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Home My WebLink AboutCC 2008-12-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, December 11, 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 December 11, 2008 CONTENTS Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA.19 may be heard in the number sequence or as announced by the Commission SS -SPECIALLY SCHEDULED ITEM PH - PUBLIC HEARINGS 10:30 A.M.-Allocation of CDBG Funds -Housing Activities 10:30 A.M.-Assignment Purchase Aqmt-Carrfour 10:30 A.M.-Amending Housing Prqm Policies 10:30 A.M.-Approving Affordable Housing Strategies 10:30 A.M.-Transfer of CDBG Grant Funds -District 3 SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 11 th day of December 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 Sanchez at 9:18 a.m., recessed at 12: 22 p.m., reconvened at 2: 36p.m., and adjourned at 4:13 p.m. Note for the Record: Vice Chair Spence -Jones entered the Commission chambers at 9: 20 a.m. Commissioner Gonzalez entered the Commission chambers at 9: 24 a.m. Vice Chair Spence -Jones entered the Commission chambers at 2: 44 p.m. Commissioner Gonzalez entered the Commission chambers at 3: 07 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Pamela E. Burns, Assistant City Clerk Chair Sanchez: The City Commission was properly advertised for today, Thursday, December 11. The order of the day is the agenda that has been printed and properly advertised for this meeting. We'll go ahead and start with the invocation, followed with the pledge of allegiance. I'll go ahead and start with the invocation and we'll do the pledge of allegiance -- Commissioner Sarnoff, and hopefully, we could get one more Commissioner or all the Commissioners up here for the presentation of protocol. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 08-01462 CEREMONIAL ITEM Honoree Presenter Protocol Item Contributors Mayor Diaz Certificates and Organizers of Appreciation The Moving Wall World AIDS Day City Hall Tree Lighting Celebration Contributors Commissioner Certificates and Organizers Spence -Jones of Appreciation Buena Vista Howling Halloween Festival Wynwood Latin Arts and Music Festival Special Presentation Florida Inland Navigation District Commissioner Spencer Crowley is to present a check for $3.1 million to the City for the completion of the Bicentennial Park Shoreline Stabilization. 08-01462 Protocol.pdf City ofMiami Page 3 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 PRESENTED 1. Mayor Diaz presented Certificates of Appreciation to individuals for their dedication in bringing the replica of "The Moving Wall" Vietnam Veterans memorial to the City ofMiami, unveiled in the Miami community on November 7, 2008. 2. Mayor Diaz presented Certificates of Appreciation to individuals for their tremendous contributions to the success of this year's Candlelight Memorial in honor of World AIDS Day. 3. Mayor Diaz presented Certificates of Appreciation to individuals for their tremendous contributions to the success of this year's City Hall Tree Lighting Celebration. 4. Florida Inland Navigation District (FIND) Commissioner Spencer Crowley presented a check for $3.1 million to the City ofMiami for the completion of the Bicentennial Park Shoreline Stabilization project. 5. Vice Chair Spence -Jones presented Certificates of Appreciation to volunteers to pay tribute for their critical assistance with the Buena Vista Howling Halloween Festival. 6. Vice Chair Spence -Jones presented Certificates of Appreciation to volunteers to honor their dedication to cross-cultural alliances in celebration of the Wynwood Latin Arts and Music Festival. Chair Sanchez: All right. We'll go ahead and start with the presentations and proclamations. We do have a lot of presentations and proclamations, and then we're going to go ahead and take up the remaining of the agenda. We'll go ahead and start with the protocol list. Presentations made. MAYORAL VETOES (Pursuant to Section 4(q)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) NO MAYORAL VETOES Chair Sanchez: Ladies and gentlemen, we will continue with the order of the day. For the record, I have a received a memo from the City Clerk where there are no mayoral vetoes, so that takes care of that item on the agenda. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Regular Meeting of November 13, 2008 Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff Supplemental Agenda of November 13, 2008 Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff City ofMiami Page 4 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Planning and Zoning Meeting of November 13, 2008 Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: We'll proceed with the approving of the following minutes. That is basically record -cleaning that we have to approve the minutes that we've had through proper documentation that the City Clerk is required to keep by law. So let's go ahead and make a motion to approve the first one, which is the regular meeting of November 13, 208 [sic]. Need a motion. Commissioner Gonzalez: Motion. Chair Sanchez: Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: There's been a motion proffered with a second. Any further discussion on the approving of the minutes for November 13, 208 [sic]? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. The minutes have been approved. We also need to approve the supplemental agenda of November 13, 208 [sic]. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Commissioner Gonzalez, second by the Vice Chair. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." That item has been approved. Also, we need to approve the Planning and Zoning meeting of November 13, 208 [sic]. Is there a motion? Commissioner Gonzalez: Motion. Vice Chair Spence -Jones: Second. Commissioner Sanchez: A motion has been proffered by Commissioner Gonzalez, second by the Vice Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. END OF APPROVING MINUTES City of Miami Page 5 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 ORDER OF THE DAY Chair Sanchez: All right. Let's continue. Madam Attorney, can you just -- well, are there any items from the regular Commission meeting that the City Manager would like to pull or any of the Commissioners will like to pull or defer? Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, good morning. Items RE.4 and RE.5, I'm asking for those two items to be continued, and RE.9 to be deferred to the second meeting in January. Chair Sanchez: All right. Wait, wait, wait. So you want RE.4 continued, RE.5 continued, and RE.9 deferred? Mr. Hernandez: Deferred to the second meeting in January. [Later...] Chair Sanchez: All right. RE.17 and 18 will be the first items taken up after we come back at 2: 30. CONSENT AGENDA CA.1 08-01367 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE FUNDING OF THE POLICE ATHLETIC LEAGUE PROGRAM, TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF THE PROGRAM, IN AN AMOUNT NOT TO EXCEED $292,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NO. 19-690001, AND ACCOUNT CODE NO. 12500.191602.896000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 08-01367 Legislation.pdf 08-01367 Summary Form.pdf 08-01367 Affidavit.pdf 08-01367 Certification.pdf 08-01367 Text file Report.pdf 08-01367-Summary Fact Sheet.pdf SPONSOR: CHAIRMAN SANCHEZ 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-08-0680 Chair Sanchez: IfI could have -- who's going to be representing the Police Department, assistant chief or the chief? On this item, which is the PAL (Police Athletic League) item, I'm very glad to see that the Police Department is allocating more Law Enforcement Trust Fund into the PAL program this year than previous years. Their balance right now is zero. They have no money for the PAL program. In the last three years, there's only been a donation of $100, 000. City of Miami Page 6 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Let me just tell you that the -- with the mounting job losses and the unemployment rate that's happening in our city -- and we got to take that into consideration -- there are a lot of kids that are going to be out there; parents are going to be more than stressful now trying to find jobs and to meet ends -- the needs of a new economy today, which is a horrible economy. These kids, more than ever now, are going to need a place where they could go and be supervised and be supervised by someone who they could look up to as a role model, and those are police officers. I speak from experience when I tell you that the PAL program works. I've been associated with it. My -- one of my -- my oldest son participated in the PAL program. It is a great program, and let me tell you something. I truly believe that if we do not invest in our youth, we will end up paying for it in the future. And I'll tell you this much, I'd rather spend $12, 000 educating a child than $36, 000 incarcerating a child. Andl think that when you get them from the age of 12 on up to teenagers, if they're in the right environment where they're controlled by adult supervision and in a park, and not in the streets doing drugs and doing things that they could get in trouble with, believe it or not, that alone is priceless. So I just wanted to state that for the record. I fought very hard last year to get funding for PAL, even going out and even starting -- putting together a golf tournament and even bringing to this legislative body a way to come up with additional funds through a voluntary paying off -duty -- when the police officers are hired to work off -duty, that the people hiring the police officers could donate in a block, let's say, a dollar more towards this program 'cause I believe in this program. This is a great program that we have in our city. I just wanted to state that for the record. Mr. City Manager, chief of Police, I thank you for investing in what I think is right, which is the future of our city, our children. Thank you so much. So having said that, if someone could make a motion to approve CA.1. Commissioner Sarnoff. So move. Chair Sanchez: Motion has been -- Commissioner Gonzalez: Move it. Chair Sanchez: -- proffered by Commissioner Sarnoff, second by Commissioner Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." CA.1 has been approved. CA.2 08-01368 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), ACCEPTING GRANT FUNDS, IN AN AMOUNT NOT TO Improvements EXCEED $42,450, CONSISTING OF A GRANT AWARD FROM THE FLORIDA Program INLAND NAVIGATION DISTRICT ("FIND"), TO FUND THE BICENTENNIAL PARK MOORING BOLLARDS PROJECT B-30605; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIND PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. City of Miami Page 7 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 CA.3 08-01371 Department of Public Works CA.4 08-01372 Department of Public Works 08-01368 Legislation.pdf 08-01368 Exhibit 1.pdf 08-01368 Exhibit 2.pdf 08-01368 Exhibit 3.pdf 08-01368 Exhibit 4.pdf 08-01368 Exhibit 5.pdf 08-01368 Exhibit 6.pdf 08-01368 Exhibit 7.pdf 08-01368 Exhibit 8.pdf 08-01368 Exhibit 9.pdf 08-01368 Exhibit 10.pdf 08-01368 Summary Form.pdf 08-01368 Text File Report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0662 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FORTY-ONE (41) RIGHT-OF-WAY DEEDS OF DEDICATION, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 08-01371 Legislation.pdf 08-01371 Exhibit.pdf 08-01371 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0663 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING THE CITY'S INTEREST IN THE EAST 2.70 FEET OF THE DEDICATION DESCRIBED AS: THE WEST 8.50 FEET MORE OR LESS OF THE SOUTH'/ OF LOT 1 AND THE WEST 8.50 FEET MORE OR LESS OF THE NORTH'/ OF LOT 2, BLOCK 26, WADDEL'S ADDITION TO THE TOWN OF MIAMI, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 53, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND RETURNING SAME TO THE PRESENT ADJACENT PROPERTY OWNER; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City of Miami Page 8 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 08-01372 Legislation.pdf 08-01372 Exhibit.pdf 08-01372 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0664 CA.5 08-01373 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF THE RENTAL OF TRAILERS, TRUCKS, VANS AND UTILITY VEHICLES (PRE -QUALIFICATION), FROM VARIOUS VENDORS, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 5800-5/17, EFFECTIVE THROUGH DECEMBER 31, 2012, 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. 08-01373 Legislation.pdf 08-01373 Summary Form.pdf 08-01373 Contract Award Sheet 1.pdf 08-01373 Contract Award Sheet 2.pdf 08-01373 Invitation to Bid.pdf 08-01373 Bid Affidavits.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0665 CA.6 08-01374 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT AWARD, FROM THE FLORIDA INLAND NAVIGATION DISTRICT ("F.I.N.D.") WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $40,000, FOR THE MIAMARINA SEAWALL REPLACEMENT PROJECT -PHASE I, PURSUANT TO RESOLUTION NO. 08-0157, ADOPTED MARCH 27, 2008; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $40,000, FOR A TOTAL PROJECT COST OF $80,000, FROM CAPITAL IMPROVEMENT PROGRAM PROJECT 40-B30604; AUTHORIZING THE CITY MANAGER TO EXECUTE THE F.I.N.D PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. City of Miami Page 9 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 CA.7 08-01375 District 4- Commissioner Tomas Regalado CA.8 08-01376 Department of Public Facilities 08-01374 Legislation.pdf 08-01374 Exhibit 1.pdf 08-01374 Exhibit 2.pdf 08-01374 Exhibit 3.pdf 08-01374 Exhibit 4.pdf 08-01374 Exhibit 5.pdf 08-01374 Exhibit 6.pdf 08-01374 Exhibit 7.pdf 08-01374 Exhibit 8.pdf 08-01374 Exhibit 9.pdf 08-01374 Exhibit 10.pdf 08-01374 Exhibit 11.pdf 08-01374 Summary Form.pdf 08-01374 Letter.pdf 08-01374 Text File Report.pdf 08-01374 Budget Funds.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0666 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO CO-SPONSOR THE ANNUAL LEBANESE FESTIVAL BEING HELD JANUARY 23, 2008 THROUGH JANUARY 25, 2008, AT OUR LADY OF LEBANON CHURCH; ALLOCATING FUNDS FROM THE DISTRICT 4 OFFICE SPECIAL EVENTS ACCOUNT NO. 001000.920919.6.930. 08-01375 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0667 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED OCTOBER 20, 2008, PURSUANT TO INVITATION FOR BIDS NO. 103058, FROM A & M MECHANICAL CONTRACTORS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF AIR CONDITIONING SYSTEM MAINTENANCE AND REPAIR SERVICES, 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 DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 10 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 08-01376 Legislation.pdf 08-01376 Summary Form.pdf 08-01376 Award Recommendation.pdf 08-01376 Tabulations of Bids.pdf 08-01376 Invitation for Bids.pdf 08-01376 Addendum NO.1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0668 CA.9 08-01377 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), ACCEPTING THE PROPOSALS OF THE HIGHEST -RANKED FIRMS, AS LISTED ON "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE PROJECT ENTITLED " MIAMI NETWORK FOR INTEGRATION, COMPASSION AND EMPOWERMENT (MIAMI NICE)", FOR A ONE (1) YEAR PERIOD, WITH THE OPTION TO RENEW FOR AN ADDITIONAL ONE (1) YEAR PERIOD, TO PERFORM DIRECT CONSULTING SERVICES FOR THE MIAMI NICE INITIATIVE, IN AN ANNUAL AMOUNT NOT TO EXCEED $132,500; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING FUNDS FROM SPECIAL REVENUE PROJECT 15500.101000.531000.0000.00000. 08-01377 Legislation.pdf 08-01377 Exhibit 1.pdf 08-01377 Exhibit 2.pdf 08-01377 Exhibit 3.pdf 08-01377 Exhibit 3.pdf 08-01377 Exhibit 4.pdf 08-01377 Exhibit 5.pdf 08-01377 Exhibit 6.pdf 08-01377 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0669 CA.10 08-01378 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), ACCEPTING THE PROPOSAL OF BISCAYNE RESEARCH GROUP, INC., FOR THE PROJECT ENTITLED "MIAMI NETWORK FOR INTEGRATION, COMPASSION AND EMPOWERMENT (MIAMI NICE)", FOR A ONE (1) YEAR PERIOD, WITH THE OPTION TO RENEW FOR AN ADDITIONAL ONE (1) YEAR PERIOD, TO PERFORM EVALUATION SERVICES OF THE MIAMI NICE INITIATIVE, IN AN AMOUNT NOT TO EXCEED $49,000, FOR YEAR ONE, AND A NOT TO EXCEED AMOUNT OF City of Miami Page 11 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 $38,000, FOR YEAR TWO, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $87,000; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING FUNDS FROM SPECIAL REVENUE PROJECT 15500.101000.531000.0000.00000. 08-01378 Legislation.pdf 08-01378 Exhibit 1.pdf 08-01378 Exhibit 2.pdf 08-01378 Exhibit 3.pdf 08-01378 Exhibit 4.pdf 08-01378 Exhibit 5.pdf 08-01378 Exhibit 6.pdf 08-01378 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0670 CA.11 08-01379 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "2007-2010 STATE HOMELAND SECURITY GRANT PROGRAM ("SHSGP") FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR FLORIDA URBAN SEARCH AND RESCUE ("USAR") TASK FORCES" AND APPROPRIATING FUNDS, IN THE MAXIMUM AMOUNT OF $47,800, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES ADMINISTERING FEDERAL FUNDS; AUTHORIZING THE GRANT TO BE USED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE TO PROVIDE TRAINING IN STATE FIRE MARSHAL APPROVED USAR TRAINING COURSES, MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA USAR PROGRAM, AND FOR SUCH OTHER PURPOSES AS PERMITTED BY THE TERMS AND CONDITIONS OF THE 2007-2010 STATE HOMELAND SECURITY GRANT PROGRAM SHSGP SUB -RECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR FLORIDA URBAN SEARCH AND RESCUE TASK FORCES (THE "SUB -RECIPIENT AGREEMENT"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD, TO EXECUTE THE SUB -RECIPIENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO UNDERTAKE ALL FURTHER ACTIONS NECESSARY TO IMPLEMENT AND TO COMPLY WITH THE SUB -RECIPIENT AGREEMENT FOR SAID PURPOSES. City of Miami Page 12 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 08-01379 Legislation.pdf 08-01379 Exhibit 1.pdf 08-01379 Attachment A.pdf 08-01379 Attachment A1.pdf 08-01379 Attachment 2.pdf 08-01379 Attachment 3.pdf 08-01379 Attachment 4.pdf 08-01379 Attachment 5.pdf 08-01379 Attachment 6.pdf 08-01379 Summary Form.pdf 08-01379 Fund Title.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0671 CA.12 08-01380 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA, THE METROPOLITAN POLICE DEPARTMENT OF THE DISTRICT OF COLUMBIA, AND THE CITY OF MIAMI ("CITY"), ON BEHALF OF THE CITY'S DEPARTMENT OF POLICE, TO PARTICIPATE IN THE PRESIDENTIAL INAUGURATION TASK FORCE IN THE WASHINGTON, D.C. AREA FROM JANUARY 15, 2009, TO JANUARY 21, 2009. 08-01380 Legislation.pdf 08-01380 Exhibit.pdf 08-01380 Summary Form.pdf 08-01380 Text File Report.pdf 08-01380-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0672 CA.13 08-01340 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $39,000, FROM FISCAL YEAR 2008-2009 BUDGETED FUNDS OF THE CIVIL SERVICE OFFICE, ACCOUNT NO. 00001.141000.531010.0000.00000, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CIVIL SERVICE BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 08-01340 Legislation.pdf 08-01340 Memo.pdf 08-01340 Budget Signoff.pdf City of Miami Page 13 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0673 CA.14 08-01341 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $38,000, FROM FISCAL YEAR 2008-2009 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 00001.311000.531010.0000.00000, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CODE ENFORCEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 08-01341 Legislation.pdf 08-01341 Memo.pdf 08-01341 Budget Signoff.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0674 CA.15 08-01342 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $11,000, FROM FISCAL YEAR 2008-2009 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 00001.311000.531010.0000.00000, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE NUISANCE ABATEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 08-01342 Legislation.pdf 08-01342 Memo.pdf 08-01342 Budget Signoff.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0675 CA.16 08-01370 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Improvements AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, Program INCREASING THE AMOUNT OF FUNDING UNDER THE PROJECT CO-OPERATIVE AGREEMENT ("AGREEMENT") TO THE DADE HERITAGE TRUST, INC., IN AN AMOUNT NOT TO EXCEED FIFTY-SIX THOUSAND DOLLARS ($56,000) FOR A NEW TOTAL AMOUNT NOT TO EXCEED FOUR City of Miami Page 14 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 HUNDRED AND ELEVEN THOUSAND DOLLARS ($411,000) AND FURTHER AMENDING THE AGREEMENT BY INCORPORATING REQUIRED AUDIT LANGUAGE FOR PROJECTS FUNDED WITH MIAMI-DADE COUNTY ("COUNTY") BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM FUNDING, AUTHORIZING THE COUNTY AND THE INSPECTOR GENERAL TO ACCESS AND TO AUDIT DADE HERITAGE TRUSTS PROJECT RECORDS; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. B-30532, FOR THE PROJECT ENTITLED "OLD MIAMI HIGH RESTORATION." 08-01370 Legislation.pdf 08-01370 Exhibit.pdf 08-01370 Summary Form.pdf 08-01370 Text File Report.pdf 08-01370 Text File Report 2.pdf 08-01370 Project Agreement.pdf 08-01370 Form ofAgreement.pdf 08-01370 Attachment A.pdf 08-01370 Non Profit Corporation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0676 CA.17 08-01417 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXTENSION AND AMENDMENT FOR NINETY (90) DAYS TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH ADOPT -A -WATERWAY, LLC., THROUGH ITS SUCCESSOR BY NAME CHANGE, ECOMEDIA, LLC., WITH THE OPTION TO RENEW SUCH AGREEMENT THEREAFTER ON A MONTH -TO -MONTH BASIS UNTIL THE EARLIER OF (1) AN ADDITIONAL NINETY (90) DAYS FOR A TOTAL OF UP TO ONE HUNDRED AND EIGHTY (180) DAYS, OR (2) UNTIL SUCH TIME AS THE CITY OF MIAMI HAS SELECTED ONE OR MORE ENVIRONMENTAL SIGN PROGRAM(S) PROVIDER(S) PURSUANT TO REQUIREMENTS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. 08-01417 Legislation.pdf 08-01417 Exhibit 1.pdf 08-01417 Exhibit 2.pdf 08-01417 Exhibit 3.pdf 08-01417 Exhibit 4.pdf 08-01417 Exhibit 5.pdf 08-01417 Exhibit 6.pdf 08-01417 Summary Form.pdf 08-01417 Letter.pdf 08-01417 Certificate of Amendment.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City of Miami Page 15 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 R-08-0677 CA.18 08-01437 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $500, TO Tomas Regalado CO-SPONSOR THE FRIENDS OF MARINE STADIUM'S EVENT ENTITLED "THE FUTURE OF MIAMI MARINE STADIUM," BEING HELD ON SATURDAY, JANUARY 10, 2008, AT THE MIAMI ROWING CLUB; ALLOCATING FUNDS FROM THE DISTRICT 4 OFFICE SPECIAL EVENTS ACCOUNT NO. 001000.920919.6.930. 08-01437 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0678 CA.19 08-01369 RESOLUTION Department of Capital Improvements Program A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH LEO A. DALY COMPANY, FOR ADDITIONAL SERVICES REQUIRED IN ORDER TO OBTAIN LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION, FOR THE MELREESE CLUBHOUSE AND RESTAURANT PROJECT, B-30566, IN THE AMOUNT NOT TO EXCEED $100,000, THEREBY INCREASING THE AMOUNT OF THE PSA FROM $495,399.74 TO $595,399.74; ALLOCATING FUNDS FROM CAPITAL PROJECT ACCOUNT B-30566. 08-01369 Legislation.pdf 08-01369 Exhibit.pdf 08-01369 Summary Form.pdf 08-01369 Memo.pdf 08-01369 Attachment B.pdf 08-01369 Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0679 Adopted the Consent Agenda Motion by Commissioner Gonzalez, 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 City of Miami Page 16 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 END OF CONSENT AGENDA Chair Sanchez: This meeting that we are having today is a combined meeting, as we had in November. We've combined both meetings because of the holidays. Now it is a voluminous agenda. I'm asking us to see if we can make it through this agenda today. If we cannot, then we will not pass 9 o'clock. We will recess and come back tomorrow to finish the agenda if we do not finish the agenda. All the PZ (Planning & Zoning) items for now will probably be heard in the afternoon. I think the first item that we're going to take up in the afternoon would be the museum lease as well as the benefits. That'll be the first item that we will take up in the afternoon. So following the order of the day, let's go ahead and go to the consent agenda. Are there any items that the Commissioners wish to pull for discussion on the consent agenda? Any items? I just want to pull CA.1 for a brief discussion. If not -- no discussion on the consent agenda -- Commissioner Gonzalez: I'll move the balance of -- Commissioner Sarnoff. Second. Commissioner Gonzalez: -- the consent -- Vice Chair Spence -Jones: Second. Commissioner Gonzalez: -- agenda. Chair Sanchez: Okay. There's been a motion to approve the balance of the remaining of the consent agenda, which is CA.2 through 19. 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 17 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 SPECIALLY SCHEDULED ITEM SS.1 08-01408 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), ACCEPTING THE ATTACHED CITY CLERK'S OFFICIAL CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS FOR THE ELECTION CONDUCTED DURING THE PERIOD OF OCTOBER 15, 2008 THROUGH NOVEMBER 21, 2008 FOR THE ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT ("BID"). 08-01408 Legislation.pdf 08-01408 MemoBlDcertification.pdf 08-01408 Certification BID Election.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 Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-08-0681 Chair Sanchez: If not, let's go to first item, which is SS.1. Commissioner Gonzalez: Motion. Commissioner Sarnoff. Yeah. Mr. Chair, I'll make a motion to approve the resolution. This is to allow the City Clerk to accept the BID (Business Improvement District) -- the results of the BIC (Business Improvement Committee) to BID vote, which overwhelmingly ordered a BID in Coconut Grove. Chair Sanchez: All right. There's a motion by -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Commissioner Sarnoff. It is second by the Vice Chair. Any further discussion on that item? If not, it is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone -- Commissioner Sarnoff. And Mr. -- Chair Sanchez: -- in opposition -- Madam Clerk? Pamela E. Burns (Assistant City Clerk): And for the record, this is SS.1 -- Chair Sanchez: Yes. Ms. Burns: -- accepting the certification and declaration of results for the BID. Chair Sanchez: Yes. That is a resolution. Okay. No further discussion on the item. All in favor, say "aye." City of Miami Page 18 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, SS.1 has been approved, 5/0. END OF SPECIALLY SCHEDULED ITEM City of Miami Page 19 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 PUBLIC HEARINGS PH.1 08-01382 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Recreation AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHOD PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-86(A)(3) (C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT CITIZENS FOR A BETTER SOUTH FLORIDA, MIAMI DADE COLLEGE, AND THEODORE R. GIBSON MEMORIAL FUND, INC. D/B/A THELMA GIBSON HEALTH INITIATIVE, FLORIDA NOT -FOR -PROFIT CORPORATIONS, ARE THE MOST QUALIFIED FIRMS TO PROVIDE GENERAL EDUCATION DEGREE INSTRUCTION, COLLEGE PREPARATORY CLASSES, TEACHER INSTRUCTION, READING TUTORS, LOCAL CAMPUS TOURS, SCIENCE WORKSHOPS AND INSTRUCTION, THE PROVISION OF CASE MANAGEMENT, SOCIAL SERVICES AND FAMILY THERAPY, AND SIMILAR ACTIVITIES IN CONJUNCTION WITH EDUCATIONAL AND PARKS SERVICES AT VIRRICK PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICE AGREEMENTS ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH CITIZENS FOR A BETTER SOUTH FLORIDA, MIAMI DADE COLLEGE, AND THEODORE R. GIBSON MEMORIAL FUND, INC. D/B/A THELMA GIBSON HEALTH INITIATIVE, FOR A PERIOD COMMENCING APRIL 1, 2008 THROUGH JANUARY 31,2009, IN AN AMOUNT NOT TO EXCEED $48,952.68, FOR CITIZENS FOR A BETTER SOUTH FLORIDA, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $59,180, FOR MIAMI DADE COLLEGE, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AND IN AN AMOUNT NOT TO EXCEED $50,000, FOR THEODORE R. GIBSON MEMORIAL FUND, INC. D/B/A THELMA GIBSON HEALTH INITIATIVE, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS, IN THE TOTAL AMOUNT NOT TO EXCEED $158,132.68, PER YEAR, FOR ALL THREE (3) PSAS, FOR FISCAL YEAR 2008-2009, WITH FUTURE FISCAL YEARS' FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. City of Miami Page 20 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 08-01382 Legislation.pdf 08-01382 Exhibitl.pdf 08-01382 Exhibit 2.pdf 08-01382 Exhibit 3.pdf 08-01382 Exhibit 4.pdf 08-01382 Exhibit 5.pdf 08-01382 Exhibit 6.pdf 08-01382 Exhibit 7.pdf 08-01382 Exhibit 8.pdf 08-01382 Exhibit 9.pdf 08-01382 Exhibit 10.pdf 08-01382 Master Report.pdf 08-01382 Exhibit B C D.pdf 08-01382 Summary Form.pdf 08-01382 Memo 1.pdf 08-01382 Memo 2.pdf 08-01382 Public Hearing.pdf 08-01382 Master Report.pdf 08-01382 Pre Legislation.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-08-0682 Direction by Commissioner Sarnoff to the Administration to research and provide an analysis regarding the Children's Trust and the amount of revenue provided by City residents based on dollars received by community based organizations geographically located within the City and organizations that spend money within the City. Chair Sanchez: All right. Next item, PH.1, that's a public hearing. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. This is a resolution authorizing an agreement with Citizens for a Better South Florida, Miami Dade College, Theodore Roosevelt Gibson Memorial Fund, the Thelma Gibson Health Initiative Services, associated with the Virrick Park United for Peace prevention program. Chair Sanchez: All right. It is a public hearing, and as a public hearing, it requires a four fifth vote. Vice Chair Spence -Jones: Mr. Chairman -- Chair Sanchez: So at this time, let's go ahead -- Yes? Vice Chair Spence -Jones: No. Go ahead. I'll let him do the public hearing. Chair Sanchez: Okay, hold on. Need a motion and a second. Commissioner Sarnoff. So moved. Chair Sanchez: There is a -- Vice Chair Spence -Jones: Second for discussion. City of Miami Page 21 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Chair Sanchez: -- there's a motion by Commissioner Sarnoff, second by the Vice Chair for the purpose of discussion. Before we discuss the item, let's open it up to the public. It requires a public hearing. At this time, the public hearing is open. Mr. Mariano Cruz, you're recognized for the record. Mariano Cruz: No. I come because Mr. Sarnoff remember from the budget hearing, he told me you limit to whatever it is. See, now I can come in every public hearing and take my time, okay, so I have a right, First Amendment, on redress of grievances, and that's what I'm exercising now as a member -- as a City taxpayer, too. You know, I come here in the parks because I go -- like I had breakfast today in the Dominican restaurant there in 17th Avenue. You know why people complain there? Sunday there's going to be a big party at Duarte Park. Since Mr. Polanco died, Dominican guy, there's no Dominican employee there. You go to the Cuban parks, well, they got Cuban employees; Liberty City, they got (UNINTET,T IGIBT ,F) employee. There's no -- anybodyfrom the Dominican Republic. And just now on 17th Avenue, we got two new Dominican business there. They pay taxes to the City, occupational license, everything to the City, and they even cater to people that are Dominican but live out of the city limits, and they go there to spend money. You know, so I'd like to see -- because this is my only chance for public hearing -- the Parks Department to hire somebody from the Dominican Republic at Duarte Park. They call it Duarte Park, Dominican Park, and there is nobody from the Dominican Republic there and people complain to me on that. That's all got to say. (UNINTET,T IGIBT ,F) they can't come here because they have to be there making money to pay the occupational license, (UNINTELLIGIBLE), the electricity, everything. You know how much they have to pay, and they bringing employment into the City. That's how you solve the problem, not by giving welfare to the people or like the bankers or whatever, no, giving employment to the people. Teach the people to fish; don't give them fish. Thank you. Chair Sanchez: Thank you. Pamela E. Burns (Assistant City Clerk): Sorry. We need your name for the record, please. Mr. Cruz: Oh, yeah. He said it already. He said it. The Chairman said it. Mariano Cruz, 1227 Northwest 26th Street, for the last 43 years there. Chair Sanchez: Thank you, Mariano, always a pleasure to have you here. Anyone else wishing to address this item? If not, the public hearing is closed, coming back to the Commission for discussion. Vice Chair Spence -Jones, you're recognized for discussion. Vice Chair Spence -Jones: I just wanted to get clarity 'cause in my briefing -- andl, I guess, just got it from staff -- there was just an issue with Children's Trust, the grant, but that has been resolved? Because I thought the item was going to be continued. Pedro G. Hernandez (City Manager): The item has been resolved. Ernest, if you can address that. Mr. Burkeen: What's -- I'm sorry. I didn't hear the question. Vice Chair Spence -Jones: Just yesterday in my briefings with the Manager, there was just an issue around the funding from the Children's Trust, andl was told in that meeting that it was going to be continued until you guys resolved it, so I'm assuming that it's been addressed so that's the reason why we're taking it up. Mr. Burkeen: There -- Vice Chair Spence -Jones: The funding -from the Children's Trust. City of Miami Page 22 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Mr. Burkeen: The funding for the Children's Trust. The Children's Trust wants to terminate the agreement, okay. We have a meeting next week to have that discussion with them. However, services that have been rendered, they will pay for. Vice Chair Spence -Jones: Okay, so they have already -- Mr. Burkeen: Okay? Vice Chair Spence -Jones: -- agreed to --? Mr. Burkeen: That's correct. Vice Chair Spence -Jones: All right. I just wanted to follow up 'cause in my conversation with the Manager yesterday, he said he wanted to pull the item until you guys got it resolved. Mr. Burkeen: There was some misunderstanding about the grant itself. Vice Chair Spence -Jones: Okay. So they're going to pay for it no matter what? Mr. Burkeen: They are going to pay for the services that we have rendered so far. That's correct. Vice Chair Spence -Jones: All right. Chair Sanchez: All right, no further discussion on -- Commissioner Regalado: Mr. Chairman, I have a question. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Why they terminated the agreement? Mr. Burkeen: It's been a two-year process, and they have wanted the program to get going two years ago. They think it has taken too long for it to get going, and they are looking at another way to fund these agencies. Commissioner Regalado: No, I understand. But my information, my understanding is that the Children's Trust complains that the City has not met the requirements that they had when they approved that grant. Is that correct? Mr. Burkeen: They have complained. That is correct. The truth of the matter is that, in the two years, they have had three program managers. Whenever a new program manager comes in for Children's Trust, they revise the scope of the grant, which means that the City then must go back to all of these agencies, have them revise their scope, their budget, and then it has to go through another process again. It's been three different program managers over the course of two years that we've had to go through this with. Commissioner Regalado: Okay, just a comment. The Children's Trust is not a gift to us. We pay for it, and we pay good money for it, and we are not getting the right amount of what the residents ofMiami are paying, andl think that we will have to be more aggressive in presenting -- actually, I have been asking for several month, with no answer, regarding a possible request for grant for West End Park because the parents are looking at the need for that. And you know, I think that the people do deserve to have their fair share, and we need to understand how much are we paying. We're paying 50 cents for every $1, 000 value of every property in the City of Miami. Even those who do not pay taxes pay the Children's Trust. And you know, it's a beautiful City ofMiami Page 23 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 agency and it's great work, but the fact of the matter is that it's like the Florida Lottery. We are not getting what we're sending, and I really think that -- in that letter that I have not seen, but I have friends in the Children's Trust and they have told me that they were very concerned that the City did not met [sic] the requirements. I mean, now we know that they changed managers, but the point is that their excuse to withdraw hundreds of thousands of dollars is that the City didn't do what it had to do. Chair Sanchez: Can we address that? Robert Ruano: Yeah. Commissioner, Robert Ruano, director of Grants and Sustainable Initiatives. To address your first question about West End Park, I've been in -- and we spoke about this and I've been in communication with them, and their program director wants to wait until their board retreat in January before they can look at some other monies that they can spend, so that is still on their plate. They're looking at it, and so that's not a dead issue, on the West End Park. In reference to the letter, in reference to this particular program, it's still alive. We have been in communication with Mo Abety and Charles Auslander from the Children's Trust, and that's why we're meeting next week to go over the timelines from the City's side and from the Trust side and to come to some -- hopefully, come to some resolution. The Children's Trust does award the City approximately -- right now, five different grants, in excess of a million dollars, and also awards to a lot of agencies in the City also. And we have been, quite frankly -- we've received most of what we've asked for in this year, particularly. Commissioner Regalado: Thank you. Commissioner Sarnoff But if -- have you -- I don't know if that answered your question. Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff I'm sorry, Mr. Chair. Mr. Ruano: Okay. Commissioner Sarnoff I don't know that it answered his question. Has anybody done an analysis that derives the amount of revenue that is provided by City ofMiami residents based upon the number of dollars the City ofMiami receives and community -based organizations geographically can find or spent money in the City ofMiami? Mr. Ruano: No, sir. I don't know if it's been done recently. Commissioner Sarnoff Can we get that --? Mr. Ruano: That issue came up several years ago, and we had a meeting with the Children's Trust, with the Manager and the Administration at the time, and it was -- I think it was -- there was satisfaction that there was enough money coming to the City, but that's something that we can certainly do. Commissioner Sarnoff Would you get that back to us because --? Mr. Ruano: Sure. Commissioner Sarnoff You know, it seems to be -- this is the donor community -- Mr. Ruano: Sure. Commissioner Sarnoff -- for everything. City ofMiami Page 24 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Mr. Ruano: Of course. Commissioner Sarnoff. I mean, our state tax dollars, our federal tax dollars, we all pay out more than we get back in. And there's an irony here. It's probably the, what, third or fourth most needful city in America. So, you know, maybe what we need to do in '09 is look at are we getting at least what we put into something back. Mr. Ruano: We will certainly address that with them, and I'll get analysis to you, sir. Commissioner Sarnoff. Thanks. Chair Sanchez: All right. Any further discussion on this item? If not, it's a resolution requiring a four -fifth vote. 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. That takes care ofPH.1. PH.2 08-01383 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Recreation AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION, THAT THE FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("FOCAL") IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE AFTER -SCHOOL TUTORING, COUNSELING, AND COMPUTER EDUCATIONAL SERVICES FOR AT -RISK YOUTH AT THE CITY'S MOORE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FOCAL TO CONTINUE TO PROVIDE SAID AFTER -SCHOOL SERVICES, FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009, WITH THE OPTION TO RENEW FOR A ONE (1) YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $115,452; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $115,452, FOR FISCAL YEAR 2008-2009, FROM NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.882000, WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO BUDGETARY APPROVAL. City of Miami Page 25 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 08-01383 Legislation.pdf 08-01383 Exhibit 1.pdf 08-01383 Exhibit 2.pdf 08-01383 Exhibit 3.pdf 08-01383 Summary Form.pdf 08-01383 Memo 1.pdf 08-01383 Memo 2.pdf 08-01383 Public Hearing.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0683 Chair Sanchez: PH.2 is also a resolution. Is there a motion? Ernest Burkeen (Director, Parks & Recreation): Resolution authorizing a new agreement with FOCAL, with the Foundation of Community Assistance and Leadership; after school tutoring and computer training services at Moore Park. Chair Sanchez: This is something we do every year, folks. All right. Is there a motion? Commissioner Gonzalez: Move PH.2. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by the Vice Chair. Before we open it for discussion, it is a public hearing requiring a public participation. 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. Any discussion on PH.2? Hearing no discussion on PH.2, 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, PH.2. PH.3 08-01384 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-92(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND APPROVING THE PROCUREMENT OF PHYSIO-CONTROL CARDIAC LIFE SUPPORT EQUIPMENT MAINTENANCE SERVICE FOR THE DEPARTMENT OF FIRE -RESCUE, FROM PHYSIO-CONTROL, INC., A DIVISION OF MEDTRONIC (FORMERLY KNOWN AS MEDTRONIC PHYSIO-CONTROL CORPORATION), THE SOLE SOURCE PROVIDER, FOR A ONE (1) YEAR PERIOD EFFECTIVE OCTOBER 1, 2008, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT AN ANNUAL COST NOT TO EXCEED $46,457.30; ALLOCATING FUNDS FROM ACCOUNT City of Miami Page 26 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 CODE NO. 00001.184010.546000.0000.00000, SUBJECT TO BUDGETARY APPROVAL FOR SAID PROCUREMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE A TECHNICAL SERVICE SUPPORT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 08-01384 Legislation.pdf 08-01384 Exhibit.pdf 08-01384 Summary Form.pdf 08-01384 Memo 1.pdf 08-01384 Memo 2.pdf 08-01384 Memo 3.pdf 08-01384 Notice to the Public.pdf 08-01384 Corporations Division.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0684 Chair Sanchez: PH.3 is also a five fifth [sic] vote. It comes to us from the Department of Fire -Rescue. Commissioner Gonzalez: Move it. Chair Sanchez: All right. Just -- Commissioner Sarnoff. Second. Chair Sanchez: There's a motion and a second. Just put something on the record so the residents that are watching on TV (Television) know what we're voting on. Deputy Chief Maurice Kemp (Fire -Rescue): Yes, sir. It's a resolution approving a maintenance contract for cardiac monitoring equipment for the Department of Fire -Rescue with Physio-Control. Chair Sanchez: All right. There's a motion and a second. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward and be recognized. All right. Seeing no one -- we have one here in our facility. God -- we pray we don't ever have to use it, but we do have one here. All right. 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, PH.3 has been approved, 5/0. PH.4 08-01385 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "FORTUNY ESTATES", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1 ", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE City of Miami Page 27 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 PH.5 08-01386 Department of Public Works PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 08-01385 Legislation.pdf 08-01385 Exhibit 1.pdf 08-01385 Exhibit A.pdf 08-01385 Exhibit 2.pdf 08-01385 Exhibit 3.pdf 08-01385 Summary Form.pdf 08-01385 Memo 1.pdf 08-01385 Memo 2.pdf 08-01385 Public Hearing.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-08-0685 Chair Sanchez: PH.4 is a resolution from Public Works. Stephanie Grindell: Stephanie Grindell, director of Public Works. PH.4 is a resolution accepting the plat of Fortuny Estates, which is located on the easterly corner of Southwest 4th Avenue and Southwest 30th Road. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by the Vice Chair, second by Commissioner Gonzalez. It is a public hearing. Anyone from the public wishing to address this item, please step forward Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission for discussion. Hearing no discussion, 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.4 has been approved, 4/0, with the absence of Commissioner Regalado. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "FLORENCE PLAT", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN City of Miami Page 28 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 PH.6 08-01393 Department of Capital Improvements Program ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 08-01386 Legislation.pdf 08-01386 Exhibit 1.pdf 08-01386 Exhibit 2.pdf 08-01386 Exhibit 3.pdf 08-01386 Exhibit 4.pdf 08-01386 Exhibit 5.pdf 08-01386 Exhibit 6.pdf 08-01386 Exhibit 7.pdf 08-01386 Summary Form.pdf 08-01386 Memo 1.pdf 08-01386 Memo 2.pdf 08-01386 Public Hearing.pdf 08-01386 Memo.pdf 08-01386 Public Hearing 2.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 Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-08-0686 Chair Sanchez: PH.5 is also a resolution from Public Works. Stephanie Grindell (Director, Public Works): PH.5 is a resolution accepting the plat of Florence Plat, which is located along the north side of Northeast 17th Street, from just west of Northeast Miami Avenue to Northeast 2ndAvenue. Commissioner Sarnoff. So move. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. There's a motion by Commissioner Sarnoff, second by Vice Chair Spence -Jones. Before we open up for discussion, it's a public hearing. Anyone from the public wishing to address this item, please step forward and be identified Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission for discussion. Hearing no discussion on PH.5, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." PH.5 has been approved, 4/0, with the absence of Commissioner Regalado. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S RECOMMENDATION AND FINDINGS, PURSUANT TO City of Miami Page 29 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES FOR THE PROCUREMENT OF SERVICES; AUTHORIZING THE CITY MANAGER TO APPROVE CHANGE ORDER NO. 1 FOR ADDITIONAL WORK, FOR UNFORESEEN CONDITIONS AND ADDITIONAL SCOPE ITEMS, PERFORMED FOR THE ANTONIO MACEO PARK NEW COMMUNITY BUILDING PROJECT (B-60430A), DUE TO JOB ORDER CONTRACT ("JOC") EXPIRATION PRIOR TO CHANGE ORDER PROCESSING, IN AN AMOUNT NOT TO EXCEED $117,159.35, CONSISTING OF THE AMOUNT OF $115,427.93, FOR THE JOB ORDER CONTRACTOR FHP TECTONICS CORP. D/B/A F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, AND THE AMOUNT OF $1,731.42, FOR GORDIAN GROUP INC.'S JOC MANAGEMENT FEE; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NO. B-60430A. 08-01393 Legislation.pdf 08-01393 Exhibit.pdf 08-01393 Summary Form.pdf 08-01393 Memo.pdf 08-01393 Public Hearing.pdf 08-01393 Contractor's Cost.pdf 08-01393 CSI.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-08-0687 Chair Sanchez: PH. 6. PH. 6 is also a resolution of four fifth [sic]. Ola Aluko: Ola Aluko, director of Capital Improvements, City of Miami. PH. 6 is a resolution to request approval of the attached resolution, by four fifths affirmative vote, ratifying the City Manager's recommendation, authorizing him to approve change order number one for additional work performed at the Antonio Maceo Park and community building, in an amount not to exceed $117,159. Commissioner Sarnoff. So moved. Commissioner Gonzalez: Let the record reflect that when I saw this change work order, I questioned the matter because I didn't feel comfortable with it, andl was told that it was work that was done at the request of the City, additional work done at the request of the City. So -- Commissioner Sarnoff. Let me -- Mr. Aluko: That is correct. Commissioner Sarnoff. -- make the motion. Commissioner Gonzalez: Then I second the motion. Commissioner Sarnoff. So moved. Chair Sanchez: All right. There is a motion made by Commissioner Sarnoff, second by the Vice Chair on PH.6, which is a resolution. It requires a four fifth [sic] vote, but before we go to a City of Miami Page 30 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 vote, we have to open it up for the public. So at this time, the public hearing is open. Anyone wishing to address this item, please step forward and be identified Mariano Cruz: Public hearing. Chair Sanchez: Mariano -- Mr. Cruz: Mariano Cruz -- Chair Sanchez: -- please state your name and address for the record. Mr. Cruz: -- 1227 Northwest 26th Street, Miami, Florida 33142-7639. That's the ZIP (Zone Improvement Plan) code; make sure the letters get there right. Andl am -- live in District 1, that District 1 been there. I am a member of the CIP (Capital Improvements Program) Board too and we recommend that. And commend Ola Aluko because they're doing real good The streets in Allapattah are being fixed, first time in 40-something years that anybody put any asphalt there. You know, 40-some years, I've been here through so many (UNINTET,T IGIBT ,F) department, Public Works, they're doing -- the manager, you know, not very good things to say to commend people, because usually, you know, they -- but they are -- I get my hat off to all of them. Thank you. Commissioner Gonzalez: Mariano, I really appreciate -- Mr. Cruz: Oh, no. That -- Commissioner Gonzalez: -- being commended by reference. Mr. Cruz: You told me you were going to do it and you did it. They said deeds not words. Commissioner Gonzalez: Right. That's right. Chair Sanchez: Okay. Any further discussion on that? If not, I just want to elaborate a little bit on what Commissioner Gonzalez stated on that. Any time that we have change orders, it's questionable, okay. And what we have here -- I, for one, don't like to give after -the -fact approvals on mistakes, okay, but the Administration has done a good job in saying that it needed to be done. But here's where I have a problem with, okay. Where do you -- and this is $117, 000 change order. We're not talking about a $20, 000 change order, you know. We're talking about $117, 000 change order. Where do we get the -- an individual who is a project manager giving an okay on that change order without coming to this Commission for approval? Mr. Aluko: Commission -- Commissioner, rather, this is a unique case. This project was constructed via JOC (Job Order Contract) construction. Under the JOC contract that we -- the City has initiated with the Gordian Group, who are our JOC administrators, change orders that are within the project budget or project's capacity does not require City Commission approval. We do have minor change orders, $20,000 here, $10,000 here, and that's done in-house. The actual issue with this particular change order was that the project manager at the time did not approve the miscellaneous additional work before this contract expired, requiring us to come to Commission. Had the actual work been approved prior to the expiration of this contractor's contract, more than likely you would not have seen this in front of the Board. So this is a series of work that had been requested from October of 2007 through December of 2007, which ordinarily would have had their own individual change orders, $20, 000 here, $10, 000 there; so we added them all up and made one unified change order. Unfortunately, the previous project manager failed to approve this prior to the expiration of this JOC contractor's contract, hence, coming to the Board for ratification. City of Miami Page 31 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 PH.7 08-01387 Department of Community Development Chair Sanchez: Coming to the Board for ratification -- Mr. Aluko: Yes. Chair Sanchez: -- where -- you know, as I always state, our names are the ones that come out in the newspaper, andl think we have a fiduciary responsibility when we deal with these projects, especially when we're dealing with millions of dollars in CIP projects for these change orders. You know, I could question the change order, but I've been briefed and I've been clearly explained that it was work that needed to be done. Mr. Aluko: That's correct. Chair Sanchez: Andl went out there andl even saw the project and I'm very proud of the project. But we cannot -- I personally cannot allow the Administration or your department to put us in this situation where we're voting on something after the fact. That's my only concern here. Mr. Aluko: Very well. Chair Sanchez: All right. It's been discussed, PH.6. It's a resolution. There's been a motion and a second. The motion was made by Commissioner Sarnoff, second by Commissioner 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. Mr. Aluko: Thank you. 10:30 A.M. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 03-1245, ADOPTED DECEMBER 18, 2003, AUTHORIZING THE ALLOCATION OF FUTURE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME FUNDS TO INCLUDE HOUSING AND ECONOMIC DEVELOPMENT ACTIVITIES AS DEEMED NECESSARY BY THE CITY MANAGER. 08-01387 Legislation.pdf 08-01387 Summary Form.pdf 08-01387 Public Notice.pdf 08-01387 Pre 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 R-08-0688 Chair Sanchez: All right, PH.7. Alfredo Duran (Assistant Director): Good morning. Alfredo Duran, with the Department of Community Development. PH.7 is -- City of Miami Page 32 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Chair Sanchez: All right. Before we do that, these items have been properly -- Commissioner Gonzalez: Advertisedfor 10:30. Chair Sanchez: -- advertised. Sorry. We do have the translator here, so I just wanted to make sure that that's on the record. All right, so we'll take up PH.7 through PH.11. You're recognized for the record. Mr. Duran: Thank you. Alfredo Duran, with the Department of Community Development. PH. 7 is a resolution which amends a resolution passed in 2003 that authorized all programming coming in from the CDBG (Community Development Block Grant) program to be reserved for housing activities. What this resolution does is it authorizes those funds to also be reserved for economic development activities. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. PH 7, it's a resolution. There's been a motion by Commissioner Gonzalez, second by the Vice Chair. Anyone from the public wishing to address this item, please step forward. Seeing no one, hearing no one, the public hearing closed, coming back to the Commission for discussion. Commissioner Regalado, you're recognized for the purpose of discussion. Commissioner Regalado: Thank you, Mr. Chairman. How serious is the impact on housing -- affordable housing because of the crisis that we're experiencing in the -- not only the Community Development Block Grant, but in the whole industry of affordable house [sicg? Mr. Duran: Affordable housing has not been spared from the difficulties that most new developments or new constructions are experiencing. The sales have slowed down. The effects of the banks tightening up their lending has made it more difficult for people of lower incomes to be able to afford properties, even though property values have also declined, creating a need for the City and County to step up and provide more subsidies to these buyers. So all of the effects that have -- that the regular market has suffered, affordable housing has also experienced. Commissioner Regalado: But do you understand that the State of Florida has also made drastic cuts in their grant for affordable housing? Mr. Duran: Yes, we did. We learned that our SHIP (State Housing Initiative Program) program will experience a reduction of what originally was informed to us earlier in the year -- earlier -- three months ago, so we are going to receive less SHIP dollars. Commissioner Regalado: And there will be more cuts after the special session -- Mr. Duran: Very possible. Commissioner Regalado: -- in December, and also the surtax. Mr. Duran: Very possibly. Commissioner Regalado: So now what is economic development? Mr. Duran: Economic development are activities that are eligible under CDBG for the creation of jobs, the improvement of neighborhoods, street improvements. There's a long list of economic development activities that these funds can be utilized for. City of Miami Page 33 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Regalado: Andl hoped that you said that. I was hoping that you said that. So it's also infrastructure? Mr. Duran: Absolutely. Commissioner Regalado: Okay. So, Mr. Manager, this, of course, means that we will be able to use additional funds for infrastructure in this -- in each district. Is that correct? Pedro G. Hernandez (City Manager): That's correct, sir. Commissioner Regalado: But we don't know how much? Mr. Hernandez: Do we have any ideas as to the available funding? Mr. Duran: No. Program income varies, depending on the payments of -- yes. Commissioner Regalado: I understand that. Mr. Duran: So that number is never fixed. It's always a flexible number. Commissioner Regalado: No, but any idea? Mr. Duran: Just to give you an idea, this year we have not received any, but in the past three years, we have received about $3 million in program income. Commissioner Regalado: But we won't get that much this year because people are not paying? Mr. Duran: We can never tell how much we're going to get. Commissioner Regalado: Okay. Thank you. Chair Sanchez: All right. Any further discussion on PH. 7, which is a resolution? Hearing 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, PH.7 has been approved, 5/0. Vice Chair Spence -Jones: Mr. Chairman, I just want to add that I want to thank the Department of Community Development, Larry, and all the other departments. Given the economic climate that not only our City is facing, but the country is facing at this point, we all know how important economic development is from a job perspective. Right now people are more concerned right now about jobs than anything else. Commissioner Gonzalez: That's right. Vice Chair Spence -Jones: And we know, even in the Model City area and in the Overtown area because we're trying to even sell houses like Habitat for Humanities, we're now faced with the issue of people not even having a job to even purchase houses or hold on to them. So I want to commend the Department because I think this can be an effective tool to at least support some of the small businesses for us to attract new businesses to the area and, hopefully, do some additional things to bring more jobs to the area. I think that is extremely important for us to do that. So I want to commend the Department for their hard work on this. City of Miami Page 34 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 PH.8 08-01388 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ASSIGNMENT OF THE PURCHASE AND SALE AGREEMENT WITH CARRFOUR SUPPORTIVE HOUSING, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, FOR THE CITY OF MIAMI OWNED REAL PROPERTY LOCATED AT 5329 NORTHWEST 17TH AVENUE, MIAMI FLORIDA, TO OSPREY APARTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE DEVELOPMENT OF MIXED -USE AFFORDABLE HOUSING; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 08-01388 Legislation.pdf 08-01388 Summary Form.pdf 08-01388 Sale Agreement.pdf 08-01388 Authority to Sell.pdf 08-01388 Letter.pdf 08-01388 Map.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-08-0689 Chair Sanchez: All right. We move on to PH.8. PH.8 is a resolution. Alfredo Duran (Assistant Director, Community Development): PH.8 is a resolution that would modify an agreement, a purchase and sales agreement that was awarded to Carrfour Supportive Housing for the development of a low-income tax credit rental project. They were awarded through a reso -- through a RFP (Request for Proposals). They have created a (UNINTELLIGIBLE) corporation, as typically is done, for specific development of this site and applied through the low-income housing tax credit program. Chair Sanchez: All right. Need a motion. Vice Chair Spence -Jones: Second. Mr. Duran: Thank you. Chair Sanchez: Need a motion. Vice Chair Spence -Jones: So move. Commissioner Gonzalez: Second. Chair Sanchez: The motion has been made by the Vice Chair, second by Commissioner Gonzalez. Before we open it up for discussion, it requires a public hearing. Anyone from the public wishing to address this item? Seeing no one, the public hearing is closed, coming back to the Commission. No further discussion on the item. 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, this item has been approved, 5/0. City of Miami Page 35 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 PH.9 08-01389 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENTS HOUSING PROGRAM POLICIES FOR HOMEOWNERSHIP ACTIVITIES, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED. 08-01389 Legislation.pdf 08-01389 Exhibit A.pdf 08-01389 PreLegislation.pdf 08-01389 PreLegislation 2.pdf 08-01389 PreLegislation 3.pdf 08-01389 Background Information.pdf 08-01389 Summary Form.pdf 08-01389 Publlic Notice.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0690 Chair Sanchez: All right, PH.9. Alfredo Duran: PH.9 is a resolution that amends our -- of the City ofMiami's Housing Program policies to include a financing mechanism called "Buy Down" to assist in developers or developments that are suffering from the decline in property values. This would provide in part assistance in covering the shortfall between the costs and the value of those units. Commissioner Gonzalez: Move it. Chair Sanchez: There is a motion by Commissioner Gonzalez -- Commissioner Sarnoff. Second. Vice Chair Spence -Jones: Second. Chair Sanchez: -- second by Commissioner Sarnoff. I've called this the Affordable Housing Development Relief Act, all right. Before we discuss the item, let's open it up to the public. Mariano Cruz: Public hearing. Chair Sanchez: Mariano Cruz, for the record. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street, Miami, Florida. Okay. I have to say one thing. I have been in community development since the inception, after the -- you know, with President Johnson, the whole thing, and Model Cities creation, the whole thing. But I'm telling the Community Development Department, too, that when they do the advertising to get the people, don't put the ad in page 35-A of the Sunday Miami Herald. Who in Allapattah read the 35-A of the Miami Herald? Just me because I read the whole paper. Commissioner Gonzalez: Just you. Mr. Cruz: And Regalado maybe, I read it, to make sure; 35-A, and there was a big thing about the money and all the money the City was going to be -- nothing. Very -- you know, the people City of Miami Page 36 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 from Overtown, they went there. In Overtown, they were there and (UNINTELLIGIBLE) over there. Commissioner Spence -Jones was there, okay, even (UNINTELLIGIBLE) even know about -- but I knew about that, the money first got to be because when there is a program or something, first you got to have a public hearing, properly advertised, not in page 35-A of the Sunday Miami Herald. I don't know why it was done, but that was the way it was, and then after that, they have a meeting at the Artime after the Commission vote the issue, after the fact. Hey, what do you think? Do the right thing, do the right thing. Outreach, advertise, everything. How people are going to know about the programs if it doesn't get the right information or the outreach to the people get -- because that's very easy to do. It's not just word of mouth. Go there because they're going to -- (UNINTET,T IGIBT ,F) people that they smell money, it's like a shark when they smell blood. It's a feeding frenzy. I like the things to be advertised properly. Thank you. Chair Sanchez: You still got six seconds. Mr. Cruz: I still have? Hello there. Chair Sanchez: Okay. Thank you. All right. Anyone else? Listen, you know, I don't want to deny anybody due process and ample time to address their Commission. George Mensah: George Mensah, director of Community Development. Commissioner, I just wanted to put on the record that the advertising is done -- we don't control where Miami Herald puts the advertising in the paper. We just advertise, and we are required by HUD (Department of Housing and Urban Development) to put it in a newspaper of general circulation, and Miami Herald is very expensive, but we are required to do it and we still do it. In terms of the meeting that took place in Artime, the meeting was an informational meeting so it really had nothing to do with the approval of the guidelines. Chair Sanchez: All right. The public hearing is closed, coming back to the Commission. My understanding is that there's only really four buildings that qualin, for this. Sir, is that correct? Mr. Duran: Yeah. We're going to reserve this type of assistance to developments that have already received assistance from the City in order to help them be able to close them out. Chair Sanchez: And it's very simple. They build at one price because in today's market, the prices are so low, there's that gap, and all we're doing is we're helping those that are in the process of buying fill that gap so they could become property owners. Simple. Mr. Duran: In essence, yes. Chair Sanchez: All right. Commissioner Sarnoff. Well, let me -- can I just say something -- Chair Sanchez: Yeah. Commissioner Sarnoff. -- Mr. Chair? The only reason I'm actually supporting this -- 'cause, philosophically, I'm not sure I completely get the way we're doing it, but what the City ofMiami is doing in these four properties is protecting its already -existing investment. Mr. Duran: That's correct. Commissioner Sarnoff. If this were going to a new development and we were paying -- because this is not going to the buyer; this is going to the developer -- I would not support this. The only reason -- this is just backfilling your previous position that you've taken on behalf of the City ofMiami Page 37 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 taxpayers and you're protecting their investment in these four properties. That's why I'll support this. Mr. Duran: That's correct. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: So it's only four properties? Mr. Duran: There are four potential properties that have -- might be running into this situation, properties that we have assisted, and they're affordable home ownership developments that might have this problem. Commissioner Regalado: And the purpose is for the people to acquire? Mr. Duran: The situation is that the appraised values of these properties that were sufficient when originally planned to pay off all debt on the construction have declined, therefore creating a shortfall between the revenue coming into the project and the cost -- and the amount to repay these construction loans. What this does is it -- after reviewing the project's new budget and working with the developers, the developers will also have to take a hit in this. We will then either modift, our loan structure to forgive a portion of that which was either going to be repaid to the City or was going to be transferred over to a buyer. In essence, we're covering that shortfall or assisting -- Commissioner Regalado: Yes. Mr. Duran: -- in part. Commissioner Regalado: But you realize that starting January, the property appraisal [sic] office will be doing a new appraisal for the next year, and you realize that they are doing the appraisal that they did 18 month [sic] behind. So what is going to happen is that it's going to go down more. So what are you going to do? Mr. Duran: That's a problem that we're facing and we want to be able to have the ability -- Commissioner Regalado: No, no, but you are -- we're approving the value now. Mr. Duran: No, no. We're not approving a value. We're approving -- Commissioner Regalado: No. We're approving the appraised value difference, okay. Mr. Duran: Yes. Commissioner Regalado: I understand what you're saying. But what I'm saying to you is that this year appraisal was done with the market as it was 18 month [sic] ago, and this year we will get the appraisal next year with the market six month [sic] ago. You understand what I'm saying? Mr. Duran: Yes, absolutely. We'll have -- Commissioner Regalado: And -- Mr. Duran: -- a greater problem. Commissioner Regalado: -- the problem is if you do it now, but if we wait until -- to do the City of Miami Page 38 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 paperwork and all that, you do -- you wait until six or seven months, the amount will double, the one that the City has to come up with. Mr. Duran: That's very possible, but we're trying -- we're in the process of closing units now and we're dealing with appraisals -- current appraised values. If in the future, we're still in the process of closing these projects, we have a greater issue to deal with, we'll have to deal with it then, but what we're approving here is a mechanism, an ability to do this. Commissioner Regalado: Okay. Mr. Duran: The amounts will be reserved to the needs of the project. Commissioner Regalado: Okay. Chair Sanchez: But the bottom line is the last thing that we want is for a developer to walk away from an incomplete building when the people are going through the process of becoming property owners. Mr. Duran: Correct. Chair Sanchez: That's right. We're investing -- we're protecting our investment, which is what this accomplish. Mr. Duran: Exactly. Chair Sanchez: All right. No further discussion on this resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right? Motion carries. It's been approved, 5/0, on PH.9. PH.10 08-01390 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CITY Community OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENTS AFFORDABLE Development HOUSING INCENTIVE STRATEGIES AS RECOMMENDED BY THE HOUSING AND COMMERCIAL LOAN COMMITTEE AS REQUIRED BY FLORIDA STATUTE 420.9076; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S) TO IMPLEMENT SAID AFFORDABLE HOUSING INCENTIVES STRATEGIES. City of Miami Page 39 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 08-01390 Legislation.pdf 08-01390 Summary Form.pdf 08-01390 Public Notice.pdf 08-01390 Exhibit a.pdf 08-01390 Pre Legislation.pdf 08-01390 Memo 1.pdf 08-01390 Memo 2.pdf 08-01390 Memo 3.pdf 08-01390 Pre Legislation 2.pdf 08-01390 Policy Guidelines.pdf 08-01390 Pre legislation 3.pdf 08-01390 Memo 4.pdf 08-01390 Pre Legislation 4.pdf 08-01390 Memo 5.pdf 08-01390 Pre Legislation 5.pdf 08-01390 Letter.pdf 08-01390 Ad.pdf 08-01390 Pre Legislation 6.pdf 08-01390 Memo 6.pdf 08-01390 Ad 2.pdf 08-01390 Housing Reference.pdf 08-01390 Pre Legislation 7.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0691 Chair Sanchez: PH.10. Alfredo Duran (Assistant Director, Community Development): PH.10 is a resolution that modifies -- approves and modifies the City's Affordable Housing Incentive Plan. Since the inception of the SHIP (State Housing Initiative Program) program, the City has been required to maintain an Affordable Housing Incentive Plan providing incentives to affordable housing developers. This year the Florida -- the State of Florida required that the City ofMiami revisit and reapprove our incentive plan on a three-year basis. Our Affordable Housing Advisory Committee, in November, approved our Affordable Housing Incentive Plans and made three modifications or suggestions, and that [sic] were to allow the flexibility and density and intensity to affordable housing developments, also allow for additional height to the already reduction in parking and setback requirements, as well as to allow the Planning and Zoning director to administratively approve this. We have visited the Planning and -- the Planning Advisory Board, Zoning Board to bring this to them. What this does is this Commission approved this incentive plan and we need to bring it back for you to reapprove it. Chair Sanchez: All right. So this basically just puts the policy in place? Mr. Duran: Correct. Chair Sanchez: All right. Can we get a motion? Commissioner Gonzalez: Motion. Chair Sanchez: Motion has been made -- City ofMiami Page 40 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Vice Chair Spence -Jones: Second. Chair Sanchez: -- by Commissioner Gonzalez, second by the Vice Chair. Before we open it up for discussion, it requires a public hearing. Anyone from the public wishing to address PH.10, which is a resolution, please step forward. Seeing no one, the public hearing is closed, coming back to the Commission. Discussion on the item? Hearing no discussion on PH (Public Hearing) -- Commissioner Sarnoff. Mr. Chair. Chair Sanchez: Yes, sir. You're recognized for the record. Commissioner Sarnoff. Am I correct there's a misprint in this which talks about height reductions? Mr. Duran: That is correct. That's -- Commissioner Sarnoff. You're asking for height increases. Am I --? Mr. Duran: Height increases, correct. Commissioner Sarnoff. So you're looking for more intensity, more density and height increases on affordable housing projects? Mr. Duran: Right. In essence, providing the ability to create more units that are needed. Commissioner Sarnoff. How does the Commissioner then, under the present existing 13 -- sorry, 11000 Code, create a 1305 analysis? Does he still get to do the analysis? Pedro G. Hernandez (City Manager): Commissioner, the answer to your question is yes. You have -- you still get to do the 1305 analysis -- Commissioner Sarnoff. So -- Mr. Hernandez: -- on the project. Commissioner Sarnoff. -- you can judge whether the additional height or intensity and density is not in conformity with the neighborhood -- compatibility? Mr. Hernandez: Exactly. That study still is viable. It's something that you would need to do. Commissioner Sarnoff. Let me ask you this. Does pretty much or do pretty much most or all affordable housing projects come to the Commission for approval? Mr. Hernandez: Alfredo. Mr. Duran: They come to the Commission for approval for funding, but the construct -- Commissioner Sarnoff. When then does the Commissioner in that district decide, in a 1305 analysis, that -- let's say, for instance, you guys -- I say "you guys, "I apologize -- let's say the Administration decides 30 percent more capacity and let's create smaller units so the intensity becomes more. When does that Commissioner get to make a decision that, you know what, next to an R-1 neighborhood or even next to an R-2 neighborhood, or if you would prefer your Miami 21 numbers, when does he make that decision? City of Miami Page 41 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Mr. Hernandez: Commissioner, if the project is not as -of -right, the project will be coming before the City Commission. Commissioner Sarnoff. Well, that's my concern. Because if -- then this Commissioner is relinquishing control, or this Commission is relinquishing control for intensity, density and height to the Administration. Mr. Hernandez: I'm going to allow Lourdes to speak on the subject. Lourdes Slazyk: The current Zoning Code 11000 does have some requirements that for any project, when it's up against R-1 and 2, has to transition into the R-1 or 2 neighborhood. Oh, I'm sorry. For the record, Lourdes Slazyk, Zoning administrator. What this does is give an affordable housing project a right to request it, but it's not an entitlement. They still have to meet all of the other requirements of the Code. When there's a special permit, it will be judged using 1305, so there may be places in the City where it's totally appropriate and there may be places where it's not. Commissioner Sarnoff. Oh, I think understand that, but my point is maybe Commissioner Gonzalez sees things differently than the existing City Commissioner of District 2 would see things differently for his community. What he might think is appropriate under 1305 might not be whatl think is appropriate for 1305 or what you think is appropriate for a 1305. So my concern is -- and unless you can alleviate this concern -- how do I know that a project as -of -right gets a 1305 analysis that I think is appropriate and then the guy after me and the guy after me? Ms. Slazyk: Well -- Commissioner Sarnoff. Or woman after me and woman after me. Ms. Slazyk: -- an as -of -right project wouldn't get a 1305, but they would need to comply with all of the requirements of 11000, which, again, up against R-1 or R-2 neighborhoods, includes a transition in height. Commissioner Sarnoff. But -- and I'm not sure that -- because I think there's a gap, and here's the gap I see. If you create a policy for CDBG (Community Development Block Grant) to create further intensities, densities and heights, and the 1305 analysis is done by the Administration, how does the Commissioner sitting in that district know that he or she is satisfied that there's compatibility? Ms. Slazyk: I'm not sure -- Commissioner Sarnoff. You're not sure it happens? Ms. Slazyk: I'm not sure -- Well, the thing is the criteria is there, and if a special permit is required, that review is done. And that's where, you know, the professional staff will be, you know, reviewing it in compliance with that section, but only the ones that come to you that would be a Major Use Special Permit or something of that nature will then you get to make that decision. Commissioner Sarnoff. The reason I bring this up is -- I mean, we've sat here, at least since I've been here, and I've listened to a number of residents come in here complaining about inadequate parking or parking spaces, or if you would, floor plates for parking, you know, in various affordable housing projects. And now I know you're coming and making it a policy that you want to reduce parking, but not only do you want to reduce parking, but you equally want to City of Miami Page 42 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 create more density and more intensity as well as further height, so it seems like you're creating a triple problem, coupled with a reduced parking solution, so it's almost like you're saying, "Can I put a size 12 foot in a size 8 shoe?" Ms. Slazyk: Right. I was just told by the director of CD (Community Development) this is an initiation of a process that would actually still have to be codified into the Zoning Code, so when that happens, the Commission could request that anybody that comes in under this provision has to get your Commission approval and that way there will be a public process with the Commission decision on a case -by -case basis, which is probably -- would respond to your concern. Commissioner Sarnoff. All right. Ms. Slazyk: This would still -- Commissioner Sarnoff. So am I hearing -- Ms. Slazyk: -- have to be codified Commissioner Sarnoff. -- that -- Ms. Slazyk: There's still -- Commissioner Sarnoff. Go ahead. I apologize. Ms. Slazyk: Yeah. There's still another -- it still has to translate into the Zoning Code. This will initiate the process so that the Manager can do that, andl think if the Commission will is that they want to be able to see these cases, you just make sure that when it's coded into a Zoning Code, that your approval is required for these cases. Commissioner Sarnoff. So -- just so I can put it in layperson's terms -- and l feel like I am a layperson when I speak to you -- I know that ifI approve this, I will still have another review when it comes time for an affordable housing project that is asking for more intensity, more density and less parking in a project in the City ofMiami? Mr. Hernandez: Commissioner, the answer to that is yes. And when this policy that we're seeing here today gets coded into the Zoning Code, it will be written in that fashion. That's what Lourdes was referring to. Commissioner Sarnoff. That it will come before the City Commission? Mr. Hernandez: Yes. Commissioner Sarnoff. Okay. Mr. Hernandez: And the modification to the Code will be coming also before you. Commissioner Sarnoff. Okay. I just wanted to make sure that everybody had the opportunity to look at it. Chair Sanchez: All right. Any further discussion on the item? If not, there was a motion and a second. The public hearing was opened and closed. The item was under discussion. So at this time, we are on PH.10, which is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 43 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 4/0, with the absence of the Vice Chair. PH.11 08-01392 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $65,865, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 3 PUBLIC SERVICE RESERVE ACCOUNT (FISCAL YEAR 2008-2009); ALLOCATING SAID FUNDS TO THE AGENCIES SPECIFIED IN "EXHIBIT A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES IN DISTRICT 3, BEGINNING OCTOBER 1, 2008; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, OR AMENDMENTS TO EXISTING AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH SAID AGENCIES, FOR SAID PURPOSE. 