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HomeMy WebLinkAboutCC 2020-04-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 9, 2020 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Keon Hardemon, Chair, District Five Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes April 9, 2020 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo and Commissioner Reyes. On the 9th day of April 2020, the City Commission of the City of Miami, Florida, conducted and broadcasted a virtual meeting from its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 9:39 a.m., and adjourned at 1:27 p.m. Note for the Record: Commissioner Carollo joined the virtual meeting at 9:42 a.m., and Commissioner Reyes joined the virtual meeting at 10:23 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk ORDER OF THE DAY Chair Hardemon: Welcome to the Miami City Commission meeting designated April 9, 2020. Pursuant to Executive Order Number 2069, issued by the Office of Governor Ron DeSantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically at any specific location, and utilizing communications media technology, such as telephonic or video conferencing, as provided by Section 120. 545(b)(2) Florida Statutes. Procedures for the public comment will be explained by the City Attorney shortly. The members of the City Commission appearing remotely for this meeting will be Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes; Ken Russell, the Vice Chair; and me, Keon Hardemon, the Chairman. Madam City Attorney, will you please state the procedures to be followed during this meeting. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Any person who is a lobbyist, pursuant to Chapter 2, Article 6 of the City Code, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online at municode.com. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of the City Code section is available at the Office of the City Clerk or online at municode.com. In accordance with Section 2-33, Subsection "F" and Subsection "G" of the City Code, the agenda and the material for each item on the agenda for this virtual meeting was published and made available to the Mayor, members of the City Commission, and to the public, at least five business days in advance of the meeting. The material for each item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at miamigov.com. Any person may be heard by the City Commission through the Chair and upon registering pursuant to the published notice for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Since this is a virtual meeting as authorized by the Governor of the State of Florida, members of the public wishing to address the body may do so by visiting miamigov.com/virtualmeeting to upload their video comments or to submit their written comments via the online comment forum. Members of the public may also call 305-250-5353 to provide comments via the dedicated City of Miami public comment voice mail. All comments submitted will be included as part of the public record for this virtual meeting, and will be considered by the City Commission prior to City of Miami Page 1 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 any action taken. The City will accommodate any speakers desiring to appear in person subject to all applicable emergency measures in place to prevent the further spread of COVID- 19. Speakers who appear in person will be subject to screening for symptoms of COVID-19. Any person exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall. All interested parties are required to abide by all State, county and local emergency orders and urged to remain home, and practice social distancing. For propositions being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. When the City Commission takes action or votes on any proposition before it, it shall do so by a roll call vote recorded by the Clerk, included in the record. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications, or viewed online at miamigov.com. Please silence all cell phones and other noise -making devices. Any person with a disability requiring assistance, auxiliary aids and services of this meeting may notes the City Clerk. Please note Commissioners have generally been briefed by City staff and the City Attorney on the items on the agenda today. The City of Miami is using Zoom to hold its April 9, 2020 virtual regular City Commission meeting. Zoom is a cloud platform with video and audio conferencing, collaboration, chat and webinars across mobile devices, desktops, telephones and room systems. In order to ensure the public has the ability to view the meeting, the City Communications Department will broadcast the meeting on all the usual channels and avenues that are provided when a City Commission meeting is held fully in Commission chambers in City Hall. The meeting can be viewed online at miamigov.com through the City's Facebook page at facebook.com/cityofmiamigov on the City's Periscope channel, twitter.com/cityofmiami, or on Channel 77, Comcast. The broadcast will also have closed captioning. Additionally, the City has not selected a virtual platform that requires the public to purchase or download any additional software equipment to watch this meeting. Aside from the Zoom platform -- I'm sorry -- and participants appearing remotely, the public will have no discernible difference in their ability to watch the meeting. The City has developed several new methods of ensuring public comment for a virtual meeting as established in the following three options: The first new option allows the public to provide public comments via the dedicated City of Miami public comment voice mail by calling 305- 250-5353, where the individual will be able to leave a two -minute message that will be played during the virtual Commission meeting. The second option allows for the public to submit a two -minute video to be played during the virtual Commission meeting. The third option allows the public to make comments via the City's online comment forum. The comments submitted through the comment forum have been distributed to the elected officials and City Administration throughout the day so the elected officials can consider the comments prior to taking any action. Additionally, the online comment forum will remain open during the meeting to accept comments and distribute to the elected officials up until the Chairman closes the public comment period. For all of the aforementioned options, all the comments received will be included in the public record of the meeting. For these three options, the City has also created a simple set of instructions explaining how the public may submit their comments with either option. These instructions provide notice to the public and published online at miamigov.com/virtualmeeting. Additionally, like any other City Commission meeting, the public may provide public comment at City Hall. The City has set up a terminal at the -- in the event members of the public travel to City Hall to provide public comment. Due to COVID-19, all speakers desiring to appear in person will be subject to applicable emergency measures in place to prevent the further spread of COVID-19. Speakers who appear in person will be subject to screening for symptoms of COVID-19. Any person exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall and will be able to participate through the remote options described above. These four public comment options were established and provided for, for the virtual regular City Commission meeting and comply with Section 286.0114 and Section 120.54 Florida Statutes. The City has published an agenda, as well as included notice to the public pursuant to our City Code on the items and topics that will be discussed in the virtual regular City Commission meeting. Additionally, the public is given the opportunity to provide public comment during the meeting through the terminal at City Hall City of