm not confused. Chair Sanchez: Okay. No further discussion on that amendment. LU-1.5.4 has been introduced and amended by Commissioner Sarnoff and second by Commissioner Gonzalez, if I'm not mistaken. Okay, no further discussion on that. It is also already in the Zoning Code. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That's another amendment. All right. Anything else? Commissioner Sarnoff. I'm just getting through the end of Chair Sanchez: Any other amendments? If not, so we could close category -- Exhibit C, and we could move on to the river. All right. Commissioner Sarnoff. Wait a minute. Chair Sanchez: While we wait, I have a question that I think, in the public hearing, we did get a lot of good questions asked, and the public did address a lot of the concerns. One of the questions that got my attention, which I think that the staff needs to clam it, was a question that was brought forth by one of the architects, who asked a very good question; and the question was is the EAR and Miami 21's language compatible? I think that's a very good question that somebody needs to answer. Ms. Gelabert-Sanchez: It has to be. The land development regulations have to be. Chair Sanchez: I know that it has to be. Ms. Gelabert-Sanchez: Yes. Chair Sanchez: Is it? Do you believe -- Ms. Gelabert-Sanchez: When my -- when -- Chair Sanchez: -- that it is? Ms. Gelabert-Sanchez: I believe it will be. When you approve Miami 21, it will be compatible City of Miami Page 329 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 with the EAR. Chair Sanchez: All right. So it is your opinion and -- Ms. Gelabert-Sanchez: Yes, it is. Chair Sanchez: -- the Administration and the experts that it is compatible? Ms. Gelabert-Sanchez: Yes, it is. Chair Sanchez: All right. Commissioner Sarnoff. Commissioner Sarnoff. Yes. NR-1.1. 6 -- Chair Sanchez: NR (Natural Resource)? Is that under Exhibit C? Commissioner Sarnoff. Natural Resource Conservation. Ms. Thompson: What page? Commissioner Sarnoff. Page 95, if you will. Chair Sanchez: Oh, no, that's not on the exhibit. Commissioner Sarnoff. Oh -- no. It's on the exhibit. It's on this piece of paper you guys handed me ten minutes ago. Vice Chair Spence -Jones: Page 90 -- Chair Sanchez: Okay. What is it? Just bring it out. Commissioner Sarnoff. Page 13 of 13. Vice Chair Spence -Jones: Oh, you said 90 -- Chair Sanchez: Thirteen of thirteen, okay. Commissioner Sarnoff. Line item 32, NR-1.1 -- Chair Sanchez: All right. Commissioner Sarnoff. -- .6. I'd like to go with the PAB recommendation. Chair Sanchez: Okay. Staff could you --? It's 32. It's pertaining to "development or redevelopment within the coastal zone will not adversely affect the natural environment or lead to the net loss of public access." Ms. Gelabert-Sanchez: Up to the public access, we're fine. The public use is the one that is too vague for us to really know what that really means. We -- on private development, when it comes in, we do ask for public access and we do ask for bay walk; butt guess the word public use, I am not sure I can tell you what exactly that is. Chair Sanchez: So you -- Ms. Gelabert-Sanchez: That's why we were concerned that we were recommending -- but the City of Miami Page 330 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 word public use would be deleted, I guess, and go back to -- on the right-hand side, where it says "through land development regulations, ensure that development or redevelopment within the coastal zone will not adversely affect the natural environment or lead to a net loss of public access to the City's natural resources." The public use, we couldn't -- it was too vague for us to be able to -- Commissioner Sarnoff. Yeah, but that's precisely -- Ms. Gelabert-Sanchez: -- know what it meant. Commissioner Sarnoff. -- why you wouldn't want to use merely access; you would want to use public use. Access may mean a corridor way. It may mean that you will not disturb a corridor way that presently exists. What this is saying is you cannot, in the coastal zone, take away any public uses for land -use changing. I mean, it's so much more important to the citizens than is public access. I mean, just think if you like the developer out there and you just said, well, you know what? We just have to give the public a little bit of access, but otherwise, we could take away that public use. Commissioner Gonzalez: That's NR-1.1.6? Commissioner Sarnoff. Yes. Vice Chair Spence -Jones: Yeah. Commissioner Sarnoff. I think it's a distinction with a difference. Chair Sanchez: Yeah. That's -- I thought about that one, and that's a tough one. And we debated this one back and forth with our staff andl have concerns with that language. I don't know how you feel about it, but I got some concern with that language. All right, there's a motion. The motion is made by Commissioner Sarnoff. It's -- Commissioner Gonzalez: Wait, wait. What does he want? Commissioner Sarnoff. Motion is to approve the PAB's -- Vice Chair Spence -Jones: PAB's -- Commissioner Sarnoff. -- recommendation. Vice Chair Spence -Jones: It's everything in yellow that they're approving. Chair Sanchez: Which is -- the concern that they have is the public use consistent with protection of natural system. Commissioner Gonzalez: And why is the Planning Department against this recommendation? Hello. Ms. Gelabert-Sanchez: Sorry. Commissioner Gonzalez: Why is the Planning Department against this recommendation? Ms. Gelabert-Sanchez: I think the concern we had with the word public use, it was too vague. It could be -- I don't think we were referring to open space or the use, but it is private property, and the word public use is generic. It could be someone wanting to just come into your private property and be able to use that land. Does that mean that is --? City of Miami Page 331 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Gonzalez: Right. I guess -- Ms. Gelabert-Sanchez: I think it's the vagueness of the word. Commissioner Gonzalez: -- in this country, we still -- Chavez is getting close and Castro too. They're not here yet. They're -- eventually, I -- you know, they might be here soon, but not here yet. I think in this country, everybody has a right to their own privacy; and private property is private property. I don't know how anybody -- how can we allow anybody to infringe in private property, you know? And if that's what we're trying to do, I will oppose it because, you know -- I don't care what the City -- nobody's going to come into my house, no matter what Commissioner says it or what Mayor or what -- you know, my house is my house. It's my private property. Commissioner Regalado: No, but -- Commissioner Sarnoff. But this isn't private property, Commissioner. This is through land -use regulations. What we're trying to do is preserve coastal zones that are presently used for public; that they can't do something with it to create a private purpose, just the opposite of what you're saying. Commissioner Gonzalez: Well, I have no problem with that. Ms. Stroud: Mr. Chairman, may I --? Chair Sanchez: Maybe you should put something on the record because the way it was told to me, I have concerns with it. I just want to hear from you --from the staff again. Ms. Stroud: This is -- I'm Nancy Stroud your legal consultant. I think that language, public use, could be used to say that a current use that allows the public, say, a marina, could not be changed to another kind of use that would restrict the public from continuing to use it as a marina. For example, couldn't be changed to a residential use that didn't have access to the public. So -- Commissioner Gonzalez: Well -- but -- Ms. Stroud: -- that's problematic language, I think, too. Commissioner Gonzalez: -- throughout the years that I've been sitting in this Commission, every development that has come to this Commission on the waterfront, we have required that they have a bay walk to provide public access, you know, to the water, so I don't know. Ms. Gelabert-Sanchez: Right. That would go to the access, but it's the use -- as Nancy just stated, I guess it was too vague in order for us -- Chair Sanchez: Yeah. Ms. Gelabert-Sanchez: -- to feel that, you know, we didn't need to clarify. Chair Sanchez: Okay. The -- it -- Ms. Gelabert-Sanchez: That's why we feel it's access. Chair Sanchez: -- does not have a second. Is there a second? Commissioner Regalado: Second. City of Miami Page 332 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Gonzalez: I'll second for discussion, yeah. Chair Sanchez: Okay. It -- there's a second now for discussion, so we'll continue to discuss the element. You're recognized for the record. Commissioner Gonzalez: Yeah. You know, I agreed totally with the -- with providing the public access to the coastal land and the water, but we need to find a way that, at the same time, we -- you know, we provide security and privacy to private property, and don't know how -- you're an attorney, Commissioner Sarnoff maybe you can amend the language or -- Commissioner Sarnoff. Well, all this is is a principle, and the principle is through the use of our land -use regulations, we're going to ensure that development or redevelopment within our coastal zones -- so our waterways, if you will -- will not adversely affect the natural environment -- okay, we all like that. Commissioner Gonzalez: Right. Commissioner Sarnoff. -- or lead to a net loss of public access, which means, if there already was public access there, we can't diminish it, or public use. For instance, a volleyball court existed there, but some developer -- maybe well connected with the City -- said you know what? You really don't need that volleyball court there anymore, and I'll pay you good money for it. Well, in this circumstance, one of the members of the public could stand up -- this will be many years after we're dead and buried -- there and say you know what? When this Commission sat here, they said in the EAR amendments, which is now part of our comp plan, that you couldn't diminish public use. Andl think it's important, andl think ifyou're going to be a city for all, everybody should have access to the coastal waterways because we diminish it everyday just through private use. Ms. Stroud: Mr. Chair, ifI could, I think -- Chair Sanchez: Yes. Ms. Stroud: -- what Mr. Sarnoff might be saying is if -- Commissioner Sarnoff. Commissioner Sarnoff. Ms. Stroud: Yes. I'm sorry. Commissioner Sarnoff. Commissioner Sarnoff. It's okay. It's just -- it's a knack. I don't like when people do that. Ms. Stroud: I'm sorry. -- that if there is property that is publicly owned and used, then you don't want to diminish that. Commissioner Sarnoff. Correct. Ms. Stroud: But my point was there may be public use where there's not public ownership -- Commissioner Sarnoff. Doesn't say that. Ms. Stroud: -- and this language being broad doesn't say publicly -owned use. It might, for example, prohibit a commercial marina, not publicly owned, but open to the public, from being changed to another use, so if -- I would suggest that if it's publicly -owned use that is meant to be protected here, then a change -- an addition to the language with public -- 'publicly owned" before use would accomplish your purpose. City of Miami Page 333 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Sarnoff. So you're saying you would like a friendly amendment to say publicly -owned use? Ms. Stroud: If that's your purpose. I think that would take care of the problem of -- Commissioner Regalado: I -- Ms. Stroud: -- more generally privately -owned uses. Commissioner Gonzalez: I'll accept the amendment. Chair Sanchez: Well, there hasn't been an amendment made. Commissioner Gonzalez: Well -- Chair Sanchez: Was there an amendment made? Commissioner Gonzalez: Commissioner -- Commissioner Regalado: I second it. Commissioner Gonzalez: -- accepted it. Chair Sanchez: What is the amendment? Commissioner Sarnoff. She is recommending that after public access and publicly -owned use; that there'll be no loss of publicly -owned uses. Commissioner Gonzalez: Publicly -own use, yeah. Chair Sanchez: Okay. Ms. Bru: Publicly -owned public use because you could have publicly -owned use that perhaps is not public, so -- Commissioner Sarnoff. So what would you like it to say? Ms. Bru: No. I mean, the idea is for those properties on the coastal zone that are owned by government or by the -- in this case, the City, or you know, another local governmental entity, maybe MSEA in Watson Island; you know, so property owned by the public entity devoted to public use. Commissioner Sarnoff. Well, alternatively -- I mean, we all know on Brickell, there was a park out there, and half that park no longer owns -- is now -- half that park no longer belongs to the public. Would this comp plan amendment have prevented that from happening? I suggest to you it would have. You know, a developer now owns half that park, right on the water. Commissioner Gonzalez: So if your intention is to protect public -- Commissioner Regalado: The public land. Commissioner Gonzalez: -- space, I'll -- Commissioner Sarnoff. Yeah. There should be no diminishment of -- City of Miami Page 334 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Regalado: Who second it? Commissioner Sarnoff. -- publicly -owned lands. Ms. Thompson: Gonzalez. Commissioner Sarnoff. That's how I see it. I mean -- Commissioner Gonzalez: I support that a hundred percent. Chair Sanchez: All right. So why don't we get the right wording because all of this -- a lot of this has been just about the wording. I mean -- so let's get the proper language. Ms. Bru: I guess the suggestion is -- Chair Sanchez: No loss of -- Ms. Bru: -- will not adversely affect the natural environment or lead to a net loss of public access and -- Commissioner Sarnoff. Publicly -owned uses. Ms. Bru: -- public -- Commissioner Sarnoff. Publicly -owned uses? Ms. Bru: -- owned -- Commissioner Sarnoff. Plural. Ms. Bru: You know, publicly -- Chair Sanchez: It's a -- Ms. Bru: -- government property that -- no. Publicly -owned public use, I guess, 'cause you could have publicly -owned property that's not put to public use. Commissioner Sarnoff. But you know -- Ms. Bru: I mean -- you know -- Commissioner Sarnoff. -- what? I don't know that you want to give up publicly -owned property on coastal areas. Let's say we were stupid and we put a power plant right on Brickell. I mean, I know we'd never do that -- and let's say it happened years and years ago. If we pass this now and -- there's no need for the power plant for it's outdated -- that's got to go back to a public use, and it should go back to a public use -- Ms. Bru: Right. Commissioner Sarnoff. -- versus selling it to a developer. Ms. Bru: Right. The idea is that you want to maintain the coastal zone and the property that is currently dedicated to public use in your coastal zones as continuing to be used by the public. City of Miami Page 335 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Sarnoff. What Commissioner Gonzalez is worried about -- Ms. Bru: Is -- Commissioner Sarnoff. -- I think what he's worried about, and understand it, he's saying look, there's a piece of property out there that's been owned for years and years -- let me put it in context -- by an old Cuban gentleman who hasn't lived in Miami for years, but he's coming back here to live; and while the public has used the volleyball court on his land for years and years, he's now going to build a house there and he's got a right to do so. He doesn't want -- just because the public used that particular piece of land, for him to lose his property rights. Ms. Bru: Right. Commissioner Sarnoff. Andl completely agree with him. But we're saying now a publicly -owned use, like the park on Brickell that was diminished in half, should never have happened by our constitution. Commissioner Gonzalez: No. But let me tell you -- let me correct you on that. Some of the projects that were approved on the river, for example, I encourage public access to the water with limitations, you know, like after 9 p.m. or 10 p.m. at night, I don't want anybody going into the property because, you know, they can go from the boardwalk into the building. But during the day and during normal hours, I encourage, you know, the -- Commissioner Sarnoff. You treat it like a park. Just -- Commissioner Gonzalez: Exactly. Commissioner Sarnoff. -- like a park that we have. What do they say, sunset -- sunrise to sunset. Commissioner Gonzalez: Right. And we requested that every project came had to come here with a boardwalk on the river so people could have access to the water, yeah. Chair Sanchez: Once again -- Commissioner Sarnoff. I think we go with publicly -owned use. Chair Sanchez: -- if we could come up with a friendlier language, I could be okay with it. Look, we're all for protecting -- Commissioner Gonzalez: Yeah. Chair Sanchez: -- our bay walk. We're all for trying to get our bay walk open, and we need to protect the coastline, but the language that's there just needs to be amended. Ms. Bru: Yeah. I think that we all understand that the intent is only to pre -- not diminish publicly -owned property that is being put to public use, so publicly -- public use -- public properties -- you know -- Chair Sanchez: Would this affect the museums? Ms. Bru: Excuse me? Chair Sanchez: Would this affect the museums? I'm just thinking out loud because -- Ms. Bru: No, no. City of Miami Page 336 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: -- everything has -- Ms. Bru: No. Chair Sanchez: You know, every time we take an action -- Ms. Bru: Museums are a public use. Commissioner Sarnoff. Right. Commissioner Regalado: Public use. Ms. Bru: They're public use. I mean, the scenario that we're trying to prevent from happening is, for example, you have a commercial marina on our coastal zone that's being operated for public use because a commercial marina, anybody comes, first come, first served, and that property owner decides one day that they're going to just build a residential