08-01392 Legislation.pdf 08-01392 Exhibit A.pdf 08-01392 Amendment 1.pdf 08-01392 Child Care Program.pdf 08-01392 Agreement.pdf 08-01392 Exhibit B.pdf 08-01392 Exhibit C.pdf 08-01392 Summary Form.pdf 08-01392 Public Notice.pdf 08-01392 Pre Legislation.pdf 08-01392 Agencies Recommended.pdf 08-01392 Florida Non Profit Corporation.pdf 08-01392 Child Care Youth Service.pdf 08-01392 Agencies Recommended.pdf 08-01392 Exhibit B2.pdf 08-01392 Exhibit C2.pdf 08-01392 Budget.pdf 08-01392 Budget.pdf 08-01392 Master Report.pdf 08-01392 Certification.pdf 08-01392 Exhibit G.pdf 08-01392 I nsurance. pdf 08-01392 Corporation.pdf Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 2 - Commissioner Sarnoff and Spence -Jones R-08-0692 Chair Sanchez: PH.11. Lillian Blondet (Assistant Director): Good morning. Lillian Blondet, Department of Community Development. PH.11 is a resolution to transfer $65,865 in CDBG (Community Development Block Grant) funds from the City of Miami Department of Community Development District 3 public service reserve account to four agencies in the area providing public services. The City of Miami Page 44 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 agencies are Catholic Charities/Sagrada Familia, $9, 000; Centro Mater Child Care Services, $9, 000; Dr. Rafael A. Penalver Clinic, $4,865, and Sisters and Brothers Forever, $43, 000. Chair Sanchez: All right. I would pass the gavel to Commissioner Gonzalez and make a motion to approve the resolution. However, before we do that, anyone from the public wishing to address this item, please step forward and be recognized. The public hearing is closed, coming back to the Commission. I will make a motion to approve PH.11. Commissioner Gonzalez: We need a second. Commissioner Regalado: Second. Commissioner Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: It's a resolution that passed. END OF PUBLIC HEARINGS City of Miami Page 45 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 SR.1 08-01297 Department of Code Enforcement ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE PARTICULARLY BY AMENDING ARTICLE IV, CURRENTLY ENTITLED "LOT CLEARING," BY AMENDING THE TITLE TO "MAINTENANCE OF LOTS," CLARIFYING EXISTING LANGUAGE, AND CREATING NEW SECTIONS ADDRESSING THE INTENT OF THE ORDINANCE, REQUIRING REGISTRATION OF VACANT LOTS, AND EXEMPTING CERTAIN PROPERTIES FROM THIS ORDINANCE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-01297 Legislation.pdf 08-01297 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: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 13044 Chair Sanchez: Gavel comes back to the Chair. All right. Let's go (UNINTELLIGIBLE) take up SR.1. SR.1 is an ordinance on second reading, so we are on ordinances on second reading. Pedro G. Hernandez (City Manager): Mr. Chair, Commissioners, if you allow me, I would like to sort of correct the record, something that we omitted from the agenda; that this item, SR.1, is also cosponsored by Commissioner Spence -Jones. Chair Sanchez: Okay. Mr. Hernandez: And we had left it out the agenda. Chair Sanchez: Let the record reflect that it's sponsored by the Vice Chair. All right. Commissioner Gonzalez: All right. Mariano Loret de Mola: Loret de Mola, Code Enforcement director. This is amending Chapter 22 of the City Code entitled "Garbage and Other Solid Waste, " more particularly, by amending Article 4 entitled "Lot Clearing, " and by amending the title to "Maintenance ofLots. " This ordinance is to establish a program for identification and registration of vacant lots, and also establish the and expand the responsibilities of the owner and establish also an appeal process. Chair Sanchez: Okay. Motion is made by the Vice Chair. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. Before we open it up for discussion, it is an ordinance on second reading. Anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, coming back to the Commission for discussion. Vice Chair Spence -Jones: I just want to, Mr. Chairman, just thank Code Enforcement, the City City of Miami Page 46 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 SR.2 08-01316 Honorable Mayor Manny Diaz Attorney, and the City Manager for assisting me in improving the enforcement provisions. Thank you very much, Mariano. I really appreciate it. So hopefully, we can now begin to address the vacant lots. Chair Sanchez: All right. We should fly through all these ordinance on second reading, since we had them on first reading. All right. 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: All right. Roll call. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: This item has been adopted on second reading, 5/0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 18, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICULARLY BY ENACTING A NEW SECTION 18-117, ENTITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS;" ESTABLISHING MEASURES TO STIMULATE THE LOCAL ECONOMY; CREATING A PROCESS TO EXPEDITE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS AND CONSTRUCTION CONTRACTS FOR CERTAIN CAPITAL IMPROVEMENT PROJECTS IDENTIFIED BY THE CITY MANAGER IN ATTACHMENT "A," ATTACHED AND INCORPORATED, AS ECONOMIC STIMULUS PROJECTS; PROVIDING FOR CITY COMMISSION MODIFICATION OF THE LIST OF SUCH PROJECTS; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR, RECEIVE, REVIEW, REJECT, EVALUATE AND AWARD SUCH CONTRACTS; ESTABLISHING PROCEDURES AND LIMITATIONS FOR AWARDS; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE AND A SUNSET PROVISION. 08-01316 Legislation.pdf 08-1316 Exhibit 1-SR.-SUB.pdf 08-01316 Summary Form.pdf 08-01316 Memo.pdf Motion by Commissioner Sarnoff, 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 13045 Direction by Chair Sanchez to the Administration to provide an analysis of the number of jobs to be created within the City by the expenditure of funds on capital improvement projects based on City of Miami Page 47 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 the Economic Stimulus Program. Direction by Commissioner Regalado to the Administration to provide a report regarding the job creation market in the private sector for projects in the City to determine whether the City could expedite public works and infrastructure projects. Chair Sanchez: All right. SR.2. SR.2 is also an ordinance on second reading. Can we get a motion? Commissioner Sarnoff. So moved. Chair Sanchez: There's a motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- by Commissioner Sarnoff, second by the Vice Chair. You want to add something on the record? Ola O. Aluko (Director, Capital Improvements Program): Yes. I'd like to add on the record. A District 2 project, the Dinner Key Marina. That project, between the time we printed the document and now, is ready for construction, so we'd like to add that as part of this economic stimulus. Chair Sanchez: On SR.2? Mr. Aluko: Yes, SR.2. Chair Sanchez: So that item falls under the stimulus plan? Mr. Aluko: It falls under the stimulus expedite plan, yes. Chair Sanchez: Okay, so that's what you want to add? Mr. Aluko: That's all. Chair Sanchez: Okay. All right. Anyone from the public wishing to address the item, please step forward and be recognized. Seeing no one, hearing no one, it comes back to the Commission. Any discussion on the item? I just have to -- Mr. City Manager, these items will have to come back to the Commission for approval, correct? Mr. Aluko: Ratification. Pedro G. Hernandez (City Manager): They would come back to the City Commission for ratification. Chair Sanchez: For ratification. Mr. Hernandez: Yes. Chair Sanchez: The whole intent here is that this is a stimulus plan to get people out on the street to work, which I think not only do we need to be doing this, I know the County's also doing it and I think government on state and on the federal are pushing to send money down to get people to work. Mr. Hernandez: You're totally correct, sir. City of Miami Page 48 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Chair Sanchez: Is there any other way that we could expedite this as quickly as possible? Mr. Hernandez: Commissioner, we'll be looking internally, and if we find any other ways that we can do it, we'll also modin, the ordinance in order to take advantage of every possible avenue to facilitate work getting to the construction stage. Chair Sanchez: Also, can we have an analysis as to how many jobs these $55 million in CIP (Capital Improvements Program) projects, you know, provided in this City? Mr. Hernandez: Commissioner, I'll look into it and have the appropriate staff develop that information, andl'll report back to you. I'll send a memo to all of you as to what is the corresponding number ofjobs to those projects. Chair Sanchez: Okay. All right. Any further discussion? Commissioner Regalado. Julie O. Bru (City Attorney): Mr. Chairman, just a point of clarification. I think the correct way to categorize what happens with these contracts is not that they come back to you for ratification 'cause that has a significance. They come back to you by way of the City Manager submiting to you a bimonthly report of all the contracts. There is no ratification required. You have now the ultimate authority to execute the contracts. Mr. Hernandez: However, Mr. Chairman and Commissioners -- Chair Sanchez: Well, that's quicker than rati us raging it. I mean -- Commissioner Sarnoff. And that was my understanding as well. Ms. Bru: This ordinance delegates to the Manager the authority to execute the contracts. You need not take any further action to have a legally binding contract. What the Manager will be doing is reporting to you, on whatever basis he determines to do -- the ordinance requires it to be on a bimonthly basis -- of the contracts that have been executed. Mr. Hernandez: However, I think the ordinance also deals with restrictions that will guide my decisions. For example, a project where you have a bid protest has to come to you; a project where we have -- where we want to do an award of a contract that exceeds our estimate by ten percent will also come back to you. So it has to be projects that we feel we have a good award and we're confident that we can go forward with, otherwise, they have to come to you for your action. Chair Sanchez: All right. Commissioner Regalado, and then Commissioner Sarnoff. Commissioner Regalado: Thank you. I was going to mention that, that the fact is that we're delegating on the Manager all the powers of the Commission, which is what the County just did three month [sic] ago, and this is part of the expedite. Now the question is the timing and the timeline for this project. Since the Manager is going to be reporting, it would be good also if -- what we want to know is the job creation market within the City ofMiami -- to get a report from the Manager of the different projects on the private sector within the City ofMiami that have been delayed or are in the process of review of plans and all that. That is -- what I'm saying is the timeline -- if we can also expedite the Public Works and the infrastructure project, we could also expedite the private projects, the few private projects that are on the timeline because, after all, a job is a job if it's within the municipality ofMiami, and it will be good to have that report, too. Thank you. Mr. Hernandez: Commissioner, I think that it behooves us, the Administration and the City as a City ofMiami Page 49 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 whole, to facilitate and do everything within our power not only to expedite our projects, but to also expedite those of the private sector, so anything that we can do from our side on facilitating permitting or in helping those projects that are willing to go forward, to go, we'll do so and we commit to do that. Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff. Does this have a sunset provision in this ordinance? Mr. Hernandez: Yes. I believe it does. Mr. Aluko: Yes, it does. We -- and the City Attorney can confirm. Ms. Bru: The provision reads as follows: "The ordinance shall sunset upon completion of the approved list of projects as may be amended unless this ordinance is earlier repealed by the Commission." Commissioner Sarnoff. Unless this ordinance is? Ms. Bru: Earlier repealed by the Commission. Commissioner Sarnoff. Okay. The reason I can support this is twofold 'cause this potentially could be the "Miami Herald Relief Act. " This is where it puts a lot of responsibility on you, Mr. Manager, and we're delegating to you that responsibility. And the reason I'm comfortable with it, number one, is you personally. I think -- Mr. Hernandez: Thankyou. Commissioner Sarnoff. -- you're a man of great ethic, andl think you're a man of incredible fairness. But we're also seeing what the attachment is so we know the projects that are going to be expedited, and coupled with the fact that it will sunset so that your predecessor, I hope many years into the future -- and we don't know him or her yet -- so that's why I can support this ordinance. Mr. Hernandez: Thankyou. Chair Sanchez: All right. And we did this in July with the Melreese Clubhouse, didn't we? I mean, we basically -- Mr. Hernandez: Yes, as a single project, yes. And it worked out very well. Chair Sanchez: And how many jobs did we provide there at the construction site of that clubhouse, Commissioner Gonzalez? Mr. Hernandez: I -- Commissioner Gonzalez: Where? Chair Sanchez: At Melreese Clubhouse. Commissioner Gonzalez: How many people are working there now? Chair Sanchez: Yeah, construction. Commissioner Gonzalez: Yesterday there were like 60 people working. City of Miami Page 50 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Mr. Aluko: We anticipate over 100 people by the time the project is completed. Chair Sanchez: All right. Okay. No further discussion on SR.2, which is an ordinance on second reading. Read the ordinance into the record, followed by roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Pamela E. Burns (Assistant City Clerk): Prior to roll call, the item presented, does that amend the ordinance? Commissioner Sarnoff. She said as amended. Chair Sanchez: The item has been amended, for the record. Ms. Burns: Thank -- Ms. Bru: It was a modification. There was just an addition to the attachment, to the list of projects. Ms. Burns: So it would be modified? Ms. Bru: The attachment is revised. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: This item has been adopted on second reading, as modified, 5/0. Mr. Aluko: Thank you. END OF ORDINANCES - SECOND READING City of Miami Page 51 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 FR.1 08-01394 ORDINANCE Department of Public Works ORDINANCE - FIRST READING First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 55-14 ENTITLED "ENCROACHMENTS ON OR IN RIGHTS -OF -WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS," TO UPDATE THE REFERENCE TO THE FLORIDA BUILDING CODE; TO PERMIT AN ENCROACHMENT OF A PEDESTRIAN AND/OR VEHICULAR UNDERPASS, SUBJECT TO CITY COMMISSION APPROVAL BY RESOLUTION, BELOW THE RIGHT-OF-WAY, PUBLIC EASEMENT OR EMERGENCY ACCESS EASEMENT AREA; TO REQUIRE THE APPLICANT TO IDENTIFY THE PUBLIC INTEREST BENEFIT RELATED TO THE GRANTING OF PERMISSION BY THE CITY COMMISSION FOR THE ENCROACHMENT OF A PEDESTRIAN AND/OR VEHICULAR OVERPASS ABOVE OR UNDERPASS BELOW SAID RIGHT-OF-WAY, PUBLIC EASEMENT OR EMERGENCY ACCESS EASEMENT AREA; TO REQUIRE A COVENANT TO RUN WITH THE LAND AS A CONDITION FOR GRANTING OF PERMISSION FOR SAID ENCROACHMENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-01394 Legislation.pdf 08-01394 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, directing the Administration to provide a dollar structure to be included on the second reading ofFR.1. Chair Sanchez: All right. We move on to FR.1, ordinances [sic] on first reading. Stephanie Grindell: Stephanie Grindell, director of Public Works. This is an ordinance amending the City Code regarding the use of aerial rights, specifically to include a declaration of quantifiable public benefit for non -occupiable use of aerial and subterranean rights in the right-of-way. Chair Sanchez: All right. Is there a motion and a second? Commissioner Sarnoff. So moved. Chair Sanchez: There's a motion by Commissioner -- Commissioner Regalado: Second. Chair Sanchez: -- Sarnoff, second by Commissioner Regalado. Before we open it up for discussion, it is an ordinance on first reading, requiring 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. Discussion on the item? On the item, I had City of Miami Page 52 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 some concerns with this and I've had an opportunity to sit down with Administration and put my two cents. I think the character of this City is changing and it continues to change and it will continue to change. What we have here is we have -- this came out of the legislation where we allowed two buildings to come together through a walkway, through an alleyway, which is our alleyway, okay, and you know, we asked that you look at other cities throughout the United States to see how they handle that situation whereas to one, what conditions do you put or can we look at a fee base. And when we come up with this is that, you know, we have an opportunity here to raise money for our city because these individuals are basically using our air rights. And if any other development that you were to look at, you had developers that bought their neighbor's air rights and they paid good dollars for it, so why not capitalize on this situation to generate money for the City? Now, I don't know exactly what that amount could be, but think that the Administration needs to come back with us with an amount as to a fee base as to when situations like this happen again, you know, they need to proffer in a way a fee base or a fee base for the City to generate money. Now we all know that they have to maintain it, that they have to have proper insurance. Those are things that they need to have, but this is an opportunity for us in this city, in which we need to start heading in that direction, which is to clearly identify revenues that are out there coming in from these avenues and not from the taxpayers' dollars, so what I'm going to ask on first reading is to have the Administration come back with a set of fees for people who want to develop over our air rights, what that amount should be and what this legislative body will agree upon setting. Pedro G. Hernandez (City Manager): Mr. Chairman, we'll go back and work within -- with the staff and develop that formula, taking a look at the different factors that may have an influence on the particular location from appraised value of the land to anything else that may have an impact, and we'll come back with that formula. Chair Sanchez: Well, somehow we could -- I mean, it could come before second reading and we could pass it, as long as it comes with a fee. Mr. Hernandez: Yes. Chair Sanchez: We're making some money out of that. Mr. Hernandez: Yes. Chair Sanchez: We're just not giving away our air rights and telling them to maintain it and clean it. It just doesn't work that way. Mr. Hernandez: Right. The way it is now, it's based on identifying an improvement of public benefit, which can be subjective If we do it through a formula base, it's something that you can apply to every case, and whatever the outcome is, it is. Chair Sanchez: All right. So on first reading, I'm going to support it, but if it does not come back with some type of fee base or preparatory fee, or whatever you want to call it, I will not be supporting this legislation. All right. Having said that, FR.1 is an ordinance on first reading. Let's go ahead and read it 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 -- Pamela E. Burns (Assistant City Clerk): Roll call. Chair Sanchez: -- on first reading. City of Miami Page 53 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 A roll call was taken, the result of which is stated above. Ms. Burns: This item has passed on first reading, 5/0. Chair Sanchez: All right. I'm going to go ahead and do it through a motion form. I'm going to make a motion directing the Administration to come back with a dollar structure to be added on second reading. Could someone make a motion and second it for me? Commissioner Sarnoff. So moved. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Second. Chair Sanchez: Motion has been made by 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. " Motion carries. END OF FIRST READING ORDINANCE City of Miami Page 54 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 RE.1 08-01395 Bayfront Park Management Trust RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE SALARY OF THE EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST') IN THE ANNUAL AMOUNT OF $124,950, RETROACTIVE TO OCTOBER 1, 2008, AS APPROVED BY THE TRUST AT ITS OCTOBER 28, 2008 BOARD MEETING. 08-01395 Legislation.pdf 08-01395 Memo.pdf 08-01395 Evaluation Update.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-08-0693 Chair Sanchez: We move on. Now we go to resolutions. Here's where we could catch up a little bit, okay. We have RE.1. They do not require a public hearing, so we could try to make up some ground on this voluminous agenda. RE.1 is a resolution. Commissioner Gonzalez: It's approving the salary of the Bayfront Park executive director, andl move the -- Vice Chair Spence -Jones: Second. Commissioner Gonzalez: -- resolution. Chair Sanchez: All right. There's a motion by Commissioner Gonzalez, second by Vice Chair Spence -Jones. Discussion on the item? Commissioner Sarnoff. Tim Schmand is one of the best directors in the City ofMiami. He's done an excellent job of being a great steward for the public trust, when it comes to the Bayfront Trust. Tim's salary, based on his area of responsibility, coupled with the number of people that he actually manages, is substantially lower than most in the City. I'm surprised Tim doesn't move on to some place like Madrid or some very famous affluent city and ply his wares there, but we're lucky and fortunate enough to have Tim in love with the City ofMiami, andl think he probably loves his job more than most of us here and goes to work with a pretty good spry step every day, and we have some good things coming up. I know that Commissioner Sanchez started it, and we'll finish it with some capital improvement projects in the park this year. Chair Sanchez: I only have one word to say. Ditto. Commissioner Regalado. Commissioner Regalado: I think that Tim has done an extraordinary job on the Bayfront Trust. You could have done also a great job in MSEA (Miami Sports & Exhibition Authority), but MSEA, it's dormant. But I have a question for you. Is there -- I heard a rumor that there will be -- that there is a project on Bayside to something -- and a structure to be constructed or something in Bayside. Have you heard about that? Tim Schmand: Tim Schmand, Bayfront Park Management Trust, 301 North Biscayne Boulevard. People have come to talk to me about a potential structure on the east side of Bayside. I don't know that anything is firm on that yet. City ofMiami Page 55 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 RE.2 08-01396 Department of Fire -Rescue Commissioner Regalado: The fact that the parent company of Bayside and other projects is having economic problems, how that would impact that area, and especially, Bayfront? Have you heard anything? Because one connects the other anyways. Mr. Schmand: The relationship between Bayfront Park and Bayside is we're good neighbors. Andl know that there are some issues with General Growth and their need to find some funding, but other than that, I don't have any information that's not been in the media. Commissioner Regalado: Thank you. Chair Sanchez: Call the question. Commissioner Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. Mr. Schmand: Thank you, all. RESOLUTION A RESOLUTION OF THE CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") GRANT FUNDS, THROUGH THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, FOR REIMBURSEMENT OF EMERGENCY RELIEF EXPENSES INCURRED BY THE CITY OF MIAMI DURING AND IN THE AFTERMATH OF TROPICAL STORM FAY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE FEMA/STATE PUBLIC ASSISTANCE PROGRAM APPLICANT FUNDING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO SUBMIT RELATED CLAIMS TO FEMA AND TO ACCEPT PAYMENTS FOR SAME, SUBJECT TO THE TERMS AND CONDITIONS OF SAID AGREEMENT. 08-01396 Legislation.pdf 08-01396 Funding Agreement.pdf 08-01396 Summary Form.pdf 08-01396 State of Florida.pdf 08-01396 Charlie Crist.pdf 08-01396 Storm Fay.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0694 Commissioner Gonzalez: RE. 2, Vice Chair. Vice Chair Spence -Jones: Okay, RE 2. Deputy Chief Maurice Kemp: Maurice Kemp, deputy chief Fire -Rescue. This is a resolution authorizing the City Manager to accept FFJvL4 (Federal Emergency Management Agency) funds for reimbursement for emergency relief expenses incurred by the City in the aftermath of -- City of Miami Page 56 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 RE.3 08-01397 Office of the City Attorney Commissioner Gonzalez: Move it. Deputy Chief Kemp: -- Tropical Storm Fay. Vice Chair Spence -Jones: We had a motion. Commissioner Gonzalez: Move it. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF ORLANDO GARCIA-PLACENSIA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $140,000, 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 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. 05002.301001.515000.0000.00000. 08-01397 Legislation.pdf 08-01397 Memo.pdf 08-01397 Budget Signoff.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0695 Vice Chair Spence -Jones: RE.3. Commissioner Gonzalez: RE.3 is a settlement. Julie O. Bru (City Attorney): This is a settlement of a worker's compensation claim. This is in the case of Orlando Garcia-Placensia versus the City ofMiami, and it's in the amount of $140,000. This is an employee -- a former employee of the City ofMiami Solid Waste Department. Commissioner Gonzalez: Does the City Attorney recommend this? Ms. Bru: Yes, we do. City ofMiami Page 57 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. So moved. Commissioner Gonzalez: Okay. Second. Vice Chair Spence -Jones: We had a motion and a second. Commissioner Regalado: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. RE.4 08-01398 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Employee Relations ATTACHMENT(S), RATIFYING THE INTERIM COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI FRATERNAL ORDER OF POLICE (FOP), LODGE 20, SPECIFICALLY FOR THE CLASSIFICATION OF DETENTION OFFICERS, FROM RATIFICATION DATE THROUGH SEPTEMBER 30, 2010. 08-01398 Legislation.pdf 08-01398 Interim Agreement.pdf 08-01398 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. Let's go ahead and -- Madam Clerk, do we have to vote on them separately, or could we combine them all -- basically, the two continuance, can we do together? Pamela E. Burns (Assistant City Clerk): You have put on the record that you wish to have them continued or deferred. It's up to you if you want to vote, but -- Chair Sanchez: All right. Well, it's -- there -- I'd rather have a vote on them. Maybe a Commissioner has an objection to voting it. All right. If not -- Commissioner Gonzalez: Motion to defer RE.4 -- Chair Sanchez: No, no. Commissioner Gonzalez: I'm sorry, to continue RE.4 and to continue RE.5. Chair Sanchez: Okay. There's a motion. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Motion has been second by Commissioner Regalado. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 58 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 RE.5 08-00953 Department of Public Works RE.6 08-01401 Department of Capital Improvements Program Chair Sanchez: Anyone in opposition, having the same right, say "nay." For the record -- Commissioner Gonzalez: Motion to -- Chair Sanchez: -- RE. 4 and -- Commissioner Gonzalez: -- defer RE.9. Commissioner Sanchez: -- RE.5 have been continued. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND PERMITTING THE CONSTRUCTION AND MAINTENANCE OF A NINE (9) LEVEL PEDESTRIAN OVERPASS OVER AND ACROSS THE PUBLIC ALLEY LOCATED APPROXIMATELY 160 FEET SOUTH OF BIRD ROAD, BETWEEN SOUTHWEST 38TH COURT AND SOUTHWEST 38TH AVENUE, MIAMI, FLORIDA, BY 3031 INVESTMENT CORPORATION, IN ORDER TO CONNECT THE NEWLY CONSTRUCTED PROFESSIONAL BUILDING AND PARKING GARAGE LOCATED AT 3850 BIRD ROAD, MIAMI, FLORIDA, WITH A MINIMUM VERTICAL CLEARANCE OF 16 FEET ABOVE THE SURFACE OF THE PUBLIC ALLEY; CONDITIONED UPON THE 3031 INVESTMENT CORPORATION EXECUTING A COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM, IN FAVOR OF THE CITY OF MIAMI; PROVIDING FOR A PROCEDURE FOR THE REMOVAL OF THE PEDESTRIAN OVERPASS UPON FAILURE OF 3031 INVESTMENT CORPORATION TO MAINTAIN IT, AMONG OTHER TERMS SET FORTH THEREIN; PROVIDING FOR REQUIREMENTS PERTAINING TO THE PLANS FOR THE CONSTRUCTION OF THE PEDESTRIAN OVERPASS; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT SAID COVENANT, FOR SAID PURPOSE. 08-00953 Exhibit.pdf 08-00953 Exhibit 2.pdf 08-00953 Exhibit 3.pdf 08-00953 Legislation V2.pdf 08-00953 Summary Form V2.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones [For minutes related to item RE.5, see item RE. 4.] RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO INCREASE AUTHORIZED EXPENDITURE LIMITS BY A NOT TO EXCEED AMOUNT OF $500,000, FOR EACH OF TEN (10) FIRMS UTILIZED FOR MISCELLANEOUS CAPITAL PROJECTS, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. City of Miami Page 59 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 06-07-019 AND RFQ NO. 06-07-039, FOR THE PROVISION OF CIVIL ENGINEERING SERVICES ON A CONTINUING BASIS, FOR MISCELLANEOUS PROJECTS, THEREBY INCREASING THE EXPENDITURE LIMIT FROM FOR EACH FIRM, FROM $500,000 TO $1,000,000; ALLOCATING FUNDS FOR WORK ASSIGNMENTS AS NEEDED FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS. 08-01401 Legislation.pdf 08-01401 Exhibit.pdf 08-01401 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0696 Vice Chair Spence -Jones: RE.4. Well, RE.4 is being -- RE.4 and 5 is [sic] being continued. RE. 6. Ola O. Aluko: Ola Aluko, director of Capital Improvements, City of Miami. RE. 6 is a resolution to approve amendments to the professional services amendment [sic] for ten engineering firms, to authorize an expenditure limit by $500, 000 to continue utiliziing the firms for provisions of civil engineering services for miscellaneous projects as needed citywide. Vice Chair Spence -Jones: All right. Do we have a motion? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Have a second? Commissioner Regalado: Second. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. RE.7 08-01402 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL Improvements SERVICES AGREEMENT ("PSA"), WITH WOLFBERG ALVAREZ & Program PARTNERS, INC., FOR MISCELLANEOUS ARCHITECTURAL/LANDSCAPE ARCHITECTURAL DESIGN SERVICES, INCREASING THE PSA IN THE AMOUNT OF $500,000, THEREBY INCREASING THE PSA AMOUNT FROM $500,000 TO A TOTAL NOT TO EXCEED AMOUNT OF $1,000,000; ALLOCATING FUNDS FOR WORK ASSIGNMENTS AS NEEDED FROM VARIOUS CAPITAL PROJECT ACCOUNTS; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PSA, IN City of Miami Page 60 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 RE.8 08-01403 Department of Capital Improvements Program SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 08-01402 Legislation.pdf 08-01402 Exhibit.pdf 08-01402 Summary Form.pdf 08-01402 Memo.pdf 08-01402 Agreement.pdf 08-01402 Corporate Resolution.pdf 08-01402 Certificate of Authority.pdf 08-01402 Attachment A.pdf 08-01402 Attachment B.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, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0697 Vice Chair Spence -Jones: RE.7. Ola O. Aluko (Director, Capital Improvements Program): RE.7 is a resolution to approve amendment number one to the professional services agreement with WolfbergAlvarez, Incorporated, for miscellaneous architectural landscape -- architectural design services, not to exceed $500, 000. Vice Chair Spence -Jones: We had a motion -- do we have a motion on this item? Commissioner Gonzalez: I'll -- yeah, I'll move it. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: Second by Sarnoff. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING APPROPRIATIONS RELATING TO CAPITAL PROJECTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009; FURTHER AMENDING PRIOR YEAR APPROPRIATIONS TO CONTINUE PREVIOUSLY APPROVED PROJECTS, AND DEAPPROPRIATE TRANSIT HALF CENT SURTAX AND LOCAL OPTION GAS TAX FUNDS FROM CAPITAL TO BE MOVED TO THE STREET BOND DEBT SERVICE FUND FOR THE STREET BOND DEBT SERVICE PAYMENT. 08-01403 Legislation.pdf 08-01403 Exhibit.pdf 08-01403 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 61 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Spence -Jones Noes: 1 - Commissioner Sarnoff Absent: 1 - Commissioner Sanchez R-08-0698 Vice Chair Spence -Jones: RE.8. Ola O. Aluko (Director, Capital Improvements): RE.8 is a resolution appropriating new funding and continuing previously -approved capital projects for the fiscal year 2009. Vice Chair Spence -Jones: Do we have a motion on this item? Commissioner Gonzalez: Move RE.8. Vice Chair Spence -Jones: I have a motion. Need a second. Commissioner Sarnoff. I sort of have an issue with this. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. I mean, when I look at this -- and l just consider that District 2 has more roads and more streets than any other district in the City ofMiami and it's got the most F-rated streets, which means streets in the worst condition -- and if you just look at the list, there's just not much on it for District 2. Mr. Aluko: Specifically, Commissioner, what is your concern? Commissioner Sarnoff. Oh, I don't know. Maybe we're not getting our fair share or something like that. Mr. Aluko: In terms of appropriations, all we're doing is funds that we received from June 2008 to September 31, 2008, we are putting them in the required fund source. With regards to your statement of District 2 receiving fair share when it comes to the street bonds, we distributed the street bonds equitably -- or almost equitably. Commissioner Sarnoff. You distributed them, essentially, evenly. However, District 2 has more streets and roads than any other district; it also has the most failing streets than any other district. So when you say you distributed them equitably, what you did was you acted and you divided them, but you didn't consider the needs. That's my concern. I'm putting it on the record. Mr. Aluko: Okay. Vice Chair Spence -Jones: Okay. We had a -- so you want to respond to that? I know we had a motion. Mr. Aluko: No, no. He's putting it on the record. Vice Chair Spence -Jones: Okay. We have a motion. Do we have a second on this item? Commissioner Regalado: Second. Vice Chair Spence -Jones: All in favor? Commissioner Gonzalez: Aye. City ofMiami Page 62 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Regalado: Aye. Vice Chair Spence -Jones: All right. This item passes. Commissioner Sarnoff. If you're asking, I'm going to vote no on it, so -- Vice Chair Spence -Jones: Okay. Let the record reflect no for Sarnoff. RE.9 08-01136 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE ASSIGNMENT OF THE Improvements PROFESSIONAL SERVICES AGREEMENT WITH BEA INTERNATIONAL Program CORPORATION/HUFF+GOODEN ARCHITECTS, LLC TO BEA ARCHITECTS, INC./HUFF+GOODEN ARCHITECTS, LLC FOR THE PROVISION OF ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE CITY OF MIAMI'S HISTORIC VIRGINIA KEY BEACH PARK MUSEUM, PROJECT B-30508; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSIGNMENT, ASSUMPTION, AND RATIFICATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. City of Miami Page 63 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 08-01136 Legislation.pdf 08-01136 Exhibit 1.pdf 08-01136 Exhibit 2.pdf 08-01136 Exhibit 3.pdf 08-01136 Exhibit 4.pdf 08-01136 Exhibit 5.pdf 08-01136 Exhibit 6.pdf 08-01136 Exhibit 7.pdf 08-01136 Exhibit 8.pdf 08-01136 Exhibit 9.pdf 08-01136 Exhibit 10.pdf 08-01136 Exhibit 11.pdf 08-01136 Summary Form.pdf 08-01136 Adopted Resolutions.pdf 08-01136 Letter.pdf 08-01136 Assignment.pdf 08-01136 Schedules.pdf 08-01136 Approving Assignee's.pdf 08-01136 BEA Contracts.pdf 08-01136 Bill of Sales.pdf 08-01136 Sale Agreement.pdf 08-01136 Schedules 2.pdf 08-01136 Master Report .pdf 08-01136 Pre Legislation.pdf 08-01136 Pre Summary Form.pdf 08-01136 Text File Reports.pdf 08-01136 Breakdown Report.pdf 08-01136 Master Report 2.pdf 08-01136 Pre Legislation 2.pdf 08-01136 Pre Summary Form 2.pdf 08-01136 Memo 2.pdf 08-01136 Ranking Form.pdf 08-01136 Pre Legislation 3.pdf 08-01136 Memo 3.pdf 08-01136 Memo 4.pdf DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Spence -Jones, and was passed unanimously, to defer item RE.9 to the City Commission meeting currently scheduled for January 29, 2009. Chair Sanchez: There's a motion by Commissioner Gonzalez to defer RE.9. Need a second. Vice Chair Spence -Jones: Second. Chair Sanchez: Second. All right. 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." Any other items from the Commission reference deferral or continuation? All right. Why don't we take up PZ (Planning & Zoning) items -- I mean -- I'm sorry. Let's take PZ items. Any PZ items -- Pamela E. Burns (Assistant City Clerk): Mr. -- City of Miami Page 64 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 RE.10 08-01436 Office of the City Attorney Chair Sanchez: -- requests? Ms. Burns: -- Chair, that is on a separate agenda. Chair Sanchez: It is, but can we defer them or do we have to wait to the time? I mean, if people are here -- Ms. Burns: Well, it's after 10, but -- Chair Sanchez: -- we could get them out of here. Ms. Burns: Again, if we're going to the PZ agenda, we do have web streaming, so -- Chair Sanchez: Okay. All right. So let's wait 'til it was properly advertised, and then we'll take up the PZ items for the sake of having good documentation on it. All right. Any other item on the regular agenda? Any other item on the regular agenda? RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LINDA DIEDEL $7,500 PLUS ATTORNEYS FEES AND COSTS OF $107,000 FOR A TOTAL OF $114,500, AND DIRECTING THE CITY MANAGER TO MAKE REPAIRS AND MODIFICATIONS TO STREETS AND SIDEWALKS WITHIN THE MAINTENANCE JURISDICTION OF THE CITY OF MIAMI TO COMPLY WITH THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE OF LINDA DIEDEL VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION, CASE NO. 08-20304-CIV-UNGARO, PURSUANT TO A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS FOR THE PAYMENT OF $114,500 FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.515000.0000.00000; AUTHORIZING THE CITY ATTORNEY TO TAKE ALL LEGAL ACTION NECESSARY, INCLUDING INITIATING ANY AND ALL ACTION, IN LAW OR IN EQUITY, TO OBTAIN REIMBURSEMENT FOR ALL EXPENDITURES RELATING HERETO. 08-01436 Legislation.pdf 08-01436 Exhibit 1.pdf 08-01436 Exhibit 2.pdf 08-01436 Memo.pdf 08-01436 Budget.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, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0699 Vice Chair Spence -Jones: Okay. Item number 9, we continued, so we're going to item number RE.10. City of Miami Page 65 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Julie O. Bru (City Attorney): Madam Vice Chair, item 10 is also a resolution of the City Attorney's Office. This is recommending a settlement in the case of Linda Diedel versus City of Miami. This is an action brought on behalf of this plaintiff alleging violations of the Americans with Disabilities Act and the Rehabilitation Act. Commissioner Gonzalez: Does the City Attorney recommend settlement? Ms. Bru: Yes. We recommend settling this case. Commissioner Sarnoff.. So move. Commissioner Gonzalez: Motion. Vice Chair Spence -Jones: Got a motion and a second by Commissioner Sarnoff. Discussion by Commissioner Regalado. Commissioner Regalado: Briefly. Mr. Manager and Ola, are we aware that this lady, before she filed suit, went around and told the contractors that they were doing something wrong and communicated that to the City and nobody paid attention? Ola O. Aluko (Director, Capital Improvements Program): It's my understanding, from the Risk Management Department and also our Legal Department, that the resident did bring this to the City's program manager's attention at the time, and unfortunately, nothing was done to their satisfaction. Commissioner Regalado: Okay. So who's going to pay this? Ms. Bru: Okay. Commissioner, as part of this resolution, we're also seeking authorization from this Commission, City Attorney seeking authorization to take all legal action necessary to recover those funds. We believe strongly that we will be entitled to prevail in a legal action against the project manager, one of the contractors -- there were two contractors involved; one of them has already acknowledged responsibility and is working with the City -- Mr. Aluko: That is correct. Ms. Bru: -- in holding the City harmless for their share, their proportionate share of the cost, and we will be going after the other contractor and the project manager. Commissioner Regalado: And that would be -- is the company HDR (Henningson Durham and Richardson) or --? Ms. Bru: I believe it was HDR, yes. Mr. Aluko: That's correct. Commissioner Regalado: Okay. Thank you. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: All right. We had a motion and a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. RE.11 08-01458 RESOLUTION City of Miami Page 66 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), ACCEPTING A PAYMENT TO THE CITY OF MIAMI, IN THE AMOUNT OF $500,000, IN SETTLEMENT OF THE CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI VS. BAYSIDE CENTER LIMITED PARTNERSHIP, AN AFFILIATE OF GENERAL GROWTH PROPERTIES, INC., AMERICAN ARBITRATION ASSOCIATION CASE NO. 32 115 Y 00687, PURSUANT TO THE TERMS OF A SETTLEMENT AGREEMENT; DIRECTING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 08-01458-Legislation-SUB. pdf 08-01458 Exhibit 1.pdf 08-01458 Exhibit 2.pdf 08-01458 Memo.pdf Motion by Commissioner Sarnoff, 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 Noes: 1 - Commissioner Sarnoff R-08-0700 Direction by Vice Chair Spence -Jones to the Administration to provide a report to determine the status and expenditure of funds held by the Bayside Minority Foundation to provide assistance to small businesses and/or businesses located at Bayside. Vice Chair Spence -Jones: We move on to -- Commissioner Gonzalez: RE.11. Vice Chair Spence -Jones: -- RE.11, Bayside Center. Julie O. Bru (City Attorney): Okay. This is another recommendation of the City Attorney. This is a settlement of an arbitration between the City ofMiami and Bayside, which technically is General Growth Properties, Inc. This arbitration would resolve a dispute that the City has with this tenant regarding the payment of rent. The settlement would result on the tenant paying the City $500, 000, which represents what we believe is underpayment of rent. It would be paid in five installments of $100, 000. It also would resolve a dispute regarding certain payments that the tenant is supposed to be making into a minority foundation. We don't have documentation as to whether or not those payments have been made for the years of 2004 through 2008, so after approval of this settlement, they are required either to document that they've made the payments or pay the $100, 000 that they're obligated to pay during that time period per year, so it's $400, 000. Additionally, this settlement will also allow for the parties to go back to the table and renegotiate certain terms that are in the lease that are, perhaps, ambiguous and would clarify -- for example, the definition of what available income for distribution is, which would, in the future, benefit the City with respect to being able to maximize its additional rent. Chair Sanchez: Okay. Commissioner Gonzalez: All right. Motion on the item. Commissioner Sarnoff. Make a motion -- Chair Sanchez: Okay. City ofMiami Page 67 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. -- for discussion. Vice Chair Spence -Jones: Second for discuss -- Chair Sanchez: Okay. There's a motion by Commissioner Sarnoff, second by the Vice Chair for the purpose of discussion. This is a resolution. We are on RE.11. Commissioner Sarnoff, you're recognized for discussion. Commissioner Sarnoff. All right. First off I think the City Attorney has done a good job of getting us to where we are today in terms of a settlement. I actually think the numbers that they're settling for, one aspect of the case, is probably a judicious settlement and probably a wise settlement, but there's much more to do here because I think everybody inherited -- I don't think anybody was on this dais back when Bayside was created or the terms and conditions were put together. My understanding is to understand the payments took Victor Igwe and about 40 rocket scientists to understand the payment schedule, and that's a shame because you certainly want to write in English clearly, simply so everybody can understand it. I don't care how smart you are; if you can't write that simply, you shouldn't be writing a contract. But my understanding, Madam City Attorney, is that there's still one more component, which is the retail part of the lease that needs to be further negotiated. Is that correct? Ms. Bru: No. There isn't any dispute that hasn't been resolved by this settlement. What we need to further negotiate would be the definitions used for things such as net income available for distribution that affect the retail lease. This arbitration really concerned only payment under the garage lease. Commissioner Sarnoff. So those disputes continue without resolution? Ms. Bru: There isn't a pending dispute with respect to whether there has been any underpayment regarding the retail lease. The parties have agreed to negotiate and clam the terms used in the retail lease that govern how we calculate income to the City. Commissioner Sarnoff. In Victor Igwe's audit -- I don't have it in front of me -- did he audit and go into the retail component of that lease? Ms. Bru: Yes, he did, but he determined that the way that that lease -- you know, the definitions are provided, he did not come up with any numbers of money that he determined were owed to the City, and perhaps the CFO (Chief Financial Officer) can address that better. Larry Spring: Larry Spring, chief financial officer. I concur with the statements of the City Attorney. I think the question that you're asking about the go forward plan, the lessor, the Manager, is -- requested that we enter into a fourth amendment to the lease agreement. Substantially, what they're attempting to do -- in the original lease, there is a cap on the leasehold mortgage that they're allowed to have, and that cap is equal to the amount of the capital cost incurred to build it at that time back in '85. They're attempting -- their real request is the ability to leverage that value -- obviously, there's probably equity in that property now that they could leverage out, andl think -- well, it should be stated on the record that General Growth Properties having some serious financial issues. In fact, I have been monitoring their -- Commissioner Sarnoff. Stock. Mr. Spring: -- stock price on a daily basis. It got down to as low as like 40 cents a share from $40 a share earlier in the year, so it's been widely reported that they're having some issues, so -- as a company, not necessarily this particular property in itself. So that's what they're attempting to negotiate with us. We, obviously -- if we're going to negotiate, we need to take the City of Miami Page 68 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 opportunity, as the City Attorney stated, the definitions of net income for distribution, the way they're established now, it is my opinion that if we allow them to leverage the property more, it will result in us reducing the amount of income that the City gets at the end of the day, so I would like to mod -- if we're going to do this, I want to modify that definition so that, you know, we stay at least neutral to the day and, hopefully, make more money as we move forward and allow them some flexibility to be able to refinance. Commissioner Sarnoff. One of the components -- and somebody correct me if I'm wrong -- is that you would settle for this $500, 000, you would receive a $100,000 payment and then yearly $100, 000 payments. Mr. Spring: Correct. Commissioner Sarnoff. Correct me if I'm wrong, wouldn't we be better suited if we allow them to go out to the debt market, incur more debt that we get our $500, 000 today versus getting it potentially from a company that could very well end up in bankruptcy? Mr. Spring: Yes. Commissioner Sarnoff. And let me finish -- since we're suited -- I don't mean to step on you, Larry, I apologize. But since we're -- wouldn't we be in a better position and aren't we in a better negotiating position to say to these folks, look, if you're going to go above your 25 percent threshold 1985 build dollars, then -- and you're about to take -- and I'm just throwing a number out here -- 45, $50 million, how can you not pay the City of Miami the $500,000 that you've agreed to based on a potential breach of contract? Mr. Spring: I don't disagree with you. That is a -- that would be something good, a good position to take. It's just, as defined right now, we'd end up paying for it. The way the net income for distribution definition is in that contract, they get a credit back, in essence, for the amount of their debt, their debt service payment. So to the -- Commissioner Sarnoff. No, no. I understand -- Mr. Spring: Okay. Commissioner Sarnoff. -- you wanting to renegotiate that, but since you're asking this Commission for discretion and you're asking for permission, could we and should we not, in the interest of the taxpayers, require that we get this $500, 000? Should you deem it in the City's interest, based upon new definitional thresholds for rent payments, wouldn't we be better suited to get our $500, 000 now, again, with your amendments, than to get it -- than potentially put it to a company that owns a great deal of real estate in Las Vegas, which is worth pretty much the sand it's on? Mr. Spring: Again, yes, but I don't know -- we've negotiated terms that we have now, and so, basically, I would be trying to -- we'd be trying to negotiate that in the fourth lease amendment, you know, that you now pay -- we're agreeing now to accept it in installments, first one being January, but as a condition of the fourth lease amendment -- andl don't have any problem asking for it. I just don't want them to say it's not in good faith or whatever. But I'm willing to ask that and willing to do that, but as part of the fourth lease amendment, which we do have a great deal of leverage on. Commissioner Sarnoff. How does any Commissioner sit here right now with a company that has a stock price of 50 cents to a dollar -- Mr. Spring: Probably 1.50 today. City of Miami Page 69 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. Sorry? Mr. Spring: I said about 1.50 today, I'm sure. Commissioner Sarnoff. $1.50? Okay. They've had a good -- I wish I owned it at 40 cents, then, I would have made some money. But how do we sit here today with a company that could very well go bankrupt and not exact an amount and measure that the City taxpayers would be better suited to get? Ms. Bru: Commissioner, this that is before you, this recommendation, is the result of a two-day mediation. As -- you know, as you know -- I mean, we could have gone through the whole arbitration process. This was a baseball arbitration. The City could have walked out with zero or the City could have walked out with the amount that was being -- Commissioner Sarnoff. Disputed. Ms. Bru: -- proposed by Victor Igwe in his audit. So this is, you know, an agreement of -- obviously, subject to your approval. So if we change the terms of this agreement, we have to go back to the mediation process again. Pedro G. Hernandez (City Manager): Commissioner, ifI may. I think that the settlement that we have before you, which we recommend that the Commission approve, is just step one. You know, as part of that settlement, they want to have this fourth amendment, and that's where the City would have the leverage in ensuring that we do what you were suggesting, that we actually get a lump sum payment rather than five $100, 000 payments, and we may also, at that time, maybe extract other benefits to the City. But I think it should be part of the fourth amendment to the lease. Chair Sanchez: All right. Vice Chair Spence -Jones. Vice Chair Spence -Jones: Thank you, Mr. Chairman. There are just a couple questions I have - -and I'm glad to know that we're in the midst of negotiating the new lease agreement, so hopefully, some of these things can be addressed, but most of these questions I have is really for Madam City Attorney. I understand that this settlement carries with it an obligation pertaining to minority outreach; is that correct? Ms. Bru: Yes, it does. Part of the settlement addresses the whole issue of the tenants' obligation to have paid into this minority foundation $100, 000 a year, and the audit reveals that we have no documentation of this tenant having been paying that money for the years from 2004 to 2008. Vice Chair Spence -Jones: Okay. Now, I just want to make sure -- so the obligation is twofold; one is to ensure minority participation and the other part of that is to pay into the foundation that focuses on those objectives. Is that correct? Ms. Bru: Yes. When this property was leased in the '80s, there was a minority participation agreement that is an exhibit to the lease and it had certain obligations during the development stage, during the construction stage, during the initial leasing stage, and then there are ongoing obligations that are current that have to do with the goals that the developer has to use diligent good faith efforts to achieve in the employment within the project. Vice Chair Spence -Jones: Okay. Because I do know that -- again, as Commissioner Sarnoff has stated, really, this is way before our time -- but I do know that Commissioner Teele and Commissioner Gort at the time pushed very hard to make sure some of these things happened. This -- my next question goes to the City Manager. I'd like to know, from Mr. City Manager, if City of Miami Page 70 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 we do have any updates at all -- or Larry, 'cause I know that we have also -- for the last three years, I've been trying to figure out what's happening with the foundation, but do we have any updates from them at all regarding them satisfying those minority outreach Orange Bowl --? Mr. Hernandez: Commissioner, if I may. I understand from talking to Larry earlier today that they were even here just a little while ago and they have a meeting today at 12 o'clock. I think that Larry spoke to them and Larry will be attending that 12 o'clock meeting. Vice Chair Spence -Jones: Okay. Mr. Hernandez: Larry? Mr. Spring: Larry Spring, chief financial officer. Yes, Commissioner. We have -- andl guess quite recently, I think at the behest of your office, reached out again, as we were going through this settlement process, to the minority foundation. It is my understanding right now, again, as part of the settlement, but we feel fairly comfortable that the -- as far as the lease is concerned, the -- obviously, the foundation was established because it is there. It's an operating organization with a board and executive director and so on and so forth, and that the monies required by the lease have been transferred to the control of the foundation. At this point -- I know the next question was, okay, can we get a reconciliation, you know, get some reports on what programs have been done, so on and so forth. That information has been sought. We've been trying to rebuild our file. We met with the new --I met with the new executive director, Mr. Wynn (phonetic). He did apologize before having to leave to go to his meeting. I will be present at their board meeting this afternoon at 12. I will convey our need to have that information, you know, 'cause it is important, although, I don't think we have an official grasp, if you will. It is important under the lease that we make sure that these goals are being met, you know, these actions are being taken properly, so -- Vice Chair Spence -Jones: I just want to just add, I mean -- for me, I mean, I have -- I know my staff and even you, over the last two or three years, been trying to understand what's going on with the money over there. And clearly, you know, there was a mandate to make sure that not just minority businesses were participating in Bayside, but also that they did outreach efforts to support other businesses throughout the City ofMiami. And the last time I was there, I think the tally was like close to a million dollars just sitting there at the City Club, you know, to go to a luncheon, which I think it's great that they have nice luncheons, but at the end of the day, the businesses out in the community are suffering, and that money could be used to really support many of these small businesses or the businesses that are actually in Bayside. So, you know -- andl -- this is two years of me trying to dig and trying to figure out what are they doing with the money besides having quarterly meetings and luncheons to talk about the money that's sitting there. And especially during these economic times, these businesses are suffering. So I'm hoping at 12 o'clock you'll be able to come back and give us a -- after your meeting -- Mr. Spring: Right. Vice Chair Spence -Jones: -- serious report on it, but I just think it's extremely important that we do that. Mr. Spring: Absolutely. Vice Chair Spence -Jones: And then my last question goes to -- And not saying anything 'cause the people that sit on the board, they're great people and they do wonderful things for the community, but the reality is the businesses do need the support. My last question goes to Madam City Attorney. If the foundation does not comply with the City's rights under this settlement or the agreement that the City has with Bayside, what does that mean for us? City ofMiami Page 71 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Ms. Bru: The foundation? Vice Chair Spence -Jones: Yeah. Ms. Bru: The foundation is not involved in any of this dispute or settlement. Vice Chair Spence -Jones: Okay, so my -- Ms. Bru: It's the tenant. Vice Chair Spence -Jones: Right, but my question -- I guess my question would be regarding the overall lease that we're now getting ready to negotiate. Let's say we come back and we see that the money's clearly -- or the programs have not really been effectively addressing what the original intent was. My question is, during --- with our lease that we have with them, with Bayside, is there any way that we can ask for them to redirect those dollars to programs or to an entity that will be able to deliver on what was promised many, many years ago? Is that something that we can require or request? Ms. Bru: I believe, Commissioner, that the foundation exists simply as a result of the negotiated agreement of the parties. If the parties wish to renegotiate this -- the existence or the continuing existence of this foundation, we could. Vice Chair Spence -Jones: Okay. Ms. Bru: We could renegotiate how, if, at all, this tenant would continue to contribute money for purposes of either outreach to the minority community or assisting the development of minority community businesses in the project. So, yes, we could effectuate, through negotiation with the tenant, a modification of what it is that the foundation does or the composition of the foundation. Vice Chair Spence -Jones: Yeah. And l just want to add on. I know, like in Commissioner Regalado's district, which has been very supportive of a lot of the small business, and Commissioner Gonzalez, I mean, I'm sure many of your businesses in Allapattah, you know -- it wasn't just for African -American -based businesses -- could benefit from this million dollars that's just sitting there. So I would really like to have a report back on this issue because we do -- with CDBG dollars being cut left and right, we need to figure out a way to find whatever creative ways to support our businesses, and that's my only statement. So as soon as I get that information, I'll greatly appreciate it. Chair Sanchez: Any further discussion on RE.11 ? Madam Clerk. Pamela E. Burns (Assistant City Clerk): Mr. Chair, we do have a substitution on this matter. Chair Sanchez: Yes. I'm aware of that. All right. You know, I've heard all the concerns that have been proffered here by this Commission. I just want to -- I see this as another -- from another point of view. We have a business that is on the verge -- I'm not going to say it, but financially, they're in a crisis. And let me tell you something. The last thing that this city needs is for Bayside to close up. That's not what we need. Bayside is an attraction to downtown, provides a lot of job in our community. And the only thing that I have not understood is why our Asset Management has not sat down with them already and see if we could start working with them to see how we could make sure that they survive on this issue. Mr. Spring: Commissioner, I really need to address that. Vice Chair Spence -Jones: Larry Spring. City of Miami Page 72 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Mr. Spring: Larry Spring, chief financial officer. We have sat down with them andl've sat down with them personally. They take a very aggressive approach to dealing with the City. You know, when we walked into that mediation the first day, instead of us addressing the issue at hand, they slapped in front of me lease amendment number four, and they said we won't have a settlement unless you do this. And that day I told them, wait a minute, I already know you guys are in financial trouble andl don't want you to be in financial trouble, so let's sit down, let's negotiate, let's get to a point together, just like I've done for the guys at Firehouse 4, Parrot Jungle, every public private partnership, the Hyatt. That has been my position. So we have been -- I've been on several conference calls with the City Attorney Office, with their attorneys. We do want to save that company. I don't think Bayside will close because, at the end of the day, those -- Chili's is not going anywhere, Hooters, the -- some of the shops that are doing good business. It's just that company has debt, a debt albatross around their neck, almost a billion dollars that they're trying to get out of andl've heard that it's been extended -- they don't have to meet the deadline. Commissioner Sarnoff. And that has nothing to do with the City ofMiami. Mr. Spring: Right. Commissioner Sarnoff. That -- Mr. Spring: That's the company. Commissioner Sarnoff. -- 20-pound weight that they wear everyday around their neck has nothing to do with the City ofMiami and everything to do with Las Vegas, Nevada. Andl don't mean to interrupt you -- and I'll let you finish, but -- Chair Sanchez: But I would yield to you. Commissioner Sarnoff. Okay. I mean, do not -- there's got to be some sophistry on this Commission to understand even if Bayside -- the company operating Bayside does go belly -up, that may not be a bad thing for the City ofMiami because out of the ashes, trust me, the phoenix will rise, and you may get a bank operating that at a whole different level of operation, and you could even have a better operator there in the one- or two-year near distant future. So I know there is a very easy connection you can make between A and B, which is I don't want to see a job lost, and no one here does. However, don't be shortsighted. Take some long-term thinking. I don't think anybody here necessarily likes the decisions of Commissioners many before us in negotiating a lease not beneficial to the City ofMiami, andl don't think anyone here would suggest in any way, shape, or form -- and unless -- Larry, you feel more than welcome to say I'm wrong -- that lease is not a good lease for the City ofMiami. It is a horribly negotiated lease. It is as if asking your children to start out a race with a 30-pound rock sack on your back and keep it on his back for the rest of his life. That is a poor lease. That is a lease -- you know, just don't anybody up on this board sit here and say we got to keep Bayside operating. It will operate, very much like General Motors. You know, you don't turn around and you support Chevy because General Motors may not operate. It is a tentacle of -- what is it, GDB is it called or --? Mr. Spring: GGP (General Growth Properties). Commissioner Sarnoff. GGB [sic]. And GGB [sic] has 40 Baysides under its umbrella. It is a RIT, real estate investment trust. Mr. Spring: Yeah. Commissioner Sarnoff. And as a RIT, it has made some wise investments -- Bayside was a very wise investment -- and it has made some horrible investments. It equally owns Merrick Place. City ofMiami Page 73 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Mr. Spring: Yes, it does. Commissioner Sarnoff. And I'm sure they don't want to see it go operationally down, but on the other hand, Merrick will continue to operate, one way or another, whether a bank owns it, operates it, whether a buyout company owns it and operates it. So I hope nobody here gets fixated on saying we got to fix the short-term problem. You know, we need to leave you a lot of flexibility to fix something that was very badly put upon the citizens ofMiami. Mr. Spring: Well -- Chair Sanchez: I'll have the floor back. You know, one thing agree with you, we've inherited a lot of horrible leases in the City, and that is something that we need to address. My only concern is through these economic crisis and the situation that we're in is that I think -- you know, if it gets to a point where you need to negotiate and sit down and see how we could work this out -- Now, I was never informed that you've sat with them before and there's been situations where you haven't agreed and, you know, there's been, from what I see, a little bit of hostility between you. So as long as both parties are acting in good faith and we are addressing this issue, I think that there's a vital sign of possibly reaching a solution. If we don't, maybe it's not a bad idea to terminate the lease, but we need to be very aware of what may happen, and we need to be aware of where we're at and the things that could really come back and put us in a tough situation. But listen, I trust the Administration. I was not aware of a lot of things. I think this is something that today there's going to be more discussion. I will ask for a meeting to get better (UNINTELLIGIBLE) on their lease. I tend to agree with the Vice Chair as to the small businesses that are there. It's just -- it may have a trickle effect from employment to small businesses to perception that we may not be at ease with, but I understand sometimes to get to the Promised Land, you've got to go through peaks and valleys and you've got to swim with the alligators and you got to do what you got to do, but we need to be looking at both sides of the coins on this one. Vice Chair Spence -Jones. Vice Chair Spence -Jones: I just want to just say this, andl want to be very clear because my understanding is that the Bayside Center has been meeting their obligations regarding the foundation. So this is not -- that part of this discussion has absolutely nothing to do with it. I was just directing the City Attorney and staff to -- for us to address this issue in the upcoming lease because we don't want to have a million dollars sitting anywhere not being used for minority or small businesses. That -- so I want to make sure that I'm not saying one has to happen over the other. I'm just simply saying, you know, they're meeting their obligations on one end, but are we seeing the benefits from it from the other perspective, and that's it. Mr. Spring: Mr. Chair, if you will allow me. I want to give you this commitment. I -- we will work with them. Even in that mediation, when they plopped down what they wanted, I even said, you know what? I -- I'm no dummy. I knew there was equity in that property and it probably helped them out, andl said, yeah, we could do it. We just need to sit down and work and we will -- we'll get there. We'll get there 'cause I don't want to see them go down. I really don't. Chair Sanchez: All right. RE.1 [sic], resolution. There's been discussions on the matter. Vice Chair Spence -Jones: RE.11. Chair Sanchez: There's been a motion and a second. Vice Chair Spence -Jones: RE 11. Chair Sanchez: RE.11 And there's a substitution. Okay. Did we put the substitution on the record? City ofMiami Page 74 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Ms. Bru: Mr. Chairman -- Chair Sanchez: Can we put the substitution on the record? Ms. Bru: -- the substitution had to do just with wording in the cover memo and the resolution, which indicates that at the mediation, the CFO, the auditor general, and City Attorney's Office, as well as Public Facilities, was present and we're all recommending this settlement. Chair Sanchez: All right. Having said that, it's a resolution. All in favor, say "aye." Vice Chair Spence -Jones: Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion -- Commissioner Sarnoff.. No. Chair Sanchez: -- carries. Commissioner Sarnoff.. And let me explain why I'm saying no. They need to hear loud and clear that the district Commissioner for that district thinks to get to the Promised Land, you may have to cross the desert. Chair Sanchez: Okay, 4/1, Madam Clerk. RE.12 08-01211 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI, FLORIDA ("CITY"), TO BORROW THE EXPECTED MAXIMUM PRINCIPAL AMOUNT NOT TO EXCEED TWENTY MILLION DOLLARS ($20,000,000) AS A LOAN ("LOAN") FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION ("COMMISSION") REVENUE BONDS SERIES 1986 (GOVERNMENTAL FINANCING PROGRAM) IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF FROM THE LOAN FROM THE COMMISSION FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO THE ACQUISITION, EQUIPPING, CREATION, BUILDING, DEVELOPMENT, INSTALLATION, AND IMPLEMENTATION OF CERTAIN ENTERPRISE RESOURCE PLANNING SYSTEM ("ERP"), LAND MANAGEMENT SYSTEMS, AND OTHER ASSOCIATED TECHNOLOGY INFRASTRUCTURE IMPROVEMENTS PROJECTS (COLLECTIVELY, THE "TECHNOLOGY IMPROVEMENTS PROJECTS"); RATIFYING, APPROVING, AND CONFIRMING THE RESERVATION REQUEST OF THE CITY MANAGER, AS DESCRIBED IN "EXHIBITS 1A AND 1," ATTACHED AND INCORPORATED, FOR THE LOAN FROM THE COMMISSION FOR THE TECHNOLOGY IMPROVEMENTS PROJECTS; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AND AUTHORIZING CERTAIN INCIDENTAL ACTIONS BY THE CITY MANAGER AND OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY, ALL AS REQUIRED FOR PURPOSES OF THIS RESOLUTION AND SECTIONS 103 AND 141-150 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. City of Miami Page 75 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 08-01211 Legislation.pdf 08-01211 Exhibit 1.pdf 08-01211 Exhibit 2.pdf 08-01211 Summary Form.pdf 08-01211 Modernizing.pdf SPONSORS: DEPARTMENT OF INFORMATION TECHNOLOGY DEPARTMENT OF FINANCE DEPARTMENT OF EMPLOYEE RELATIONS DEPARTMENT OF BUILDING DEPARTMENT OF PURCHASING DEPARTMENT OF PUBLIC WORKS DEPARTMENT OF RISK MANAGEMENT DEPARTMENT OF PLANNING DEPARTMENT OF CODE ENFORCEMENT DEPARTMENT OF BUDGET DEPARTMENT OF CAPITAL IMPROVEMENTS DEPARTMENT OF ZONING Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0701 Chair Sanchez: All right, RE.12. RE.12. Diana Gomez: Diana Gomez, Finance director. RE.12 andRE.13 are companion items. RE.12 is a resolution. It's declaring the official intent to borrow the expected maximum principal, not to exceed $20 million, from the Sunshine State Government Finance Commission for the purpose of financing the costs of certain capital expenditures related to completing the Enterprise Resource Planning Services System, the ERP system, land management system and other technology