Miami Page 2 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 and online public comment forum, and with reasonable proximity and time before the meeting and during the meeting via the public comment voice mail, online public comment forum and public comment video upload. Section 286.0114, Section 4, Subsection "C" of Florida Statutes specifically authorize the City's prescribed procedures and forms for individuals to use in order to inform the board or Commission of a desire to be heard; to indicate his or her support, opposition or neutrality on a proposition. The City through its public comment options has provided different procedures and forms to indicate among other things, his or her support, opposition or neutrality on the items and topics to be discussed at the virtual Commission meeting. The City provided the information on how to submit its comments in the notice to the public on a dedicated web page and via social media channels. Commissioners, are you comfortable with the notice provisions set forth and the uniform procedures we have established for this meeting? The Commission (Collectively): Yes. Mr. Min: Thank you. Later... Chair Hardemon: Mr. Manager, you're recognized as far as any motions for -- or any requests for continuances or withdrawals, deferrals, or anything of that nature. Art Noriega (City Manager): So for the order of the day -- good morning, Mr. Chairman, Mr. Vice Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: To be deferred to the April 23 meeting, RE.6. It's the pilot program for electric cargo bikes; to be deferred to the June 11 meeting, RE.8, which is the revocable license agreement for Event Entertainment Group, Ultra; to be indefinitely deferred, RE.9, which is to approve the motorized scooter pilot program extension; to be indefinitely deferred, FR.1, which is amending the Code, Chapter 8, the permanent motorized scooter program; to be deferred to April 23, FR.2, which is to amend the Code, Chapter 23, reference historic preservation; to be indefinitely deferred, DI.1, which is the annual report for boards and committees; to be indefinitely deferred, DI.2, which is the discussion unreimbursed grant expenditures; and to be indefinitely deferred, DI.3, which is the discussion regarding the Transit Alliance Better Bus Project. The following PZ (Planning and Zoning) items: To be deferred to June 28, PZ 1, which is land use, 3040 Carter Street, 3065, 3069, 3091, and 3095 Plaza Street; to be deferred to June 28, PZ.2, which is the rezoning of 3040 Carter Street, 3065, 3069, 3091, and 3095 Plaza Street; to be deferred to October 8, PZ.3, which is the mural decision appeal, relocation at 78 Northwest 37th Street; to be deferred to October 8, PZ.4, which is the mural decision appeal, qualified applicant status; to be deferred to October 8, PZ 5, which is the mural decision appeal relocation at 70 Northwest 37th Street; to be deferred to April 23, PZ 6, which is the zoning text, marinas in CS, Civic Space; and to be deferred to April 23, PZ.7, which is the zoning text, public storage facilities, district zones only. And that concludes the order of the day. Commissioner Reyes: How about --? Chair Hardemon: Are there any Commissioners that want to be acknowledged for any deferrals, withdrawals, or continuances? Commissioner Reyes: How About BC.1 through 4? Chair Hardemon: Yes; PZ [sic].1, 2, 3, 4, 5, 6, and 7 were all slated for continuance. Mr. Noriega: Mr. Chairman? Chair Hardemon: Yes. City of Miami Page 3 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Mr. Noriega: Is that my Commissioner Diaz de la Portilla is having some -- Commissioner Reyes: Yeah, board -- I said, "BC" (Boards and Committees). Mr. Noriega: (UNINTELLIGIBLE) back on. Commissioner Reyes: They're going to be deferred, 1, 2, 3, and 4; the Boards and Committees. Mr. Noriega: Yeah, those are going to be deferred, as well. Yeah, Boards and Committees, as well. Commissioner Reyes: Okay. That's right. Todd B. Hannon (City Clerk): Chair, there is one appointment to be made to BC.4. Chair Hardemon: And you said a continuance? Mr. Hannon: No. There is one appointment to be made to Item BC.4, Planning, Zoning and Appeals Board. Chair Hardemon: Oh. So you're saying -- Commissioner Reyes was saying, "BC.1, 2, 3, and 4"? Commissioner Reyes: Yeah, that's right. Chair Hardemon: As in -- Commissioner Reyes: Boards and Committees. Chair Hardemon: Oh, okay. Well, no, that wasn't on here, on that. Commissioner Reyes: "B," as in "boy." Chair Hardemon: Okay. Mr. Hannon: It's no problem for them to show no action taken, but during -- at some point in time in the meeting, BC.4, there is an appointment to be made. Commissioner Reyes: Okay, okay. Chair Hardemon: Are there any other items that -- Commissioner Reyes: Yeah, that's fine with me. We can do it. I mean, that's fine. Chair Hardemon: Seeing that there -- is there a motion in accordance with what's been stated on the record? Commissioner Reyes: Move it. Chair Hardemon: Seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. Mr. Hannon: And Chair, for the record, I have the vote as 4-0, absent Commissioner Diaz de la Portilla. City of Miami Page 4 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: Mr. Mayor, do you want to be recognized? Mayor Francis Suarez: Thank you, Mr. Chair. I just briefly want to thank all the Commissioners again for all their support, for the unity that we've shown as a city. Everyone are going in the same direction, focusing on the things that are most important, which is supporting our Manager in the decisions that he's had to make to keep our residents safe, number one; number two, focusing on unemployment, and making sure that those who are without jobs right now can find a way to get through the system and get their unemployment checks; number three, helping those who are having a hard time getting fed and, you know, feeding them either through the farm share programs that we're doing, or through the feeding programs that we approved at the special Commission meeting. So I just want to thank the Commission for their hard work. It's gone noticed by the public and thank you again for all the support that you've given me and all the calls and well wishes. Thank you. PUBLIC COMMENT FOR ALL ITEM(S) 7385 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE APRIL 9, 2020 VIRTUAL CITY COMMISSION MEETING Chair Hardemon: At this time, what I'd like to do is open up public comment. So we have our morning agenda items. We shall open up our public comment to allow for individuals who are scheduled for public comment, who are providing for public comment, who have sent in public comment to be heard. So I guess IT (Innovation and Technology Department) will take care of that for us. Unidentified Speaker: Stand by; video playing. Rachel Furst: Hi. My name is Rachel Furst, and I'm the president of the Morningside Civic Association. I live at 570 Northeast 57th Street, in Miami, Florida. And I am today providing public comment on Agenda Items 1 and 3, which are Resolutions 7293 and 7307, which would permit the City Manager to apply for funding for improvements to and repair of Morningside Park. The Morningside Civic Association has -- board has voted in favor of supporting these resolutions. These monies are badly needed to improve aspects of the park. It would be a shame for the City to pass up on monies that might be available to complete renovations and improvements. And specifically, the boat ramp and kayak launch, and baywalk are in need of repair. The shoreline needs shoring up essentially in order to guard against the sea level rise that we all know is coming. So the Morningside Civic Association wholeheartedly endorses these resolutions and asks this Commission to vote in favor of both resolutions which would allow the City Manager simply to seek permission to apply for these funds. Thank you for your time and consideration, and for your