property there and have a private marina that's not being used by the public but only by the residents. That's what we're trying to say, we don't want that to happen because that person has his property rights and he should be -- Chair Sanchez: That's why publicly -owned use would (UNINTELLIGIBLE). Ms. Bru: -- so -- Chair Sanchez: But the way you're explaining it, it's a concern. How can we change the wording --? Ms. Bru: No. I think our consultant suggested something to -- Chair Sanchez: What -- Ms. Bru: -- publicly -owned public use. Chair Sanchez: Publicly -- Commissioner Gonzalez: Publicly -owned public use. Commissioner Sarnoff. No. Ms. Bru: No. Commissioner Sarnoff. Publicly -owned use because if you then -- proviso of putting it only if the public uses it, it does away with your power plant. Ms. Bru: A publicly -owned use. Chair Sanchez: So only publicly use? Ms. Bru: Publicly -- Commissioner, you're suggesting publicly -owned use? Chair Sanchez: Use. All right. So it's been amended to include -- Ms. Bru: You know -- City of Miami Page 337 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: -- publicly -- Ms. Bru: Proper -- Commissioner Sarnoff. How 'bout publicly -- Chair Sanchez: -- own use. Commissioner Sarnoff. -- owned property? Commissioner Gonzalez: Publicly -owned property. Commissioner Sarnoff. Publicly -owned property. Commissioner Gonzalez: Publicly -owned property. Commissioner Sarnoff. All right, there you go. Chair Sanchez: Okay. Ms. Bru: Well, would that allow you to lease, let's say, Marine Stadium to a private developer -- Commissioner Gonzalez: Yeah. Ms. Bru: -- and put it to a private use if you just say that you're not --? Well, I guess not. Mr. Hernandez: Mr. Chairman, clarification. Commissioner Regalado: Well, I guess not. Commissioner Gonzalez: Well -- Commissioner Regalado: We're trying to save Marine Stadium. That's what we're trying to do. Commissioner Gonzalez: In the case of the Marine Stadium where, you know, if that ever happens -- andl don't know if it's going to happen -- then it be up to this Commission to establish condition under approval of the project. Chair Sanchez: No. Once this -- this is our guiding document. We don't have a say anymore. Once we approve this, we don't have a say anymore. Mr. Hernandez: Mr. Chairman, I think the concern here is the impact from proposed private development, andl think that we should clam that by inserting the word 'private" in front of development. Through land development regulations ensure that private development or redevelopment would not adversely impact the public. Commissioner Sarnoff. Wait, wait, wait. Ms. Bru: No, no. Commissioner Sarnoff. Private -- Chair Sanchez: No, no, no, no. Mr. Hernandez: No? City of Miami Page 338 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: See, we -- listen, we went back and forth on this one, so we decided to stay with the Planning Department's recommendation, which is the language clearly says will not adversely affect the natural environment or lead to a net loss of public access to the City natural resources. Commissioner Sarnoff. Right. But Marine Stadium's a fun -- that's a fun conversation to have. Supposing you, the City Manager, decide you want to sell it? You couldn't do it under this, could you? Mr. Hernandez: Of course not. Commissioner Sarnoff. Now, supposing you wanted to lease it, could you do it? Commissioner Regalado: No. Chair Sanchez: We couldn't do it, period. We have to go out for referendum. Ms. Bru: Well, it depends on whether or not the use -- Commissioner Sarnoff. Well, for other reasons, yeah. Ms. Bru: -- would be public. Mr. Hernandez: If it's a public use -- Chair Sanchez: But we couldn't sell it, period -- Mr. Hernandez: -- you could. Chair Sanchez: -- it would have to go out for a referendum. Commissioner Sarnoff. Well -- but that's a different issue. But under this scenario, could you operate Marine Stadium 50 days a year with a sponsor, somebody out there privately, you know, putting a Miami Sound Machine/Jimmy Buffett concert? Mr. Hernandez: Commissioner, I think that as long as you have public use, you can do it. Commissioner Sarnoff. Right. Because I don't see the -- Mr. Hernandez: There's public access and public use. Commissioner Sarnoff. The only thing this prevents you from doing is selling it. Mr. Hernandez: From selling it, give it to a private concern [sic] that would lessen the -- Commissioner Sarnoff. Right. Mr. Hernandez: -- available public access and use. Commissioner Sarnoff. Right. Mr. Hernandez: Right. Chair Sanchez: All right. So have we agreed on afriendlier language? If not, I will not -- I City of Miami Page 339 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 cannot support it. Have we agreed on a friendlier language? Commissioner Sarnoff. Publicly -owned property, right? Commissioner Gonzalez: Publicly -owned property. Ms. Gelabert-Sanchez: I thought -- yeah. Correction. My -- Commissioner Gonzalez: No? Chair Sanchez: Let's go ahead and put that on the record. Ms. Gelabert-Sanchez: What I have is publicly -owned public use. Chair Sanchez: Publicly -owned property. Mr. Hernandez: Let Nancy do it. Nancy. Ms. Stroud: Instead of public use, say publicly -owned property. Ms. Bru: But -- I'm sorry. But that really is a restraint on alienation because what you're saying -- if you say that you cannot have any net loss of publicly -owned property, it means that you can't ever sell your property that's under coastal zone and that's a restraint on alienation. Commissioner Gonzalez: It will not adversely affect the natural environment or lead to a net loss of publicly [sic] access on publicly -owned property. What do you think? Chair Sanchez: I'm going to stick with PAB's recommendation. Commissioner Gonzalez: I'm not an attorney. I'm trying to -- Commissioner Sarnoff. One more time. Just say it one more time. Commissioner Gonzalez: Okay. And -- or lead to a net loss of public access or public use on -- Ms. Bru: Publicly -- Commissioner Gonzalez: -- publicly -owned -- Ms. Bru: -- owned -- Commissioner Gonzalez: -- property. Ms. Bru: -- property. Commissioner Sarnoff. I could -- I think that's -- I think I'm going to hire you as my lawyer. Ms. Bru: That's it. Chair Sanchez: Okay. Commissioner Sarnoff. That's very good. Commissioner Gonzalez: Thank you. City of Miami Page 340 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: All right. Does the maker of the motion accept that friendly amendment? Commissioner Sarnoff. I do. Chair Sanchez: Okay. The seconder does, which you were the second. All right. No further discussion. Item, as amended. It's an amendment on item number 32, which is NR-1.1.6 of our EAR plan. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. All right. Anything else on --? Commissioner Regalado: I -- Mr. Chairman, I have one amendment to -- Chair Sanchez: On Exhibit C. Commissioner Regalado: -- include TR-1-5.2. This is -- Chair Sanchez: What? Vice Chair Spence -Jones: What page --? Commissioner Regalado: Right on the same page where we just have the discussion. Mr. Hernandez: No. Commissioner Regalado: TR-1.5.2, page 15 or 16. And this is about -- Chair Sanchez: Page 15 of 16? Commissioner Gonzalez: I don't have that. Vice Chair Spence -Jones: No. Chair Sanchez: No. We don't have that. That's not part of Exhibit C. Commissioner Gonzalez: We only have 13 pages. Chair Sanchez: That's not part of Exhibit C. Commissioner Regalado: Well, this is the PAB recommendation that was given to me by the Administration. I don't know. They gave me something different. Chair Sanchez: Could you see what it is, please? Okay. Anything else on Exhibit C? If not, we can move on. Commissioner Regalado, is that Exhibit C or no? Commissioner Regalado: Yeah. They saying yes. Chair Sanchez: It is? Item 21. Oh, okay. Unidentified Speaker: TR-1. Vice Chair Spence -Jones: What page is (UNINTELLIGIBLE)? Chair Sanchez: TR-1.5. 2? City of Miami Page 341 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: What page is that? Chair Sanchez: Okay. Commissioner Regalado: Thank you. Carmen got it. This is about the -- Ms. Thompson: I'm sorry. I did not hear what -- Commissioner Regalado: TR-1.5. 2. Chair Sanchez: And the language there is the following. Commissioner Regalado: The City shall conduct appropriate land use and zoning analysis of the areas surrounding each existing and future transit stations as such station sites are approved by Miami -Dade County or the City of Miami for development in order to determine whether appropriate land use and zoning changes should be implemented that foster the development and use of the station while protecting adjacent neighborhoods from incompatible development (examining heat [sic] -- Chair Sanchez: Height. Commissioner Regalado: -- density and intensity, use and scale). Such land -use and zoning changes shall include minimum and maximum density and intensity standards at the time of implementation. That's the PAB proposed on Metrorail stations and transit stations, they call it. Chair Sanchez: Okay. Before we get a second, Administration, could you please elaborate on the record why you don't support this amendment? Ms. Gelabert-Sanchez: I think the issue of the highlight of the height and the use and scale, that is done through the Zoning Ordinance. The Comprehensive Plan and the land use deals with the -- land use deals with the density and the zoning deals with the intensity. The idea of the height and the scale is review that we do, through the Zoning Ordinance, and that is one -- there's a special permit. We looked at 1305 -- Chair Sanchez: So therefore -- Ms. Gelabert-Sanchez: -- and that is -- Chair Sanchez: -- you feel that this does not need to be -- Ms. Gelabert-Sanchez: It didn't -- Chair Sanchez: -- in the EAR and is on an ord -- Zoning Ordinance? Ms. Gelabert-Sanchez: Precisely, because by saying while protecting adjacent neighborhoods incompatible development, it triggers -- when we review it -- Chair Sanchez: All right. Ms. Gelabert-Sanchez: -- we need to look at the Zoning Ordinance, and that's where it is. Chair Sanchez: TR-1.5. 2. Vice Chair Spence -Jones: Page 10 of 13. City of Miami Page 342 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: All right. On this one, I had an opportunity to sit down with the -- with Planning and Zoning -- Commissioner Regalado: We don't have a second yet to discuss -- Chair Sanchez: I know, but we might get a second just for purpose of discussion. Bill Anido: By the way, one clarification. Anything within the Miami -Dade County Transit Zone Chair Sanchez: The County handles, we know that. Mr. Anido: -- the County has ultimate jurisdiction. All we can do is recommend on any given development -- Commissioner Sarnoff. We don't -- Mr. Anido: -- one way or the other. Commissioner Sarnoff. -- do that. I mean, I just went through this in the Grove and we actually lost our right because I think they just made an amendment to the County. We don't even get to comment anymore. Chair Sanchez: No. You're right. Commissioner Sarnoff. Is -- I -- does anybody -- Orlando, you want to speak to that? Orlando Toledo (Senior Director, Building, Planning & Zoning): Orlando Toledo, senior director of Building Planning & Zoning. Yes, Commissioner, you're absolutely right. And the only one they actually left off was the Vizcaya station. All of the rest of the stations in the City of Miami, the County won't even send them to us anymore. Commissioner Regalado: Yeah. Mr. Toledo: The only thing that we do have is that we will go to RTDIC, of which Lourdes Slazyk and myself are members of but that's pretty much it. Commissioner Regalado: Yeah, but it would -- this talks about protecting the surrounding areas, not the Metrorail. I'm -- the reason that I'm trying to move this in the comp plan is about the surrounding areas; it's not about the Metrorail. Chair Sanchez: All right. Okay. There's a motion. Is there a second? Commissioner Sarnoff. Second. Commissioner Gonzalez: Second. Chair Sanchez: Second for the purpose of discussion. Okay. On discussion on this, I tend to agree with the Administration on this. The County is the one that basically oversees the Metrorail. This should be on -- it's part of our Zoning Ordinance. And once again, the language in itself when you compare it to the Miami Planning and recommendation, it's just -- I'm concerned with this language, to be honest with you. Legal, they have any recommendations on it? Ms. Bru: Not really. It's not a real legal issue. I mean, you know, we already conduct these City of Miami Page 343 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 kinds of analysis in connection with any land use or zoning matter to the extent that the County now has pre-empted much of this activity with respect to the actual area. Commissioner Regalado is talking about the surrounding areas; I'm not too sure then what that means, you know, but it is already in our comp plan. We're just adding some language. Ms. Gelabert-Sanchez: I think what we were disagreeing was the idea -- the height. For example, that's not a comp plan issue. Someone may come with a land use change and they may have a project, but the project -- Chair Sanchez: The -- Ms. Gelabert-Sanchez: -- is through the Zoning ordinance. A land use in itself, if it's not something -- Chair Sanchez: -- concern that you have based on the language is examining the height, the density, and intensity using the scale. And basically, such land use and Zoning changes shall include minimum and maximum density and intensity standards at the time of implementation. Ms. Gelabert-Sanchez: The -- exactly. The Code -- the Comprehensive Plan has density and now we also have the intensity that we'd been required to put in, so those are standards. When reviewing -- I think the intention -- and that's why we felt that it belonged to the Zoning ordinance -- it appears to be more when a project comes in, how you prevent it from impacting negatively onto the neighborhood. Again, but you're assuming there's a project on a land use. There might not be a project, so that's -- Chair Sanchez: Now -- Ms. Gelabert-Sanchez: -- why the other things don't come in unless you have a project and then the zoning comes in. Chair Sanchez: -- here's a concern that I have. Let's say that there's development in one of the sites, okay, and the County is the one that basically has the authority to built [sic] whatever they may build there; we got nothing to do with it, and they build something. So we're nonconforming? I mean, are we not -- how do you tie us into this when we don't have any control over the development on that site? Commissioner Gonzalez: I believe that if the County has the authority to build, they will build. And you know, we can approve whatever language we want to approve here today and then they will override us, you know. Chair Sanchez: Okay. Commissioner Gonzalez: They will supersede us, so -- Ms. Gelabert-Sanchez: Yeah. Commissioner Gonzalez: -- let's not argue and let's not fight about, you know, this simple issue. Ms. Gelabert-Sanchez: I will let Orlando talk about the details on the -- Commissioner Regalado: But you're talking about the surrounding neighborhoods that belongs to the City ofMiami. We all know what happen when we denied the project in 27th Avenue, but if you look at the maps of the County -- I'm sure that you have seen it -- they even call for doing street from Metrorail on 27, buying properties, doing street so they can bring traffic out not through 27th Avenue. This is what I'm talking about, surrounding property. That's all I'm City ofMiami Page 344 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 talking about. I understand that the County has all the power in the world that we gave them. We gave them that land. Not only that land; the land next to it on US 1, so -- but I'm talking about surrounding property across the street, one block away, two blocks away; and this is a concern of one whole neighborhood. Chair Sanchez: Okay. Folks, it's time to vote. There's a motion and a second. Roll call on this one. Commissioner Gonzalez: Time to fish or cut bait. Chair Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: Then this motion has passed 5/0. Chair Sanchez: Okay. Any other items pertaining to -- Commissioner Sarnoff. Yes. Chair Sanchez: -- C, Exhibit C? Commissioner Sarnoff. Page 12 of 13. Chair Sanchez: Twelve of thirteen. Commissioner Sarnoff. Twenty-nine, thirty, and thirty-one. Chair Sanchez: Okay. Twelve and -- what are the numbers? Commissioner Sarnoff. Twenty-nine, thirty, thirty-one on the left-hand side. Chair Sanchez: Okay, 29, 30, g and 31. All of them? Commissioner Sarnoff. Yes. Chair Sanchez: Okay. There's an amendment for the language as provided by MOU [sic] , PAB recommendation? Commissioner Sarnoff. Correct. Chair Sanchez: All right. Twenty-nine, which is provide an adequate supply of land for water -dependent use. That's CM-3, page 90. That's the recommendation from PAB in EAR -- proposed on the EAR, and the Planning Department does not support this item, and what's the reason that you don't support it? Mr. Hernandez: Commissioner, these are all Miami River subelement items. Chair Sanchez: Well -- but hold on. Commissioner Sarnoff. I don't mind waiting until we get to the river, if that's -- Chair Sanchez: Let's wait till we get to the river. City of Miami Page 345 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Sarnoff. Okay. Chair Sanchez: Let's not mix apples and oranges. Commissioner Sarnoff. I think that was a song, wasn't it? Chair Sanchez: All right. Are there any more pertaining to Category [sic] C? Anymore amendments to Category [sic] C? Hearing none, okay. Before we get to the river, I believe that I have one. This -- any other that's not pertaining to Category [sic] C? Ms. Thompson: Exhibit C. Chair Sanchez: All right. Before we go to the river, Planning. Ms. Gelabert-Sanchez: Yes. Chair Sanchez: One of the modifications that wanted to make, and I'm seeking through the amendment, is a request to remove the high -density multi family bonuses in Little Havana area and let me just state why. It's all about the concern of overdevelopment and low density surrounding neighborhoods. That bonus that is -- is a hold -over. Ms. Sanchez: Commissioner, can you provide us with a page from the book so that we can all refer to it? Chair Sanchez: No, no. I'm going to read it into the record. Ms. Sanchez: Okay. Chair Sanchez: This is -- it's in there, and what it does it's a hold -over from the last comp plan that gives developers the right for the 200 units per acre, rather than the 150 units maximum allowed in the R-4. We feel that 150 units per acre in the R-4 is plenty, so therefore, as an amendment, we'd like to change that from the 200 unit to the 150 unit per acre, andl think that should address a lot of the concern reference the density next to residential neighborhoods. And on the river element, I have some other recommendations, but I'll wait till we get to that. Andl am glad to see that the notice and a motion was made for -- to bring this back in 60 days so we could amend the Zoning Ordinance, which I feel that that's where the notice should be addressed with -- instead of the 15 days, with the 30 days that we're looking at. That's something that is going to please us -- some of the individuals who came here and spoke in the public hearing. So overall, I think that so far, I mean, you've got like 98 percent of what the public wanted, so the process hasn't been -- it's been a bumpy ride. It's been painful at times, but you know, we'll work through these things. Okay. Let's go to the river. Ms. Thompson: Excuse me, Chair. Were you proffering an amendment? Chair Sanchez: Yeah. So that would need -- require a vote. So I would pass the gavel and that would be my motion. Do I need to read -- Commissioner Gonzalez: Second. Chair Sanchez: -- it again? Commissioner Gonzalez: Second. Chair Sanchez: Let me read it again. It's -- I'm seeking through an amendment, I'm requesting City of Miami Page 346 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 to remove the high -density multifamily bonus in the Little Havana area. What that does is a bonus that basically is a hold -over from the last comp plan that gives developers 200 units per acre; I want to bring it down to 150 units per acre, and that's the maximum units allowed in R-4. I feel that that's plenty of units in the R-4. So I would make a motion to amend the -- Commissioner Gonzalez: I already second it. Chair Sanchez: -- comp plan. Commissioner Gonzalez: Call the question. Chair Sanchez: Second. You're the Chair. Commissioner Gonzalez: Call the question. Vice Chair Spence -Jones: Oh. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. Chair Sanchez: All right. River element. Vice Chair Spence -Jones: Can we do --? Okay. I'm not -- I wanted to make sure I had a point. I'm not -- Commissioner Sarnoff. You had your LU. Commissioner Gonzalez: All right. On the river element, I'm also making a motion to accept -- Chair Sanchez: Okay. Hold on. Commissioner Gonzalez: -- the Planning -- Chair Sanchez: Before we do that, Commissioner -- Vice Chair Spence -Jones: I just have a -- Chair Sanchez: -- Vice Chair wanted to put something on the record, then you're recognized for the record. Vice Chair Spence -Jones: Ana, I just wanted to -- for -- on Exhibit C, I would like to include LU-C, which is page 6 of 13. I know that you said it's not required of the department of Community Affairs, but think that it's an important thing for us to have in it. Do you have an issue with including that? Basically, it's the importance of the neighborhood planning and implementation as a tool of maintaining and enhancing the unique character of the neighborhoods? Do you have a issue with that? Ms. Gelabert-Sanchez: I thinkl -- as we -- our reason is -- one is -- first, it's not required by DCA. It's not that we have an objection, but it's not required. I think, through the process of Miami 21, we will be reaching it; and the final is we just wanted to point it out. Of course, that's a policy decision, the financial impact. Vice Chair Spence -Jones: All right. I think it's important to have it -- City of Miami Page 347 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Gelabert-Sanchez: There are like -- Vice Chair Spence -Jones: -- especially, it says all of our neighborhoods have unique characters. I would definitely like to have that included, if we can. Chair Sanchez: All right. There's a motion for the proposed neighborhood master plan. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Okay. Second. Discussion on that item. I'm going to have to discuss that item. Listen, I'm all for preserving the neighborhood characters, but listen, just on the east quadrant, Commissioner Sarnoff, you got 40-some neighborhoods. Throughout the City, you're going to have about a hundred and some neighborhoods. How do you define a neighborhood? Mr. Hernandez: Commissioner -- Chair Sanchez: Andl think that's being -- listen to me, I think that's already being done in Miami 21 once again. We got to be careful that we don't throw these things out there and we end up doing duplication of services. Vice Chair Spence -Jones: But this is not duplication of services. This -- if we're already doing it, then it's a part of as you would say earlier -- or you've said all -- today, the constitution -- the constitution. So this is just making sure that that happens -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- beyond you or me. Chair Sanchez: Okay. Mr. Hernandez: Mr. Chairman -- Chair Sanchez: Sir, you're recognized for the record. Mr. Hernandez: -- this is something that is totally not needed now. Chair Sanchez: How much is -- Mr. Hernandez: If -- Chair Sanchez: -- the City -- how much would that cost us to do that? Mr. Hernandez: I don't know. Maybe a couple of million, maybe more. Chair Sanchez: I'm sorry? What, a couple of million? Vice Chair Spence -Jones: No. Mr. Hernandez: Yes. Ms. Gelabert-Sanchez: What we're -- what we are estimating an approximately two million. We have over a hundred neighborhoods, and our concern is once we're finished with Miami 21, if there's a need to do go into additional work, certainly this Commission can instruct us to go out and do them. But if we go as is stated, if we look at a map -- andl believe, staff, if they can bring City of Miami Page 348 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 one over -- we have over a hundred. Chair Sanchez: A hundred what, neigh--? Ms. Gelabert-Sanchez: Over a hundred neighborhoods. If we were to do one neighborhood -- and we've been given to the year 2012, that's the concern that we have. Vice Chair Spence -Jones: Well, I'm not asking you -- Ms. Gelabert-Sanchez: Again -- Vice Chair Spence -Jones: -- to do it -- I'm not suggesting that it be done by 2012. Ms. Gelabert-Sanchez: Well, the problem -- the concern is that if you approve this as it was stated, where you -- the mandate is for the City to do a master plan for every single neighborhood and be able to have it by the year 2012. And what we were saying -- we stated before, we have a process going with the Miami 21. We have a lot of issues that are going to be addressed. If there's additional work that needs to get done with particular neighborhoods that might have -- feel that (UNINTET,TIGIBT,F) issues that are not addressed through Miami 21, this Commission can direct the staff to do that. Vice Chair Spence -Jones: But, Ana, do we -- Ms. Gelabert-Sanchez: That was the concern that we had. Vice Chair Spence -Jones: -- necessarily have to put a date on it in general? Ms. Gelabert-Sanchez: Well, that's -- the way it's presented, I would rather not have any date, but the PAB voted on a date and that's the date that you have in front of you -- Vice Chair Spence -Jones: I mean -- Ms. Gelabert-Sanchez: -- that it says 2012. Vice Chair Spence -Jones: With PAB's -- Ms. Thompson: I'm sorry. Vice Chair Spence -Jones: -- recommendation -- Ms. Thompson: Vice -- is your mike on? Vice Chair Spence -Jones: It's on. I'm just sitting too -- Ms. Thompson: Thank you. Vice Chair Spence -Jones: -- far. I'm sorry. Would PAB's recommendation, if we did not consider the date -- because if you're doing Miami 21, put -- at least trying to get Miami 21 completed, we will be handling a lot of the neighborhoods anyway, correct? Ms. Gelabert-Sanchez: Yes. Vice Chair Spence -Jones: Okay. So do you have an issue -- I mean, if this is something that came from PAB -- if we do not include the dates? City of Miami Page 349 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Gelabert-Sanchez: My recommendation, like it's what you have on the right-hand side, I think we're doing that through Miami 21; I don't think, at this time, it's needed. It does not preclude the Commission from directing staff to do additional work if you felt that Miami -- Mr. Hernandez: Mr. Chairman -- Ms. Gelabert-Sanchez: -- 21 did not address it -- Mr. Hernandez: -- Commissioners -- Ms. Gelabert-Sanchez: -- and there is a financial impact. Mr. Hernandez: -- at this time, it's not prudent, it's not needed. It would be wasteful, totally wasteful. I -- at minimal, we need to wait until after Miami 21 is done; and then, on an as -needed basis, you may direct us to go ahead and do the ones that have any justification. Otherwise, to just do master plans for a hundred -plus neighborhoods would be totally wasteful. Vice Chair Spence -Jones: Okay. I will withdraw my motion, Mr. Manager, 'cause I don't want to fight about it for another 30 minutes, so -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- withdraw my motion. Chair Sanchez: The motion has been withdrawn on the item. Any other item on Category [sic] C? If not, let's move on to the river element. Commissioner Gonzalez: All right. On the river element, let me tell you, there has been -- I think we have had plenty of discussion about the river. And long before Commissioner Sarnoff became a Commissioner, we had many, many meetings where a lot of discussion happen about the river, same thing applies to Commissioner Michelle Spence -Jones. A lot has been says [sic] about, you know, what's going on in the river, the billions of dollars that they produce, the hundreds of companies that they have. Reality is that west of 27th Avenue, there are only 28 companies, that includes marine -related and non -marine -related, with a total employee count of 199 employees. That's data that we got from Miami -Dade County Occupational License. In the City of Miami limits, I have a document here from the Marine Patrol -- Miami Marine Patrol Watch Order on the businesses on the river. Most of the businesses are in District 2 and District 3; two or three in District 5, all right, and the rest are in my areas that include approved projects that haven't been built, closed marinas, existing condo that have been there for many, many years, and Florida Detroit Diesel, and the River Terminal, which is the -- I believe that's the company that is on 22ndAvenue and the river. Let me tell you how I feel. Oh, also on the City ofMiami limits, number of properties with industrial designation, 59; number of businesses operating with industrial designation, 12; and number of employees in business operating with industrial designation is 128. I don't think -- I have always supported all of my colleagues, and today I did it again, even on things that I wasn't too in favor of it. But I believe that you need to recognize that this -- most of this river is in my area. A couple of you, I understand, had -- Commissioner Sarnoff, I understand that you had a tour, and Commissioner Michelle Spence -Jones, I also heard that you had a tour. Commissioner Sanchez, I don't know if you're very familiar with the river, but being part of your district, I'm pretty sure that you are, and Commissioner Regalado, I don't know how long has it been since you've been actually in the river between 12th Avenue and 27th Avenue, andl mean navigating the river because, you know, on the outside you can actually see what's going on in there. I have been limited and my district has been limited. Our hands have been tied, okay, ever since I became a Commissioner in 2001. I have a responsibility with my neighborhood. I have a responsibility with the people that elected me. Allapattah, as I said before, has been a neglected community, a neglected City ofMiami Page 350 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 neighborhood for many, many years. When it had the opportunity to see some advances and to see some development, a special interest in the County -- not even in the City because these people don't own any property in the city limit; they own property in the County -- took us to court. We've been in court for the last three or four years. But all I'm asking you today -- and let me tell you, I brought these cuffs as a symbol, okay, andl was going to give each one of you one and tell you, if you want to continue to tie my hands and my district hands, here are the cuffs; just use them. Because that's what has been happening here for the last eight years or seven years that I've been sitting in this Commission. I know that some of you -- I know that all of you have been visited and have been lobbying; I have been -- you know, I have seen e-mails (electronic) on the computer attacking some Commissioners and, you know -- but it's a matter of justice and giving justice to a community that deserve justice, like every community in this City. I have been supported of all of you throughout the years, and like I said before, in many instances, have not been in total agreement with your issues and your agenda, but I always respected you. And like I said the other day, it's not a matter -- this is not about Angel Gonzalez. This is not about Commissioner Gonzalez. It's about a community. It's about a district, and that's all I'm asking you, to, you know, respect my community and respect my borders. Having said that, I'm ready to move that we -- I'm ready to move the proposal of the Planning Advisory staff Planning Department, and if there are any amendments that we want to entertain, well, let's do it. But -- Chair Sanchez: Let's -- Commissioner Gonzalez: -- I cannot continue to have my hand tie and my hands have been tied Chair Sanchez: -- let's -- Commissioner Gonzalez: -- and continue to be tied. And there is nothing that I can do to promote jobs, to bring people to work in that river; that river is dead, and the ones that took the tour, you saw it by yourself. I mean, I don't have to tell you. It's a shame that, you know, everyone didn't took [sic] this tour and visited the river in my district. It's totally dead. Nothing is happening. You know, you might have, I don't know, maybe 15, 20 jobs there, a place where you could have a lot of jobs. I do make a commitment that I will continue to support marine -related uses, and anyone that come to me with, you know, a proposal of a good business that is going to create job, I will support them a hundred percent, as I have done in the past. But guess what? We haven't had anybody from the industry that wants to open a new business. What is happening is, actually, people are closing and are leaving. That's the reality. So my motion is to approve the Planning Department recommendation, and don't know ifI will have a second. Chair Sanchez: All right. Listen, there's a motion, and we need a second; and then we'll open it up for any amendments. Okay, is there a motion? Commissioner Gonzalez: I -- Chair Sanchez: There's a motion. Commissioner Gonzalez: -- made the motion. Chair Sanchez: Is there a second? I will pass the gavel and second the motion, and then we'll address the amendments. I second the motion. Vice Chair Spence -Jones: So we have a motion, we have a second. All in favor? Commissioner Sarnoff. No, no, no, no. I have discussion. City of Miami Page 351 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Discussion. Vice Chair Spence -Jones: Okay. Just -- okay. There's a discussion. Commissioner Sarnoff. Madam Chair -- Commissioner Gonzalez, I'm only going to ask you to listen because I actually have the utmost respect for you up here, andl only want to bring a different direction to you and just see if any of this could be agreeable to you. Let me just -- I spent some time on this. I'll be honest with you. I've made probably my entire living in the maritime industry as a lawyer. I'm familiar with most of the providers up and down that river, andl saw what you saw andl saw a derelict river that could use a great deal of attention, andl saw derelict operators as well. But I do want to tell you some of the good news, andl think you know this; it's on the horizon. Merrill -Stevens. It is the oldest business in Miami -Dade County. It's been operating on the Port ofMiami for over 80 years. It's planning a 40- or a $45-million expansion to include a 25,000 ton -- or 2,500-ton -- excuse me -- lift, which that's suitable for a 250 mega yacht vessel. As you know, the City ofMiami has committed to this Flagstone group -- andl don't remember the name of project, Mr. Manager, but it's right on Watson Island -- and it's our mega marina. I probably make most of my living, believe it or not, representing the mega yachts through insurance and other ways. It is such a growing industry in the world and such a growing industry in the South Florida area, and maybe not as much a growing industry as it could be and should be if it was nurtured here in the City ofMiami. Certainly, Fort Lauderdale has taken much of that particular mega marina operation. Direktor-Ganell, Riley Marine, these are the big operators up on -- up and down Fort Lauderdale that operate. But we have Merrill -Stevens, and Merrill -Stevens is a first-class operation. As you know, in the construction phase ofMerrill-Stevens, 642 jobs will be created and it will result in about $26 million in earnings. Indirect expenditures will amount to more than forty five thousand -- $45 million; total jobs will