infrastructure improvements. It further allows the City to begin spending on this project and then reimburse itself after we close on the loan. Chair Sanchez: All right. It's a resolution. Is there a motion? Commissioner Sarnoff. So moved. Chair Sanchez: There's a motion by Commissioner Sarnoff. Is there a second? Is there a second? Commissioner Regalado: I'll second for discussion. Chair Sanchez: All right. There is a second for the record for discussion. So who wants to start the discussion? Commissioner Regalado. Commissioner Regalado: Thank you. Well, we all have this -- the briefing, but the concern, Mr. Manager, keeps coming back, at least to me, that this is what we need to finish the infrastructure, but we have heard this before. That's the problem. City of Miami Page 76 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Pedro G. Hernandez (City Manager): Commissioner, I think that, up to now in the IT (Information Technology) technology of the City, we have spent, I believe, in the past, 19 million. And Peter Korinis, our CIO (Chief Information Officer), has worked very hard in identifying what's left to complete all the remaining technology improvements at the City. The total amount identified is approximately 15 million and the other 5 million that are shown on the item are basically for hardware improvements that has to be made year-to-year that normally you would see as part of our general fund, you know, budget on a yearly basis. We've made great strides in moving the City forward. As a matter of fact, I think a month ago there was a ceremony or celebration here because the City was like number three in the nation in digital improvements or service, and we're still, I would say, halfway through; one foot on land, one foot on a boat on the other side. In procurement, we probably excel today in the services that we provide that we have excellent financial controls in the Finance Department, but we have many areas, like payroll, like budget, areas that the people or the residents can appreciate more, which are areas like in the land management part of it, which involves departments like Public Works, Planning and Zoning, where there is more of a direct benefit to the public. All in all, I think, as a business -- andl'd like to think of the City as a business in general -- we have to continue to improve the way that we work, otherwise, we'll fall behind and not be able to keep up. We have equipment that is outdated today. We have a mainframe that we want to get rid of. By doing so, we can save like three-quarters of a million dollars a year by getting away from that mainframe. So there's a series of benefits that I know probably Peter can give you even more, I would say, you know, every day type examples that support what we have before you. Commissioner Regalado: No. The fact that we have outdated equipment is not the Commission's fault because technology goes faster than City Commission meetings. And we have, for the past eight, nine years, ever -- we have always said yes to technology. Mr. Hernandez: Yes, you have. Commissioner Regalado: So just not to place the blame on our predecessor or this Commission in the past years. Technology is advanced -- the fact that this is outdated is because of technology has been changing. There are some companies that have go down, and we have that brand, that equipment, and it will be better to have an equipment that is sound and safe, but the point is that we have been using the credit card of the City in the past several months, several times. And you know, we're leaving for the future leaders of the City a debt, and we just need to be clear and sure that this, what we're doing today, is enough to at least keep us up-to-date and basically offer the service to the residents that, for instance, we discussed the County is offering in the Building Department. We cannot offer now to the residents and the people doing work in the City ofMiami the same service that the County's offering to the residents on their Building Department. So I just want to understand if with this credit card that we're using today and leaving this for the next leaders of the City, we will be able to have a service that the people can see, not that you or me can see, but that the people can see, and that was the question. Mr. Hernandez: Commissioner, you're right on target. You mentioned Building, and the Building process is something that really affects the residents and the people that do business in the City. Having come from the County side and having worked on centralizing the permitting process there, I can say that structurally, the City's more effective than the County in doing permitting today. Andl think that we can reach the same level of technology that they have. And when we get to that point, we're going to be even much better, where we can do electronic permitting, where people will know when that inspector is going to go by the house and how he's going to look. People can be able to pull a permit for a park usage, for example, over the Web. There are many things that can be done, andl think that we are still prudent in the way that we use our non -ad valorem to be able to support a project like this, andl think that Larry can attest to that, but in the meantime, Peter, if you can be brief and get into some of the examples. City ofMiami Page 77 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Peter Korinis: Thank you, Commissioner. Peter Korinis, chief information officer. Commissioner, you're absolutely right. Technology moves fast. It's an investment that we have to make to, in fact, catch up and then to stay with it, as the expectation that people have who can go on the Internet and who can buy books and have them shipped from Amazon and you fill up your cart and you don't even have to leave the house, that's exactly where we're trying to go. This particular investment will, in fact, finish our Enterprise Resource Planning System, which is Purchasing, Finance, Budget, HR (Human Resources), Payroll and our land management system, which are the examples that you pointed out a moment ago, which is our ability to provide direct citizen benefits, whether it's through the Internet and the Web, an ability to have GPS, Global Positioning System, in inspectors' cars so that, in fact, people will be able to know where they are and how far they are from a given location so that a citizen that's waiting for an inspector will be able to find out that that inspector is four miles away at the previous spot and be able to see that and provide improved services and much faster. There are many, many other improvements which I don't think the Commission wants to take the time to go through today. If you'd like -- in the Building area, Commissioner, since you mentioned that, Hector Lima, Building director, is here. He is working on the team that's putting together the requirements and the benefits that we're going to get from these systems, and he can certainly address, I think, in detail that you would like, some of those details, if you wish. Commissioner Regalado: No. It's just the fact that we need to show that we are borrowing $20 million and the people ofMiami needs to get something out of it. I mean, yes, payroll is important; yes, mainframe is important; and, yes, functioning and procurement is important, but this loan will be paid by the people ofMiami, not by this Commission, so we just -- I think we need to show that this will benefit directly the residents. Mr. Korinis: Yes, sir. Commissioner, there are many benefits. You mentioned the savings. For example, when we move off of our mainframe, there are significant benefits in the green savings, where new equipment is much more energy -efficient, uses much less electricity, so we will have significant benefits there from an ecology point of view. The benefits that we related to improved service, faster service, we feel that we can save 25 percent of the time that it used to take, if not more, in people getting certain services provided by the City. They'll -- citizens, businesses will be able to go onto the Web and get information and not even have to come into MRC (Miami Riverside Center), be able to send in plans, have them reviewed by inspectors and plans reviewers, again, online, electronically, digitally, without having to come into the City, pay for permits, inspections, occupancy license, et cetera, online. So there's a whole myriad of benefits that relate there, in addition to the ones that are more internal, which I think you were talking about, which would be things like payroll, et cetera. We have certain risks right now that we do have to address, and those risks are the risks of old systems, old hardware, old software systems, which are 18 plus years old, which are maxed out and any time something goes wrong, it's difficult to repair them, and sometimes that takes longer than is acceptable and causes waits and delays. And we have staff issues where many of the people, the developers that built these systems 18 years ago, 20 years ago, are retired now so that -- and the mainframe itself, we really, truly do need to get off of that system. The company is Unisys and, you know, like so many other companies, they're having difficulties, and when we need service and we have to call them, we need to be able to know that they're going to have a technician that comes out and gets us back in business. So there's a risk aspect that we want to reduce and we must try to minimize that risk by moving to new systems. There's the benefits, which we already addressed at some level certainly, and there's another whole idea which is, I think, in order to be able to be more efficient and more productive as a city, we need to be able to have computer systems do more for us of the mundane, day-to-day sort of work, which is data entry and moving stuff from spreadsheets to other systems, work that doesn't really have a huge value. We need to have the computer system do that, and that's what these systems will do 'cause it's an integrated system, and let the people, the staff use their time for higher -value activities such as looking at the data, analyzing it, just like Wal-Mart does to make sure that the right products are on the right shelf in the right stores at the right time so that the customers that want it can do it. So that, I think, is City ofMiami Page 78 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 something that we're going to be able to gain, again, directly from these systems by having better information, better business -- "business intelligence, " as it's called, so that people -- so that the City staff can do their job better and faster to provide better service to the citizens. Commissioner Regalado: Thank you. Mr. Korinis: Yes, sir. Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff. I think if Peter went on, he would have told you that -- what is Unisys trading at today? Mr. Korinis: Sir, Unisys -- well, I'm not honestly sure today, but it's trading around 60 cents a share. Commissioner Sarnoff. Right, so we are holding four very important -- five -- six very important departments for the City ofMiami on a computer company that likely will not make it into the year 2009/2010. We then have one full-time employee and one retired employee that actually knows how to get into the innards of the computer system to repair it. That is not the way you want to run your city. And the risk that we're putting to allow us to continue to run our city that way is unfair to, really, the citizens. Now, we should be judicious. I think Commissioner Regalado's absolutely right because a $20 million loan doesn't mean we're paying for it. It just means that we have to pay back the money, and we need to do that judiciously. But there's two things I'm hearing; one, if you don't do it, watch out; two, when you do do it, you're going to get a cost savings that is going to more than offset the cost of your loan, interest and principal. And I think this City, the one thing it has gotten right, it's learned how to approach the twenty first century in a technological manner. And you know, when it was explained to me, to me this is something we just simply need to do. Commissioner Gonzalez: Call the question. Chair Sanchez: Call the question? Commissioner Gonzalez: Yeah. Chair Sanchez: All right. Question has been called on the item. It's a resolution. There's been a motion and a second. The motion was made by Commissioner Sarnoff, second by Commissioner Regalado for the purpose of discussion. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: All right, 3/1 [sic]. Commissioner Gonzalez: I'm voting yes, but let me tell you that I expressed the same concerns that Commissioner Regalado expressed were my concerns. You know, this department has been before this Commission while I have been a Commissioner I don't know how many times, and every time they come here, they come -- they don't come here with $100, 000 bill; they come with millions, 5 million, 7 million, 10 million, 12 million, you know, and keep rising. And at a time that like the time we're going through now, going into another $20 million debt is a serious business. Chair Sanchez: All right. Madam Clerk, for the record, Commissioner -- Vice Chair was not here. City ofMiami Page 79 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Pamela E. Burns (Assistant City Clerk): And is that a 3/1 or -- Commissioner Gonzalez: Four to one. Ms. Bru: -- 4 to -- Chair Sanchez: No. She's not here. Commissioner Gonzalez: Four/zero. Chair Sanchez: Four/zero. Ms. Burns: Four to zero. Thank you. Chair Sanchez: All right. Since they called the question on that, there's a saying that says either you grab a hold of technology or technology will grab a hold ofyou, andl tend to agree on a lot of the statements that were proffered. RE.13 08-01457 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Finance ATTACHMENT(S), AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY MILLION DOLLARS ($20,000,000) (THE "LOAN") FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION FOR THE PURPOSES OF FINANCING, REFINANCING, OR RECEIVING REIMBURSEMENT FOR THE COSTS OF THE ACQUISITION, CONSTRUCTION, EQUIPPING, CREATION, BUILDING, DEVELOPMENT, INSTALLATION, IMPROVEMENT, AND IMPLEMENTATION OF CERTAIN ENTERPRISE RESOURCE PLANNING SYSTEMS ("ERP"), LAND MANAGEMENT SYSTEMS, AND OTHER ASSOCIATED TECHNOLOGY INFRASTRUCTURE IMPROVEMENTS PROJECTS (COLLECTIVELY, THE "TECHNOLOGY IMPROVEMENTS PROJECTS") AND FOR PAYING FOR COSTS OF ISSUANCE RELATED TO THE LOAN AND APPROVING THE FINANCING OF THE TECHNOLOGY IMPROVEMENTS PROJECTS FROM THE PROCEEDS OF THE LOAN, INCLUDING REIMBURSEMENT OF EXPENDITURES PREVIOUSLY MADE FOR SUCH PURPOSES; APPROVING, AUTHORIZING, AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER A LOAN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AS EXHIBITA HERETO, WITH SUCH CHANGES, INSERTIONS, AND OMISSIONS, AS MAY BE APPROVED BY THE CITY MANAGER AFTER CONSULTATION WITH THE CITY ATTORNEY; AND AUTHORIZING THE CITY MANAGER AND ALL OTHER NECESSARY AND APPROPRIATE CITY OFFICIALS TO EXECUTE AND DELIVER, AFTER CONSULTATION WITH THE CITY ATTORNEY, ALL OTHER DOCUMENTS, INSTRUMENTS, AND CERTIFICATES IN CONNECTION WITH THE LOAN FOR THE TECHNOLOGY IMPROVEMENTS PROJECTS; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF THE LOAN; APPROVING, CONFIRMING, AND RATIFYING ALL OTHER ACTIONS TAKEN BY CITY OFFICIALS TO DATE IN CONNECTION WITH OBTAINING THE LOAN; AND PROVIDING AN EFFECTIVE DATE. City of Miami Page 80 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 08-01457 Legislation.pdf 08-01457 Exhibit 1.pdf 08-01457 Exhibit 2 .pdf 08-01457 Exhibit 3.pdf 08-01457 Exhibit C.pdf 08-01457 Exhibit D.pdf 08-01457 Exhibit E.pdf 08-01457 Exhibit A-2.pdf 08-01457 Exhibit B.pdf 08-01457 Exhibit C.pdf 08-01457 Exhibit D.pdf 08-01457 Exhibit E.pdf 08-01457 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0702 Chair Sanchez: All right. For the time -- for time's sake, we do have a voluminous agenda, so let's get on with the next item. This is the one -- the resolution where we accept. Diana Gomez (Director, Finance): Right. Chair Sanchez: All right. And this is where you need to put some things on the record. Ms. Gomez: Right. Diana Gomez, Finance director. RE.13, as I mentioned before, was a companion item to RE.12. RE.13 actually is authorizing the execution of a loan agreement with the Sunshine State and the City of Miami for the purpose of the technology improvements that we discussed, in the amount not to exceed $20 million. Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff. So moved. Commissioner Regalado: Second. Chair Sanchez: Second. All right. Discussion on the item? Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, passes. RE.14 08-01459 RESOLUTION Department of A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, WITH Finance ATTACHMENT(S), PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $40,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI, FLORIDA NON -AD VALOREM REFUNDING REVENUE BONDS, TAXABLE PENSION SERIES 2009, TO REFUND ALL OF THE CITY'S OUTSTANDING NON -AD VALOREM VARIABLE RATE REFUNDING REVENUE BONDS, TAXABLE PENSION SERIES 2006; MAKING CERTAIN FINDINGS AND City of Miami Page 81 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 DETERMINATIONS; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE BONDS; PROVIDING FOR THE FUNDING OF A RESERVE FUND, IF DETERMINED NECESSARY BY THE CITY MANAGER; APPROVING THE SENDING OF A CONDITIONAL NOTICE OF REDEMPTION; APPROVING THE REFUNDING OF THE REFUNDED BONDS; AUTHORIZING THE TERMINATION OF THE SWAP AND THE PAYMENT OF A SWAP TERMINATION PAYMENT IN CONNECTION THEREWITH; RATIFYING, CONFIRMING AND APPROVING THE SELECTION OF THE UNDERWRITERS; AUTHORIZING A NEGOTIATED SALE OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; APPOINTING A PAYING AGENT AND BOND REGISTRAR; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AND REGISTRAR AGREEMENT; APPROVING UNCERTIFICATED, BOOK -ENTRY ONLY REGISTRATION OF SAID BONDS WITH THE DEPOSITORY TRUST COMPANY; APPROVING THE FORM AND AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND PROVIDING FOR THE SELECTION OF A FINANCIAL PRINTER THEREFOR; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12 AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT THERETO; AUTHORIZING ALL REQUIRED ACTIONS; AND PROVIDING AN EFFECTIVE DATE. 08-01459 Legislation.pdf 08-01459 Exhibit 1.pdf 08-01459 Exhibit 2.pdf 08-01459 Exhibit 3.pdf 08-01459 Exhibit 4.pdf 08-01459 Exhibit 5.pdf 08-01459 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Noes: 1 - Commissioner Sarnoff R-08-0703 Chair Sanchez: RE.14. Diana Gomez (Director, Finance): RE.14 is a resolution recommending that the City Commission adopt the attached resolution authorizing an issuance of not to exceed $40 million for the refunding of the pension bonds of series 2006. This item was brought to the Commission a couple of months ago and what this -- what happened with that item, we were not able to sell the bonds at the time, so we are bringing the item back to the Commission to remove an expiration date on the original indenture that had us refinance before September 30, 2008. We were not able to refinance before that date, therefore, we are coming back to request the Commission to remove that expiration date so that we are able to go to the market when the market is available to us to refund these bonds. City of Miami Page 82 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Chair Sanchez: What is that expiration date? Ms. Gomez: We are changing it to have no expiration date. Chair Sanchez: Okay, but what was the expiration date? Ms. Gomez: It was September 30, 2008. So we were not able to sell at that time. We tried to go out to market for this item and we were not successful. The market was just not buying or trading these bonds. Commissioner Gonzalez: Move RE (Resolution) -- Ms. Gomez: Additionally, it changes the interest rate from eight percent to eight and a half percent to give us a little more flexibility. Chair Sanchez: All right. There's a motion by Commissioner Gonzalez. There's a second. Commissioner Regalado: Second for discussion. Chair Sanchez: Discussion. Commissioner Regalado: What does --? I mean, we have now the proposal for eight percent, but you want to change it to eight and a half percent? Ms. Gomez: It was a limit of-- we cannot exceed eight -- we couldn't exceed eight percent. We are trying to increase it to eight and a half percent, so as to give us a little more flexibility to get into the market and perhaps, if that's what the market is trading at at the time that we decide to go to market, we can go up to that -- at least that amount. Commissioner Regalado: So that's the ceiling? You cannot go -- you cannot offer that bond higher than eight and a half percent? Ms. Gomez: That is correct, and it would be a fixed rate refunding. Commissioner Regalado: A fixed rate? How do you know that? Ms. Gomez: We will be refunding to a fixed rate not to exceed eight and a half percent. Commissioner Regalado: Oh, okay. But if it goes down, it goes down. Ms. Gomez: Absolutely. We would -- it depends on what the rate is at the market at the time we try to get to the market. If we can get it sold in the market at a lower rate, that's obviously what we would want to do. Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff. To the CFO (Chief Financial Officer), I put my foot into this pool with a very cautious toe because I actually think you should not do this. I actually believe your variable rates will come down, you'll be in the six, six and a half percent rate. I think you should stay the course. The amount of money you're going to cost is -- my records reflect, from the last conversation -- I don't remember -- it's an $8 million term fee? Larry Spring (Chief Financial Officer): Yeah. Chair Sanchez: Termination. City of Miami Page 83 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Mr. Spring: We did a -- our FA (Financial Advisor) did an analysis and as of December 5, it was $8 million termination fee. I will say this -- and I'm sorry, Larry Spring, chief financial officer. I would put this on the record. We are -- - the interest -- the variable interest rate on our swap transaction has come down, but they have converted to bank bonds, which is going to require that we now pay one fifth of that debt every year, which was -- is expediting the amortization. So -- andl know you believe in paying the debt sooner, but -- Commissioner Sarnoff. Let me tell you Thomas Jefferson's quote that he made in 1816. "1 sincerely believe that banking establishments are more dangerous than standing armies, that the principles of spending money to be paid by posterity under the name of funding is but swindling the futurity on a large-scale basis." He wrote that to John Taylor in 1816. While I had no problem with taking a loan out to, as Commissioner Sanchez says, not allow technology to grab us by the neck; on the other hand, I don't believe that on pension bond issues we should mortgage our future. I think what we should do -- and Larry, I do apologize. This is not my expertise, butt really tried to understand this andl do do some stock trading on my own. I would not personally do this deal. I do not see how, as a Commissioner, I can recommend that this deal happen, simply because I think we should pay our debt as described, andl think we should enjoy the benefits of an adjustable rate mortgage -- well, it's not an ARM (Adjustable Rate Mortgage). It's actually an adjustable rate that's going to come down in '09 and put us -- I actually think it's going to put us in a better financial position, andl think, in days like today, you find yourself in remarkable times under remarkable circumstances andl think some conventional thinking needs to go out the window. And in the words of Thomas Jefferson -- and I think what Commissioner Regalado said before, which is maybe it's time we pay some of our debts. Chair Sanchez: All right. Any further discussion, any question? All right. The only question I had for you is do you foresee a savings by doing this? Mr. Spring: Yes, but right now, no. We are not moving forward with this transaction. In fact, that analysis actually proved to the Commissioner's point that we'd probably be losing 20, $23 million in interest, so -- Commissioner Sarnoff. Twenty-two billion dollars, yeah. Chair Sanchez: But it's -- Mr. Spring: -- it's not right. Chair Sanchez: -- we all know that it's not worth doing now. Mr. Spring: It's not worth -- we're just asking for the permission -- Chair Sanchez: Right. Mr. Spring: -- so that, as the market changes, we can change. And we can even make the commitment that before we execute the transaction, we can give a full report to the Commission. It will go before the Finance Committee, which is appointed by this Board, before we move forward also, so there are some steps yet to be made. And right now, the market's just not -- it's not in our favor to fix it today. Chair Sanchez: All right. No further discussion. There's a motion and a second. It is a resolution. Why don't you do a roll call. Pamela E. Burns (Assistant City Clerk): Roll call. Commissioner Sarnoff? City of Miami Page 84 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. No. Ms. Burns: Commissioner Regalado? Commissioner Regalado: I'm voting yes because the only thing that we're saying is removing the deadline. But I just hope that you guys be prudent and not rush into the market because no one knows what's going to happen in the next six months in Wall Street, no one. And l just want to have the assurances to vote yes that this is not something that you guys want to do right now because, you know, remember the investments in Freddie Mac and Fannie Mae, you know, and so -- Ms. Burns: Continuing the roll call. Commissioner Gonzalez? Commissioner Regalado: No. I'll vote -- Ms. Burns: Oh, I'm sorry. Commissioner Regalado: -- yes. Commissioner Gonzalez: I'm voting yes for the same reasons that Commissioner Regalado just presented, andl also want a commitment that you're not going to rush into this deal and that you're going to provide the Commission a full report before taking any steps. Mr. Spring: Absolutely. Commissioner Gonzalez: All right. Mr. Hernandez: Commissioner, we have a commitment, Mr. Chair, that, before we pull the trigger on this, we'll advise every one of you. Commissioner Gonzalez: All right. Chair Sanchez: She was not present on -- Vice Chair Spence -Jones: I was -- Chair Sanchez: Vice Chair? Vice Chair Spence -Jones: -- watching it, though, back there. Chair Sanchez: Okay. You want to vote on the issue? Vice Chair Spence -Jones: Yes. Ms. Burns: Okay. Vice Chair Spence -Jones? Vice Chair Spence -Jones: I'm voting yes. Ms. Burns: Chair Sanchez? Chair Sanchez: All right. I would vote yes based on they're not going out there to bond out right now and this allows them to have flexibility, which is my understanding that it will allow us, in the long term, to have savings for the City. Yes. All right. City of Miami Page 85 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 RE.15 08-01460 Department of Public Facilities Ms. Burns: This item -- Ms. Gomez: Thank you. Ms. Burns: -- has passed 4/1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE EXTENSION OF THE TERM OF THE LEASE BETWEEN THE CITY OF MIAMI AND RICKENBACKER MARINA, INC., AS ASSIGNED, FOR THE PROPERTY LOCATED AT 3301 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, SUBJECT TO CONDITIONS; PROVIDING FOR CITY COMMISSION APPROVAL OF THE TERMS OF SUCH EXTENSION ON OR BEFORE MARCH 12, 2009; AND PROVIDING FOR AUTOMATIC RESCISSION OF THE AUTHORITY GRANTED HEREIN SHOULD THE CITY COMMISSION FAIL TO APPROVE SUCH TERMS ON OR BEFORE MARCH 12, 2009. 08-01460 Legislation.pdf 08-01460 Summary Form.pdf 08-01460 Assigment.pdf 08-01460 Memorandum.pdf 08-01460 Lease Agreement.pdf 08-01460 Legal Description.pdf 08-01460 Consent to Pledge.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0704 Direction by Commissioner Regalado to the Administration to provide a report on the status of the negotiations for the extension of the lease between the City and Rickenbacker Marina, Inc., and to provide said information at the second City Commission meeting in January 2009, currently scheduled for January 29, 2009. Chair Sanchez: RE. 15. Madeline Valdes (Acting Director): Good morning. Madeline Valdes, Department of Public Facilities. I must make an amendment to this item as it does require a four fifths vote. This item is a resolution authorizing an extension of the term of the lease agreement between the City and Rickenbacker Marina, as assigned, for the property located at 3301 Rickenbacker Causeway. This agreement is subject to certain conditions, providing for the City Commission approval of the terms of the extension on or before March 12, 2009, and providing for an automatic rescission of the authority granted today should the City Commission fail to approve the terms brought back to you. Rickenbacker Marina has requested a seven -and -a -half -year extension in order to recoup certain capital improvements it plans to make on the property. This lease they currently have expires January 7, 2009. The City and Rickenbacker Marina will be negotiating the term for continued use based on a fair market return to the City based on appraisal. If an agreement is reached, it will be brought back to the Commission for approval. If the parties fail to reach an agreement, the extension authorized today will be null and void and the lessee shall immediately vacate the property. The City Attorney is then authorized to proceed with any and City of Miami Page 86 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 all legal actions necessary to take action against the tenant. Commissioner Sarnoff. Move the item. Chair Sanchez: All right. Commissioner Regalado: Second. Discussion. Chair Sanchez: Okay. You made -- a motion has been proffered by Commissioner Sarnoff, second by Commissioner Regalado for discussion. Discussion. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you. I'm supporting this because it's only an extension, and it's an extension for you, Madeline, to be able to discuss the next steps. However, it's -- it is important not to be surprised. And we need to have information, maybe on the meeting of January, the last meeting of January, about this deal because to issue an RFP (Request for Proposals), you know, suddenly, if this doesn't go through, for that important area, with a master plan going on, with the plans for the Rusty Pelican, with the -- everything that is going on with the Marine Stadium, we need to be aware and prepare so, you know -- they have to understand and you guys have to understand that on March, we cannot make a decision to issue an RFP just because something break. So I hope that in January, you will have a report for the City Commission at least to know where we are. Ms. Valdes: We can give you a status report in January to let you know where we are in our negotiations, sure. Commissioner Regalado: Thank you, Mr. Chairman. Chair Sanchez: All right. Discussion. Any further discussion on the item? Being none, this is just an extension, having you to sit down with them and see if you could work something out. If not, then we take other actions on this matter. All right. Ms. Valdes: Thank you. Chair Sanchez: No further discussion on the item. There's been 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." Motion carries. RE.16 08-01399 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED NOVEMBER 14, 2008, PURSUANT TO INVITATION FOR BID NO. 106048, FROM BCLS LANDSCAPING GROUP, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF GROUNDS MAINTENANCE SERVICES CITYWIDE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 87 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 08-01399 Legislation.pdf 08-01399 Summary Form.pdf 08-01399 Award Recommendation.pdf 08-01399 Tabulation.pdf 08-01399 Addendums.pdf 08-01399 Sign In Sheet.pdf 08-01399 OB Parking Lot.pdf 08-01399 OB Award Sheet.pdf 08-01399 Invitation for Bid.pdf 08-01399 Email.pdf 08-01399 Spread Sheet.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-08-0705 Chair Sanchez: We move on. RE. 16. Glenn Marcos: Glenn Marcos, Purchasing director. The item before you is a recommendation for award to BCLS Landscaping Group for the grounds maintenance services citywide. The contract is a two-year contract with options to renew for two additional one-year period. The estimated amount of the contract is $255,518.64. The living wage -- the City ofMiami living wage does apply here. BCLS is a City ofMiami local vendor. Chair Sanchez: All right. Commissioner Gonzalez: Move it. Chair Sanchez: Is there a motion? Vice Chair Spence -Jones: Second. Chair Sanchez: Motion by Commissioner Gonzalez, second by the Vice Chair. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.17 08-01461 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), APPROVING THE RECOMMENDATIONS PROFFERED BY THE MUSEUM PARK COMMUNITY BENEFITS COMMITTEE ("THE COMMITTEE"), TO BE INCORPORATED INTO THE COMMUNITY BENEFITS AGREEMENT; AUTHORIZING THE CITY MANAGER TO INCORPORATE THE RECOMMENDATIONS OF THE COMMITTEE INTO A COMMUNITY BENEFITS AGREEMENT IN CONNECTION WITH THE LEASE, A MASTER DEVELOPMENT AGREEMENT, AND A MASTER MANAGEMENT AGREEMENT, FOR THE OVERALL DEVELOPMENT AND CONSTRUCTION OF THE MUSEUM PARK AREA, THE PROPOSED CITY PARK, AND THE City ofMiami Page 88 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 PROPOSED BUILDINGS FOR THE MIAMI ARTS MUSEUM OF DADE COUNTY ASSOCIATION , THE MUSEUM OF SCIENCE, INC., AND THE HISTORICAL ASSOCIATION OF SOUTHERN FLORIDA, INC. 08-01461 Legislation.pdf 08-01461 Exhibit.pdf 08-1461 City Commission Amendments.pdf 08-01461 Summary Form.pdf Motion by Commissioner Sarnoff, 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-08-0706 Chair Sanchez: All right. Ladies and gentlemen, City of Miami Commission meeting is back in order. We had our lunch recess. We're going to go ahead and start with three Commissioners. I have been advised that Commissioner Gonzalez will be about an hour late and Commissioner Spence -Jones will be arriving shortly, so we could go ahead and continue the order of the day. As we stated before, we wanted to give RE.17 and RE.18, we wanted to take that up after lunch, giving all those an opportunity to be here for this item. So at this time, what we'll do -- also, I want to state to the Commissioners that, let's go ahead up -- and take up our blue page items at the end of the agenda, which will be after the PZ (Planning & Zoning) items, not after the regular Commission meeting, so that -- that's just a clean-up item so we could have a good order today, as we have a voluminous agenda. 