support of this important City green space. Thank you. Rebecca Martinez: Hello, Mayors and Commissioners. My name is Rebecca Martinez. I am a resident of 50 Biscayne and of downtown Miami since 2007. I'm also the owner of Ideal Personnel Services that is established here in downtown, and we have over a hundred staff within our company. We've been in business for over 10 years. I not only live here; my daughter lives here, my family lives here, so that includes my parents, my grandparents, my siblings and their family, my business partner and his family. So we're all here in 50 Biscayne, part of the downtown community. I want to start by thanking you for having cancelled Ultra in 2020, and made a decision that definitely has saved many lives. But I do want to ask you to continue to cancel it from returning for the following years of 2021 and 2022. First reason is City of Miami Page 5 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 to maintain that the virus doesn't continue to spread. This is not a solution that's going to resolve itself within this year. Until we have a vaccination in place, it could be reoccurring for the next few years. Number two, of course, as you're heard on many other discussions, it is a high noise level, and a danger not just to our hearing, our health and our property. We ask that you give us freedom from this excessive noise. Number three, one that drives me nuts, the trucks and the construction are constantly going, day and night. It doesn't allow us to sleep. During the day, it ruins the peace of being in our building. The sleeping part is huge. I hear it all night, and I am a light sleeper, so this is -- the constant beeping and construction. And then, of course, most importantly, as well as we cannot enjoy our park. Joset Rivera: Hello. My name is Joset Rivera. I live in Morningside. My address is 661 Northeast 52nd Terrace. I am calling because while I live here with my husband and two children, soon to be three, I use a lot and love the Morningside Park all the time, and I am asking for you to vote and approve the RE. 1 and RE.3 to allow the City Manager to apply for funds to improve Morningside Park. Really, the money is much needed. I hope that this goes through and we can have an updated -- you know -- park as soon as possible. All my best, and thank you so much. Fran Fenton: Resolution RE.8, 7319. I'm Fran Fenton. I live at One Miami, downtown. Commissioners, I'm not sure what any of us who oppose the use of Bayfront Park as a venue for the Ultra Music Festival can say that hasn't already been said, except that possibly, there are serious health concerns about jamming 55,000 individuals into a relatively small public park for three days. No one knows whether the COVID-19 will resurface, but we now know that it's highly contagious and easily spread by human -to -human contact. By now, we who oppose the use of Bayfront Park for events requiring the closure of the park for weeks and months at a time for set-up, tear -down, and re -sodding, have stated and restated that we are deprived of the use of what many of us consider our backyard. In addition to being subjected to dangerous levels of loud noise, disruption of vehicular traffic and pedestrian traffic for three days, we cannot enjoy what should be a world -class park and baywalk for at least six weeks. The hotels and Ultra itself are the winners. While the residents are told that multiple tweets sent from the park during the performance to cities around the world remind everyone that Miami is a world -class city, downtowners don't need confirmation. We would prefer to spend our time walking in the park, sometimes with a dog, enjoying the baywalk and the beautiful views of the water. (UNINTELLIGIBLE) tourist to do the same. Thank you for acting like a world -class city and making the proactive call to cancel the 2020 Ultra Music Festival. I ask you to cancel all future Ultra Music Festivals in Bayfront Park. Thank you. Eli Stiers: Hi. This is Eli Stiers. My address is 509 Northeast 57th Street, Miami, Florida 33137. I am a resident of the Morningside neighborhood and have lived in this neighborhood since 2013. I'm leaving a public comment for Items 7293 and 7307, resolutions to authorize the City Manager to apply for funds -- I'm sorry, the resolution items are 1 and 3, Resolutions 7307 and 7293. And I would like to give my support for the City Manager to apply for funds from the Florida Inland Navigation District (FIND) grant monies, as well as The Nature Conservancy grant monies to improve Morningside Park. Morningside Park is beloved by all who live in this neighborhood and in the Upper Eastside, but unfortunately, it does need some attention. It does need some repairs, specifically to the boat ramp, the kayak launch, and the baywalk area. The seawall is in disrepair in some areas, and it would be wonderful for the City to apply for these funds, hopefully receive these funds, and spend these funds to improve Morningside Park, which is a jewel of the Upper Eastside, a jewel of the City of Miami, and greatly needs these monies and funds. I appreciate the City Manager's efforts in looking for alternative sources to fund these improvements aside from simply using City of Miami residents' tax dollars, and I'm very hopeful that the grant application is successful, and that these monies are awarded to the City of Miami for use in Morningside Park. Thank you so much for your attention in this regard. And my number is 305 (INAUDIBLE). Pedro Martinez: (INAUDIBLE) Reverend Pedro Martinez. I have been living in downtown Miami for 13 years. Concerning Resolution RE.8, I want to ask you Commissioners to cancel City of Miami Page 6 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Ultra returning to Bayfront Park in the year 2021 and 2022. I thank you, Mayors and Commissioners, for cancelling Ultra in 2020. Your decision saved lives, mitigated the spread of the coronavirus, and helped to place the community in a better situation to restore our lives and economy. As our (INAUDIBLE) leaders, we need you at this time to be focused on mitigating the coronavirus and restoring our lives. Time must not be spent on a music festival that should never be allowed to be held in the heart of downtown at Bayfront Park for the following reasons: Number one, the coronavirus is expected to be with us for months. We don't need a virus outbreak in our community caused by a music festival. You need to place our health as your number one priority. Number two, the noise level from the music is a danger to our hearing and health. The Miami Citizens' Bill of Rights, Section 8-6 and 8-7 promise residents' freedom from excessive noise. Number three, the beeping noise from trucks and construction during nighttime and daytime does not allow us to sleep. Number four, the prostituting of Bayfront Park with events like Ultra endangers the environment and health of the park. Number five, Bayfront Park remains closed for two to three months, and it cannot be used for its intended purpose, to be enjoyed by adults, children, and pets. Hold on. Do you agree, Max? Commissioners, stay healthy. All of you are in my prayers. Please don't allow Ultra to return in 2021 and 2022. Thank you, and God bless you. Oscar Gonzalez: Hello. My name is Oscar Gonzalez. My address is 670 Northeast 58th Street, Miami Florida 33137, and I am writing to express my support for Agenda Items 1 and 3, Resolutions 7293 and 7307, to encourage the City Manager and the City's Parks Department to apply for Florida Inland Navigation District (FIND) grant monies, as well as a grant from The Nature Conservancy, for use to improve the seawall and baywalk at Morningside Park. Thank you. Isaac Martinez: Commissioner, my name is Isaac Martinez. I currently live in 50 Biscayne with my wife and my two kids, nine and two years old. I am asking and pleading that you don't allow Ultra to come back for 2021 or 