be a little over 1,090. Upon completion, it should generate annual revenues of a little over 90 million, 40 percent of that will be certainly only on mega yacht repair 'cause it'll have the ability to handle these very, very large yachts, which are going to be enticed to be in the City of Miami right at the Watson Island marina. And if you think of what we have done -- andl don't know that there was a master plan here 'cause I don't think we're that smart -- but if you think about the operators of these marinas, the people that own it, they all like to have second homes, third homes and fourth homes. We have a reasonably depressed, maybe a depressing condominium market, and the suitability and likelihood of them owning a place on Biscayne Boulevard or up and down the river with Neo Vertika or any of those other first-class, you know, condominiums, I think is very, very high. If they have a place to keep the mega yacht on these -- this various Flagstone project, it certainly will be Merrill -Stevens that think will be the benefactor of having that particular facility. It's been said that 1, 880 jobs will be created and $100 million in earnings will pass through the City. Let me tell you -- andl think you know a smaller version -- and actually, my first case I ever had in my life was with Bertram Yachts, and it's probably the finest producer of what I call the 60- to 110 foot -class vessels made here in Miami. About three years ago, there were being attracted to North Carolina. They were given every tax incentive in the world to leave, and the County wisely afforded them the opportunity to stay on the river; and they're actually expanding -- they'll have a significant increase in jobs here as well, and that's -- that is another, I think, first place -- first-class manufacturer of vessels. Between the year 2000 and today, there existed 80 acres that we dedicated in the City ofMiami to marine industrial. On a case -by -case basis, this Commission has allowed a net loss of 43 acres, which leaves us presently with 37 acres that are dedicated to marine industrial. If you think about that, the City of Miami's portion of the marine -- the shoreline of the river is 4.5 miles, so if you double it with the north and south side, it's 9 miles, leaving only 37 acres. Now, you could have said what you said a moment ago very effectively -- it's still effective today -- but when we were at the height of construction, anything that was fallow on that river certainly probably could have been built upon, but today you have a great deal of land on that river that remains fallow that's not as a result of industrial use. Most of it is now zoned commercial. Reflections on the River, at 201 to 206 Southwest 6th Street, it's vacant. City ofMiami Page 352 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Gonzalez: But that's not in my district. That's in your district. Commissioner Sarnoff. Well, let me -- I'll list them all. Rio Miami, 1001 Northwest 7th Street; MUSP approved, site cleared, 507 units planned; nothing's happening; Miami River Town, 1500 Northwest North River Drive, where the Mahi Shrine Temple was, MUSP approved years ago. Now this was never, to be honest with you, marine industrial, but it's just sitting there vacant. Coastal on the River, across from Curtis Park, 633 units; two huge slips were to be filled. You know that that was reversed by the Third DCA. Brisas del Rio, the former Florida Yacht Basin, 698 residential units. Interestingly enough about Brisas, to tell you how the market changes, Brisas has actually applied very recently to the dredge operation to start dredging its slips so that it can start operating as a marina again. You know, there is such a lack of capacity for ships and for the mooring of ships here in Miami, Florida; very, very difficult to find. The river, as you know, everybody heads up the river come hurricane. So these slips are extremely, extremely valuable. Rio Grande, 2601 -- I know this is yours -- Northwest 16th Road; 167 units; no funding in sight. Again, that site is cleared. I'll give you some numbers -- and this includes my district, Commissioner Sanchez, Commissioner Spence -Jones -- 4,208 residential units have been completed; 3,211 are under construction; just permitted but not going anywhere apparently, 6,548; that's a grand total of 52 buildings on the Miami River just in the City of Miami. Total residential units, 13,967; 3,600 of these units are in your district, so your -- it has changed. Now, there is no doubt that the industry could be doing a better job, no two ways about it. The place that I put up very recently on the -- a photograph of La Coloma, you know, shame on them, and shame on them because they have a very good marina, a well -operating marina, and they don't seem to do the necessary things to keep it in a positive fashion. Now, I did look at the numbers, and you know, I looked at the numbers that were provided to me by the economic analysis of the Miami marine industry; andl was curious too 'cause the numbers were very high. I did notice andl did find that there was a number of peer reviews. Now the peer reviews come from pretty places. I should name them. Peer review by Dr. Rupert Rhodd of the Florida Atlantic University, associate professor of Economics. There's been another peer review done by Gary Jackson, director of Regional Economic Research, Florida Gulf Coast University; and there was a third peer review done by Dr. W. B. -- oh, no, I'm sorry. Yeah -- I'm sorry -- by Dr. Phyllis Isley, the Bureau of Business Research and Economic Development. And whether it is $600 million and 6,100 jobs -- andl know that includes Dade County 'cause I know they didn't just do City ofMiami -- whether it's 466 million and 4,168 jobs, or if it's some variation between those two, the one thing that we need to do in the City ofMiami is do a better job of talking about and getting jobs. Now, with that being said, the disparity between a job in a non -maritime industry versus an industry is actually pretty well described in the table in this particular report. The multiplier effect is significant because the earnings of marine industry personnel is actually above the Dade County mean; and for every one job that's created, you can anticipate 11.5 other jobs will be created. And when we think about, you know, office use or we think about apartment use, for every one job created -- it's actually 1.23 jobs -- you get two jobs. So the multiplier effect is significantly different Now, what do we do about jobs in the City ofMiami? What do we pay for jobs? You know, one of the things I -- when I came on the dais -- I don't remember handing this out. I don't know if any of you ever remember it. It was the subsidized economic development in Miami, a research report by Bruce Niesen and Marcos Feldman for FIU (Florida International University), and it was dated June of 2000 -- July of 2007, and I was kind of astounded to see they were criticizing or critiquing how Miami -Dade County, how we spend on jobs. So to create 3,293 jobs, well, we spent $13, 066,713 for a little over $4, 000 per job. Equally in another program, to create 6, 897 jobs, we spent nineteen million, five hundred and nine dollars [sic] and thirty-three -- three hundred and thirty-five dollars. Unfortunately, they found out that only of those, 1,000 of them happen to have resided in Dade County so that wasn't a very good, you know, outcome; net cost per job, a little under $3, 000. In another targeted incentive program -- this was through the tax funds, and this is where Burger King and Boston Scientific and Ryder Systems all receive money. They spent $13, 453, 775 to create 1,898 jobs, or the average cost per job, $7, 000. So one of the things we don't do a very good job of in the City City ofMiami Page 353 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 ofMiami or Dade County, more namely, is jobs. We don't seem to be able to attract jobs. I know that you view -- I know you don't hold out that the numbers bear fruit of what I've just said in terms of jobs, but the marine industry is a very peculiar industry. It's not an industry of a lot of hustle and bustle, and you don't see a lot of people out there; and I know you believe -- because I've -- I think I've heard the Administration describe their version as the laissez-faire plan, and that means just let it be and the market will set up whatever happens on the river. But we're here today to try to do some planning. And I'm merely suggesting to you, Commissioner Gonzalez, if you just look at what's going to happen in the next three to four to five years, it is very likely it will take the City ofMiami a very long time to absorb all of our condominiums from Biscayne Boulevard to the River to Edgewater. It's just going to take us time to absorb something of the neighborhood of 40, 000 units. And l just caution you if, for right now, you have two or three projects that are even on hold because they can't even get financing, if it wouldn't be better suited to promote the industrial section and see if once this Flagstone property goes online -- and you know, Mr. City Manager, it's my frustration that we're contemplating or considering giving extensions only because this should have happened, andl know they're coming to us in August, and I know I should never say what my vote is, but I know where I'm leaning. You know, if -- this is an idea that this Commission voted for, and if someone's going to prove to me it's none of their fault; it's DERM commitments, whatever it is, then so be it. But ifI find they dragged their feet whatsoever or I find them financially unable to perform under their obligations, then let's cut them loose; because the ability for them to produce jobs on the river, I think is significant. And the ability of those people who are going to come in here with those yachts to buy the condominiums is significant, and we should not let them drag their feet. So Commissioner Gonzalez, I say to you, I know what you saw out there; I saw the same thing that you saw. Commissioner Gonzalez: Yeah. But you know what the difference is? The difference is very simple. The difference is that you see that once in your life when you decide to take a tour because it's an item that is going to come before the Commission, andl have to live with it every day of my life; and I've been living with it every day of my life for the last 20 years that I have worked in that community as an activist, as a community leader, and then as a Commissioner. That is the difference. And let me tell you, I supported Merrill -Steven [sic] a hundred percent and you can call 'em and check with them, okay? I also supported the other company, the Bertram. Bertram has been at that location -- ifI remember correctly, ever since I came from Cuba in 1960, Bertram was there. Andl knew Bertram when Bertram was a tremendous company and had hundreds of employees. I had relatives that work at Bertram, okay, sanding boats, doing sand on boats, okay, and working fiberglass. So I know Bertram. But aside from Bertram and aside from Merrill -Stevens, there is nothing going on on the river. You're telling me about empty slips. You want to see empty slips? There are plenty of empty slips in the river right now. Let me tell you, we have -- you have big yachts that need to (UNINTELLIGIBLE) -- Miami Marina? Go to Hurricane Cove; they have plenty of space. They can't even pay their taxes with what they making over there, and they employ about 20 people themselves, okay, which is more marina. So you know, I know my area, you know, and I'm not looking at -- specifically at con -- about condos. I'm looking at the opportunity to have mixed projects, where I could have commercial, where I can have rental, where I can have residential and commercial and marine all integrated into a project. Believe it or not, I had a group of investors that wanted to invest in a property there andl lost them because the insecurity that they could go and make plans and buy a piece of land and then not be able to develop it, andl lost it. It was something thatl wanted -- was going to create into my community at least a hundred jobs, andl lost it. And that's all I'm asking for. I'm asking for the opportunity to develop my district. It doesn't have to -- I know that condominiums -- you can build whatever amount of condominiums you want now; you won't be able to sell them, and there will be nobody trying to build condos because they know the market is not there and the financing is not there, and the problem that people are having with their credits and all that is not there. The market is not there, but there could be a potential for rentals. There could be a potential for a mixed -use project. There could be a potential for a marine -related type of business that could be integrated into a major project. City ofMiami Page 354 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 But I need to have the flexibility that I don't have now. Like I say when I started, my hands are tied, and you know, if you want to continue to tie my hands, hey, no problem. So be it. Vice Chair Spence -Jones: Let me just -- I don't know if you have anymore to add. I know Commissioner Sanchez wanted to be recognized, but I do want to at least express my trip to the river -- down the river and up the river, but I don't know if you want to speak first. And the reason why I thought it was important for the two Commissioners that are affected by the river to vote first on this issue, you know, to move it and to second it, because, quite frankly, they are the ones that are affected by it the most. And didn't really realize it until actually rode the river, even though I know what my -- where my district is. Most of the properties that we're speaking of were either in Commissioner Sanchez's district and the majority of them was in Commissioner Gonzalez's district. So it was an eye-opening experience for me, you know, seeing that. And so I had a different impression when I went -- before I went, and my impression was a little different after I took the trip, so I do want to share this, but Commissioner Sanchez is recognize -- is reminding me that I'm the Chair, so I'm supposed to -- I'm going to go 'head and yield to him first, but then I would like to at least make my comments regarding the river. Chair Sanchez: Thank you, Madam Chair. Staff I have a question for you. IfI were to make a statement, would the statement be accurate or correct, to say that the Planning staff recommendations for the Miami River would in no way impair the continued use of land for marine industry? Would that be an accurate statement ifI made that statement -- Ms. Gelabert-Sanchez: Yes, it would. Chair Sanchez: -- under your --? It would. Okay. You know, the easiest part about the river is basically the history of the river. That could clearly be said. The hardest thing is how do you balance the river between a working river and a living river? And I've been here ten years, and that's been one of the things that we have had to deal with for the last ten years. Let me tell you something about the issue that has been brought forth here, and that is the marine industry. For years I've been saying on the record that it's an industry that we don't tap into, and it's an industry that we are not capitalizing in because they don't come down to the river; they go to Fort Lauderdale, and then they shoot across the islands; and they just don't come down to the river. Yeah, we're blessed to have Merrill -Stevens and some other great companies that are down there that have stayed there for years and have been able to survive for years. But the river -- our river is a unique place. You know, it reminds me a little bit of the Keys where you could have -- you know, as we've been developing the City, you could have now -- for the first time ever, you could have residential next to marine -industry business, and they're getting along. We don't get the complaints. People calling here saying, hey, you know, I can't sleep at night. You know, it's like a unique character that the river is starting to develop. But you know, when we say the marine industry, you know, I could sit here and point fingers at the marine industry, but I'm not going to do that because if we, as a city, are committed to promoting the marine industry, there's a lot of things that we could do in the City and there's a lot of things that our state government can do and a lot of things that our federal government can do. We all know our federal government gives us money to drain the rivers, and therefore, we could capitalize more on cargos -- of ships coming into the City. But when we address the river in itself and we look at the river and we go, well, what is causing the businesses to leave? And you really have to think about that. Their taxes continue to go up because of the development that's going on next to them and they're being appraised around the property value, and those companies are leaving. But then you have to sit back and say, well, you know, as a city, as a Commissioner who represents that district, who has -- for many years have not seen development, has for so many years continue to fight with the marine industry on land that has been abandoned and an eyesore with no benefit to the City and just headaches to his district Commission [sic] because they continue to call it abandoned, homeless, drug addicts; they're -- you know, things are happening there that shouldn't be happening there. So we look at the industry and we go, well, what can we do? Tallahassee right now has two bills on the floor. You know what those bills are. They City of Miami Page 355 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 benefit the river. They honestly benefit the river. I looked into it. The County right now has a draft resolution to grant deferral to the businesses, and the City should work with them to protect the entire river, and that is we need to provide incentives to the marine industry; not