'Cause, ladies and gentlemen, usually in December, what we do is we combine both meetings into one, and that way we get to spend the holidays with our families and loved ones. All right. Let's pick up RE.17. Roger Hernstadt: Good afternoon, Mr. Chairman. Roger Hernstadt, assistant City Manager. RE.17 is a resolution of the City Commission to consider and approve the recommendations proffered by the Museum Park Benefits -- Community Benefits Committee, to be incorporated into the community benefits agreement and to incorporate those recommendations into the lease with the respective museums to be located at Museum Park. Andl believe the chairman of the committee is here. Chair Sanchez: Yes. Shane Graber. It's always a pleasure to have you here. You're recognized for the record as to this presentation. Shane Graber: Thank you. Do I need to be sworn in or --? Chair Sanchez: No. Mr. Graber: Okay. Commissioners, good afternoon. Commissioner Sarnoff. We assume you're telling the truth. Mr. Graber: Excuse me? Chair Sanchez: We assume you're telling the truth. Commissioner Sarnoff. We're assuming you're telling the truth. Mr. Graber: Yes. I will be telling the truth today. Chair Sanchez: We, who labor here, only seek the truth. City of Miami Page 89 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Mr. Graber: We seek the truth. My name is Shane Graber. I'm the chairman of the Museum Park Community Benefits Committee. And a quick introduction. What I'm going to do here today is to walk us through a summary version of what is our presentation to this Commission, and what I'm going to do there is bring you through a couple guiding principles that were used, some top -line findings of our benefits analysis, and then bring it to a close, in case you have any specific questions. I'm going to try to keep this to five minutes or less. If anyone feels that they'd like me to speak longer, I can, you know, stay here all day, but I'll try to keep it terse and to the point. So I just wanted to start by reminding everybody that this Commission actually, I believe, by ordinance, called for a community committee to be devised -- made up of people from each Commission [sic]. And so that committee was established, and the committee members, mostly present in this room -- we have Mariano Cruz from District 1, Commissioner Gonzalez's district; myself, from District 2, Commissioner Sarnoffs district; Jose Alonzo, from District 3, Joe Sanchez's district; District 4, Commissioner Regalado's district, we have Linda Carroll, who I don't think -- Is Linda here today? So Linda is here in spirit today. And lastly, our vice chair is Jerome Schiller -- she's on her way -- from District 5, from Commissioner Michelle Spence -Jones'. And basically, just a very good landscape of the city with that committee. And just to remind everybody, a little bit of background here. We were brought together really to work with the City of Miami, its staff its legal team, its Capital Improvements Department, and Miami Art Museum, Miami Science Museum to make sure that we would understand, as a committee, and present back to this Commission our recommendations as to what some of the benefits that would be derived from these museums by leasing this land to them in a 99-year land lease on behalf of the City donation to those museums. And really, we have to remind everybody what the City ofMiami really envisions Museum Park as becoming, really being an iconic public space, a world -class destination, a source of education and culture for the entire community, and also, importantly, an economic engine, especially with what's going on today. We think that's extremely important. One thing we really tried to take a look at throughout this process was where we're going from today and what the new location will deliver for the museums, and more importantly, for the community. So sort of a to andfrom -- a from and to analysis along the way. If you take a look in your presentation, you'll see a section called guiding principles, and what those guiding principles really show is what the framework was that this committee used when we had these discussions; what the thought process was, what the filters were. So you'll see that there were three principles. We asked ourselves, how would donating this land to the museum at Bicentennial Park do the following three things. Would doing so help the City to achieve the goals at Museum Park? And those goals were simple, as set forth prior by the City. Would it help to restore the park's waterfront land to public use. Most people don't recognize -- and we learned a lot as a committee, by the way. Most people don't realize that space was never intended to be a park. That space was actually, I believe -- and any people who have been in Miami longer than I have can correct me -- the old Belcher Oil Company. Mariano Cruz: Pier 1, Pier 2, Pier 3. Mr. Graber: Pier 1, Pier 2, Pier 3. I've only seen it in pictures, but the point is, obviously, if we redid the City from the beginning, we probably wouldn't put -- situate a park there. Now that is our parkland, so we need to figure out how we can restore that use, that waterfront land to public use. How can this park help to revitalize downtown Miami and its surrounding neighborhoods? Obviously, there's a huge impact, ripple effect that takes place, starting from the museum, but going outward from there. How will this help Miami build first-class educational and cultural resources, not only for our residents, but for our visitors, which ties into tourism, our number -one industry. And how will this affirm Greater Miami's unique geographic position and cultural role. And lastly, obviously, economy. How is this going to help to create jobs. So this is the key guiding principle that we used. Number two, how can putting these museums here actually help the City's most needy residents, in terms of providing better accessibility for them to the museum, better outreach and better economic opportunity. And this committee really held these museums to task, along with the City staff in making sure that they articulated how they would do that, and we're going to talk about that in a few minutes. City ofMiami Page 90 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 And obviously, how can we help the museums to expand their current benefits to the community, just by mere virtue of their locale. By putting these museums there, we increase their visibility. We should naturally expect to increase their impact, the amount of visitors they hit, and also, it's a sign to the world that Miami is going to -- if we're going to walk the walk, we're going to talk the talk. We're going to put our most important cultural assets where everyone will see them, whether you're flying in or driving by right there in sort of what is becoming Miami's cultural hub, with the Performing Arts Center, the Children's Museum and Parrot Jungle and whatnot. A couple considerations that the museums took into account, obviously. We took into account the questions brought forth by this Commission prior. The City staff was very -- made sure that we understood what those challenges were so that we could address them with the museums. We also wanted to make sure that we didn't come up with restrictive ideas to the museums that would actually prohibit them from serving their mission for the community. In other words, ideas that would be so cost prohibitive, that they wouldn't actually be able to justify doing so, because we want them to succeed and we also realize that anything -- any benefits that are described herein are contingent upon funding, but also, that we're going to still hold the museums accountable for what they've pledged to do, which will be covered in the matrix I'll talk about in a minute. Number three, that we really learned that there is great value. We all sort of consider ourselves experts, but in this process, it's really an example of it takes a village. You have a committee made up of City members, you have City staff you had different people from different departments, you had people from the museums, and we all sort of came together and learned from each other and tried to articulate and distill that information into something we could use. And lastly, just want to make sure everyone knows, this analysis was based upon Miami Art Museum and Miami Science Museum. Obviously, the gravy, if you will, in terms of cultural benefits, will be the Miami Historical Museum that will be placed, I believe, inside of the Miami Science Museum. So those are incremental benefits not included herein. And then the last guiding principle -- and we can joke about this a little bit because Commissioner Sarnoff had mentioned this in one of his earlier public statements. But the museums will play a critical role in helping to activate these parks. If we really, truly envision to make what was once an old oil refinery, for lack of a better term, Pier 1, 2 and 3, which Mr. Cruz has just informed me of if we're going to really make this space work as a public park, we're going to need to work hard. It's surrounded by highways on two sides and water on two other sides. This is not a Central Park. It's not a Boston Common. There aren't going to be people walking through. We're going to need to work hard to attract users to that park. And so, in essence, this park will not survive without the museums, and the museums can't survive or thrive, shall we say, without this park. So there really is a philosophy that these two can work together and help each other succeed. Lastly, there was some discussion and one issue brought up early as to whether or not the museums should be held to maintain the rest of the parkland, the other 20 acres, 12 acres of the park, as part of their agreement. This committee recommended that that not be part of the stipulation for these museums, that that would actually hurt their ability to deliver on what their core competencies are and actually deliver bigger benefits to the community. One thing that we also took into account was that it'd be pretty difficult for them to raise money for mowing the lawn and whatnot. That might be actually something that would prohibit donations to cultural benefits as well. So we think there's probably other ways of solving that that the City can look into, whether it's through the Bayfront Park Trust that exists, CRA (Community Redevelopment Agency), creating a conservancy or a conservatory, sort of the way they do in Central Park so there are other options there, but we thought that that would actually prohibit the museums from doing what they do best and what can best help the City and its citizens. So that being said, we go into the highlights. I'm going to bring us to the top line. If you want, I can stay here, as I mentioned earlier, all afternoon and discuss in detail some other things. But really, just wanted to start out with -- you know, we -- these meetings were interesting. We met, I think, six times in the last three months, and this has been a very quick process, but you know, you're up here, you're arguing, you're laughing, you're joking, but really, you're trying to hold these museums to making sure we understand really what the City -- the people of the City ofMiami are going to get by giving this land. And sometimes you actually forget to take a step back and realize the only reason they exist is to add to the cultural benefits of the community, so just wanted to set City ofMiami Page 91 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 that up at the beginning that by mere virtue of their sort of mission, that is what they're doing. Beyond that, when we look at what will occur if we are able to locate these museums here, you know, just in terms of starting at the top, over the first ten years, what the County predicted with one of their studies through the Washington Economic Group, I believe, 1,700 new jobs in the community. That's just not at the museums themselves, but every ripple effect that occurs, with a $2 billion overall economic impact in the first decade. Obviously, with the way the economy's going right now, that's something that we take a look at very seriously, and we see this as an economic engine for the community. Let's talk about the museums themselves right within the park. Three hundred thirteen million dollars in new construction at Museum Park. Within the City of Miami -- this is important -- this helps to add to the assets of the City of Miami, at least 15 percent of that going to local businesses. Within the museums themselves, there will be 111 new jobs. The question that oftentimes comes up is, well, how many of those jobs will be in the City ofMiami? And what we learned is that 38 percent of those existing jobs at the museums are within the City, and so we would expect that there would be, obviously, a large proportion, similarly to be City ofMiami residents in the new museums. Hundreds of millions of dollars of tax revenues for the City ofMiami. If you use the County's calculation for every $1 of government money invested in cultural assets, $5 in tax revenues are secured. Increased cultural tourism to the City ofMiami; obviously, you'll pair this up with the Performing Arts Center, Children's Museum, we'd create a cultural a nucleus. You can just think of Sydney, Australia or the Guggenheim over in northern Spain. Putting the museums here will lead to an increase of 600,000 new visitors to downtown Miami and Museum Park every year. That's before we look at the visitors just -- that are now going to be going to the park, okay, just because of the mere virtue of having an active park there. Forty thousand City ofMiami -- these are not County, these are City ofMiami students. This was a very difficult exercise for everyone to go through with trying to calculate how many City ofMiami students will benefit from increased access to the museum educational opportunities. Improved community outreach. We've held the museums to make sure that they increase their standards in reaching out to City ofMiami residents, and of course, obviously, for people who live here, increased civic pride. That summarizes the highlights. I just want to acknowledge, before I end -- I know that time is getting tight here. Beyond the committee itself a lot of people contribute -- andl don't think Janet Altman (phonetic) is here. She was a very important part of our committee. She was our facilitator, community volunteer. Janet, you're with us here today in spirit as well. The committee members, who are phenomenal, gave a lot of time. Their district should be proud. The City of Miami staff -- I think the City of Miami staff has held these museums more accountable than the federal government right now in the whole tarp program. You have a very dedicated staff, andl think they're extremely on top of their game. The Miami Art Museum, Miami Science Museum staffs are great. Tim Schmand, who's with Bayfront Park Trust, has provided us a lot of information, a lot of things to look at that we would have not otherwise considered and a couple of community volunteers, Glenda Kenny, Wendy Gold, and Fannie Young, who are not here, but who dedicated their time in putting the presentation together, and then an agency called Maverick Digital that does some business for people in the City ofMiami, and they dedicated their talent to make this presentation come together. And with that, that concludes our top -line highlights. If you have any questions, I'd be -- Chair Sanchez: Shane -- Mr. Graber: -- happy to answer them. Chair Sanchez: -- before we open it up for questions, I want to take this opportunity to praise you, as the chair, taking the leadership and the Community Benefit [sic] Committee that put this wonderful report together. It is -- it's a very good report. I mean, very simple, very easy to read, clearly providing a lot of information as to the benefit to the community, so I just wanted to take that opportunity to praise you and all those who worked -- labored so hard to put this report together, a very good report. City ofMiami Page 92 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Mr. Graber: Great. And that really goes to the committee and Janet Altman (phonetic), who's not here, but -- Applause. Mr. Graber: -- I will definitely share that. Thank you. Chair Sanchez: All right. We'll -- if that concludes your presentation -- I mean, if there's questions from any of the Commissioners pertaining to any of the items on the community benefit report, they could go ahead and ask questions. So what we'll do at this time for formality is can we get a motion and a second to accept and then we could always discuss it? Commissioner Sarnoff. Move to accept. Chair Sanchez: There is a motion by Commissioner Sarnoff to accept the community benefit report. Is there a second? Vice Chair Spence -Jones: Second for discussion. Chair Sanchez: Second by the Vice Chair for the purpose of discussion. All right, at this time, I'll turn it over to the Vice Chair. Vice Chair Spence -Jones: Actually, let me yield to the district Commissioner. Commissioner Sarnoff. No, go ahead. Vice Chair Spence -Jones: No, no. Chair Sanchez: Well -- Commissioner Sarnoff. I'll -- Chair Sanchez: -- not both of you at the same time. Vice Chair Spence -Jones: Go 'head [sic]. Commissioner Sarnoff. Please. Vice Chair Spence -Jones: Please. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you. Number one, thank you very much for the meetings and for the work and what you've done. This is -- as you said, this originated within the discussion, and all of you know that we all support Museum Park, and -- but we do have issues regarding the City ofMiami. For me, it's important that the residents of the City ofMiami do have a benefit because they are -- you see, I always say that the citizens of the City ofMiami, the municipality, have done three times more than the other residents for the museums because we, as residents, are paying GOB (General Obligation Bond) bonds. We pay the debt of the County in our city. We pay the debt of the bonds of the City that has been facilitated to the museum, and the residents have given the land. The land is not ours; it belongs to the residents. And this has been my issue all the time, and I know that you try to get the best for the City; 40,000 students from City ofMiami school, I think is extraordinary. I think that the children do deserve to be part of the cultural life, andl know that the children love the science museum, andl hope that this will help the cultural life of our youth. I still need to understand -- andl know that there're City ofMiami Page 93 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 difficulties with the GOB and the County law, but what else can the residents ofMiami get from the museums? Andl know that we get pride. I know that we get, you know, the recognition is in the City ofMiami, but it's important that the residents, who have done so much, get something for what they have given to the arts for the whole community and for the world, for that matter. Andl know that most of you have traveled around the world, andl had the opportunity of visiting museums throughout the world and they do have certain benefits for the residents of that particular city. So again, I'm asking can we expect a -- sort of a waiver or a free day or -- for Miami residents? I mean, we have it at the Children's Museum. Can we even offer free parking to the residents ofMiami? Because, you know, as a matter of fact, I don't know if the parking garage will be done with GOB bonds, but it is about -- this is symbolical. This is something that I think we owe to the people ofMiami, and this is -- and this has been my issue, no other issue, actually. But the fact that the residents ofMiami are giving their land, which is the most precious property that a city can have, you know, downtown Miami waterfront or downtown waterfront. No other city in the eastern seaboard of the United States, except New York, has that possibility. So is -- was that contemplated? Was that --? Mr. Graber: Well, I can tell you from perspective -- and the museums can obviously add to this because I know Miami Art Museum, any student under 12 is free. I know that the Miami Science Museum has different programs that allow free access for any child year-round. And, you know, I just think it's also important to add -- that's my first attempt at answering that question. Is that the sort of -- does that answer that question or --? Vice Chair Spence -Jones: I think what he's saying, Shane -- Commissioner Regalado: No, it didn't. Because I know the Museum of Science; my son used to go all the summers there. So the summer camp, you know, I register him there. But it's about the residents ofMiami. It's more about the residents ofMiami than the general overview of the different programs. So maybe the Manager, Roger, can answer, or the directors of the museum. Other than that, I, you know, have always support the museums. I -- but I do say that we, the residents, have given a lot because we are taxpayers of the County, so we pay the GOB bonds. We pay the bonds of the City ofMiami, who have been already given to the museums, and of course, the land. So that's my point, and maybe the Manager can respond to that. Mr. Graber: Sure. Pedro G. Hernandez (City Manager): Commissioner, because of the funding that the museums have, which is -- part of it is GOB, County GOB, any discount that you would offer to City residents would also have to be provided or made available to County residents. So you could have a discount, but it'll apply countywide. It could not be just for City residents. Commissioner Regalado: I understand that, but let's look at other museums throughout the world and throughout the country and -- Chair Sanchez: Legal. Commissioner Regalado: -- you know, the city where you're based in, and that is my point. That is my point. Andl understand perfectly, but what I'm saying is as perception. The City ofMiami residents are giving more than the rest of the residents, and that was my point. So, I guess I'll speak on the other issue, but that's it, Mr. Chairman. Chair Sanchez: All right. Madam Attorney, you know, you could speak on that issue. Doesn't that violate the bond administrative --? Julie O. Bru (City Attorney): I think the Manager has already responded to that appropriately. We had looked at that issue previously, and according to the requirements of the general City ofMiami Page 94 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 obligation bond issued by the County, there has to be the same benefits afforded countywide. Chair Sanchez: So in other words, you can't treat a child from Miami different than a child from the County. You got to treat them -- in other words -- the museum is doing that. Twelve -- any -- you know, 12 or under, as long as it's a child, could come in free to the museum. Okay. Mr. Graber: And there are, I believe -- and correct me if I'm wrong on this -- the Miami Art Museum has first, second Saturdays every month, where it's free admission, including City of Miami residents, and the Miami Science Museum has dedicated events that allow access to that museum once or twice a month on an ongoing basis, which would continue, and they're inclusive of everyone in the County, including City residents. Commissioner Regalado: So the only specialty for the residents ofMiami are the 40,000 students? Mr. Graber: In terms of? Commissioner Regalado: In terms of special treatment; what you mentioned, the 40,000 students from the City ofMiami. Mr. Graber: Well, there will be increased -- one of the things that we really discussed and -- was what are we -- what will the museums do within the City of Miami without violating any larger agreements that are above and beyond the scope -- Commissioner Regalado: Right. Mr. Graber: -- of my legal understanding. But one of the things that they agreed to do is to work within the City system, and that means whether it's a Commissioner's office, a NET (Neighborhood Enhancement Team) office, a Park and Recreation office, to really provide outreach and access to more students. This is something that -- andMr. Schiller, our vice chair, really made sure became part of -- okay, what are you going to do to reach out to, especially the most needy students -- the most needy residents of the City ofMiami. Commissioner Regalado: Well, that was -- but exactly that was the answer I was hoping -- Mr. Graber: Yeah. Commissioner Regalado: -- that you'd say and -- Mr. Graber: And so that's a part of -- Commissioner Regalado: -- thank you, Jerome, for -- Mr. Graber: Yeah. And what I can do is I can go through the whole presentation. I was trying to top line -- Commissioner Regalado: No, no, no, no, no, no. Mr. Graber: -- but it's -- Commissioner Regalado: But that was -- so it means that the residents ofMiami -- Mr. Graber: Residents ofMiami -- Commissioner Regalado: -- through the outreach and through the parks and through the City ofMiami Page 95 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 students do have -- Mr. Graber: They do have and they will have -- Commissioner Regalado: Well, then you just answered my question. It's not about the legal thing that the Manager said. It's by the museums itself. Mr. Graber: It's by the museums. And something) didn't get into, a matrix was created, if you will, by -- Commissioner Regalado: So we are not violating any laws or anything by having a specialty for the citizens ofMiami. That's all) wanted to know. Mr. Graber: Agreed. And what you can rest assured is there's a matrix which we've put together that's part of the lease, where the museums have made their declaration as to what they will do in those terms, and that matrix provides a mechanism for accountability and flexibility, so as the City of Miami changes and its residents changes, we can work within that matrix. Commissioner Regalado: Okay. Mr. Graber: Correct me if I'm wrong legally. Okay. I'm not an attorney. Chair Sanchez: Commissioner Regalado, does --? Commissioner Regalado: Yes. I'm done. Chair Sanchez: Okay. Commissioner Sarnoff. Commissioner Sarnoff. I just want to praise Shane Graber. Anybody who knows Shane would say this is a Shane job. It's a great job, Shane, and you did a nice job. You represented, you know, District 2 to the utmost and, you know, I think that you've achieved -- I think anybody wants to expose children to art, whether it's -- art and science. Certainly, in the United States, it's been pretty well shown and demonstrated that we just are falling further and further behind in science. And, you know, art, we've never had a very, very strong program here in Miami -Dade County for it, so, you know, you never know what mining processes you're creating by exposing, you know, young children to these type of facilities. Certainly, in science, that's an absolute need for this country, and certainly, for art, that would be an absolute pleasure for this country. So, you know, people go out and make all sorts of money and some of them have never been exposed to art. See, I actually include myself in that. I didn't get exposed to enough art when I was young, so I call myself a cultural dolt, and) don't think anybody should have to grow up like me, a cultural dolt. So they should be exposed to these type of issues out there to see what art can create and to see science, you know, 'cause we're -- we simply are falling further and further behind other countries. Andl think it's these type of efforts that promote in schools and pique a child's interest in art and science. So what I was looking for is what you achieved, was to make sure that to supplement the kids in Miami's education that they get exposed to art and science. Thank you. Mr. Graber: Sure. Thank you. We appreciate it. And it's also -- it's really people of all ages that will benefit as well. Commissioner Sarnoff. Well, when you get to me, it's already lost. Mike is shaking his head. It's lost on him, too. Chair Sanchez: Vice Chair. City ofMiami Page 96 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Vice Chair Spence -Jones: Yes, Mr. Chairman. I'm sure most folks know me sitting up here on -- regarding this issue. I've had a lot of concerns with Museum Park from day one, but I do want to acknowledge when people make a difference and make changes and make adjustments to accommodate the community, you should acknowledge them for doing that. So what I want to do first is acknowledge Roger Hernstadt and the whole City ofMiami Manager's office for working this thing to death to make sure all of the Commissioners were happy with the final outcome. It was I that really wanted to make sure that there was some sort of community benefits or some sort of community input included in what was going to happen in the museum because I really felt that that was lacking and that there was a lot of concerns around it and to see the end result of a report that comes out -- I mean, the report was, I thought, awesome, and it really addressed some of the key issues that I thought that were concerns for not just my district, but for all of the residents ofMiami, so I want to not only commend the City Manager's staff but also the committee, the Chairman that did an outstanding job -- Shane -- and presented really, really well today, but also my district representative, Jerome Schiller, which is in the back there -- Jerome, if you could raise your hand -- that represented my district to the best of his ability and kept us very much informed in making sure that the key issues were addressed during the meeting, so I want to at least publicly acknowledge those. My concern from day one -- andl know we were going back and forth, Terry, on this issue. I never had a issue with Museum of Science because I do understand how important it is for our children, especially with FCAT (Florida Comprehensive Assessment Test) and all the other issues that are going on around science, that our kids really need to have this type of exposure on an ongoing basis, so that's always been -- I've always been supportive of that. My concern, however, was always with the -- MAM (Miami Arts Museum) in making sure that the community really felt connected to what was going to be happening in that park, and that -- I think that we at least begin to address with this particular committee. The only thing that want to just really say this afternoon is that think that the efforts are definitely acceptable to me, andl feel comfortable with what came out of the report. The only thing that I'd like to see added or at least to make sure that there's a strong push -- and Roger andl have spoken about this -- is to make sure that the 15 percent of the businesses -- or the small businesses and the laborers in the area are addressed through this particular -- well, I know that's going to come up in the next agreement, which is the -- butl want --I know that that was one of the sticking points for many of the committee members was to make sure that local businesses and laborers had the opportunity to participate, andl think we talked about 15 percent, making sure that that was included in this overall recommendation. Mr. Hernstadt: Yes, Madam Vice Chair. Thank you for the opportunity. Yes, we've talked about that. Andl also believe that the museums are going to be able to accommodate your suggestion with respect to that -- the jobs will be within a ten -mile -- or 15 percent of the construction jobs will be in a ten -mile radius of the project, so I think that was the second thing that you were very concerned about. And to the extent that your colleagues support you in that effort, it would be appropriate to amend this document to include that. Vice Chair Spence -Jones: Okay. And the reason why, again, for me, with $313 million worth of construction -- and we already know what's happening with the economy right now and, hopefully, it'll get better before it gets worse, but the reality is we really need to make sure that the people ofMiami are working on this project, so that was one of the biggest things thatl thought that was really important outside of addressing the other issues of making sure that the outreach happen in neighborhoods like Little Haiti, Little Havana, Allapattah, those particular communities that will never be connected to a museum like this -- unless there was outreach and unless there was some sort of document put in place to address that. I feel as though we're at least going down the right path. So with that being said, the only thing that I would like to make sure that we have added is the 15 percent based on a ten -mile radius for small businesses and local laborers from the job site, at least that. And with that being said, I support the project and I support your report. Mr. Graber: Thank you. And just your comment on the work done, I just took City ofMiami Page 97 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 (UNINTELLIGIBLE) all -- each Commissioner can be really happy with their appointee. This is a great crew. I just want to comment on Vice Chair Schiller. He's like the Enron auditor of the team, so you can rest assure that we have the right person for the job and that he really made sure to hold us all to task, that all the details were followed up on, so it was a great committee. Vice Chair Spence -Jones: Okay. Chair Sanchez: Commissioner Gonzalez? No. All right. I'll close it up. It's been a long journey, and it has, andl think a lot of people need to be praised. I want to take the opportunity to praise the trustees who have believed in working with the City and working with the County and getting the voters to support the things that really make a city a world -class city. I stated since day one that the success of this would have been a strong public private participation. To create a successful museum park, it was going to take that, and through that process we've been able to accomplish that by getting a lot of people involved in this. There's a lot of benefits that this bring to -- that brings to our city. One is that we're going to create a world -class destination, and it's going to have tangible benefits to this community and to every citizen of this community in South Florida. You know, I'm sure that when time passes by -- and probably, I may be here or not and we may not be here on this Earth -- I could tell you that one of the proudest votes that ever will cast will be to create two great museums in this city, and I'll tell you why. Bicentennial, at first, was a failure. I was not a commissioner. I was probably in high school at that time. But it was a failure since day one because whoever designed it -- andl -- you know, how ever millions of dollars the City spend on that -- it did some terribly to this city. It created a barrier between our greatest resource, which is our bay and our natural beauty to the urban core of this city, and you got to have vision; and once they did that, it was doomed to fail. And here time has passed, and a lot of us are here that weren't back then. We have an opportunity now to create something that we could all be very proud of and the way we've been able to do this, we have been able to restore waterfront land in an area that I'm sure will benefit the public in many ways. Now one of the Commissioners asked here, "But what are the benefits that it'll bring to the people ofMiami?" And started to write, andl wrote about 20 of them, but I'm only going to say a few. One is we're going to give this city two great museums, and we're going to give the people cultural, we're going to give them art, we're gong to give them education, we're going to give them knowledge, we're going to give them inspiration, etcetera, etcetera, etcetera, and that's what government needs to do. If you travel throughout all the great cities throughout the world, even abroad, great cities have great museums; and our industry here, our number -one industry is tourism, well that just enhances what this city could offer to people that come down here. They may not be able to go to the beach because it's a little cold when it's 60, or you know, the weather is a little cloudy outside. Instead of going to the beach, they go to museums. So having looked at the community benefit report, I'm very comfortable with that. I do have some questions on the lease, but those things we could work out. But having said that, I'm just very proud, andl know that history will treat us kind once we vote on this. All right, having said that, it's a resolution. I don't think anyone from the public wants to speak on this item. I'll tell you what, I hardly ever open it up, but how many speakers are going to speak on the item? One? Come on up, sir. Just one speaker. One speaker and that's all I'm going to allow. James Bush: Hi. Chair Sanchez: Yes, sir. Mr. Bush: Yes. My name is James Bush. I'm a resident ofMiami for over 30 years, been in Dade County for 62 years, and I'm glad to be here today to support the museum project. I've met with Mr. Riley. I've found a very sharp young man in Jerome Schiller, and I want to thank him for the support that he's given us. I work for the construction and craft workers, andl want to thank this Commission because before, when the demolition of the Orange Bowl was going to be, y'all stood behind us and y'all gave us that work; and we appreciate it and we want to thank you City of Miami Page 98 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 again. We're here today because, as you said, economically. I stand here today representing Little Havana, Little Haiti, Coconut Grove, Overtown and Liberty City. We have workers from every one of those areas, and we would just be thrilled to have our people working there, the people from the City ofMiami. We went through a terrible situation there just a couple weeks ago. We found out on a Dade County project, they was bringing people from Tampa and all over the country to work on a job and we got City ofMiami residents here that need these jobs. And what I've heard from this Commission, I know that you're not going to stand for that to happen, andl know you never will stand for that to happen; and we appreciate that. And we're here today because we have trained people that have went through our apprentice programs. We work along with the South Florida Work Force, we work with the Job Corps, and we work with a certified apprentice program to get these people in this community working. And I've been living in District 5 for over 30 years, andl'm glad to be living there. I'm glad to be in Miami. I want Miami to shine. I have 30 grand kids, andl'm glad to know that it's going to be a museum that'll give my children and my grandchildren and my great grandchildren another perspective of this city. Like you said, we need to give them something else to look at besides the stuff they're looking at now, and those museums going to be there just for that. And we're proud of that and we thank them, and we're glad to hear of this wonderful project that's coming up. It's going to be a great stimulus to us to give some people in our area some jobs. That's what they need right now. Chair Sanchez: One thousand, seven hundred jobs, sir. Mr. Bush: That sounds good to us. Chair Sanchez: All right. Mr. Bush: And we do the construction part, and we want to be on that job building that place. We don't want to be standing on the sideline looking at it being built. We want to be there building it. Chair Sanchez: Thank you, sir. Mr. Bush: Thank you. Chair Sanchez: All right. That concludes -- Applause. Chair Sanchez: -- that. We'll take up RE.17. There was a motion and a second. This is the Community Benefit Committee's report. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We move on to the lease -- Pamela E. Burns (Assistant City Clerk): Mr. Chair, would that be as modified -- Mr. Hernandez: Yes. Ms. Burns: -- with a ten -mile radius? Chair Sanchez: What ten -mile radius? Mr. Hernstadt: That was the -- Commissioner Spence -Jones -- City ofMiami Page 99 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Chair Sanchez: Oh, okay. Mr. Hernstadt: (UNINTELLIGIBLE) jobs -- Chair Sanchez: Okay. Yeah, yeah, yeah. Mr. Hernstadt: -- 15 percent of the construction jobs -- Chair Sanchez: Yes. Mr. Hernstadt: -- within a ten -mile radius. Chair Sanchez: Absolutely, as amended. Okay. RE.18 08-01452 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), APPROVING THE TERMS OF, AND AUTHORIZING THE CITY MANAGER TO EXECUTE, A LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC. ("MAM"), IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS "ATTACHMENT 1 ", AND A LEASE AGREEMENT BETWEEN THE CITY AND THE MUSEUM OF SCIENCE, INC.("MSM"), IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS "ATTACHMENT 2", TO LEASE TO EACH OF MAM AND MSM, APPROXIMATELY FOUR (4) ACRES OF LAND IN BICENTENNIAL PARK (AKA MUSEUM PARK), FOR THE DEVELOPMENT OF THE MUSEUM COMPONENT OF THE MUSEUM PARK PROJECT, AS CONTEMPLATED IN THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY, MIAMI-DADE COUNTY, THE MIAMI SPORTS AND EXHIBITION AUTHORITY, MAM, MSM AND THE HISTORICAL ASSOCIATION OF SOUTHERN FLORIDA, INC., APPROVED BY THE CITY COMMISSION ON MAY 22, 2008, PURSUANT TO RESOLUTION NO. 08-0290; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE EASEMENTS AND RELATED DOCUMENTS AS PARTICULARLY DESCRIBED IN THE LEASES. City of Miami Page 100 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 08-01452 Legislation.pdf 08-01452 Lease Agreement.pdf 08-01452 Lease Agreement 2.pdf 08-01452 Exhibits to Lease.pdf 08-01452 Exhibits A .pdf 08-01452 Exhibits B.pdf 08-01452 Exhibits C.pdf 08-01452 Exhibits D-1.pdf 08-01452 Exhibits D-2.pdf 08-01452 Exhibits D-3.pdf 08-01452 Exhibits E-1.pdf 08-01452 Exhibits D-4.pdf 08-01452 Exhibits E-2.pdf 08-01452 Exhibits F.pdf 08-01452 Exhibit G.pdf 08-01452 Exhibit H.pdf 08-01452 Exhibit A & B.pdf 08-01452 Exhibit I.pdf 08-01452 Exhibit J.pdf 08-1452 City Commission Amendments.pdf 08-01452 Summary Form.