2022 for the way that not only the park means to my family, lifestyle, the health of my kids and my wife. We don't know what it's going to look like, and we're asking you to please, please not let them come back. I know it's a large economic impact in the City. I fully understand that. Hopefully, you guys would choose the health of your city and that the finances will come through one way or the other. I truly believe that. Many blessings to you and your family. Eileen Bottari: Hello. My name is Eileen Bottari. I live at 505 Northeast 76th Street, Miami. I live in the Upper Eastside in the Palm Grove neighborhood. I am going to speak about the revised trash pickup. I am quite concerned that our Solid Waste Department would reduce the schedule for trash pickup and suspend the recycle blue canister pickup. I have spoken to numerous friends and family who live in other cities in South Florida, and their solid waste schedule has not been altered. With the City shut down and everyone at home, there will be even more trash and garbage than before. (INAUDIBLE) schedule for trash pickup and suspend (INAUDIBLE) for such actions. Commissioners, please reinstate our regular trash and recycle pickup schedule. It is imperative that we keep our city clean and safe for everyone. Thank you. Justin Kaplan: Hi. My name is Justin Kaplan. I live at 580 Northeast 59th Street in the City of Miami, and I want to comment on RE.1, which is -- would be Resolution 7307 and RE.3, which would be 7329. The first resolution seeks to authorize the City Manager to apply to the Florida Inland Navigation District for a grant regarding repair of the boat ramp and related facilities at Morningside Park. And the other one that I'd like to comment on applies -- involves application to the Nature Conservancy for shoreline protection and other related matters within Morningside Park. There is no reason, whatsoever, to not at least ask for the grants. It is free money to the City of Miami and its parks. There is no good reason why you wouldn't even just let it occur to apply. Now, in the event that the grants are awarded to the City of Miami or for the park, you can deal with whether to accept the grants or not after further exposition. But as of right now, I can't see any reason why the City would not ask for others to provide money. City of Miami Page 7 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 David Holtzman: Hi. My name is David Holtzman. My address is 590 Northeast 59th Street. The time is 4:38 p.m. on Wednesday, April 8. And I am calling in regard to RE. 1, Resolution 7307; and RE.3, Resolution 7293. I am the former president of the Morningside Civic Association, and remain a member of the MCA (Morningside Civic Association), and I'm calling in support of these two items, and respectfully ask the City Commission to approve both items at tomorrow's hearing. Thank you very much. Bye. Rob Pollock: Hi. I'm Rob Pollock. I live at 5724 North Bayshore Drive in Miami, Morningside area. I am a member of the MCA Board, but I'm speaking to you on my behalf not the board's. Regarding RE.1, Resolution 7307, I fully support the City Manager applying for the Florida Inland Navigation District for a grant of money for their waterways assistance program, to update and repair the boat ramp, kayak launch, and to improve and extend the bay walk, and also to execute all the necessary documents to accept grant funds in the event of the award of the grant for fiscal year 2020 and 2021, and to allocate matching funds and other project funds. Also, regarding RE.3, Resolution 7293, I fully support the City Manager applying to the Nature Conservancy for money to undertake a storm water drainage and shoreline protection program to improve the shoreline in Morningside Park, which would mean, among other things, improving our aging seawall. Presently, some areas of the park drain poorly. This makes those areas unsuitable for long periods of time, even after light rains, and more prone to breed mosquitoes. The park is rife with problems, and is in desperate need of improvements, especially when it comes to the shoreline. The park also needs more access to the shoreline. It is wise to solicit funds from outside entities. The park needs all the help it can get, and applying to FIND and TNC (The Nature Conservancy) is a logical first step. Thank you very much. Charles Cutler: My name is Charles Cutler. I'm a 100 percent service -connected disabled veteran. And my residence is 706 Northwest 4th Avenue, Miami, Florida 33136. The two items of discussion I wanted to talk about were Resolution 10, which is 7337 and Public Hearing 5, 7273. The Resolution 10 item talks about the anti poverty initiative program, which is aimed towards the youth in the Liberty City area. I'm all in support of that initiative. I just really hope and I really embrace that. There was a chess component involved with that where we can actually teach the inner city Liberty children how to play chess. That way, they can really learn how to think, focus, and really learn how to use their brains in the real world. And with the Public Hearing Number 5 item, with the permanent affordable housing assistance for non -elderly persons, I just really wish that those funds would be allocated evenly among (UNINTELLIGIBLE) wish that a component was added that would really support women with disabilities and children. Thank you. Unidentified Speaker: I was out with my wife in September 2016, at 50 Biscayne Boulevard, directly across from Bayfront Park. I'm opposed to Resolution RE.8, and I'm here to ask the Commissioners to vote "no" on that resolution. It is disappointing that I must be here again to plead with my own City Commissioners to not approve the abuse of Bayfront Park by the Ultra Electronic Music Festival. It was less than two years ago that the Commission itself voted against Ultra returning to ravish Bayfront Park, and imposed a (UNINTELLIGIBLE) on the surrounding neighborhood. Nothing has changed since that -- surrounding the issues surrounding using Bayfront Park for Ultra. The noise of the festival featuring constant (INAUDIBLE) and bass would again make my family's home unendurable. And again, the park would be ravaged by the massive set up and tear -down effort Ultra needs to convert the beautiful park into an entertainment venue. And again, the (INAUDIBLE) surrounding the park would deny the recreation use of its green space for weeks on end. Ultra has simply outgrown the park. Too much persistent noise, too much damage to the park, too much negative effect on property values, too much traffic disruption. Downtown Miami continues to grow and change. Ultra Music Festivals are no longer appropriate events for the high -density neighborhood that downtown Miami has become. As you voted two years ago, and as that vote proved, the time has come for Ultra to relocate to a different Miami venue, one suitable for such massive events. Is it fair to penalize Miami citizens for Ultra not being able to make it work on Virginia Key? I ask you to preserve Bayfront Park as it was meant to be; a rare green space for the enjoyment of Miami residents. Thank you. City of Miami Page 8 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Tatiana Loza: Hi. This is Tatiana Loza, and I reside at 670 Northeast 58th Street in Morningside, and I am sending this message to express my support for Agenda Items 1 and 3, Resolutions 7293 and 7307, to encourage the City Manager and the City's Park Department to apply for Florida Inland Navigation District for them to find the grant monies, as well as a grant from The Nature Conservancy for use to (INAUDIBLE). I'm a Morningside resident, and I use the park on a regular basis. It would be great if the seawall and the baywalk can be fixed up with this money. Thank you so much. Arlene Ramsingh: My name is Arlene Ramsingh. My husband and I reside at 50 Biscayne Boulevard, directly