only to keep them there, but to attract more businesses to come down because, yeah, they are good -paying jobs, there's no doubt about it. And as we continue to grow and people move into the City and along the river -- I mean, if you live in the river, chances are you own a boat. But the problem isn't some of the sites on the river. We need more dry dock -- more dry space for the boats. The biggest hurdle there is DERM. Because I -- you know, I'm on top of things. You know, I look at -- it touches my district. It's a part of my district, so I'm on top of these things, these economical things -- economic things that affect my district as well as the entire City. And right now anyone could tell you that the biggest -- Vice Chair Spence -Jones: Hindrance. Chair Sanchez: No. -- hurdle for them is DERM to get these dry storage facilities to park boats. So we need to explore incentives. We need to be able to come out and maybe be more creative to allow mixed -use zoning requirements on ground floor at riverfronts. Commissioner Gonzalez: (INAUDIBLE) realize that DERM is not -- haven't been given any new permits for new slips. Chair Sanchez: Well, based on our research -- andl have this written -- working with DERM- and the County to modnj, slip regulations, currently, if a development fills wet slips to create more land, which they were doing that and apparently, we put a stop to that, the development will fill the slips, but apparently, the biggest hurdle there is DERM not allowing them to build those dry storages. So we, as a local government, need to work with DERM. We need to work with the County. We need to work with the State to promote the marine industry. But once again, on the development side of it, if you drive -- and I'm glad that Commissioner Sarnoff and Commissioner Spence -Jones took a tour up the river. The marine industry isn't against development. I mean, they'll complain that some of their property -- and they're down to 43 acres, you know, but I'm one that says that both can coexist, the City could prosper, the industry could prosper because the more people that come down -- it's just not the marine industry in itself, folks; it's the new restaurants that are coming to the river. It's the new fish market that's coming down to the river. I mean, we need to promote this to have a beautiful river walk that we could walk along the river from the mouth of the river and hopefully get all the way up to 27th Avenue, which is -- you know, it's pretty hard to do that. But mean, we could come up with a decent river walk where people can enjoy to go out with their family and be able to enjoy one of the greatest treasures that we have, which is the river. So I'm telling you, we, as a City, need to work with all the entities to be able to promote marine industry. But once again, the number -one obstacle is, if we don't find a way to cap their taxes, those property owners are going to sell. I don't care what you say. I don't care what you do. If the money's right, they're going to sell. And we've even had people come here to promote the river, and they're the ones that have been able to sell their property or want to rezone their property. So we need to work with the river industry. Andl think that we could benefit more in finding incentives to these businesses and providing more of a city friendly, work with other entities to be able to address their concerns. And, Commissioner, you know what? You've been here for quite some time and you're a big promoter of your district. I have to respect -- I have to be able to allow each Commissioner, on a basic by basic, to make a decision. And you know what? I know you get criticized for not being marine friendly, but at the end of the day, I think you stated it on the record, that you're willing to support the marine industry -- andl support the marine industry a hundred percent. I can't give you everything you want. I can never give everybody a hundred percent of what they want, but at -- you know, I think that we need to have a commitment from this legislative body, as well as the Mayor, to work with the river industry to assist them in accomplishing what they want to do; and it's to attract more businesses. And if we're able to attract more mega yachts, which - - listen, we've got to get that mega yacht marina built at Watson Island There is no ifs and buts City of Miami Page 356 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 about that. Hundred slips, mega yacht marinas. Folks, when they dock those big ships there -- you know what they say about a boat, it's like having a big hole in the water where you throw away money. Well, people don't throw away their money because, first of all, they have the money to spend and they spend it on services; and when you spend it on services, you're providing jobs for people that are going to provide that services [sic]. And the marine industry is an industry that provides a lot of jobs and money, so we need to be more friendly towards that industry. But having said that -- Commissioner Gonzalez: Let me -- Chair Sanchez: -- these are just recommendations that I make. Commissioner Gonzalez: -- tell you. One -- that's another type of business that I've been looking at, you know, to have a couple of restaurants built in the waterfront. That's an attraction. A lot of people would love to be able to go and have lunch and have dinner, you know, on -- next to the water, you know. I can't do it. Yesterday -- just last night -- last night went by 16Road, between 26 and 27th Avenue, there were two related -- marine -related businesses, small shops that repair motors and they did canvasses and upholstery, they're gone, as of last night. So you know, instead of getting new businesses, I'm losing businesses. Every two or three months, I notice another business is gone and another one is gone, you know, and that -- you know what that creates? Now that those two properties are empty and pretty soon, I'm going to start having homelesses [sic] there and I'm going to have people using the property to sell crack or to use crack, and then I'm going to start having the neighbors calling me. Vice Chair Spence -Jones: You already have the neighbors calling you. Commissioner Gonzalez: Just -- right. Chair Sanchez: Planning and Zoning, in other states in the United States that are -- in the coastline and deal with waterfront, they're allowed to have mixed -use zoning on their ground floor to address marine/commercial use. Are we promoting that? Ms. Gelabert-Sanchez: On the -- on those zoning categories where we have commercial, that's what we promote. When the projects come in that we review -- on the projects that you mentioned, we also actually are requesting that they do commercial; and the purpose is do exactly what some of you have described is to activate it, to be able to provide the access to the people to the water. We encourage the use of restaurants. Again, on the projects, we usually try to encourage those commercial in addition to the bay walk and the river walk. So the answer is yes, we do. Chair Sanchez: Just an example, I don't -- I can't afford a boat, but I could rent a boat, you know. I could rent a boat from waterfront, first floor rent a boat, and go down the river, or go out to the river, go out to the bay. Those type of things where we could be promoting those elements. Ms. Gelabert-Sanchez: We do that. We promote them. Actually, there was an application some time ago -- I lost track of time on how -- but it was a C-2, and what they work with us in order to be able to create the -- I believe it was in the area of little Havana -- in order to create the restaurant, they put the higher density on the upland area to allow for the restaurant on the bay walk and reduced -- and be able to encourage those uses to be on the public. So actually, we did that through design review. They could have done most of the height on the river, but there would not have been any room for a restaurant, and so they were -- you know, through design review, they flipped it, so that's something that Zoning allowing. That's a use that we always encourage. Again, it's to have access to the water and be able to use it. City of Miami Page 357 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: All right. Vice Chair Spence -Jones: Commissioner Regalado, you're recognized. I know you had your hand up for a few minutes. Commissioner Regalado: Thank you. Thank you very much. And this is really interesting, and I am very, very interested in the river for many reasons. Our district, district that I represent, doesn't even have a canal. The only water I have is the flooding every time it rains and we have not been able to fix it. But it is important to understand that we all vote as the City ofMiami, and it is important also to understand that we have a tool here in the river to be another engine and that it could coexist, and l fully agree with Commissioner Gonzalez, Commissioner Sanchez, and all of the -- Commissioner Sarnoff and Commissioner Michelle Spence -Jones that everything can coexist in the river. There are some thing -- some people may say, well, you know, this guy doesn't see the big picture. I look at the details. That's my training. That's what do. That's what I've done all my life is trying to get the facts, trying to get the details to report what it's really all about. Number one, I think that we in the City have not help, not the marine industry; all the industry, all the businesses throughout the river. There is one instance that we could say, for instance, in -- let's take Northwest North River Drive, three restaurants in a row. The problem that they have is parking. They don't have parking. They only have parking meters, and Miami Parking Authority is enforcing those meters Monday through Friday, to 10 p.m., Saturday and Sunday to 8 p.m., so what happen is that whoever goes to eat in one of those restaurants and gets a $58 ticket, it will never come back and, of course, goes to raise hell inside those restaurants. This happens all the time. That's one thing that we are not business friendly. Miami 21, they offer the plans. When they show the plans to the two restaurants in Northwest North River Drive of the public boardwalk and the need for 20 feet, they measure and they found that the first table would had been at the valet parking, the restaurant is gone. So they live with the fear ofMiami 21 and what's going to happen, and what are they going to do to us if we have to rebuild, if we have to --? Then there is DERM. DERM is continuing their enforcement for anything at all in the Miami River in the business area from 12th to the river. As a matter of fact, today, at 9 a.m., the government operations committee ofMiami-Dade County Board of Commissioners approved one business, a marina -- I mean, it approve the recommendation of DERM to approve -- and it's going to the Board of County Commissioners on Monday to license the first marina in the last, I would say, five, ten years, in the Miami River within the City of Miami, and it's in Northwest North River Drive. If they did waive the four -day rule, it would be - - go to the County Commission on the -- let's see, on Thursday, and it will be voted on. So we've had one -- problem is that they have place so many restrictions and so many issues on the covenant that probably it won't be able to survive. By the way, the County Commission is about to appoint a committee to change or study the manatees lost. I don't know how many people in the Administration had been called to serve on that committee because we own the City, part of the river, but I don't think that the Administration has been called to serve on that committee, each of the 13 Commissioners and the Mayor will be appointed. One person, who would decide what's -- what can transit or not on the river, not only on the County part, but on the City part because of the -- and the inlets because of the manatee lost of the state of Florida. I think that you all are right; we should work together, but we are not. We are not helping the business in the river. We are not helping the people that really want to just work and do something. We have an abandoned property in -- next to the WASA (Water and Sewage Authority) building in Northwest North River Drive that has been there forever, and actually, the City spent like two or $3 million for a park or for something across Lummus Park, and never happen anything at all. So we need to be -- you know, we need to look within ourself [sic] and say, yeah, okay, we going to work. We going to do something for the river. We going to be proactive with the County. We going to be proactive with the State. But one thing have to tell you guys, and Commissioner Gonzalez, you're right, I have not got in a boat to tour the Miami River for several years because I get dizzy, very dizzy on boats. There's nothing can do about it. But do go around andl see what is going on in the river in your area, and in downtown, in the -- near the MRC building. Commissioner Gonzalez: But let me offer you something. If you want to take a tour of the river, City ofMiami Page 358 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 let me know andl will get you a big boat where you won't get dizzy. I will get you a 40-footer or a 50-footer and -- because I'm interested that you -- Commissioner Regalado: Commissioner -- Commissioner Gonzalez: -- see the reality. You're running for Mayor of this City -- Commissioner Regalado: Commissioner -- Commissioner Gonzalez: -- okay -- Commissioner Regalado: -- I was -- Commissioner Gonzalez: -- and you should be a hundred percent -- Commissioner Regalado: I work with you. Commissioner Gonzalez: -- aware of what's going on over there. Commissioner Regalado: Because let me tell you, I was on board the USS (UNINTELLIGIBLE) Commissioner Gonzalez: And you got dizzy? Commissioner Regalado: -- in Guantanamo Bay going to Haiti several years ago, andl was dizzy on the USS -- Commissioner Gonzalez: I got -- Commissioner Regalado: -- (UNINTELLIGIBLE). That's a big boat. But having said that, look, you are the stakeholders and you know to decide what is best for the river. I can tell you something. Number one, in November 2 of this year, we will be able to vote on six amendment [sic] to the Constitution of the state of Florida. One of them will probably solve what you say, the taxes, which will mandate that properties should be tax by the income. That is an amendment of -- to the Constitution of the state of Florida. That same day the new property appraisal [sic] will be elected by the voters ofMiami-Dade County. To my knowledge -- andl have interview both -- both candidates are saying that they will immediately implement income and not future use as the way to tax the property. Mr. Jean Shed (phonetic), the former DEA (Drug Enforcement Agency) agent, and Gwen Margolis, former County Commissioner, chairman and senator, those are the two candidate [sic]. Both have committed to that, so that part is solved. Now the problem that I think that we all going to have is to decide just a little word, port. The Administration say that they need to get rid of the port. Fine. They say that it's not an element; it's not important, but -- and you say that you're able to live with business and marine andl do, andl will support what you do. But here's the situation. On September 11, 2001, the world change for us. After that date, we, in the United States, have different rules and different requirements. Nobody knew before that of Homeland Security or even the National Security Agency. Nobody knew about ICE (Immigration and Customs Enforcement), for immigration, or lack of civil rights when getting -- dealing with potential terrorism. The river ofMiami, according to Homeland Security, is one of the prime targets for terrorism in the United States and in the state of Florida. In Miami -Dade County, we have 360 potential targets; within the City ofMiami, we have more than 70, being the Miami River the number -one target because it has ships with containers. On a container, we all know that anybody can get WMDs (Weapons ofMass Destruction), and that is the end of life in the United States as we know it here. So I don't know, by removing the word port, how much damage we are doing to the national security City ofMiami Page 359 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Gonzalez: It won't do -- Commissioner Regalado: -- of (UNINTELLIGIBLE)? Commissioner Gonzalez: -- any damage. I spoke to -- Commissioner Regalado: Well -- Commissioner Gonzalez: -- Ansel (phonetic) Noriega (phonetic), a consultant to Homeland Defense, and everything that you have stated is exactly what he told me. And they are assigning this amount of dollars not because the river was called the Port ofMiami River or whatever; it's because of the fact of the importance in security of these ships. Remember that 98 percent of these ships, 98 percent or probably 99 percent of these ships, they go to the County side of the river. They don't even anchor in the City ofMiami. They travel the entire City to the end, past 27th Avenue, and that's where they do their unloading and loading. But -- Commissioner Regalado: No. But -- but Commissioner, the threat -- the immediate threat is not that they go to the County side. The immediate threat is a ship with container, with WMD exploding -- Commissioner Gonzalez: Oh, yeah. Commissioner Regalado: -- on the mouth of the Miami River -- Commissioner Gonzalez: Oh, definitely. Commissioner Regalado: -- and killing half a million people in downtown Miami. Commissioner Gonzalez: Definitely. That will happen -- Commissioner Regalado: That's -- Commissioner Gonzalez: -- anywhere. Commissioner Regalado: -- that is the main concern of Homeland Security, and I know that for a fact. I know that there is a task force that has been impaneled of different agencies and many that we don't even know about it to deal with the river. So I'm just saying to you, look, I'll go along with you guys about