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-08-0707 A motion was made by Commissioner Sarnoff, seconded by Chair Sanchez, and was passed unanimously, to require that the museums provide a minimum of 480 parking spaces for both museums or a minimum of 300 parking spaces should only one museum be built on the property. A motion was made by Commissioner Sarnoff, seconded by Chair Sanchez, and was passed unanimously, to require that any improvements to the property shall be subject to a height restriction of 90 feet. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed, with Chair Sanchez and Commissioner Gonzalez voting no, to require that the museum land be used for green space if one of the two museums terminates its lease. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to require that the repayment of loans secured by leasehold mortgages be paid no later than ten business days after the receipt of funds. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones (RE.18 08-01452 RESOLUTION City ofMiami Page 101 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), APPROVING THE TERMS OF, AND AUTHORIZING THE CITY MANAGER TO EXECUTE, A LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC. ("MAM"), IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS "ATTACHMENT 1 ", AND A LEASE AGREEMENT BETWEEN THE CITY AND THE MUSEUM OF SCIENCE, INC.("MSM"), IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS "ATTACHMENT 2", TO LEASE TO EACH OF MAM AND MSM, APPROXIMATELY FOUR (4) ACRES OF LAND IN BICENTENNIAL PARK (AKA MUSEUM PARK), FOR THE DEVELOPMENT OF THE MUSEUM COMPONENT OF THE MUSEUM PARK PROJECT, AS CONTEMPLATED IN THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY, MIAMI-DADE COUNTY, THE MIAMI SPORTS AND EXHIBITION AUTHORITY, MAM, MSM AND THE HISTORICAL ASSOCIATION OF SOUTHERN FLORIDA, INC., APPROVED BY THE CITY COMMISSION ON MAY 22, 2008, PURSUANT TO RESOLUTION NO. 08-0290; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE EASEMENTS AND RELATED DOCUMENTS AS PARTICULARLY DESCRIBED IN THE LEASES. 08-01452 Legislation.pdf 08-01452 Lease Agreement.pdf 08-01452 Lease Agreement 2.pdf 08-01452 Exhibits to Lease.pdf 08-01452 Exhibits A .pdf 08-01452 Exhibits B.pdf 08-01452 Exhibits C.pdf 08-01452 Exhibits D-1.pdf 08-01452 Exhibits D-2.pdf 08-01452 Exhibits D-3.pdf 08-01452 Exhibits E-1.pdf 08-01452 Exhibits D-4.pdf 08-01452 Exhibits E-2.pdf 08-01452 Exhibits F.pdf 08-01452 Exhibit G.pdf 08-01452 Exhibit H.pdf 08-01452 Exhibit A & B.pdf 08-01452 Exhibit I.pdf 08-01452 Exhibit J.pdf 08-1452 City Commission Amendments.pdf 08-01452 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0707 Chair Sanchez: RE.18. This is the lease. Now we need a motion and a second. Commissioner Sarnoff. So moved. Chair Sanchez: All right. City of Miami Page 102 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Gonzalez: Second. Chair Sanchez: There is a motion by Commissioner Sarnoff, second by Commissioner Gonzalez. Just put a little bit of information in the lease -- on the record as those that are watching on TV (Television) could be well informed. Roger Hernstadt: Thank you, Mr. Chairman. Roger Hernstadt, assistant City Manager. This is a lease between the City ofMiami and the Miami Art [sic]Museum and the Miami Museum of Science. It's a 30-year term, with two renewable 30-year terms, followed by another 9-year term. It automatically renews unless there's a default on the renewal date. And it's for four acres apiece in Museum Park or Bicentennial Park for the development and continued of these museums. I do need to take a second and thank Assistant City Attorney Olga Ramirez -Sews and Madeline Valdes. Both of them worked extremely hard with me to make -- create a situation where we could bring this lease to you andl couldn't have done it without their help. So thank you and available to answer any questions you may have. Chair Sanchez: All right. Okay, there's a motion and a second. Madam Clerk, did you get the motion and the second? Pamela E. Burns (Assistant City Clerk): Yes, sir. Chair Sanchez: Okay. Discussion on the lease. Who's got questions? Commissioner Regalado? Commissioner Regalado: On the lease -- and we discussed this, and the Manager and Roger were there andl -- again, I totally support this project. However, even you guys agreed that -- the only thing notice in this lease is that there will be a percentage of companies who are in the Miami -Dade government list, and there was no mention of companies who are registered with the City ofMiami, so how do we fix that? Mr. Hernstadt: Well, Commissioner, part of the community outreach efforts are that we are going to go out to the community with the Museums to encourage City ofMiami construction companies and subcontractors to -- and help them get enrolled in the County's program while the -- next year or so while the design is going on so they'll be available to participate in the construction phase under the County's small business program, and the Museums have committed, through the Community Benefits agreement that you just approved, to do that with us. Commissioner Regalado: Okay. That's fair. Thank you. Chair Sanchez: That's it. Anyone else with questions? Commissioner Sarnoff. Mr. Chair. Chair Sanchez: Yes, sir. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff. First, Roger, I want to congratulate you on a job well done. Mr. Hernstadt: Thank you. Commissioner Sarnoff. However, no attorney thinks there's not something that can't be fixed, so I tinkered under the hood a little bit. Mr. Hernstadt: Okay. City ofMiami Page 103 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. I think there needs to be a parking component to this, andl think we need to have a minimum parking, andl think it needs to be -- andl think they've agreed to it -- not -- a minimum of at least 480 parking spaces. Chair Sanchez: Four hundred and what, eighty? Commissioner Sarnoff. Four eighty. Andl think if only one museum is inevitably built, we need to have a minimum of at least 300 parking spaces, so I'm going to bring this up as amendments. Chair Sanchez: Okay. Commissioner Sarnoff. The -- equally, there should be a height requirement, andl remember there were studies for height, andl don't recall what the height studies demonstrated, but it should be a part of a lease. And if somebody wants to get me what the height requirement was. I know there was a balloon study done or some type of study, andl want to make sure that this lease contains the height requirement. I also think on the termination section of the lease, I think it's Article XIV. In the event that one museum is not going to go into effect, I think that open space should be converted into a park space, so in the event one of the museums is not sited, that should revert back to a park space. Fourth thing have is the repayment of loans secured by lease mortgage. Presently right now there's a 90-day repayment provision. That should be changed to ten business days, and that's a protection afforded to everyone involved so that nobody holds money that comes from the bond for any length of time and some of the provisions allow a significant amount of leasehold mortgage money, so I think it should be a 10-day provision versus the 90 stated in the lease. Those are my comments. Those are my suggestions. I think they're good suggestions. I hope that the Museums, both of them, see them as productive ways of looking at this lease. And my motion, if the seconder would accept it, would be then to modify it as I've stated it. Chair Sanchez: I would need more information on the height on the other items. I am more than okay with the 480 feet. And, absolutely, if one of the museums is not built, the property shall revert back to property -- park land, but the height, I need more information on the height. I mean, this was something that was -- we -- during the briefings, we had no discussion on this item. Commissioner Sarnoff. Well, we did. Pedro G. Hernandez (City Manager): Mr. Chairman, I have Enrique Nunez here from the Planning Department, who can provide the information on the height. Chair Sanchez: Okay. Mr. Hernandez: And this came as a result of intense studies that were done early on together with the architect from Museum Park, and he can provide the results of that. Enrique. Chair Sanchez: All right. Let's -- give us a briefing on that. Enrique Nunez: Good afternoon, Commissioners. Enrique Nunez, chief of Urban Design, City ofMiami Planning Department. As part of the Museum Park master plans, there were museum area designed guidelines that were prepared which gave reference to height envelopes for both museums. There was reference that the Miami Art [sic] Museum would have no more than 60 feet above a plaza elevation of plus 17 above park grades, and the Museum of Science was -- I think it was 7 -- it was 70 feet above the platform, no more than 3 stories. Chair Sanchez: But 3 stories above the 17? City ofMiami Page 104 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Mr. Nunez: Yes, which was considered. Yes. And there did -- there were also allowances of projections beyond the 70 feet at no more than 10 percent of the footprint for certain features for the building. So beyond the 70 feet, there could be some architectural projections that would not be more than 10 percent of the floor area for each building. Chair Sanchez: Was that item negotiated between parties, both parties? Mr. Nunez: Well, those were parts of museum guidelines that were part of the overall master plan document presented and approved. Chair Sanchez: So, in other words, this turkey's not fully cooked? Mr. Nunez: Well -- Mr. Hernandez: Mr. Chairman, in essence, those were guidelines that were in place at least over a year ago before the -- maybe the final acceptance of the Museum Park Master Plan. Chair Sanchez: So that's always been the guidelines based on height? Mr. Hernandez: And as a matter of fact, in those meetings and discussions and the work by Cooper Roberson, I know that we work with Museum of Art and Science in developing those guidelines. Chair Sanchez: And they were in agreement with those guidelines? Mr. Hernandez: They were part of the discussion process. Mr. Nunez: Yes. And they were part of the overall studies that were made of views of -- from the bay and a series of elaborate studies that were made of impacts -- visual impacts for the park and part of the improvements. Chair Sanchez: Okay. So that addresses that issue. How 'bout [sic] the one that if we don't -- if one of the museums is not built, the property reverts back to park? Mr. Hernandez: I will -- if one of them is not built -- there's a certain time period that they have to do the construction. If it doesn't get built, in essence, in plain words, the -- that space will go back to be open space and will be part of Museum Park -- Chair Sanchez: All right. Mr. Hernandez: -- andl think the attorney can probably address that better. Chair Sanchez: That answers one of the questions that I had. Mr. Hernandez: Olga. Olga Ramirez -Sews: Commission -- Olga Ramirez-Seijas, assistant City Attorney. The way the lease reads right now, the -- if one of the museums does not go forward or defaults and that lease is terminated, the City Commission -- or the City has the option to either lease it to another museum or keep it as open space or keep it as park component in accordance with the master plan. So right now, the way the lease reads, we have that option. I just want to point out that the language that Commissioner -- the proposal for Commissioner Sarnoff may be too limiting on the City in that it may not give the City the choice to, for example, lease it to another museum. Chair Sanchez: And the City's asking for a little flexibility? City of Miami Page 105 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Ms. Ramirez -Sews: Yeah. The way it reads we can lease it to another museum right now, and we can add language that we can keep it as open space or we can use it in accordance with the park component. It's at the choice of the Commission. Chair Sanchez: So this lease gives you options. It's more flexible -- Ms. Ramirez -Sews: Yes. Chair Sanchez: -- as to (UNINTET,TIGIBT,F)? Ms. Ramirez -Sews: Yes, it -- yes. Chair Sanchez: Okay. Ms. Ramirez -Sews: And if we add the proposal that Commissioner Sarnoff has made, then it would make it very clear that there is an expressed intent to use it also as public space. Commissioner Sarnoff. But the way I expressed it, let's say if one of the museums didn't go forward, then it would revert back to park space. Ms. Ramirez -Sews: It limits it because you're -- we're making that covenant inside the lease. I think if we keep it as an option, it gives the City Commission more flexibility. Commissioner Sarnoff. Yeah, but I'm not absolutely sure that that's a flexibility that's -- see, a lot of people put a lot of time and a lot of effort in where they've gotten to here today, and I'm not trying to dispel or, in any way, take away from their time and effort; I'd love to see both museums sited, but I'm not so sure -- let's say, we're in 2012 -- andl won't even pick a museum -- one of the museums is sited on the space and the other one has never moved forward, and then the City decides they want to build another museum there. I'm not -- and you know, whether you come up with the public private partnership or whatever you do, I'm not sure it should be any other museum other than the two we're seeing here or an assignee of the two that we're seeing here because they have the flexibility under the lease. Ms. Ramirez -Sews: This is not a legal -- Commissioner Sarnoff. It's a policy issue. Ms. Ramirez -Sews: -- issue. I just want -- Commissioner Sarnoff. I know. Chair Sanchez: Policy issue. Ms. Ramirez -Sews: -- it's a policy -- Chair Sanchez: All right. Ms. Ramirez -Sews: -- decision I just wanted to point out that that -- Chair Sanchez: Why don't we -- Ms. Ramirez -Sews: -- would be more restrictive. Chair Sanchez: -- get back on track? Let's go ahead and focus on the lease, and then we'll City of Miami Page 106 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 present, through a vote, separately the amendments that you have proffered, which are three of them. One is the hundred -- 480 parking capacity; the other one is the height, which I think needs to be addressed by both sides, and then, of course, the -- your third amendment would be in the event that one of the museum [sic] is not built, the automat -- the property automatically reverts back to parkland. I think we need to address that a little further, but let's hear -- you want to speak on the item? On which, on the height? Peyton White Lumpkin: Yes, please. Chair Sanchez: Okay. Ms. Lumpkin: My name is Peyton Lumpkin. Good afternoon first. And I'm with White and Case, and) represent the Museum of Science. And l just want to talk to you a little bit about the height issue with the Museum of Science. The solution that I would propose is that we say that the height should be in accordance with the Museum ParkMaster Plan, as amended from time to time. Unfortunately, as you probably know, there are some problems already with the Museum ParkMaster Plan, for example, the FDOT (Florida Department of Transportation) area, and so we're trying to work out building the museum within the site that they've -- that we've been given. We started out with four acres. We lost one acre due to the road; another half acre due to the plaza, and then more space due to the perimeter area around the museum because you can't obviously step out from the museum right into the park. If we have three stories of 80, 000 square feet each, that gets us to 240,000 square feet, and we've committed to have a 250, 000-square foot museum. So we'd like to work it out, but we've got practical constraints, and Cooper Robertson actually is aware of this. We did a massing study in the spring of 2007 with them showing what the difficulty was. I think that, to tell you the truth, it's sort of fallen between the cracks of Cooper Robertson. They haven't been working as closely with the Museums recently as they need to, and this whole issue is actually contemplated in the MOU (Memorandum of Understanding). If you don't mind, I'll read you that particular section. It talks about going according to the master plan, but working out the key points, and this is found in Article III, entitled 'Museum Park Project." The parties acknowledge receipt of the Museum Park design development documents prepared by Cooper Robertson in reference to your two as Exhibit C and agree to work jointly and with Cooper Robertson to reach a consensus regarding key issues, including, but not limited to, the site plan design guidelines in a time table for completing each component of the project. So I think that just practically speaking because it's physically mathematically not possible to build 250,000 square feet on the site that we now have, particularly considering that we don't have the FDOT area. I think that the best way to address this is to say that it will be built in accordance with the Museum ParkMaster Plan as amended. Commissioner Sarnoff. Well, let me ask you, since you're a lawyer. Stay up there. You can never offend lawyers. Others can be offended. What do you suggest, since the Museum Park Master Plan is certainly not a hard-and-fast number and supposing) was concerned and) wanted to make sure that the height was understood today versus in three months, three years? Ms. Lumpkin: Maybe if you could give us an outside limit. I understand the City's concern; you want to preserve that view corridor from the condos. I'm sorry. Go ahead. Commissioner Sarnoff. Give me some information because it's my understanding that you had -- and) think Commissioner Regalado remembers this well because I think he was upset by it, but there was some sort of a study done by the Performing Art [sic] Center. Does anybody remember that? And -- Commissioner Regalado: Yeah. Commissioner Sarnoff. -- did they come up with a --- was there a height discussed based on that study? There was not. City of Miami Page 107 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Mr. Hernandez: Yes. Commissioner Regalado: The study was -- ifI may -- to see if the Museums buildings were to affect the view of the Performing Arts, but it was done on the side of the Museums. And the study came up. It was okay from the point of view that those buildings, as presented were not to impede the view of the Performing Art [sic]. That was a -- Commissioner Sarnoff. So regardless of whether we said 70 feet or 90 feet, that would not -- Commissioner Regalado: It would not -- Commissioner Sarnoff. -- be an issue? Commissioner Regalado: -- no, be an issue. Commissioner Sarnoff. What do you --? I could say something -- Lucia Dougherty: I just wanted to -- Commissioner Sarnoff. -- but I'd get in a lot of trouble, so I don't say anything. Ms. Dougherty: -- point out to you another added protection that you have is that notwithstanding what size these museums are, each Museum has to do a Major Use Special Permit, so you have total control over the height when you review it pursuant to that permit. Commissioner Sarnoff. What would you be comfortable with ifI was very uncomfortable sitting here with a maximum height? Ms. Lumpkin: I think that what we would be comfortable with would be 125 feet. Commissioner Sarnoff. Feet? Chair Sanchez: Feet? No. Ms. Lumpkin: That would be absolute max. It may not be quite that tall. That -- Commissioner Sarnoff. See, this is why I wanted to ask that question. Ms. Lumpkin: -- gives us a little bit of margin. Commissioner Sarnoff. Right. Chair Sanchez: All right. Ms. Lumpkin: Oh, I'm sorry. That was above sea level, so that does not count the plaza. When you look at the guidelines, they give an additional -- they give seven -- Chair Sanchez: Seventeen feet. Ms. Lumpkin: -- I think it's 17 feet, yes. So let's put that at like 107 feet. Sorry. Chair Sanchez: No. Commissioner Sarnoff. And is MAM also -- are you speaking for MAM as well? City of Miami Page 108 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Ms. Lumpkin: No. I'm speaking for Museum of Science. MAM actually meets your requirements, as I understand it. Commissioner Sarnoff. What is MAM's height? Ms. Lumpkin: I believe it's something like 70 feet over the plaza level or 90 over sea level and it may be a little bit less than that. We were ballparking [sic] this the other day when we were being asked about it. Commissioner Sarnoff. So if it -- if the -- you're saying 107 feet? Ms. Lumpkin: Above the plaza level. Actually, it may be -- Chair Sanchez: It's 90 -- Ms. Lumpkin: -- 108 feet. Chair Sanchez: About 109 and 7 -- minus 17 is a hundred and -- it's 90, 90 feet. Commissioner Sarnoff. But the way to express it is 107 feet above plaza level? Is that the expression? Ms. Lumpkin: If my math -- lawyers are notoriously bad at math, so what I'm looking for is my 125 minus 17, which is, I think, 108. Chair Sanchez: Listen to what she's saying. Ms. Lumpkin: A hundred and eight. Chair Sanchez: A hundred and seventeen feet above -- Ms. Lumpkin: The plaza. Chair Sanchez: -- the plaza, which is add 17. You weren't very good in math, were you? Ms. Lumpkin: Lawyers can't count; they would have been doctors. Commissioner Sarnoff. Oh, I'm sorry; didl hear 107? Ms. Lumpkin: Yes. Actually, I meant 108 though. Commissioner Sarnoff. One zero seven? Ms. Lumpkin: Yes. Chair Sanchez: Above. Ms. Lumpkin: Above the plaza, which is -- Commissioner Sarnoff. Above the 17. Ms. Lumpkin: -- 17 feet Chair Sanchez: Above the 17. City of Miami Page 109 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff.. So you're at 134 feet? Ms. Lumpkin: Oh, God. Commissioner Sarnoff.. A hundred and twenty-four feet. Ms. Lumpkin: I told you lawyers can't count. Unidentified Speaker: Twenty-five. Ms. Lumpkin: I'm shooting for 125 feet, minus 17, which should get us to 108. Please correct me. Chair Sanchez: What you're shooting for is the stars. Ms. Lumpkin: Do we have a doctor in the room? It's 108, so 108 feet above the plaza, which we understand is 17. Commissioner Sarnoff.. That's a -- your -- that's a huge building. Ms. Lumpkin: Well, it's taller because it's constrained by the site. If we had four acres, it could be shorter. And, again, this is a purely physical mathematical difficulty, and one way to handle it is to say that it will be built in accordance with the Museum Park Master Plan as amended. Commissioner Sarnoff. That's not a very definitive way of looking at it. Mr. Hernandez: Mr. Chairman, ifI may. I think the item and those details that the counsel is referring to as far as the height should and could be handled as part of the development agreement that provides more -- Chair Sanchez: Well -- Mr. Hernandez: -- construction details. Chair Sanchez: -- I -- do you know what? Yeah, you could handle it that way, but I think there has to be a message from this Commission that that's -- Commissioner Sarnoff.. Right. Chair Sanchez: -- a very tall building for that area. I couldn't support it. I'm sorry. Commissioner Sarnoff.. And what you're saying, Mr. Manager, is let them go forth, create a MUSP (Major Use Special Permit), spend a lot of money. And now is the time to set a parameter. Mr. Hernandez: Well, Commissioner, Mr. Chairman, the information that have from the various meetings that were held as a result of the visibility study and the impact on the PAC (Performing Arts Center) that M4AJand Museum of Science participated, we have a plaza that is common to both at an elevation of plus-17 feet. The Museum of Art, MA114, is supposed to go a maximum of 60 feet above that 17 plaza, and Museum of Science is 70 feet above the plaza, which is at 17 elevation. Commissioner Sarnoff.. That's 87 feet, unless my math is horrible. City of Miami Page 110 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Mr. Hernandez: Science would be 87 andMlttvl would be 77, and MAM is supposed to be two stories, and Museum of Science, three stories. Commissioner Sarnoff. All right. You know what can accept? I could accept up to 90 feet. Mr. Hernandez: And, Commissioner, ifI may. My understanding is that MAM, who is further ahead in the design process, has already submitted per -- the guideline that I just mentioned. Commissioner Sarnoff. Well, I throw out to this Board that I think 90feet is an appropriate number. Ms. Dougherty: I just want to make one correction. We're not at two stories; we're at three stories at that height limitation. Chair Sanchez: This -- Mariano, it's not a public hearing. This is -- it's not a public hearing. Mariano Cruz: No, no. I am a member of the board of the bonds. Now -- Mariano Cruz, 1227 - Commissioner Sanchez: Very brief correct? Mr. Cruz: -- 26 Street. Huh? Chair Sanchez: Brief? Two minutes? Mr. Cruz: Brief brief. No. About two years ago, I am a member of the (UNINTET,TIGIBT,F) advisory board. The same day we approve monies for the studies of the Museums, we approve monies for the studies of the Grapeland, of the baseball parks and the water theme park. Those two capital improvement thing are already been done and we steady -- we're still study, nitpicking about this and that and that. Let's come and start building. Come on, let's start -- (UNINTELLIGIBLE) because this and that (UNINTET,TIGIBT,F). If they keep on doing more studies and more consultant, there won't be any money left over to build anything because we already got those parks at Grapeland already built, and the water Theme Park is already built. How come? I -- it doesn't -- people ask me that, how come? The money all going in studies? Chair Sanchez: Okay. All right. Thank you. All right. That's it? I think that the three issues that one of the Commissioners -- the three issues that the Commissioner proffered was the 480 feet, which we'll take up as a independent motion. We're going to take up the height restriction as an independent motion. And there was the other issue as to the converting of the land. That one I have an issue with because I, personally, don't think it should be on the lease agreement. It may be on the development agreement, butt have a problem with having it on the lease agreement. Commissioner Sarnoff. And then the fourth one was repayment of loans secured by leasehold mortgages that that should be -- it should be ten days upon receipt of funds. Chair Sanchez: I don't have a problem with that one, so let's go ahead and take those separately. So let's go ahead if we're -- Vice Chair Spence -Jones: Okay. Do we have a motion on this item, first of all? Chair Sanchez: Yes. Commissioner Sarnoff. Yes. City of Miami Page 111 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Vice Chair Spence -Jones: And we had a second? Chair Sanchez: Yes. Vice Chair Spence -Jones: Okay. So all in favor on this, with the amendments? Commissioner Sarnoff. No, it's not with the amendments. Chair Sanchez: No. Just the lease itself. Vice Chair Spence -Jones: Okay. So we had a motion. We had a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: Now we're going to take up -- Madam Clerk, we're going to take up these additional items to amend the lease. Commissioner Sarnoff. First amendment I'll propose is that they have parking minimum of 480 spots -- parking places. Chair Sanchez: Second. Commissioner Sarnoff. Let me say this right. Wait. And if only one is built, that there be a minimum of 300 parking spaces. Chair Sanchez: Second. Vice Chair Spence -Jones: Okay. So we had a motion and a second on that item. You have additional you want to add? Or do we have to pass it each time, Clerk? Chair Sanchez: Yes, independent. Vice Chair Spence -Jones: Okay, so all in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. Chair Sanchez: And those'll be added as conditions. Commissioner Sarnoff. Right. Chair Sanchez: Okay. What's the second one? Vice Chair Spence -Jones: The second one -- Commissioner Sarnoff. The second condition would be the improvements and any expansions thereof shall be subject to a height restriction of 90 feet. Chair Sanchez: Second. Vice Chair Spence -Jones: All in -- Chair Sanchez: Ninety feet total, not ninety feet above the 17. City of Miami Page 112 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. Correct. Chair Sanchez: Total 90 feet. Vice Chair Spence -Jones: Okay. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: Item passes. The next item was? Commissioner Sarnoff. Termination of lease, and here's what I'll propose to you. If a lease with one museum is terminated and the other lease remains in effect, the property subject to the terminated lease shall be kept as open green space or used in conformity with the use of the park component. Chair Sanchez: That one I will not second it, and I'll -- Vice Chair Spence -Jones: Okay. You want -- Chair Sanchez: -- andl won't support it. Vice Chair Spence -Jones: -- do we have a second on this -- the other item? No second on this? Commissioner Gonzalez: What was the amendment? Vice Chair Spence -Jones: Propose it again, Commissioner Sarnoff. Commissioner Sarnoff. I'll read it again, Commissioner. If a lease with one museum is terminated, which, for our purposes, means doesn't go forward and the other lease remains in effect, the subject property -- the property subject to the terminated lease -- which means that land -- shall be kept, 1, as open green space, or B, used in conformity with the use of a park component. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: All right. We had a motion and a second. Chair Sanchez: All right, discussion. The only concern -- Vice Chair Spence -Jones: Second for discussion. Chair Sanchez: Discussion. The only concern that I have, Madam Attorney, it basically takes away our flexibility as to options to lease it to another museum, so those are the concerns that I have. It really ties our hands. Could you elaborate a little bit on that? Ms. Ramirez -Sews: I believe that if you put a covenant or a -- if you restrict the -- what you can do with the other parcel upon termination of that lease to green space or in conformance with the park component, you are limiting yourselves to those two options. I believe that is correct. Andl believe you're -- I'm sorry -- limiting yourselves to those options for the duration of the lease term. Chair Sanchez: Which is 99 years. Ms. Ramirez -Sews: Which is 99 years. City of Miami Page 113 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. Right. In other words, if one of these museums that we see before us today does not go forward, the City doesn't go -- then go shop this for another museum. Mr. Hernandez: Right. Commissioner Sarnoff. That's correct. Commissioner Regalado: I saw you -- Commissioner Sarnoff. Right. And that's my purpose because there are people that -- Ms. Ramirez -Sews: Or anything else. Commissioner Sarnoff. -- put a lot of time and effort behind this that are here today that don't want to, in any way, shape or form, suggest I don't support their museums. However, I do think that in the event any of them are unsuccessful, that it should conform to park space or park -- what is it? Park -- let me see what the exact word is. Ms. Ramirez -Sews: Well, the -- Commissioner Sarnoff. To use in conformity with -- as a park component. Ms. Ramirez -Sews: Yeah. The park component is to be developed in accordance with the master plan, so in effect, you are limiting the use of that site for open green space or the park component. Commissioner Sarnoff. Correct. Chair Sanchez: Yeah, but here's my thing. If one of the went under, will we say no to the Metropolitan Museum of Art or any other great museum that wants to come down to Miami? That's the concern that have. Commissioner Sarnoff. Have they been knocking on your door? Vice Chair Spence -Jones: Okay. You're recognized, Commissioner Regalado. Commissioner Regalado: But, Olga, in your briefing, one of the things that it was said -- and this is why -- number -- two things, I support Commissioner Sarnoffs idea. Number one is that, you know, green space is what we need in the City. And if a project fails, well, this is -- this will be forever green space. And number two, you also mention that, within the documents, the museums do not want competition from other museums. Now we have -- these two museums are the signature museums in Miami -Dade County. There are other museums, but the Museum of Art and the Museum of Science are the pioneers or the most well-known, visible museums that there ever were in the City ofMiami. We have several. So can you explain to me the part about noncompete [sic]? Ms. Ramirez -Sews: The way that the lease reads right now and what I explained to you is that if the Museum of Science, for example, does not go through, the Museum of Arts wants to make sure that the City does not lease the Museum of Science property to another arts museum. But the City, under this document, reserves the right to lease that property to the Historical Museum of South Florida or to another science museum or to any other museum that may be happening 99 years from now. The restriction that the museums requested was that it not be leased to the same type of museum as the remaining museum; that if it is leased to another museum, that it be capped and operated as a first-class accredited museum, and if it is not used for any one of those purposes, that it be used for a family -- City ofMiami Page 114 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Regalado: That's what I understood. Ms. Ramirez -Sews: -- compatible. Commissioner Regalado: That's what I understood. Ms. Ramirez -Sews: That is correct. Commissioner Regalado: But when the Metropolitan Museum was mentioned, it conflicts with the lease. Ms. Ramirez -Sews: Well, not if it is the Museum ofArt that doesn't go through. Commissioner Regalado: That's what I'm saying. Chair Sanchez: It all depends which one goes through. I mean, the whole thing is you don't -- Ms. Ramirez -Sews: Right. Chair Sanchez: -- want competition, but why not have two different museums that are going to enhance -- Mr. Hernstadt: Yeah. As we stated in the briefings, we're -- while we don't disagree with the concept whatsoever, we just prefer for that hard commitment towards open space would be in the development agreement versus here. Here we'd prefer it to be an option. Commissioner Regalado: But why? I mean, the announcement, the vision, the plan was the Art Museum and the Science Museum, so why do we need to thinking another candidate in the future? There's no need for it. You don't go through because whatever, we have an open space. That's all that there is to it. That's why I -- Mr. Hernstadt: Commissioner, we understand that -- the sentiment of the Commission with regard to open space. We just think that this is a 99-year lease, and to make a commitment here in the lease to that extent would put the City in a position where it'd be extremely difficult if it ever wanted to change its mind. Commissioner Regalado: Roger. Mr. Hernstadt: Yes, sir. Commissioner Regalado: We are making, either way, a 99-year decision. We don't know if, 50 years from now when we all are gone -- some people will say, oh, these people approve two museums. They may -- why they didn't approve three museum or one museum. So it's a historical responsibility. So 99 years, it's the same for one decision or other decision, so I'm -- you know, I don't want to continue the debate but just -- Vice Chair Spence -Jones: All right. We had a motion and we had a second by Commissioner Gonzalez. Commissioner Gonzalez, do you have any other thoughts on that before we --? Commissioner Gonzalez: I would like to proffer an amendment to that motion, and that is that it includes another museum, you know, either open space -- well, another museum or open space or -- but leave the possibility of -- huh? Vice Chair Spence -Jones: A possibility of both? City of Miami Page 115 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Gonzalez: Yeah. Commissioner Sarnoff. You're saying you want another museum in there? Commissioner Gonzalez: Pardon me? Vice Chair Spence -Jones: Right. He's saying -- Commissioner Sarnoff. You want the option of another -- Commissioner Gonzalez: Of another museum. Commissioner Sarnoff. You really should just withdraw your second. Commissioner Gonzalez: Right. Vice Chair Spence -Jones: So, Commissioner Gonzalez -- Chair Sanchez: You should -- Vice Chair Spence -Jones: -- are you withdrawing your second? Commissioner Gonzalez: Yes. Chair Sanchez: -- withdraw your second. Vice Chair Spence -Jones: Okay, he's withdrawing his second. So -- Commissioner Gonzalez: If you don't accept the -- Vice Chair Spence -Jones: If you don't -- Commissioner Sarnoff. Truthfully, you'd be better suited to what the Administration wants -- Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. -- so I -- Mr. Hernandez: Correct. Commissioner Sarnoff. -- just have a motion without a second. Vice Chair Spence -Jones: Okay. Commissioner Regalado: I'll second the motion. Vice Chair Spence -Jones: All right, so we have a motion and a second by Commissioner Regalado. Pamela E. Burns (Assistant City Clerk): Commissioner Gonzalez -- Chair Sanchez: All right, call the -- Ms. Burns: -- you didn't -- did you withdraw your motion? City of Miami Page 116 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Vice Chair Spence -Jones: Yes, he did. Commissioner Gonzalez: Yes, ma'am, I did. Chair Sanchez: Call the question. Ms. Burns: Okay. Thank you. Vice Chair Spence -Jones: All in favor? Chair Sanchez: Let's have a roll call. Vice Chair Spence -Jones: Yeah, a roll call. Commissioner Gonzalez: And let me tell you, the reason for my withdrawal is that, you know, time -- future commissioners and future mayors and -- for 99 years, you know, to one decision that we're making here today is kind of -- for me it's kind of tough, you know, because I don't think it's fair that we should be determining, you know, the life or the history of the City for the next 99 years. Commissioner Regalado: But we are tying the history of the City for 99 years. Commissioner Gonzalez: Well -- Commissioner Regalado: That's what we're doing. Commissioner Gonzalez: -- with -- Chair Sanchez: Based on voters' approval. Commissioner Gonzalez: Yes. Commissioner Regalado: Well -- no, no, no, no, no, no. Listen, Mr. Chairman, it wasn't like that. This is what the City Commission has done. The voters approved a bond issue that could be use in Bicentennial Park Museum. Vice Chair Spence -Jones: Okay. We had a motion. We had a sec -- we didn't have a -- did not have a second, but can we get a roll call, Madam Clerk? Ms. Burns: We do have a second now by Commissioner Regalado. Vice Chair Spence -Jones: Oh, we do have it. Okay. Ms. Burns: Roll call. Commissioner Gonzalez? Commissioner Gonzalez: No. Ms. Burns: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Burns: Commissioner Regalado? Commissioner Regalado: Yes. City of Miami Page 117 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Chair Sanchez: I'm not the Chair, so I vote next. Ms. Burns: Yes. Commissioner -- I mean, Vice -- or -- Chair Sanchez: No. Ms. Burns: Sorry. And Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Burns: Okay. This -- Chair Sanchez: All right. Ms. Burns: -- item has passed, 3/2. Chair Sanchez: Okay. What other amendments? Commissioner Sarnoff. The last amendment should be the repayment of loans secured by leasehold mortgages at Section 17.2(d), and it says all loans should be secured by leasehold mortgages shall be paid no later than -- it presently says -- 90 days after receipt offunds. I propose it should say 10 days after receipt offunds. Chair Sanchez: Would you be able to -- would you amend it to 60 days? Mr. Hernandez: Business days. Commissioner Sarnoff. Business days, that's right. No later than 10 business days. Chair Sanchez: Business days. So 10 business days? Commissioner Sarnoff. Ten business days by the way is 17 days for most -- right. Chair Sanchez: Okay. All right. Commissioner Gonzalez: I'll second the motion. Chair Sanchez: There's a motion and a second. Any further discussion on this amendment added to the resolution? If no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." That takes care of all your amendments? Vice Chair Spence -Jones: Yes. Commissioner Sarnoff. Yes, sir. Chair Sanchez: All right. Madam Clerk, for the point of clarification. Ms. Burns: For our records, you had originally approved the resolution -- Chair Sanchez: Yes. City of Miami Page 118 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Ms. Burns: -- as is, then you had made and approved four motions. Chair Sanchez: Four amendments -- Ms. Burns: Four amendments. Chair Sanchez: -- through motions. Ms. Burns: However, we would need to reconsider that original resolution because that was passed as was -- as it was. Commissioner Sarnoff. So in conformity with -- Chair Sanchez: All right, so in conformity -- Ms. Burns: You need a motion to reconsider -- Chair Sanchez: Let's have a motion to reconsider -- Ms. Burns: -- approve that -- Chair Sanchez: -- and come back and approve it as amended. Ms. Burns: Correct. Chair Sanchez: All right. Is there a motion to reconsider? The motion is -- Commissioner Sarnoff. So moved. Chair Sanchez: -- made by Commissioner Sarnoff, second by Commissioner Regalado. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: That motion has been reconsidered. Now we need a motion as amended by Commissioner Sarnoff -- Commissioner Sarnoff. So moved. Chair Sanchez: -- second by Commissioner Regalado. Hearing no further discussion on the item, 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 and that takes care of this issue. All right. Vice Chair Spence -Jones: Do we have anything else on this? Chair Sanchez: That takes care of that issue, so we go to PZ (Planning & Zoning) items. Applause. Chair Sanchez: All right. Okay. City of Miami Page 119 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Ms. Burns: Mr. Chair, we need 30 seconds to 1 minute. Chair Sanchez: Okay. So what we are going to do -- all right. Yeah, let's take up the discussion items. END OF RESOLUTIONS City of Miami Page 120 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 BOARDS AND COMMITTEES Chair Sanchez: What we're going to do now is -- can we all agree to defer our board appointments? Commissioner Gonzalez: I'm deferring -- Chair Sanchez: I agree to defer all -- Commissioner Gonzalez: -- all of mine. Chair Sanchez: -- of mine. Commissioner Sarnoff. I agree. Commissioner Regalado: Yes. Commissioner Sarnoff. Yes. Chair Sanchez: Okay. Vice Chair? Vice Chair Spence -Jones: I agree. Chair Sanchez: You agree? You want to -- do you want to consult with your --? Vice Chair Spence -Jones: I mean, I only had like three people, but that's fine with -- Chair Sanchez: Thank you. All right. Vice Chair Spence -Jones: Thankyou, Mr. Chairman. Chair Sanchez: Thank you so much for being so cooperative, Vice Chair. All right, so at this time, Madam Clerk, before we recess -- have anything you want to add? Pamela E. Burns (Assistant City Clerk): So -- are you continuing all board appointments for all Commissioners, correct? Chair Sanchez: Yes. Commissioner Gonzalez: Yes. Ms. Burns: On -- I do want to make note of BC.11. That is the Off -Street Parking board, and they have made a nomination, and it's just a confirmation. Chair Sanchez: They could wait just like we do. Commissioner Sarnoff. Right. Chair Sanchez: Thank you. They could wait just like we do. Ms. Burns: Okay, thank you. Chair Sanchez: All right. Thankyou. All right. At this time, the City ofMiami Commission stands in recess. We should be back at 2: 30. Enjoy your lunch. City ofMiami Page 121 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 BC.1 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 1-15-09.pdf 08-00317 members 1-15-09.pdf CONTINUED NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Tomas Regalado BC.2 08-00906 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/CATEGORY: NOMINATED BY: Chair Joe Sanchez (Architect/Architect Historian) 08-00906 memo 1-15-09.pdf 08-00906 members 1-15-09.pdf 08-00906-Ap pl i cati o ns. pdf CONTINUED BC.3 08-01157 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: Chair Joe Sanchez Chair Joe Sanchez Vice Chair Michelle Spence -Jones City of Miami Page 122 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Tomas Regalado 08-01157 memo 1-15-09.pdf 08-01157 members 1-15-09.pdf CONTINUED BC.4 08-01177 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE DISTRICT 1 HOUSING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-01177 memo 1-15-09.pdf CONTINUED NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez BC.5 08-01261 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Joe Sanchez Commissioner Angel Gonzalez City of Miami Page 123 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 08-01261 memo 12-11-08.pdf 08-01261 members 12-11-08.pdf 08-01261 memo 1-15-09.pdf 08-01261 members 1-15-09.pdf CONTINUED BC.6 08-01262 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-01262 memo 1-15-09.pdf 08-01262 members 1-15-09.pdf 08-01262-Stuart Sorg Letter.pdf CONTINUED NOMINATED BY: Commissioner Tomas Regalado Mayor Manuel A. Diaz BC.7 08-01263 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Tomas Regalado Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz City of Miami Page 124 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 08-01263 memo 1-15-09.pdf 08-01263 members 1-15-09.pdf CONTINUED BC.8 08-01264 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-01264 memo 1-15-09.pdf 08-01264 members 1-15-09.pdf CONTINUED NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff BC.9 08-01265 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-01265 memo 1-15-09.pdf 08-01265 members 1-15-09.pdf CONTINUED NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones BC.10 08-01410 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City of Miami Page 125 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Commissioner Marc David Sarnoff 08-01410 memo 1-15-09.pdf 08-01410 members 1-15-09.pdf CONTINUED BC.11 08-01411 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Stephen Nostrand Off -Street Parking Board 08-01411 memo 1-15-09.pdf 08-01411 members 1-15-09.pdf 08-01411-Off-Street Parking Resolution.pdf CONTINUED BC.12 08-01412 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: 08-01412 memo 1-15-09.pdf 08-01412 members 1-15-09.pdf CONTINUED Vice Chair Michelle Spence -Jones END OF BOARDS AND COMMITTEES City of Miami Page 126 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 DISCUSSION ITEMS DI.1 08-01296 DISCUSSION ITEM Department of REPORT REGARDING THE UPDATE AS TO THE STATUS OF THE Finance $9 MILLION FEMA REIBURSEMENT FOR DEBRIS. 08-01296 Summary Form.pdf 08-01296 Memo.pdf DISCUSSED Chair Sanchez: Yeah, let's take up the discussion items. All right, why don't we take up the -- what items are we -- do we still have to deal with? Diana Gomez (Finance Director): DL1. Pamela E. Burns (Assistant City Clerk): Mr. Chair, are we staying on the regular agenda now? Chair Sanchez: Yeah. We're -- let's go ahead and finish that regular agenda, and then we'll go to the PZs (Planning & Zonings). Ms. Burns: Okay. Vice Chair Spence -Jones: Are we going to DI (Discussion Items)? Chair Sanchez: Ah, yeah. Let's go ahead and take up DI.1. Ms. Gomez: Diana Gomez, Finance director. DI.1 is a discussion item requested by the Commission approximately 60 days ago to come back to the Commission regarding the status of the receivables from the hurricane funds receivables, FEMA (Federal Emergency Management Agency) reimbursements. The update is that we had sent out a report. The update is that we have not received any reimbursements to date, but all paperwork has been delivered to FHWA (Florida Highway Administration) for processing of the reimbursements. Chair Sanchez: All right. Ms. Gomez: So we are waiting on reimbursement still. Chair Sanchez: Okay. Has -- have you -- have -- the Commissioners all have had that report? Ms. Gomez: I'm sorry? Yes. Well, we delivered it to the Commissioners. Chair Sanchez: All right. So that's just a discussion item. Any questions any of the Commissioners may have? Commissioner Regalado. Commissioner Regalado: There are companies that, for a fee, they recoup the money. Have we explored that possibility? Ms. Gomez: This is not that kind of reimbursement. This is reimbursement for expenditures incurred during hurricanes, so they will be reimbursed -- Commissioner Regalado: I know that, but the State of Florida did the same thing. Ms. Gomez: Okay. Commissioner Regalado: They recoup 160 in expenses, not in insurance. I'm just saying that -- City of Miami Page 127 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 I'm just saying if that is workable? Ms. Gomez: I'm not aware of it. Commissioner Regalado: Okay. Pedro G. Hernandez (City Manager): Commission [sic], it may be that -- Commissioner, that at this point in time we haven't gotten to that point because I know that earlier, about ten days ago, maybe less, the Department of Solid Waste submitted the additional information required by the Federal Highway Administration, which then would go to FEMA, so we're still -- they haven't said no. We're still working through the process of submitting information to Highway Administration and then FEMA -- Commissioner Regalado: Okay. Mr. Hernandez: -- so -- Chair Sanchez: All right. Any further questions? If not, thank you so much for such a wonderful presentation. DI.2 08-01404 DISCUSSION ITEM City Manager's DISCUSSION AND ADOPTION OF THE 2009 STATE LEGISLATIVE Office AGENDA. 08-01404 Summary Form.pdf 08-01404 State Priorities SUB.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, with Chair Sanchez absent, to request a resolution in support of pari-mutuels in Miami -Dade County, especially those in the City ofMiami, requesting that the Legislature give these pari-mutuels the same conditions that they are approving for the other casinos. Chair Sanchez: All right. Let's -- DI.2, discussion and adoption of the 209 [sic] State Legislative agenda. Kirk Menendez: Good afternoon, Commissioners, Mr. Chairman, Mr. Manager, Madam City Attorney. My name is Kirk Menendez with the Office of the City Manager. Before you today is the City of Miami's 2009 state legislative priorities. The priorities were created based on input from the City's department directors, in addition to input from your own offices. The first part of the priorities consists of proposed changes to the substantive law in areas of affordable housing, green energy, criminal justice, emergency management and economic development. The second portion of the priorities, our package consists of funding requests. There are two major funding requests. One has to do with storm water projects from CIP (Capital Improvements Project) and the other is a proposed project for Office of Sustainable Initiatives for green energy policy. If you have any questions, I'll be more than happy to discuss them. Chair Sanchez: Okay. Each and every one of us had an opportunity to be briefed by you and staff members pertaining to the adoption of the 209 [sic] legislative agenda. Any questions pertaining to this? Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you, Mr. Chairman. I would really like to add to those priorities, which I think they're fair. Funding, you know, 2.3 billion deficit now, next week or in two weeks the special session, so funding -- they're going to go after Medicaid, so imagine the funding requests. But there is an issue that is important, and this issue is the pari-mutuels and City ofMiami Page 128 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 the gaming. The City ofMiami is -- and the whole state ofFlorida -- the only City that has two pari-mutuels that were approved by the voters for casino -type gaming. None of these projects will be done, none of them, because the Legislature has already decided that they will move forward with Governor Crist deal with the Seminoles and the expansion of the different tribes in Florida, so there is not a level playing field, not for the Broward nor for the Miami -Dade County pari-mutuel. So I would like to ask for a resolution in support of the pari-mutuels in Miami -Dade County, especially those in the City ofMiami, two of the three approved, asking the Legislature to give these pari-mutuel the same conditions that they are approving for the rest of the casinos. And it's very easy to understand. If the Legislature doesn't do anything, these projects will never happen, so all what -- all the talk we talk and all the plans we did and all the dreams we dreamt about using money from the pari-mutuel for social services and this and buying parks and all that is not going to happen because the economics are economics, and neither Flagler Dog Track neither or Miami Jai Alai will get off the ground ever. So I'm asking - - I will ask for a resolution supporting the pari-mutuels in the City ofMiami in their request to the Legislature to have even conditions and the other gaming casinos in the state ofFlorida. That's my motion, Madam Chair. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. Commissioner Regalado: So that's including the -- Mr. Menendez: I will work on preparing the resolution and submitting it to our lobbyists to present to the Florida Legislature. Commissioner Regalado: Thank you. END OF DISCUSSION ITEMS City ofMiami Page 129 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 08-01471 DISCUSSION ITEM DISCUSSION REGARDING THE POSSIBLE CREATION OF A TEMPORARY PARK ON A WATERFRONT VACANT LOT AT 1201 BRICKELL BAY DRIVE. THE PROPOSED SITE EXCEEDS 100,000 SQ. FT AND IT OFFERS UNPARALLELED WATERFRONT VIEWS. A VOLUNTARY AGREEMENT WITH THE PROPERTY OWNERS, TIBOR HOLLO, THE HOLLO FAMILY AND OTHER PARTNERS IS REQUIRED. COMMISSIONER SARNOFF HAS ENDEAVORED TO CREATE A PLETHORA OF PARK LIKE SITES FROM VACANT LOTS. VOLUNTARY AGREEMENT AND HELP FROM PROPERTY OWNERS IS ESSENTIAL. A MORE BEAUTIFUL AND GREEN CITY OF MIAMI CAN RESULT. 08-01471 Email.pdf MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to direct the City Attorney to draft a resolution directing the Administration to meet with the developer of Villa Magna to create a park for three years on the site of said project. Vice Chair Spence -Jones: All right, we're going to move on to the Commission items. I think there's only two. I'm going to start with District 2. Commissioner Sarnoff. I think they wanted -- well, I'll do it. This is probably a very happy moment I know for myself and for the City Manager. What we're doing is asking a motion before this Commission to allow the City Manager to enter into a agreement with Tibor Hollo, the Hollo family, and his other partners to create a park on -- by Villa Magna. Most of you know that as the park just south and on the water right next to Brickell. It is about a two -and -a -half acre park. Mr. Hollo has agreed, in principle, to allow the City ofMiami to have a three-year use for this park and to continue on forward so long as the conditions are not present to build and he's satisfied with the City ofMiami. We'll be using some District 2 money to improve the park. He will equally be putting his own back before it in providing the walkways, the benches; we'll be providing the foliage and the kids section to the park. This is part of District 2's initiative of vacant land, where we're trying to create public private partnerships with landowners to entice City ofMiami Page 130 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 them and to get them to use their land so that we, in the City ofMiami, can occupy it as a park for as long as they're not going to be building on these -- on this land. Mr. Hollo has demonstrated really through good social contract with the City ofMiami and the City ofMiami residents that he's not asking really for anything from this City, other than sort of a standstill agreement so that when it is time and he is ready to build that, you know, he will be able to build. It will cost the City ofMiami, I think, $2 a year for this park. This land is probably worth upwards of between 25 and $40 million. Chair Sanchez: What is a standstill agreement? What's the compensation for --? Pedro G. Hernandez (City Manager): Well -- Chair Sanchez: What is he asking for? Mr. Hernandez: -- Mr. Hollo -- the project is Villa Magna -- Chair Sanchez: Right. Mr. Hernandez: -- and they do have a valid MUSP (Major Use Special Permit) on it. Chair Sanchez: Okay. So he wants -- Mr. Hernandez: What this means is that the life of the MUSP will be tolled. Chair Sanchez: Which is six years, so -- Mr. Hernandez: Right. So if he allows us to use the park for three years, then he gets an additional three years to the life of the MUSP. Chair Sanchez: Okay. Commissioner Sarnoff. In law they commonly refer to it as a standstill agreement or tolling agreement. Vice Chair Spence -Jones: I just have a question, Mr. Chairman. Chair Sanchez: Sure. You're recognized Vice Chair. Vice Chair Spence -Jones: I mean, I think the idea is a great idea, especially when we have so many properties not moving now and as many parks and green spaces that we can create in the area, I think it's moving definitely in the right direction. My -- I just have two questions. One, who's going to maintain --? Is it -- will the City now have to maintain it? Commissioner Sarnoff. Yes. Vice Chair Spence -Jones: So it will be under the Parks Department to -- Commissioner Sarnoff. Yes. Vice Chair Spence -Jones: -- staff -- not staff it, but make -- Commissioner Sarnoff. Yes. Vice Chair Spence -Jones: -- sure that it's cut and all of that? City ofMiami Page 131 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff.. Yes. Vice Chair Spence -Jones: And then the second part of this, the only concern I would have in all of this -- in my particular district especially. There's a lot of -- there were a lot of speculators that bought land that now have MUSPs and they know that they're running out, and now I'm going to have a sudden rush of developers coming to me saying, Commissioner, I can turn this into a green space if you allow for this MUSP to be -- you know, and that would be my only concern because what might be good here now may not be good six years from now. So I'm assuming what we're speaking of in this particular case, we'll operate from a case -by -case basis? Commissioner Sarnoff.. It's a resolution. That's why it's not an ordinance. Vice Chair Spence -Jones: Yeah. Okay. Commissioner Sarnoff.. Yeah. Vice Chair Spence -Jones: So I'm cool with that, if it's going to be that. Chair Sanchez: All right. Any other further discussion on it? I think it is a wonderful idea, Commissioner. I'm praising you. And Tibor Hollo is a first-class act, andl am publicly looking for anybody who's got vacant land in my district who wants to work something out in the same manner. Please contact my office, 305-250-5383, okay, because I think that's a great idea. All right, so there was a motion and a second for a resolution. They'll be coming back with -- Maria J. Chiaro (Deputy City Attorney): With -- Chair Sanchez: -- all the is crossed and all the is dotted. Ms. Chiaro: Right, including perhaps the legislation that would need to be adjusted in order for the time to be tolled on the MUSP. Chair Sanchez: And the only issue I think that we need to be very prudent on is the liability. Commissioner Sarnoff. Is the which? Chair Sanchez: Liability. Ms. Chiaro: And there are tax implications that we are looking at also. Chair Sanchez: Okay. All right. No further discussion. 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." Folks, this is just a resolution to have the Administration sit down with the developer, work something out, come to an agreement, bring it back to this legislative body. Pamela E. Burns (Assistant City Clerk): Mr. Chair. Chair Sanchez: Yes. Ms. Burns: For purposes of the record, couldl hear who made the motion and the second? City of Miami Page 132 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Chair Sanchez: The motion is being made by Commissioner Sarnoff, second by Commissioner -- Commissioner Gonzalez: I second it. Chair Sanchez: -- Gonzalez. I think we'll all fight over the second. All right. Okay. Does that take care of all the -- Vice Chair Spence -Jones: Just mine. Chair Sanchez: -- discussion items? Vice Chair Spence -Jones: Mine. END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES D5.1 08-01405 DISCUSSION ITEM DISCUSSION REGARDING CITIZENS' COMPLAINTS CONCERNING THE LACK OF ADEQUATE POLICE PROTECTION IN OVERTOWN. 08-01405 Email.pdf DISCUSSED Chair Sanchez: All right, let's go down to District 5. Vice Chair Spence -Jones: Okay. This -- Chair Sanchez: District 5. Vice Chair Spence -Jones: Yes, Mr. Chairman. The first one we've already addressed with -- regarding the issue of police in Overtown, so I want to thank the Administration on that. D5.2 08-01406 DISCUSSION ITEM DISCUSSION REGARDING AN UPDATE ON THE PROGRESS OF THE LITTLE HAITI CULTURAL ARTS COMPLEX. 08-01406 Email.pdf DISCUSSED City of Miami Page 133 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Vice Chair Spence -Jones: The second one would be the Cultural Arts complex. I just wanted to get an update. I want to just be very clear. As you know, we did the grand opening for the Little Haiti Soccer Complex last year in May, and at this point it's kind of been on hold to open the cultural complex; and a lot of the concerns around that was to really make sure that we are prepared and we have the right team in there running a cultural complex. It's very different from running a Parks project. So I just wanted to get an update because I know the community has been asking what is going on with the cultural complex and why hasn't it opened. So, Bill, if you can just give us a quick update, I'd greatly appreciate it. Bill Anido: Bill Anido, assistant City Manager. Commissioner, on January 9 we will be interviewing the seven eligible candidates for that position. That's the earliest date that was available for the entire panel to be assembled. So shortly thereafter, we will be negotiating the terms with the highest -ranked candidate. The committee's in place, everything is in place for a January 9 interviews. Vice Chair Spence -Jones: Okay, so just so that I'm clear, we shall be -- hopefully by January we will have a director in the facility ready to operate? Mr. Anido: We will definitely try to have someone in -- under contract by the end of January at the latest, yes. Vice Chair Spence -Jones: No problem. Mr. Anido: Yes. Pedro G. Hernandez (City Manager): At least the program director will be already selected at that point. Vice Chair Spence -Jones: All right. Thank you. Mr. Hernandez: And, Commissioner, I know you have an interest in having somebody like Michael Spring participate in the selection process. He is one of our panel members to do interviews. Vice Chair Spence -Jones: No problem. Thank you very much. Chair Sanchez: All right, that concludes all the items. We'll take pocket items after the PZ (Planning & Zoning) items. So this concludes the general Commission meeting. Vice Chair Spence -Jones: Commission meeting, yeah. Chair Sanchez: All right, so that -- Madam Clerk, just want to make sure that you look through all the documents to make sure we took up all the items that were properly advertised for today. Pamela E. Burns (Assistant City Clerk): That's correct. Chair Sanchez: So at this time, the City ofMiami Commission regular Commission meeting stands adjourned. END OF DISTRICT 5 City ofMiami Page 134 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 NON -AGENDA ITEMS NA.1 08-01485 DISCUSSION ITEM DISCUSSION PAYING TRIBUTE TO THE VICTIMS OF THE TERRORIST ATTACKS THAT OCCURRED AT A CHABAD HOUSE IN MUMBAI, INDIA ON THANKSGIVING DAY. DISCUSSED Chair Sanchez: Before we continue with the order of the day, there's a point of privilege request. At this time, I would recognize Commissioner Sarnoff, who has invited Rabbi Fellig to be here. It is certainly an honor and a pleasure to have you here, Rabbi. Andl also want to state on behalf of the Chair of this Commission that our hearts goes [sic] out to the victims and their families of this horrible tragedy. So at this time, as a point of privilege, Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff. Thank you, Mr. Chair. Andl want to thank you for allowing me, on such short notice, to allow Rabbi Felling and Rabbi (UNINTELLIGIBLE) to come and address the Commission and to provide a very short video. As you all know, on Thanksgiving Day, Mumbai suffered some horrible terrorist attacks, and one particular attack against a chabad. Andl know many in the audience may not know what a chabad is. The best way to describe it would be an outpost where people of all faith are welcome and are welcome to a shower, are welcome to a sense of Jewish culture, if you will, and they do not accept any kind of remuneration for it. So there are chabads all out -- throughout the world. In this particular chabad, Rabbi Holtzberg and Rivka, his wife, were the folks who actually created this chabad And it's a very interesting story, if any of you ever want to learn how chabads start. The video is certainly a tribute to Rabbi Holtzberg and his wife, Rivka, but think the message that needs to be said -- and regardless of your faith, whether you're Jewish, Christian or even Muslim -- and that is what is terrorism is intended to do, and terrorism is intended to change your way of life. It's intended to change your heart. It's intended to change your outlook and create hatred. Now, regardless of your faith, if you allow terrorism to succeed, then the terrorists have then been successful. And instead -- I think the Torah says this -- of turning towards brutality, you must do a hundred thousand acts of kindness for anybody who does the horrible things that happened in the Mumbai terrorist attacks. Andl think that's what the chabad stands for, which are outposts of light, outposts of hope and outposts of justice. And if you could just take a few moments just to review this video and then to give Rabbi Fellig, who is the leader of the South Dade chabads here in Florida, a few words. I think he can put in perspective what our true reaction should be to terrorism because oftentimes we want to lash out and we want to have answers. Andl went to a memorial service that was conducted by the chabad here in Coconut Grove, and the thing found most profound was that they didn't have answers, but they certainly asked the right questions. And Rabbi Fellig said something very profound. Instead of having some legislator somewhere create a law or a rule for you, consider how this may affect you so that no rule of law needs to be created. Andl will let him embellish that thought because oftentimes the first reaction, especially from our country because it is such a mighty nation, is to create a new law to have a reaction. Let me just close and allow the video to proceed. And just keep this in your thoughts and your prayers and in your minds. For every act against any one of us, a hundred thousand acts of kindness will deter the people from the next act of brutality. If you could play the video. At this time, an audiovisual presentation was made. Commissioner Sarnoff. And ifI could now have Rabbi Fellig, joined by Rabbi (UNINTELLIGIBLE), to come up and just address us for a brief moment. Yakov Fellig: Mr. Mayor, Chairman, Commissioners, and City Manager, I want to thank you for City of Miami Page 135 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 this opportunity to address you. As you just watched, a few weeks ago we saw the unmitigated evil and carnage that ten young people could wreck. For almost three days, a great and powerful city was under virtual siege and brave and mighty army police force were held at bay. While the world watched in horror, they unleashed death, destruction, destroying lives, maiming humans and transforming day and light into darkness and cold. They were able to do this because the hate and evil that warped their minds and hearts was so deep and so unlimited that nothing would stop them. With a passion and willingness to sacrifice themselves, they turned the world on its head and scarred us forever. We cannot fight terror with guns; terrorists, yes, but not terror. Terror, we fight with kindness; darkness, we fight with light; evil, we fight with good. Rabbi and Mrs. Holtzberg moved away from their native country and dedicated their lives to kindness and goodness. They opened their homes to every person, regardless of their background, and added a beacon of light to the world of darkness. We all believe that good is greater and more powerful than evil. The symbol of our battle is not the gun or a grenade. It is the flame of the candle. When we light a candle in our homes, in our neighborhoods, our cities, our states and countries, when the world will be lit with millions and millions of candles of kindness and goodness, we will defeat not only terrorists, but also terror. All of the programs that this Commission and the City does on behalf of the citizens keeps adding light and kindness to this world. And today, ladies and gentlemen, you have added one more candle. Thank you. Commissioner Sarnoff: Thank you, Rabbi. Chair Sanchez: Thank you, Rabbi. All right. That was a very touching video. NA.2 08-01486 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION , PURSUANT TO SECTION 170.07, FLORIDA STATUTES, FIXING THURSDAY, FEBRUARY 12, 2009 AT 2:30 P.M. AT CITY HALL, LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133 AS THE TIME AND PLACE AT WHICH THE OWNERS OF THE PROPERTY TO BE ASSESSED PURSUANT TO THE PRELIMINARY ASSESSMENT ROLL ATTACHED TO RESOLUTION NO. 08-0455, ADOPTED JULY 24, 2008, AND ON FILE WITH THE CITY OF MIAMI CLERK'S OFFICE, OR ANY OTHER PERSONS INTERESTED THEREIN MAY APPEAR BEFORE THE MIAMI CITY COMMISSION AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING THE IMPROVEMENTS, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFORE, AND AS TO THE AMOUNT THEREOF TO BE ASSESSED AGAINST EACH PROPERTY SO IMPROVED, AS SET FORTH IN RESOLUTION NO. 08-0455. Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0710 Commissioner Sarnoff. Mr. Chair. Chair Sanchez: Yes, sir. Commissioner Sarnoff. I'd like to propound a resolution that would be attendant to this, which is a resolution of the City ofMiami Commission, pursuant to Section 170.07Florida Statutes, fixing Thursday, February 12, at the date to be advertised at City Hall, 3500 Pan American Drive, Miami, FL 33133, as the time and place at which the owners of the property to be assessed pursuant to the preliminary assessment roll attached to Resolution 08-0455, adopted by City ofMiami Page 136 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 the Miami City Commission on July 24, 2008 and on file with the City ofMiami Clerk's Office, whereas any other persons interested therein may appear before the City ofMiami Commission and to be heard as to the property -- propriety and advisability of making the improvements as to the cost thereof and as to the manner and payment thereof -- therefore -- and to the amount thereof to be assessed against each property so improved as set forth in Resolution 08-0455. Chair Sanchez: All right. Could you elaborate a little bit on what this is about? Commissioner Sarnoff.. This is where the folks come in and they get to have their assessments brought to this Commission, which acts as the assessment board, to make a change to say they -- the square footage is not correct; they shouldn't be assessed as a parking lot. They should be assessed as a retail establishment, or just the opposite. A parking lot -- or a retail establishment says that something is not quite right with the amount of square footage that's assessed. So we act as a governing body for that, and they will appear in front of us, present a case, and we'll act in a quasi judicial manner and make a determination. Chair Sanchez: All right. Does anybody want to address this? 'Cause, I mean -- Vice Chair Spence -Jones: Yeah. Madam City Attorney, please, can you further elaborate on --? Julie O. Bru (City Attorney): Yes. What Commissioner Sarnoff wants to do is just to comply with the procedural requirements of this special assessment district. And according to the Florida law that allows for the creation of special assessment districts, there is a notice requirement that has to take place. We have to, in a public hearing, set the time for having this hearing where the property owners who are going to be assessed in the special districts can come in and attempt to have their assessment adjusted. So what he's doing now is he's setting in motion -- by this resolution, he's setting in motion all the things that have to occur from now until the date of this hearing, which means that we have to send out notice to the property owners by mail, we have to publish this notice twice in the newspaper. So this is just a procedural requirement so that we can culminate the process of this creation of the special district. Chair Sanchez: All right. Is there a motion? Vice Chair Spence -Jones: Mr. Chairman, just -- because this is something that's being brought up right now, just off the floor, I would really like to have a little bit more time to digest it. I don't feel comfortable with making the decision on it. It's like just being brought out to us right now, so I would ask, Mr. Chairman. Commissioner Sarnoff.. I'm going to go forward with the motion. Chair Sanchez: All right. Well, this is just procedurally what we need to do. I mean, I -- Ms. Bru: This is procedural. Chair Sanchez: First -- may I interrupt you for a minute? Ms. Bru: It's required. Chair Sanchez: I understand, but I think that the Commissioners should have been briefed on this -- Vice Chair Spence -Jones: Yeah. My -- this is -- Chair Sanchez: -- the procedure. City ofMiami Page 137 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Ms. Bru: It -- Chair Sanchez: We vote on the issue -- Ms. Bru: Yeah. Chair Sanchez: -- right now. Vice Chair Spence -Jones: I don't even know what it's -- Chair Sanchez: I mean, I want to know if there's an urgency to do it, and you know -- because of a time, we'll do it, butt mean -- Commissioner Sarnoff. Right. There is an urgency in that based upon a number of days of noticed time predicated upon the -- when tax bills go out, if this BID is to have any viability this year, we need to get our ducks in a row and move as quickly as possible. You're merely notifying -- you're just creating a time and a place for the Clerk to place an advertisement so that everyone knows on February 12 of that date, that those folks can come in and make their stated case to this Commission as to why or why not their assessment is correct or incorrect. This is -- when you look deeply at this, it's nothing more than you voting on a time and place, that's all. Chair Sanchez: All right. Julie -- Madam Attorney, I just have a question for you. Why didn't you brief us on it -- or me on it? Ms. Bru: Yeah. This is something that the Commissioner decided to do after our briefings. Really, this tantamounts [sic] to a pocket item on his part at this point. Chair Sanchez: All right, why don't we do something. Let's table it to the afternoon, giving you opportunities to sit down and brief these Commissioners on this pocket item, which is something that got everybody here by surprise. So let's go ahead and table it to the afternoon, giving you an opportunity -- I will make myself available at lunch to meet -- Vice Chair Spence -Jones: So will I. Chair Sanchez: -- with you, and then we'll bring it back up in the afternoon and we'll vote on it. [Later...] Commissioner Sarnoff. Mr. Chair? Chair Sanchez: Yes, sir. Commissioner Sarnoff. Do you remember the item I brought up earlier? Chair Sanchez: Yes. Commissioner Sarnoff. Can I bring that up as a pocket item? Chair Sanchez: All right, point of privilege, yes. I had been briefed. I don't know if the Vice Chair has been briefed. Commissioner Sarnoff. She's not here. Chair Sanchez: She has been briefed? Okay, so -- all right. City of Miami Page 138 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. And what it is is a resolution by the City Commission that on Thursday, February 12, 2009, at a time set by the City Manager and/or Clerk, located at 3500 Pan American Drive, Miami, Florida, is hereby fixed as the time and place at which the owners of the property to be assessed pursuant to the preliminary assessment roll attached to Resolution 08-0455, adopted July 24, 2008, and on file with the City ofMiami Clerk's Office, or any other persons interested may therein appear before the City ofMiami Commission and be heard as to the propriety and advisability of making improvements as to the cost thereof and as the manner of payment therefore, as to the amount thereof to be assessed against each property so improved, as set forth in Resolution 08-455 [sic]. I ask this to be approved by this Board for the date and time set for the assessment. Chair Sanchez: All right. Need a second. It's a procedural matter. Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulations. City ofMiami Page 139 Printed on 1/5/2009