across from Bayfront Park. We have lived there since September 2016. I'm opposed to Resolution RE.8, and ask the Commissioners to vote "no" to the resolution. I'm truly disappointed to once again be standing before you and asking that the City not allow Ultra in Bayfront Park. I reiterate my reasons. Ultra at Bayfront Park violates our property rights. Ultra at Bayfront Park damages the park. Ultra at Bayfront Park negatively impacts our health and well-being. As a research scientist with over 30 years in the study of viruses and the development of vaccines, I would like to place the Ultra issue in context against the backdrop of the current pandemic. The fact that the City is even discussing Ultra 2021 and Ultra 2022 is problematic. COVID-19 will remain in the human population until an effective vaccine is available, or until 30 to 60 percent of the world's population is infected. An effective vaccine is at least 18 months away, which puts us at fall 2021. And then global vaccination will take a few years to complete. The idea of an international gathering of 50,000 people in the next few years in a residential downtown is therefore scientifically unsound. So once again, I urge the Commissioners to vote "no" to Ultra at Bayfront Park in the near future. Thank you. Spring McManus: Hello. My name is Spring McManus, and my address is 670 Northeast 52nd Terrace, Miami, Florida 33137. I am calling in favor of Resolution 7307 for the City Manager to apply to the Florida Inland Navigation District for grant money for the water (INAUDIBLE) ramp, kayak launch and improve/extend the baywalk. I am also in favor of Resolution 7293, where -- to apply for -- to The Nature Conservancy for money to undertake a storm water drainage and shoreline protection program to improve the shoreline in Morningside Park. (INAUDIBLE) also have a drain pipe issue (INAUDIBLE) into the bay from the drain pipe. So I am in favor of both of these resolutions, again, 7307 and 7293. And I live in Morningside so -- and I'm on the board of the Morningside Civic Association. Thank you very much. Goodbye. Daniel Mayland: Good evening. Our names are Daniel and Yana Mayland, and we are submitting this video in support of Resolutions 7307 and 7293. As Morningside residents and proud Miamians, we believe that Morningside Park is not just a gem of our neighborhood, but a gem for the City and for everyone around the City who uses it, and it needs love, it needs attention, it needs improvement. And so, any avenue to get funds to help improve this park for the betterment of the City of Miami, the people of Miami and -- the State of Florida, everyone who uses this park -- Yana Mayland: And the children of Miami. Mr. Mayland: -- should definitely be pursued, and we encourage you to please take every step possible to help improve this aging park that's in dire need of funds, repair, and care, and is loved so much by the citizens of the city. Thank you and have a good evening. Ms. Mayland: Thank you so much. Andres Althabe: Good afternoon. My name is Andres Althabe, 1900 (INAUDIBLE), in reference to Agenda Item RES. I want to speak briefly on the confirmation of the position of Executive Director of Downtown Development Authority. I am the president of the board of a 700-unit condominium with 48 employees, so I believe I can recognize good management when I see it. Cristina Crespi has no doubt the capability to be an excellent Executive Director, and City of Miami Page 9 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 also has the experience. She was Deputy Director for a long time, and has been the temporary Director for a while. Not only she is competent, but she knows the DDA (Downtown Development Authority) employees, and they all work well together. I had the opportunity to appreciate the good relationship she has developed with the community. In short, she (INAUDIBLE). Ms. Loza: Hello. My name is Tatiana Loza, and my address is 670 Northeast 58th Street. I'm a resident of Morningside. I'm sending this message to express my support for Agenda Items 1 and 3, Resolutions 7293 and 7307 to encourage the City Manager and the City's Park Department to apply for Florida Inland Navigation District for the grant money, as well as a grant from The Nature Conservancy for use to improve the seawall and baywalk at Morningside Park. I'm a park user. We go there every day. I have a two and a half year old son who goes to the park and enjoys all the amenities, who would love to see it beautified and be able to use its resources. I would appreciate you voting for these resolutions. Thank you. Joy Prevor: Hello. My name is Joy Prevor. I am a resident at 50 Biscayne, Miami, Florida 33132. And I am commenting on the Agenda Item to appoint Cristina Crespi as the Director of the Downtown Development Authority. I am commenting in support of her appointment. I believe that this is long overdue. She (INAUDIBLE) indispensable partner to the residents of downtown Miami in trying to address not only the needs of the general area and its financial economic liability, but also, the residents' need to develop a residential culture that we can (INAUDIBLE) attract more people to live in the area. So thank you for your consideration. I hope you will make this official. Maria Martinez: Mayor and Commissioners, my name is Maria Martinez. I am president of the board at 50 Biscayne Condominium Association. I've been a resident of downtown Miami for 13 years. My father, our children and grandchildren live in downtown Miami, as well. Concerning Resolution RE.8, I want to ask all of you to cancel Ultra returning to Bayfront Park in 2021 and 2022. I sincerely thank each one of you for cancelling Ultra in 2020. Your decision saved lives, mitigated the spread of the coronavirus, and helped place our community in a better position to restore our lives and the economy. As our civil leaders, we need you to be focused on mitigating the coronavirus and restoring our lives. Time must not be spent on a music festival that should never be allowed in the heart of downtown Miami at Bayfront Park, for the following reasons: The corona virus is expected to be with us for several months and no one knows its duration and/or if it will return. We don't need a virus outbreak in our community caused by a music festival. We need you to place your community's health as your number -one priority. The noise level from the music is a danger to our hearing and health. The Miami Citizens' Bill of Rights, Section 8-6 and 8-7 promises residents' freedom from excessive noise. The beeping noise from trucks and construction during day and night times does not allow us to sleep. The prostituting of Bayfront Park with events like Ultra endangers the environment and health of the park. Bayfront Park remains closed for two to three months, and it cannot be used for its intended purpose; to be enjoyed by adults, children, and pets. I pray for each one of you and your families. Please stay healthy, and please do not allow Ultra to return in 2021 and 2022. Thank you, and God bless you. Desiree Parkman: Hi. I'm Desiree Parkman, owner of Parkman Creative, a cultural arts entertainment service. I'm so excited for Cristina in this position. She has been such a great source -- a resource, actually, for myself and my company, and a lot of other people in the City. She's a connector. She really makes a point to bring people to the table that may otherwise not have been able to be at the table. Before the virus hit, we had just finished a successful black history month series at the Olympia Theater, and definitely looking forward to doing that again. But, yes, she is from here. She has her ear to the street, so she really knows what's happening around in the communities and I really think that her energy will be really great moving forward in this position, and I couldn't be more pleased to offer my support for anything that she needs. Thanks