development and protection of marine industry, but we need to get more than "hope" that we're going to help the business and the industry. We should be more proactive, and let me tell you, we should be very careful in terms of the security of the river, whether it's the County or the City part, because we have the most dangerous area of the river in terms of security. I would -- I don't know how it would affect to take or don't take away the word port. I don't know what it really means, but I do know that the Miami River is, no doubt, number -one target for any potential terrorism, and we should be very, very, very careful about what we do and what we plan for the river. So that's all wanted to say. Thank you. Commissioner Gonzalez: Madam Chair -- Vice Chair Spence -Jones: Okay. Yes. Commissioner Gonzalez: -- if you allow me to expound a little bit on -- if you allow me? Vice Chair Spence -Jones: Yes, sir. Andl do want to just make my comments about the river, and then I'd like for us to at least vote and then have everyone give their amendments. City ofMiami Page 360 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Gonzalez: Okay. In just two seconds -- in just two minutes, going back to the numbers proffered by Commissioner Sarnoff, I can understand how this industry deals with so many millions, hundreds of millions of dollars when they have 28 companies located within about five buildings. I don't know if you're aware there is some of these one-story buildings that hold three and four occupational licenses, and they have one license for freight forward, they have one license for shipping, they have another license, okay -- so that's a concern. I don't know much about business, butl do know a little bit. So many millions of -- hundreds of millions and [sic] dollars and they only have 109 employees throughout the entire industry, and that's -- that doesn't include the entire industry because there are some businesses that are not marine -related and that will have to deduct the number of employees. I can give you, for example, the company that employees the MUSP employees is Antillean Marine, which is at 3050 Northwest North River Drive. That's on the north side of the river. The rest of the businesses -- Jones Boat Yard, 21 employees; the rest are five employees, four employees, two employees, one, three, two, two, five, two, three, four, three, three, one, four, one, one, two, three, one. A lot of these businesses are one-man operation. In reference to Commissioner Sanchez statement that my relationship with the river of people -- I never had anything with the - - against the river -- the marine industry. I always had my doors open to them. I was always willing to work with them, but what I could not accept was their imposition that it was either their way or no way. Because I'm not -- I wasn't elected to represent one single group; I was elected to represent, as we all have, entire communities and neighborhoods, so you know -- and my first problem with the industry was a business located on 22ndAvenue and the river that were loading and unloading containers over the size, over the height that was approved by the law, which was four, and they were stacking up to six and seven, okay, and the neighbors call me. The noise and the containers and the whole nine yard. I sent Code Enforcement. We tried to clean up their act. Unfortunately, they didn't like that, but that's my obligation. If it would have happen in your districts, you would have do the same thing, okay? Then later on, they behave. They started stacking their containers the proper way. They reduce the noise. They change their operation, and ever since, you know, everybody's happy, everybody's pleased. I haven't had any more complaints. I don't have any problems with them. But let the record reflect that I do support the industry; that I would love to have a lot more of those businesses, but reality is, that is not happening. People are not interested. And if -- and I'm trying to attract any kind of business. Whatl want to do is I want to bring economic development, I want to bring jobs, andl want to bring opportunity to the -- not only to the people of my district because there will be people going to work over there from every district and from where -- everywhere in the City ofMiami. Vice Chair Spence -Jones: Okay. All right, so we got a chance to hear from everyone. We're going to vote on this -- on -- well, we had a motion and a second already. Commissioner Gonzalez: Right. Vice Chair Spence -Jones: But what I want to do is I would like to at least make my comments first before we actually pass it. Like Commissioner Sarnoff, I did have the opportunity to actually tour the river, and both sides, you know, the sides closest to Brickell and the side, you know, that ends in Commissioner Gonzalez's district. My area, again, most of the properties within my district are all commercial. I believe I only have really one or two locations within my district, Merrill -Stevens being one, and then another smaller area that's closer to MRC. I'm going to tell you what my concerns when I visited with Ana. It was obvious to me that definitely there was no real attention that had been put on the river. When I asked the question about the last time that there was a master plan that had been created for the river, it was stated that it was created back in 1992, andl was concerned about that plan because to me, you know, a lot has changed since 1992 and a lot of -- and nothing really has moved in any particular direction since 1992 and no additional plans were created since then. So I was concerned with the fact that there was no real attention placed on it from the City government to support the Miami City ofMiami Page 361 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 River Commission from the standpoint of redeveloping the area, so they could attract businesses to the area. So that was my first red flag. The other thing that I was concerned also about was I know that have a section in -- or at least on the river called Lummus Landing, which is close to Garcia's, andl had been working at least for almost -- at least a year and a half, maybe two years with the Miami River Commission to at least put together some sort of overall plan to create an outdoor seafood market or something along that line for the fishermen that actually come up and down the river. And again, never really having the strong support to really move it in that direction -- so I have had my challenges from a staff standpoint of that same kind of conversation that I'm hearing from Commissioner Regalado about, you know, my business is like Garcia's and the other ones that line up on North River Drive. Having the real support from City government to really help build or support the existing businesses that were there or to attract existing -- or bring businesses there has been a problem, a communication problem between the City and, you know, the marine industry or commercial businesses that are -- exist on the river, so I do know that that was the case. So I want to acknowledge, you know, my concerns when, you know, I rode with Ana regarding the whole issue -- and the Manager regarding the issue of what's happening on the river. Now, so to me, I think the City has not really done its part to really protect or support or to drive the industry there. That's just bottom line. It's obvious when you go down the Miami River, you see that. Now, I want to switch hats for a minute because, you know, on Commissioner Sarnoffs side of the river, things seem to be booming on his side of the river, but clearly, as we get towards Commissioner -- or at least in Commissioner Sanchez's district and Commissioner Gonzalez's district, there're a lot of problems, and the first things that I recognized with -- along with Ana was the fact that there were a number of abandoned properties, abandoned boats lining the river, and it was very discouraging to see, you know, us have such a beautiful resource like the river, and yet and still, the way that the river actually looked -- you know, it was actually very discouraging, andl saw countless number of buildings. And then my question shifted to Ana regarding the issue of the people that actually had businesses, you know, not the abandoned properties, but the people that had businesses on the river and operating those businesses, how there was not at least a consistent look and feel of the river from the standpoint of painting the buildings to at least -- even if you don't have a lot of resources, to at least make, you know, your business or your property look clean and descent and in order, and when I rode down the river, I didn't see -- I -- there was very few properties that saw that on. Andl know that, you know, staff and everybody's been talking about Merrill -Stevens, and you know, I think that Merrill -Stevens is doing a great, wonderful job, and I'm glad that we do have him on the river for those good jobs, but it's people like the River Terminal, you know, that -- you know, I know that service areas like Haiti and other countries in the Caribbean that may not be doing the same type of business as Merrill -Stevens, but yet and still, I think that they have some value to the people ofMiami, at least the working class people in the City ofMiami because they utilize those kind of services to ship to their countries that need these items that they may not be able to get any other way, so I did have concerns and I expressed that to Ana, you know. You know, for me, I think that it's great for us to want to attract that kind of business because I know that Merrill -Stevens kind of business -- because that looks great for the City, but also felt that it was important for those working class people that may not have these full-time jobs that we always say are jobs, you know, but there are part-time positions -- any job that a person can have in the City ofMiami on the river, anywhere in Miami, is valuable and should be protected and supported, and we have to find incentives to continue to support people like River Terminal and other businesses that are doing similar kind of work so that they can continue to strive and support not only people here, but people in countries that can't afford it. And thought about, you know, the issue of this whole title of the port because I pushed very hard -- and staff can tell you -- on this issue of keeping the title of port in it, and when it was kind of explained to me -- and it made a lot of sense, you know. We -- you know, you have Port of Everglades and you have Port of Miami, and the confusion that that can sometimes create, you know, with having two different ports, period, in Miami, andl kind of agreed with the viewpoint of not maybe perhaps having a port title in it, but maybe creating some other title that would include the river being a working river, you know, andl think I've had that discussion with the Manager and Ana to see if that is a way -- if City ofMiami Page 362 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 there is a way to make that happen. I do -- I have to say this. Commissioner Gonzalez has -- he has been a champion for his district, andl know how challenging it is to get things done when -- and -- when you don't really see progress happening; you want to try to do anything you can do to see things happen. I mean, the same challenges -- when I rode down -- I'm going to be honest with you -- the Miami River, the first place I thought about was Overtown, in certain portions of Overtown, and how some of those areas in Overtown had been abandoned for a very long time, and the same type of conditions were existing similar to what was happening on the Miami River, andl recall, you know, coming in the office for the very first time and pushing very hard to want to get some things done in Overtown and receiving or getting resistance for change, you know, and that people wanted to only see it from one perspective. And know how difficult and challenging that is when you really, really trying to do something. So I would want the Commissioner or any Commissioner to support me on what I'm trying to get done in my district, and I've received that support from all of the district Commissioners that sit on this dais with me. I'm just hoping that in the midst of whatever the amended changes that we're going to bring about today regarding the river, there is at least a middle ground for everyone. I do believe that both things can coexist. I do believe that we can have, you know, support from marine industrial, support for residential, support for commercial. You know, I believe that those -- all three of those things can coexist on the river. I would just want to see and make sure that in the midst of all of this, that there is some language put into the -- to this overall plan that at least motivates or at least directs us from the City perspective to make sure that marine industry becomes one of our priorities in protecting the river. I think that is extremely important for us today before we close out on this issue. I think that this is probably, out of all of the things that we've had to discuss, was probably the hottest topic out of all of them because nobody in the City ofMiami wants to lose jobs. I mean, not one person sitting on this dais would ever admit or say that we want to lose jobs or not have jobs or create jobs. I mean, we would be crazy to say that. And we want all types of jobs because the reality is everyone's not going to be able to afford the Merrill -Stevens or be able to get the Merrill -Stevens type jobs, the $25, the $30 an hour jobs. Some people are going to have to work for River Terminal and make, you know, a little lower than that. And Miami -- that's the beautiful thing about Miami is that you're able to have a mixture of both and create a beautiful city. So in that, I just wanted to at least add -- andl'm hoping that in the midst of all of this, we can agree to support both on both ends. I think that the PAB came up with some great suggestions regarding the Miami River, and hopefully, we can include some of those in our discussions today, but that's really my viewpoint. I support you 100 percent, Commissioner Gonzalez, on what you're trying to do for your district, andl'm hoping that we can continue to work to support the industry at the same time so that one is not lost in the midst of it -- in the midst of this. So with that being said -- Chair Sanchez: Call the question. Vice Chair Spence -Jones: -- I'm -- I got this. With that being said, we had a motion and we had a second, so all in favor? The Commission (Collectively): Aye. Ms. Thompson: Chair -- Vice Chair, before you take a vote, I just want to make sure your records are clear. Vice Chair Spence -Jones: Sure. Ms. Thompson: I'm assuming that you're voting on what would be considered as Exhibit B? Okay. It is a two page document, and that's what we're voting on at this point. Vice Chair Spence -Jones: Right. And we're voting on PAB's recommendations of that, correct? Commissioner Gonzalez: Correct. City ofMiami Page 363 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Ana, the PAB's recommendations. Ms. Gelabert-Sanchez: No. Chair Sanchez: No. Ms. Gelabert-Sanchez: You're voting on the Planning Department's -- Commissioner Gonzalez: The Planning Department -- Ms. Gelabert-Sanchez: -- recommendation and -- Vice Chair Spence -Jones: Planning -- Commissioner Gonzalez: -- recommendation. Ms. Gelabert-Sanchez: -- that is what Exhibit B is. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: With the PAB amendments. Vice Chair Spence -Jones: With the PAB amendments. Commissioner Gonzalez: Right. Vice Chair Spence -Jones: Okay? Ms. Gelabert-Sanchez: No. If the PAB -- Chair Sanchez: No? Ms. Gelabert-Sanchez: -- no. The PAB has their recommendations. The Planning Department brought our recommendation to the Planning Advisory Board; they did not vote in favor. They presented the version that you have in your book also, which would be the first part of the document. Exhibit B is the Administration's recommendation on this Miami River subelement. Vice Chair Spence -Jones: Okay. But -- so we can vote on the Planning part of it, but then still turn around and if we have a -- what -- are you saying --? I'm sorry. We can vote on the Planning part of it now and still add our amendments to it. Is that correct? Chair Sanchez: Afterward, yes. Vice Chair Spence -Jones: Afterwards. Unidentified Speaker: Yes, you could. Vice Chair Spence -Jones: Which means they could include some of the PAB's recommendations, correct? Commissioner Gonzalez: Yeah. Ms. Gelabert-Sanchez: Correct, yes. City of Miami Page 364 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Okay. So just so that we could deal with -- Commissioner Gonzalez: Same thing that we did with the other plan. Vice Chair Spence -Jones: Yeah, but it was a little different because PAB was not in -- Chair Sanchez: I'll take it. Vice Chair Spence -Jones: Okay. Correct? Unidentified Speaker: Yes. Vice Chair Spence -Jones: Okay. So we're going to go' head and take a vote on this and then we're going to ask for the amendments to the overall Miami -- the river plan. Chair Sanchez: Roll call. Commissioner Gonzalez: I would like to wait for Commissioner Regalado to be here -- Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: -- so we have a full Commission. Chair Sanchez: All right. While we wait for the Commissioner on that -- Vice Chair Spence -Jones: You want to -- Chair Sanchez: -- and I'm sure that after we vote on this, we're going to have some amendments proffered by some of the Commissioners. I think this is the perfect time for us to put our money where our mouth is when it comes to the marine industry, all right. The issues have been addressed. Okay, his daughter had an emergency and he had to leave, so he's no longer -- Commissioner Gonzalez: He had to leave? Chair Sanchez: Yes. Vice Chair Spence -Jones: His daughter. Chair Sanchez: So -- Commissioner Gonzalez: All right. Let's vote on it. He a stated that he will support -- Vice Chair Spence -Jones: He stated on the record he would support it. Commissioner Gonzalez: Yeah. Chair Sanchez: All right. Let's go with a roll call and then -- Ms. Thompson: Roll call. Commissioner Sarnoff? Commissioner Sarnoff. I have to vote no, Commissioner Gonzalez, and I don't do so -- I do so with a heavy heart because I really -- Commissioner Gonzalez: No problem. City of Miami Page 365 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Sarnoff. -- I admire you up here and I admire what you're doing. Chair Sanchez: You do it with a tear in your eye. Commissioner Gonzalez: I understand. Commissioner Sarnoff. I understand his position. I do. And I understand he -- I understand -- and maybe in his shoes, I would do the exact same thing, but I think once you allow it to go Laissez-fair, I don't think you're going to have a marine industry. I hope I'm wrong, and I -- you know, I support you in everything you do, but I don't think this is the right thing on a professional basis. Commissioner Gonzalez: All right. Ms. Thompson: Okay. Continuing with the roll call, Chair Sanchez? Chair Sanchez: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Vice Chairman [sic] Spence -Jones? Vice Chair Spence -Jones: Yes, with my amendments, though. Ms. Thompson: Okay. Then that motion has been approved, 3/1. Chair Sanchez: All right. Do you want to do the amendments or do you want to recognize me for some legislations pertaining to the river? Vice Chair Spence -Jones: I want to go 'head and get the amendments out of the way. I think it's important to do that. Chair Sanchez: Okay. I'll take the chair back. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. Any amendments. Vice Chair Spence -Jones: Yes. Chair Sanchez: Any amendments to the plan? All right. Let's identify the amendments on -- Vice Chair Spence -Jones: Okay. Chair Sanchez: -- Exhibit -- Vice Chair Spence -Jones: What I'd like to make an amendment on is Goal PA-3-3 [sic]. Chair Sanchez: Which one? Vice Chair Spence -Jones: Goal PA -- Chair Sanchez: What number? Give me a number. City of Miami Page 366 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Gonzalez: One. Chair Sanchez: PA-3, I got it. Twenty-two. There is -- it's just Miami River. Vice Chair Spence -Jones: Right. I just wanted -- I wanted -- Commissioner Gonzalez: What page are you in? Chair Sanchez: It -- yeah. And it's just to amend the -- just along the Miami River, right? Vice Chair Spence -Jones: Yeah. I just wanted to -- I wanted to just add onto -- Ms. Thompson: I'm sorry. I can't hear you, Commissioner. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: Miami River. Vice Chair Spence -Jones: I'm sorry. I just wanted to add onto -- because I think it's important to add onto it. Ms. Thompson: Where exactly --? Vice Chair Spence -Jones: PA-3. Commissioner Gonzalez: Okay. Ms. Thompson: Is that in Exhibit B? Vice Chair Spence -Jones: B, yes, ma'am. Chair Sanchez: C. Ms. Thompson: The first page or the second page? First -- Vice Chair Spence -Jones: First page, yeah. First page, under goal. I want to add while acknowledging the -- I'm sorry. PA-3, first page -- Unidentified Speaker: Okay. Vice Chair Spence -Jones: -- first paragraph. Ms. Thompson: Okay. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: Okay. All want to add to that is while acknowledging the history of marine -- of the marine -industrial youth [sic] along the river as of -- as vital to its economic development at the end of the paragraph. I think it's important to add that. That was not existing in the language, andl think that it's really important for that to be a part of the overall comp plan to recognize -- Chair Sanchez: All right. City of Miami Page 367 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: -- that it's vital to the -- to economic development. The other one that I wanted to also add -- Chair Sanchez: But is it the same one? Let's do it separately. Commissioner Gonzalez: All right. Let's vote on that one. Chair Sanchez: Yeah. Let's vote -- is it the same number? Commissioner Gonzalez: I'll second that one. Chair Sanchez: Is it under the same element? Vice Chair Spence -Jones: It's 3 -- Chair Sanchez: No, no, no, no, no. Let's do it. PA-3, right? Vice Chair Spence -Jones: Yes. Chair Sanchez: PA-3. Vice Chair Spence -Jones: Yes. Chair Sanchez: All right. I want to hear from the Administration. Ms. Sanchez: We have no problem with that, Commissioners. Chair Sanchez: Okay. There's an amendment, there's a second. 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. What's the other amendment? Vice Chair Spence -Jones: The other one is 3.1.1. Chair Sanchez: PA-3.1.1. What amendment is that? Vice Chair Spence -Jones: And it's policy PA -- it's on the same page. Chair Sanchez: What's -- okay. But what paragraph? Vice Chair Spence -Jones: The third -- Ms. Sanchez: It's the third paragraph. Vice Chair Spence -Jones: -- it's like the third one, yeah. Chair Sanchez: Third paragraph -- Ms. Sanchez: -- Commissioners, in the comp, policy PA-3.1.1. Vice Chair Spence -Jones: And it says including the use of water taxi, water pleasure crafts, and I want to add on that "and in the general marine industry -- industrial uses." I want to definitely City of Miami Page 368 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 add that. Chair Sanchez: Okay. Commissioner Gonzalez: Okay. While -- Chair Sanchez: Administration. Commissioner Gonzalez: -- not excluding residential uses without such activity, right? Chair Sanchez: Yes. Vice Chair Spence -Jones: Yeah, that's in there. Commissioner Gonzalez: All right. Commissioner Sarnoff. What is the amendment? Commissioner Gonzalez: Second that, too. You don't have a problem with that, right? Ms. Sanchez: No, Commissioner, we don't. Commissioner Gonzalez: All right. Second that, too. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. There's a motion and a second. Discussion on the item. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: All right. Vice Chair Spence -Jones: Okay. And the only thing that would like to also add -- andl know the Administration is not happy about me adding it, but I'm going to add it anyway. Chair Sanchez: All right. Vice Chair Spence -Jones: I would like -- I know that we cannot use the Port ofMiami River, but in our research, we were able to find that we can use "Working Miami River." Chair Sanchez: Working Miami -- Vice Chair Spence -Jones: Yes. Chair Sanchez: -- river. Ms. Sanchez: Yes. Commissioner Gonzalez: That is -- let me tell you what the problem is, okay? You have attorneys sitting over there that are just waiting for the minimum opportunity and the minimum sentence and the -- you don't know how attorneys work, but I do, okay? Chair Sanchez: Dickman, he's referring to you. City ofMiami Page 369 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Commissioner Gonzalez: They wait for the last -- for -- just for one word -- one sentence, one letter to go running to court with that, okay? Chair Sanchez: Hey, and Commissioner Sarnoff is laughing over here. Commissioner Gonzalez: So I really -- you know, it's my district. Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: You -- it had been very kind of you to support me, but either you support me all the way or you don't support me, you know. Vice Chair Spence -Jones: Okay. So this is whatl want to have clarity because -- Commissioner Gonzalez: I -- you know, the Miami River, as far as I'm concerned, is the Miami River. It's not a working river. It's not a port. The port is the one that is at Dodge Island. That's the Port of Miami, Dodge Island. Chair Sanchez: Okay. Vice Chair Spence -Jones: Okay. Can I ask the City Attorney a --? Chair Sanchez: Would you accept a friendly amendment, Party River? Vice Chair Spence -Jones: Okay. I just need to ask Mr. -- Ms. City Attorney. Commissioner Gonzalez: You know, there is a saying in Spanish that says you cannot be good -- you cannot be in agreement with the devil and with God; you have to -- Chair Sanchez: Oh. Commissioner Gonzalez: -- take -- Vice Chair Spence -Jones: I want to be in agreement with God -- Commissioner Gonzalez: -- you know. Vice Chair Spence -Jones: -- not the devil. Chair Sanchez: A lot of people do that around here. Commissioner Gonzalez: So we are on the same side. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: So we are on the same side. Chair Sanchez: All right, all right, all right. Vice Chair Spence -Jones: Okay. I just want to get clarity on it because to me, working -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- honestly, to me working means more than one thing. City of Miami Page 370 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: Okay. Vice Chair Spence -Jones: It does not just mean industrial. Chair Sanchez: So you want to proffer that motion? Vice Chair Spence -Jones: No. I want to finish my statement, okay. Working -- Commissioner Gonzalez, to me, working means more than one thing. Working means more than just industrial. Working means -- Commissioner Gonzalez: I know. Vice Chair Spence -Jones: -- commercial, but -- Commissioner Gonzalez: -- means to you -- Vice Chair Spence -Jones: It can mean anything. Commissioner Gonzalez: -- we know what it means to each of us, you know, but you don't know what it means to them. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: Okay? Chair Sanchez: Okay. Vice Chair Spence -Jones: Ms. City Attorney, can you please explain to me why --? Chair Sanchez: All right. Commissioner Gonzalez: But it's actually a river. The Miami River is a river. Vice Chair Spence -Jones: But I've been told that this terminology has been used on the river before, not this particular river, but on -- Commissioner Gonzalez: Not really. This terminology was used by Commissioner Regalado at the last Commission meeting that he said remember that the Miami River is a working river, you know. Well, you know -- Chair Sanchez: All right. Commissioner Gonzalez: -- 20th Street is a -- Chair Sanchez: Vice -- Commissioner Gonzalez: -- working street and this chamber is a working chamber, you know. Vice Chair Spence -Jones: Okay. Can you just --? If you could just clarify it for me, Ms. -- Madam City Attorney. Ms. Bru: Commissioner, I, as your City Attorney, would recommend against describing the Miami River -- Chair Sanchez: All right. City of Miami Page 371 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Bru: -- as a working river for all the good reasons that Commissioner Gonzalez -- Vice Chair Spence -Jones: -- okay. Ms. Bru: -- has expressed, and precisely because we had issues with the ambiguity of our document, the way it was previously expressed. Commissioner Gonzalez: Exactly. Ms. Bru: We ended up in court three times because we called something a port ofMiami when in fact, the description referred to individual businesses. I would avoid using that word. That word is being used more and more if state statute, in County ordinances. It has specific meanings, which may or may not be what we intend. So to avoid ambiguity, this document should be clear and tight. I would avoid a phrase that is not necessary. Chair Sanchez: All right. But you have no objections to Party River? Commissioner Gonzalez: And there is another saying in Spanish that said God, save me from attorneys. Chair Sanchez: All right. Vice Chair Spence -Jones: Okay. So I just wanted to have clarity. So in your legal opinion, you're saying thatl cannot -- because that was one of the big things that we went back and forth fighting on, why can't we have port, why can't we have port? And so we came up with this Working Miami River thing, and so you're now saying that that cannot work either? Ms. Bru: Well, I'm saying that I recommend highly against it. Commissioner Gonzalez: That we don't use that word. Chair Sanchez: Okay. All right. So apparently, you -- Vice Chair Spence -Jones: So in other words, we may be sued? Chair Sanchez: In other words, you don't have a motion, right? Commissioner Gonzalez: So she got two amendments. Chair Sanchez: No, no, no, no, no. She didn't -- Commissioner Gonzalez: Voted on. Chair Sanchez: Yeah, you passed two amendments. Are you withdrawing this one or you're --? Vice Chair Spence -Jones: Well, obviously, I'm not going to get a second, but I'm going to -- I would like to -- Chair Sanchez: You're going to try? You're going to go down fighting? All right. There's a motion by the Vice Chair. Second? Ms. Thompson: Chair. Chair Sanchez: You went down fighting. No second. All right. City ofMiami Page 372 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Thompson: Never mind. Chair Sanchez: There's no second. Commissioner Gonzalez: All right. Chair Sanchez: All right. Before we vote on the issue, I just want to take this opportunity where I think you've heard from all the Commissioners up here that we need to commit ourselves to the river. Well, you know, we haven't. You say so, and it's fine, but let me just -- I think it's a perfect opportunity for us now to put our money where our mouth is -- Commissioner Gonzalez: By the way -- Chair Sanchez: -- when it comes to legislation. Commissioner Gonzalez: -- this was my problem. No, no. (INAUDIBLE). Chair Sanchez: This has nothing to do with this. It's just legislation that I want to put forth, and I know I'm going to get the support from my colleagues. Commissioner Gonzalez: You won the coffee today. Chair Sanchez: We need to adopt legislation creating a program for tax deferral for recreation and commercial working waterfront properties. I think we all could agree on that. Their argument is a valid argument, and I'm very sympathetic to their cause. You know, they're being taxed now by the surrounding property, not by their use. That's a heavy burden. Although, that burden doesn't fall on us and it falls on the County, we could work with the County. The County right now is working on a draft resolution that we could pass here in the City and support, so I'm going to be bringing that resolution andl want to work with the attorney andl want to work with the river industry on that so we could pass that resolution in support. This is a motion that I'm going to make directing the City Manager to create a program offering technical assistance to the Miami River businesses that cannot benefit from the enterprise zone sales tax recapture and other incentives. Let me tell you, the entire river falls within the enterprise zone and when I've talked to business owners, they say I'm not getting nowhere near that because it's a lot of paperwork, okay. Commissioner Gonzalez: Yeah, you're right. Chair Sanchez: So -- Commissioner Gonzalez: And it is. Chair Sanchez: -- you know, here we are, we need to do everything possible to make sure that we continue to promote the marine industry. We don't want to use that industry. We have to capitalize on that industry. But our Economic Department staff will have to help with that, so I have a motion directing the City Manager to create a program offering technical assistance to Miami River businesses that cannot benefit from the enterprise zone's sales tax captured in other incentives. Commissioner Sarnoff. Second. Chair Sanchez: Okay. There's a motion -- well, I have to pass the gavel; I'm the Chair. Commissioner Sarnoff. I'll make the motion for you. City of Miami Page 373 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Chair Sanchez: All right. Make the motion. Commissioner Gonzalez: All right. I'll second that motion. Chair Sanchez: and second the motion. Discussion? There shouldn't be any. You'll come back and we'll work on that with our Economic Development. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Okay. One perfect example is Big Fish. Big Fish benefited from that, and they - - although they benefited from it, they complain about the paperwork. Mr. Hernandez: Mr. Chairman. Chair Sanchez: Second -- Mr. Hernandez: If you allow me. Chair Sanchez: Yes. Mr. Hernandez: I'm sorry. Since you mentioned the Big Fish, our staff has working through the enterprise zone with several number of businesses, one of them is the Big Fish, and it's expanding. But that's through the enterprise zone -- Chair Sanchez: Yeah. Mr. Hernandez: -- and your proposal is to actually go beyond that and provide the technical assistance. Chair Sanchez: What we need -- listen, you know, we provide a service, but it's what kind of service we provide. We want hands-on service with these businesses. You don't just give them the paperwork. You got to help them with that paperwork. If they don't fill that paperwork correctly, you know -- and for them, if it's not worth doing it, they're not going to do it, so we need to provide that technical assistance for those businesses along the river to be able to help them, and know that we could do it. The other issue thatl brought up was DERM. DERM continues to be a problem. When we -- when a development fills in a marina or a water, they lose those slips forever. It shouldn't be that way. There should be a way to transfer that to another party where those slips could be added on, whether it's in the river or outside of the river. We need to provide more slips for boats in our City. So we need to work with the City and the County with DERM to see how we could work that out, where we could provide that assistance to them. And the other one is Tallahassee just passed legislation on the House and the Senate -- which you have a copy of it -- Commissioner Sarnoff. Amendment 6. You should encourage everybody to vote for it. Chair Sanchez: And that's exactly what I had. It's Amendment 6. It's been passed by the House and the Senate. I don't think it's going to be vetoed by the Governor so the Governor will sign this, and it'll come out here. You know, I'm sure the marine industry is going to put every effort to make sure this passes. We, as a city, need to support them on that. It's about putting a cap on the taxes to provide them with an additional incentives to make sure that they survive along the river. We need to make sure that the City gets involved and support this and work with the County and the marine industry to make sure that this amendment is passed in November. So these are just some of the things that we could do to work with the river. Look, history here has been -- and I'm -- I sit on the Miami River Commission. You know, we haven't had a very good City of Miami Page 374 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 relationship. It's time we mend our fences and we start working with the marine industry. You know, as I stated before, I'm glad this here only comes every seven years. It's tough, but it's behind us now, andl think it's a perfect opportunity for us to sit with the marine industry and -- as a matter of fact, sit with everybody who has an interest in that river to make sure that we have a world -class river. So these are the things that I want to proffer here, some of the things I'll be bringing back later on. I want to sit down with the -- your attorney, if you want to work with me as a chair andl want to sit down with the marine industry, and I'm going to be proffering some legislation to work with the County. I have already gotten a commitment from the County that they're willing to work with this to see how we could assist you in more ways because we just don't want you to walk out of here thinking that we turned our backs on you. We didn't. I think we've I greed on 76 percent, and you know, that's pretty good. So I don't think there's anymore amendments to this, so we've already voted on it. Commissioner Gonzalez: We already voted on it. Ms. Thompson: Excuse me. You voted on amendments, but no action has been taken yet -- Chair Sanchez: Oh, yeah. Ms. Thompson: -- on the actual first reading of the ordinance. Commissioner Gonzalez: Yes, we did. Ms. Sanchez: Yes. Chair Sanchez: Yeah, the action was taken. Commissioner Gonzalez: Yes, we did. Ms. Thompson: For the first reading ordinance? Commissioner Gonzalez: Yes, ma'am. Chair Sanchez: yeah. Ms. Thompson: No one read the ordinance -- the title into the record. Chair Sanchez: Oh. We got to read the ordinance. Ms. Bru: No, no, no. They voted on Exhibit B. Chair Sanchez: Yeah. Commissioner Gonzalez: On Exhibit B. Ms. Bru: That's what -- we haven't gotten to the ordinance yet. Ms. Thompson: Okay. Chair Sanchez: No. Now we need to get to the ordinance. Ms. Bru: Right. Chair Sanchez: So read the ordinance into the record, followed by a roll call. City of Miami Page 375 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Thompson: With the understanding, of course, that that ordinance on first reading has been modified. Chair Sanchez: Oh, believe me, it's been modified. I hope you have all the records correct because it's been modified a lot. Commissioner Gonzalez: All right. Chair Sanchez: All right, so as modified. So we have a motion. Is there a motion? Commissioner Gonzalez: I would like to have the four Commissioners that are in the building present, so let's take -- Chair Sanchez: Commissioner Regalado is not coming back, I hear. Commissioner Gonzalez: No, Regalado is not, but Commissioner Spence -Jones is still here. Chair Sanchez: We certainly hope that his daughter is fine and -- okay. We'll wait for one Commissioner and then we'll read the ordinance into the record, as amended. Commissioner Gonzalez: All right. Read the ordinance. Ms. Bru: Okay. Chair Sanchez: Okay. Read the ordinance into the record, as amended, followed by a roll call. Ms. Thompson: We need a motion and a second. Chair Sanchez: The motion has been made by Commissioner Gonzalez, second by Vice Chair Spence -Jones? Commissioner Gonzalez: Right. That's on the same thing that we already -- Vice Chair Spence -Jones: Second. Commissioner Gonzalez: -- voted. Chair Sanchez: All right. No further discussion. Read the ordinance into the record, as amended, followed by a roll call. Ms. Bru: Okay. And Commissioner, I'm going to go ahead and just provide some language to incorporate the fact that -- what -- you have in your package was, in fact, amended on the floor. Commissioner Gonzalez: All right. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gonzalez: Roll call. Chair Sanchez: Roll call, Madam Clerk. Ms. Thompson: Roll call, Commissioner Sarnoff? Commissioner Sarnoff No. City of Miami Page 376 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Then Chair Sanchez? Chair Sanchez: Yes. Ms. Thompson: The ordinance has been passed on first reading, 3/1. Chair Sanchez: All right. Commissioner Gonzalez: All right. Chair Sanchez: Any further action we need to take on this? Commissioner Gonzalez: I'm ready to make a motion to adjourn. Chair Sanchez: No, no, no, no, no. We can't adjourn. We got -- listen -- Commissioner Gonzalez: Oh, we still have some items. Chair Sanchez: -- this is a continuation -- let's get rid of this agenda. City of Miami Page 377 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF DISTRICT 3 CHAIR JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 08-00342 DISCUSSION ITEM DISCUSSION CONCERNING A PROPOSAL FOR A CAMPAIGN TO DISSEMINATE INFORMATION ABOUT MIAMI 21. 08-00342 Memo.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Chair Sanchez: Commissioner Regalado had two items. We're going to go ahead and make a motion to continue his items. Commissioner Gonzalez: Okay. Chair Sanchez: He is not here. He had to attend to an emer -- a family emergency, so let's get a motion to defer both of his items. Commissioner Sarnoff. So moved. Chair Sanchez: There's -- Commissioner Gonzalez: Second. Chair Sanchez: -- a motion by Commissioner Sarnoff, second by Vice Chair Spence -Jones. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City of Miami Page 378 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 D4.2 08-00489 DISCUSSION ITEM DISCUSSION CONCERNING STABILIZING THE POLICE & FIRE PENSION AND A TIMELINE TO GENERATE SAVINGS. 08-00489 Cover Memo.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado [For minutes related to Item D4.2, please see Item D4.1. DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES City of Miami Page 379 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 NON -AGENDA ITEMS NA.1 08-00543 DISCUSSION ITEM CHAIRMAN SANCHEZ RECOGNIZED THE AMBASSADOR FROM ENGLAND, SIR NIGEL SHENWALD AND THE BRITISH CONSUL GENERAL, KEITH ALLEN. DISCUSSED Chair Sanchez: All right. Before we -- I turn it over to Commissioner Gonzalez, Mr. Mayor, before you leave, I see that we have two distinguished friends from England who have made significant contributions to our sustainability initiative here in the City. I know Keith is here, Keith Allen. Keith is the consul, and the Ambassador Sherwood [sic], Sir Sherwood [sic], is it? If they could come up. I want to take the opportunity to recognize them. Maybe they could address the Commission. You know, it's great that we have so many distinguished visitors and friends. Mayor Manuel A. Diaz: Yes. As a matter of fact -- and as -- you know, appropriate that Bill just left. As you all know, we have a great number of English tourists that come to Miami and invest in Miami. And like you said, most recently, through the efforts of -- we've had former Prime Minister Blair, Prince Andrew, and the relationship, interesting -- as I tell people, we're the only city and state that has an agreement on the environment with a national government. Unfortunately, it's not ours; it's the United Kingdom, and they have been coming here and helping us with all of our green initiatives, and we're honored to have the English ambassador to the United States with us here today. Nigel Shenwald: Thank you very much, Mr. Chairman. I'm Nigel Shenwald. I'm the British ambassador to this country. I've been here since October of last year. As the Mayor said, we have the strongest links with Miami and with the state on trade, investment, tourism, and the environment. Our companies employ more Floridians than any other countries, so it's great to be here on my first visit as ambassador, and I'm very grateful for this opportunity to address you. Thank you very much. Chair Sanchez: Thank you, Mr. Ambassador. Always a pleasure to have you here. Keith Allen: Thankyou, Commissioner. I'm Keith Allen, British Consul General. It's always my great pleasure to come here, and you know, we've been doing some great things with the Mayor and yourself, and helping in that whole green sort of development from planting trees together to doing what we can to bring in renewable energies and everything. I think we will continue to do that, and we'll always be supporting Governor Crist and his (UNINTELLIGIBLE) agenda with his summit in June, as well. So I think today, with the Mayor, we'll be talking a little bit about that (UNINTELLIGIBLE) agenda and where we can possibly add some additional value to it. Thank you very much again. Chair Sanchez: Thank you. Commissioner Gonzalez: Thank you. Chair Sanchez: Always a pleasure. Ambassador, always a pleasure. Mr. Shenwald: Thankyou very much. NA.2 08-00544 DISCUSSION ITEM CITY MANAGER PEDRO G. HERNANDEZ PUBLICLY RECOGNIZED AND City of Miami Page 380 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 WELCOMED HECTOR MIRABILE AS THE NEW DIRECTOR OF EMPLOYEE RELATIONS. DISCUSSED Chair Sanchez: All right. Sir, you're -- Pedro G. Hernandez (City Manager): Mr. Chairman -- Chair Sanchez: -- recognized for the record, and then -- Mr. Hernandez: -- it's sort of timely -- I wanted to take just a few seconds to publicly recognize the appointment of Hector Mirabile as director of Employee Relations Department. Hector is a long-term City employee who worked for many years in the Police Department; has worked at Employee Relations before and did an admirable job in filling in as interim director of Community Development for what started out to be 90 days and it turned out to be nine months. So I wanted to publicly, you know, recognize his efforts in the past and to welcome him as director of Employee Relations. Chair Sanchez: All right. Congratulations. NA.3 Per08-00538 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING PRESIDENT BUSH TO GRANT TEMPORARY PROTECTIVE STATUS TO HAITIANS IN THE UNITED STATES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS AS STATED HEREIN. Motion by Chair Sanchez, 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-08-0266 Chair Sanchez: All right. Before we go to the consent agenda, I've been taking items out of point of privilege. I have a very important item that I will be passing out a resolution, and it is an urgent matter. As all of you are aware of the situation in Haiti -- pertaining to the situation in Haiti, of the crisis that exists in Haiti, and as you know, we have a large population of Haitians in our community and in our city, which contribute to our city, and a lot of them are right now in a situation which immigration -- they're in limbo. I don't need to emphasize on the productivity of the Haitian people in our community. They are very hardworking people who share a lot of things with the Cuban community. They are basically in a situation now where a lot of them, immigration will be -- in a way, through the immigration status, they don't benefit from what we consider a temporary protective status, and that is something that we need to address because right now there are certain countries in South America that benefit from those protections, those temporary protection status. And TPS (Temporary Protection Status) would only apply to Haitians already in the United States. I want to make that very clear. This resolution clearly states that. And as you know, we need to do everything we can as we're working with the federal government -- Kendrick Meeks [sic] is taking a very pro position on this to help the Haitian community, andl think that the Republicans must do the same. Andl think it's important for local government to work as a -- an avenue to get both partisan parties to address this important issue for the Haitian community. You know, we need to do everything we can to combat a masses [sic] exodus of Haiti to the United States, and the only way we're going to address this if our governments works with the Haitian community to find relief for them in Haiti. So they -- I am presenting and asking this Commission to support me on this and to stand by me on this resolution, which will clearly will be endorse unanimously, and it is a resolution of the City ofMiami Commission urging President Bush to grant temporary protective status to the City ofMiami Page 381 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Haitians in the United States. And therefore, I will pass the gavel to the Vice Chair and make a motion on this resolution to be presented and sent to Washington, and hopefully, it could be sent to other cities in South Florida to endorse a similar resolution. So move. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair Sanchez: Thank you so much. Vice Chair Spence -Jones: This item passes. Chair Sanchez: Thank you. It does pass, 5/0. And -- Vice Chair Spence -Jones: First of all, I do want to commend the Chairman on his leadership on this issue. As you know, a very large part of my district is in the heart of Little Haiti, Historic Lemon City, and this is something that the Haitian community has been fighting for for a very long time. I'm glad to see that you've stepped up to the plate to bring this up as an issue. I know Commissioner Regalado also has, you know, spoken in reference to issues regarding Haitian immigrants and what we must do from a united standpoint. I would ask that all of us, beyond the resolution, look at other things that we could also do to continue to support Haiti. I know that the Chairman andl will be taking the delegation to Haiti to assess some of the needs there, butl would like to also urge all of my fellow colleagues to join us to come up with positive solutions to address Haiti's need. Food is the biggest issue for them right now, so whatever we can do to even just assist from a food perspective would be greatly appreciate. So I just wanted to commend you, Mr. Chairman, for your leadership on this issue. Chair Sanchez: Thank you. Madam Clerk, when we vote on this issue, could you please provide a resolution to Washington, and also, if we could provide resolutions to local municipalities, all 35 of them. Priscilla A. Thompson (City Clerk): And when you say Washington, I take it you mean from the President on down? Chair Sanchez: Yes, ma'am. Ms. Thompson: Thank you. Chair Sanchez: Thank you. Okay. It passed 5/0. NA.4 08-00545 DISCUSSION ITEM CHAIRMAN SANCHEZ CONGRATULATED THE NEWLY -SWORN MEMBERS OF AMERICORPS. DISCUSSED Chair Sanchez: (INAUDIBLE) gentlemen, the City ofMiami Commission meeting is back in order. Hope you enjoyed your recess. Welcome back. Let me take this opportunity to congratulate Americorps and the members today. They were sworn in. Thank you so much for your volunteerism and your dedication to the cities and throughout the United States. The Americorps helps combat poverty and to improve the quality of life in different communities, and it's truly refreshing to see so many different ethic [sic] groups being a part of that organization. And really, volunteerism really makes better angels of all of us, and through everyone's effort, we certainly can make our community and our great nation a better place. So congratulations to City ofMiami Page 382 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 them. They have been sworn in here. They're doing this event throughout the United States, so I want to take the opportunity to congratulate all the members that were sworn in, and God bless them for what they do. NA.5 08-00572 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Colin Carby Vice Chair Michelle Spence -Jones Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, 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-08-0277 A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously with Commissioner Regalado absent, to appoint Colin Carby as a member of the Miami Sports and Exhibition Authority. Chair Sanchez: Pocket items, before we adjourn. Vice Chair Spence -Jones: Yes. I just have one pocket item. I guess I wasn't able to handle it at the last meeting, so I wanted to make sure that -- it's for MSEA (Miami Sports & Exhibition Authority). I have a pocket item for my board appointee for MSEA. Chair Sanchez: All right, so we have a board appointment for MSEA. We -- MSEA meets tomorrow. Vice Chair Spence -Jones: Colin -- Chair Sanchez: Is there a motion -- could you proffer a name? Vice Chair Spence -Jones: -- Colin Carby. Chair Sanchez: I'm sorry? Commissioner Gonzalez: Second. Priscilla A. Thompson (City Clerk): I'm sorry, who? Vice Chair Spence -Jones: Colin Carby. Commissioner Gonzalez: Second. Ms. Thompson: I'm sorry, I still didn't hear you. Chair Sanchez: Somebody Carby. City of Miami Page 383 Printed on 6/3/2008 City Commission Meeting Minutes May 8, 2008 Vice Chair Spence -Jones: Colin Carby. Chair Sanchez: Colin Carby. Ms. Thompson: C-O-L-I-N? Vice Chair Spence -Jones: Yes. Ms. Thompson: C-A-R-B-Y? Vice Chair Spence -Jones: Yes. Ms. Thompson: Thank you. Vice Chair Spence -Jones: Thank you, ma'am. Chair Sanchez: All right. There's been a second. Discussion -- Ms. Thompson: By? Chair Sanchez: -- on the item. Ms. Thompson: Second was by whom? I'm sorry. Chair Sanchez: Second was by Commissioner Gonzalez. Hearing no discussion on the appointment, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Commissioner Gonzalez: Motion -- Chair Sanchez: all right. Commissioner Gonzalez: -- to adjourn. Chair Sanchez: That's always in order. Second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Ladies and gentlemen, this special [sic] Commission meeting is being adjourned. Thank you so much. Good night. A motion was made by Commissioner Gonzalez, seconded by Chair Sanchez, and was passed unanimously, with Commissioner Regalado absent, to adjourn today's meeting. City of Miami Page 384 Printed on 6/3/2008