so much. City of Miami Page 10 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: It appears that we've concluded our public comment. Mr. Manager, are these any items on this agenda that you want to continue, withdraw, defer, or have any action? Oh, I'm sorry. I see one gentleman in the lobby. I think you're going to have to -- Vice Chair Russell: Commissioner, you need to unmute it. Chair Hardemon: Okay. I'll take care of it for him. Well, he needs to -- you need to unmute your microphone. It's still muted, and I don't have the control for that. Is there a computer there that someone can unmute the podium microphone? Victoria Mendez (City Attorney): I see (UNINTELLIGIBLE). Mayor Francis Suarez: Unmute your microphone, Elvis. Unmute the microphone. Unmute the microphone. There you go. It's still muted. Oh, there you go. Chair Hardemon: There we go. You're recognized, sir. Unidentified Speaker: We got it. I just unmuted it. That's why I asked you. I just unmuted it. Elvis Cruz: Can you hear me now? Chair Hardemon: Yes. Mr. Cruz: Okay, thank you. I'll begin, yes? Chair Hardemon: Yes. Mr. Cruz: Okay. Good day, Commissioners. Regarding both RE.1 and RE.3, if either is approved, please make these grants and plans contingent on not causing any delays to Morningside pool's repair or reconstruction, or any changes to the location of the pool. Also, please make the grants and plans conditioned on a seawall being built, and that there be no obstruction of the water's view. Next slide. Next slide, please. Item RE.3 is a very bad idea. Please vote against this proposal by The Nature Conservancy. Next slide. Morningside Park's precious assets include a beautiful view of the bay across the park and recreational space next to the bay. This proposal would harm both. The agenda doesn't include drawings of what The Nature Conservancy wants to do. Next slide. But here's what they drew up for OCI (Office of Capital Improvements), which OCI did not show you. Next slide. Above is the existing condition that blocks the visibility to the bay and recreational space along the shore. And we also have the baywalk you saw a moment ago. Below is what The Nature Conservancy wants to do. The park would be harmed by a coastal habitat, which is a wide berm and plantings that would take away open recreational space, and obstruct views of the bay. Next slide. This shows how much of the park would be taken over by -- next slide -- a wide coastal habitat. It's colored in light green, so it's hard to see. Next slide. So I have outlined it in red. It would take over 50 to 80 feet into the park from the bay, an enormous loss of recreational open space. It would be high maintenance, and we'd lose the baywalk. This is the Nature Conservancy's philosophy. They are not the recreation conservancy, nor the preserved waterfront view's conservancy. Next slide. Something like this has happened before. There used to be a beautiful view of the bay all across Peacock Park. Next slide. Then the City planted mangroves along that shoreline. Now it's completely blocked off. But there's a better alternative. Next slide. Build a seawall. A seawall is only two feet wide and doesn't block the view or take up recreational space. It would have the least negative impact; zero maintenance. Many parks already have seawalls. Next slide. At your March 12 meeting, you approved FIND grants for new seawalls at Myers and Sewell Parks, because the City knows a seawall can protect the park from sea level rise. Next slide. So now there is no reason to delay fixing Morningside Pool. Please make a motion to reject this item and to instead build a seawall at Morningside Park and to fix Morningside Pool. Fixing the pool would cost half as much; half as much as building a new pool, and be much quicker. You already have the engineering City of Miami Page 11 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 study. You're already facing decreased revenues with this pandemic. It makes perfect sense to save money. In closing, please reject this item. Next slide. Please reject this item and instead build a seawall. Build a seawall and fix Morningside Pool. Thank you. And I apologize for the background sounds. Commissioner Diaz de la Portilla: Mr. Chairman? Mr. Chairman? Chair Hardemon: Yes, sir, you're recognized. Commissioner Diaz de la Portilla: Do we have the ability to -- Can you hear me, Mr. Cruz? Mr. Cruz: I can, Commissioner, yes. Commissioner Diaz de la Portilla: Do you know if there are any strings attached to either of these grants, especially the one from The Nature Conservancy? Mr. Cruz: Yes. There is a contract in your packet, and the design has to be approved by The Nature Conservancy. If they don't approve of it, the money doesn't come. Commissioner Diaz de la Portilla: Have they given any indication of -- We had a debate a few months ago about where we're going to locate the pool, and I think there was a -- the Commission voted on this. Mr. Cruz: Right. Commissioner Diaz de la Portilla: Do they -- are they opposed? Have they publicly stated they're opposed to the location of the pool as the Commission voted for? Mr. Cruz: I have not heard anything to that effect. Commissioner Diaz de la Portilla: And would it delay the building of the pool in your opinion? Mr. Cruz: That's up to the City. I see no reason why the pool hasn't been fixed; that you should have started fixing it years ago. Commissioner Diaz de la Portilla: My question is: Are they tied to each other? Can the City go ahead and move forward with building a pool, and -- independent of this particular -- these particular grants? Mr. Cruz: Not that I'm aware of. Commissioner Diaz de la Portilla: Do we have to wait for the grants to come in or begin before we can fix the pool? Maybe the Manager can answer that question instead of you. Mr. Cruz: I don 't think so, no. You can go ahead and fix the pool. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Mr. Chair? Commissioner Diaz de la Portilla: Is that correct? Art Noriega (City Manager): They're unrelated. Commissioner Diaz de la Portilla: They're unrelated, okay. Mr. Noriega: Unrelated projects, correct. City of Miami Page 12 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Commissioner Reyes: Mr. Chair? Mr. Chairman? Hello? Chair Hardemon: Go ahead. Commissioner Reyes: Okay. And following on Commissioner Diaz de la Portilla's question, do we have the funds already to start the project? They have been set aside to fix the pool? Mr. Noriega: I'm going to let Zerry answer that question. Zerry, can -- Commissioner Reyes: Okay. Mr. Noriega: -- you pop in? Unmute, Zerry. Nzeribe Ihekwaba (Chief of Operations/Assistant City Manager): Hello. Mr. Noriega: We can hear you. Mr. Ihekwaba: Can you hear me? Mr. Noriega: Yeah. Mr. Ihekwaba: Good morning, Commissioners. This is Zerry Ihekwaba, Assistant City Manager. The grant from The Nature Conservancy is predicated on the City successfully designing and submitting their plans for the future improvements on the shorelines for nature - based protection of the shoreline of Morningside Park. There are some dates that have been outlined in the contract that is in the backup that you have in the agenda. It says that we need to submit a 30 percent set of the plans at a certain date and that they will review it and reimburse us for the cost. In any case, if the plans are not -- if the cost of the designs are not reimbursed, the City would have to bear the full cost. In the opinion of the Administration, this is the type of funding that we've always gotten from any type of funding agency. The majority of the funding agencies would like to see the conceptual design that we have in place before they advance the money. There's nothing wrong with accepting the funding from The Nature Conservancy. Commissioner Reyes: No, that's not the question. Mr. Ihekwaba: They are making similar efforts in three other locations in the County. Ours is the fourth location. Yes, Commissioner. Commissioner Reyes: Zerry, that's not the question. The question I think that -- if I'm not -- didn't misunderstood Commissioner Diaz de la Portilla is if we can start the project. Is that right, Commissioner? Commissioner Diaz de la Portilla: Correct, correct. Commissioner Reyes: Correct; that we can start the project now and then when we get the funds to finish the project if it is needed. But the question is: Can we start the project and don't delay this anymore? Mr. Ihekwaba: We can start the project, but in order to get reimbursed, you have to make that submittal at a certain date they've already stipulated in the agreement. Now the other ancillary question that was also posed by the Commissioner was if there is relationship between this project and the pool. There is none. Those can go in parallel to each other. Commissioner Diaz de la Portilla: Mr. Chairman? City of Miami Page 13 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Commissioner Reyes: Okay. I -- Zerry, I don't understand ifyou answered the question. What would happen if we start the project? Do we have money to start the drawings and then start - - I mean the design and all of that? Are we going to --? The pool is going to be fixed either way, right? And we want this grant to help us fix the pool, right? Mr. Ihekwaba: No, no -- Chair Hardemon: And after you respond, Mr. Manager, allow Commissioner Russell to speak. Commissioner Reyes: Okay. What I want to know is if -- I think that what we want to know is if the project could get started without -- while we are asking for the grants. I mean, I -- that's - - it's a simple question; yes or no? Mr. Ihekwaba: I don't have the answer on the funding. Commissioner Reyes: Okay. Mr. Ihekwaba: However, ifI may, I -- Commissioner Diaz de la Portilla: Well, who has the answer though? I'm sorry, Mr. Chair; through you. Who would have that answer? You don't have the answer of when the project would start. Who would have that answer? Mr. Ihekwaba: Let me check with the Project Director, sir. Vice Chair Russell: Mr. Chair? Chair Hardemon: You have the floor, sir. Vice Chair Russell: Thank you. Good morning, gentlemen. This is a pretty intense capital project within my district, and a very important park for the City. So I've been working with not only Capital Improvements and the Resilience Department, but also the neighbors. And this is where you heard a lot of advocacy for both of these grants, which would be found money. And Elvis' opposition to moving too fast if there are strings attached with these grants creating a design that he doesn't like. It's actually really surprising, because Elvis is normally the biggest tree advocate we have, and in this case, he's fighting against trees on the shoreline, because it would block the view. I understand that. But I'm also surprised he's against the natural shoreline, which would be different than a large concrete seawall and a concrete baywalk, which is what the neighbors do not want there. So he has an opposing opinion, which is fine, and we have a process. The design has not been done yet, and neither of these grants are already predicated on a specific design, either way. The Nature Conservancy offers three different options in that proposal, but it's not a formal design, it's not a specific design. I would recommend that we move forward with the applications, because they are time sensitive, both of them, and we could lose the FIND grant and we could lose The Nature Conservancy grant. If our design goes a different direction -- let's say Elvis gets his way down the road -- we would lose The Nature Conservancy Grant, per se, but that would be fine to be going in a different direction, and there would be no loss to it. But to answer the earlier question, yes, we can go forward with the initial steps of design, and when the item comes up, Steve Williamson could go into it. We could either address it here and now or we could take it up at the item when it goes, but I -- Administration has told me both of these grants could be at risk if we do not take action today. Chair Hardemon: Commissioner Diaz de la Portilla. He disappeared. Commissioner Reyes: That's okay. Chair Hardemon: I think we lost him. City of Miami Page 14 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Commissioner Reyes: Let me see if I could -- Chair Hardemon: You're recognized, Commissioner Reyes. Commissioner Reyes: Thank you. Thank you, Mr. Chair. But I don't have anything against asking for the grants, Commissioner Russell. You see, I agree with you. We should go after that money and those funds. My question was if we could start at least designing and taking the appropriate steps into completing this project that has been lingering for about two, four years or something like that, for so long. And it is needed. That pool is needed there, not only for the people of Morningside, but all the areas that could use it at the benefit of their children, okay. And that is what I was asking. I'm not referring to the items that -- I mean to question those grants, no. I mean, I'm in favor of it. My question was: Can we start the ball rolling and -- in order to start expediting the reconstruction of the pool? That's all. Okay? And your answer is: Yes, we can start designing. Well, let's do it. Okay. And I'm going to vote in favor of these two items, sir. Mr. Noriega: But to be clear, neither of these items that are on the agenda, RE.1 or RE.3, are related to the pool. Commissioner Reyes: Oh, they're not? Mr. Noriega: They're not. Commissioner Reyes: Oh. And then why we're arguing about this, the pool, and including the pool in this item? Mr. Noriega: Yeah. The pool's a separate project. Commissioner Reyes: Okay. Why are we getting the pool in this discussion? Okay, okay, I'm finished. Chair Hardemon: Seeing that there are no further -- Mr. Noriega: I think Mr. Cruz brought it up as a means of advocating again -- Commissioner Reyes: Okay. Mr. Noriega: -- for the pool project, but they aren't related to RE.1 or RE.3. Commissioner Reyes: Oh, okay, okay. Thank you for the clarification, sir. Chair Hardemon: You know, we -- well, I closed public comments and no other individuals are in line for public comment. Ms. Mendez: Chairman -- Chair Hardemon: Mr. Manager -- yes? Ms. Mendez: -- I just wanted to reiterate that all of the comments that were submitted on the online forms have been submitted for all ofyou and for the record so that you could review, as well, during the meeting before you take action. Thank you. Later... Chair Hardemon: So what I'd like to do right now is open up the public comments. So I'll have IT (Information Technology) play the public comment for the last items that are on the agenda. City of Miami Page 15 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 (Inaudible comments being made.) Commissioner Reyes: Can't hear a thing. Unidentified Speaker: We need a few seconds to relaunch. Can we come back to this in like a couple of minutes? Chair Hardemon: I would suggest that you launch it, because we're basically waiting on you. Victoria Mendez (City Attorney): I wanted to clan fy for the record that these are the public comments based on the pockets, because you already had the public comment that everybody's been submitting. Unidentified Speaker: That's correct. Ms. Mendez: And we will continue -- any online email submissions will also be forwarded to all of you, as well, for the record. Kathy Suarez Parks: Hello, Commissioners and Madam City Attorney, Mayor Suarez, Art Noriega. I appreciate being able to make a comment. I would like to talk about -- My name is Kathy Suarez. I live at 4035 Battersea Road. And I would like to comment on the airport, the Miami airport. I agree it's important that we do something about the incoming flights. My daughter came March 18, which was a Wednesday, prior to Governor DeSantis following Tuesday orders to have National Guard meet the flights from hotspots. My daughter came from New York. My daughter had been in Barcelona and the UK (United Kingdom) prior to coming here. I reported her to the -- we contacted the State and we were tested for the Corona -- for the COVID-19. We want to make sure we take this very serious. We know people in New York that have the COVID. Obviously, Mayor Suarez has had it. He was very fortunate to have a lighter case. But this is critical that we know where it's coming from, who has it. There are people in Brickell in buildings that I've talked to with fevers, no taste and no smell, under 65. Getting in an elevator is going to contaminate the entire building. They shop at the Publix in Mary Brickell Village. Very concerned that we have to figure out where this is coming from, who, how, how bad it is, how people suffer differently from this. This is a dangerous, silent enemy. I can't emphasize how important it is that we monitor and we do something about who's bringing this here or if it's us. This is important. I appreciate that the City has acted as swiftly on the subject. Secondly, I would like to talk about the food trucks. I have nothing against food trucks, as long as they operate legally. My concern is the lack -- Good afternoon. This is Kathy Suarez again. About the food trucks, nothing against food trucks. However, we have restaurants that are fortunate enough to be open, that their takeout lines have become hangout lines. Beer, hanging out activities; not against that either. People need a little bit of a break. But they're not distancing. They are not wearing masks. Now the mask thing has maybe -- will maybe help, but I fear that the fact that we have decided to wear masks has made people think that possibly, we're out of danger, and that's going to give people the idea that they can operate and move around more like they used to. We have restaurants that have closed. Why haven't we incentivized the restaurants that are completely closed in the Grove? Green Street, Lulu's, Jaguar, completely shut down, versus being the -- people who have been around forever to be offering food. Again, nothing against the food trucks, but if we can't get the restaurants that are open to behave properly, what about the food trucks? How do we know that the people working in these trucks are not sick, don't have the COVID, or even in the restaurants and the grocery store. We have grocery store personnel that are getting the COVID. We have to be a little stricter and harder on who's serving food, who's delivering food. And I don't want people not to work. That is not my thing. It's important that people work but we have to get this under control. And somehow, some way, we continue to go up in our numbers. We're not going down. We've got to get this under control. And loosey-goosey food trucks when we don't even have our quality restaurants operating, it's a concern. It's a huge concern. We need better policing. But again, I don't mean as far (INAUDIBLE) -- Chair Hardemon: Was that the only message, or are there more? City of Miami Page 16 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Unidentified Speaker: That's all. Chair Hardemon: All right, public comment is closed at this point. City of Miami Page 17 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 PART A - NON -PLANNING AND ZONING ITEM(S) AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Regular Meeting - Dec 12, 2019 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo ABSENT: Reyes Chair Hardemon: Then let's start with approval of the meeting minutes, AM.1, AM.2, AM3. Commissioner Carollo: There's a motion. Chair Hardemon: Been properly moved; seconded by the Chair to approve the AM (Approval of Minutes) agenda items. Any discussion? Hearing none, all say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Mr. Hannon: Chair, for the record, I have that as 4-0, with Commissioner Reyes absent. Chair Hardemon: Okay. AM.2 City Commission - Planning and Zoning - Dec 12, 2019 2:00 PM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo ABSENT: Reyes Note for the Record: For minutes referencing Item AM.2, please see Item AM.1. City of Miami Page 18 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 AM.3 City Commission - Regular Meeting - Jan 9, 2020 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo ABSENT: Reyes Note for the Record: For minutes referencing Item AM.3, please see Item AM.I. MV - MAYORAL VETO(ES) NO MAYORAL VETO(ES) (Pursuant to Section 4(g)(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 City Commission consideration.) Chair Hardemon: Okay. So let's start. Mr. Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Hardemon: Okay. END OF MAYORAL VETO(ES) City of Miami Page 19 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes CA.1 RESOLUTION 7239 Office of the Independent Auditor General A RESOLUTION OF THE MIAMI CITY COMMISSION REAPPOINTING THEODORE ("TED") GUBA AS THE INDEPENDENT AUDITOR GENERAL OF THE CITY OF MIAMI, FLORIDA FOR A FOUR (4) YEAR PERIOD COMMENCING ON MAY 7, 2020 WITH COMPENSATION AND EMOLUMENTS AS STATED HEREIN. ENACTMENT NUMBER: R-20-0090 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.1, please see "End of Consent Agenda." City of Miami Page 20 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 CA.2 7187 Office of Communications RESOLUTION A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCESSING OF THE CITY AND COUNTY OF DENVER ("DENVER") CONTRACT NO. TECHS 201843887-00 FOR VIDEO CLOSED CAPTIONING SERVICES ("CAPTIONING SERVICES") FOR THE CITY OF MIAMI'S ("CITY") OFFICE OF COMMUNICATIONS ("COMMUNICATIONS") PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA AS AMENDED ("CITY CODE"), WITH VITAC CORPORATION, A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("VITAC"), WHICH WAS COMPETITIVELY SOLICITED FOR AN INITIAL TERM OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO ANY RENEWALS, EXTENSIONS, AND/OR REPLACEMENT CONTRACTS BY DENVER; ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS OF THE END USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0091 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.2, please see "End of Consent Agenda." City of Miami Page 21 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 CA.3 7262 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), PURSUANT TO SECTION 18-112 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR MEDICAL DIRECTION SERVICES FOR THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF FIRE -RESCUE ("FIRE") WITH THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA, AN AGENCY AND INSTRUMENTALITY OF MIAMI-DADE COUNTY ("HEALTH TRUST"), FOR A PERIOD OF FIVE (5) YEARS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0092 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.3, please see "End of Consent Agenda." City of Miami Page 22 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 CA.4 RESOLUTION 7197 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED NOVEMBER 18, 2019 PURSUANT TO INVITATION FOR BID ("IFB") NO. 1105381 TO PROVIDE AND ADMINISTER THE AFTER SCHOOL SNACK PROGRAM ON AN AS NEEDED BASIS FROM THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FLORIDA INTRODUCES PHYSICAL ACTIVITY AND NUTRITION TO YOUTH INCORPORATED D/B/A FLIPANY, A FLORIDA NOT FOR PROFIT CORPORATION ("FLIPANY"), FOR THE CITY OF MIAMI'S ("CITY") PARKS AND RECREATION DEPARTMENT ("PARKS") FOR AN INITIAL TERM OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM SPECIAL REVENUE FUND ACCOUNT NO. 11550.295999.431000.0000.00000 AND OTHER SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0093 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.4, please see "End of Consent Agenda." City of Miami Page 23 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 CA.5 RESOLUTION 7198 Department of Procurement CA.6 7264 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON JANUARY 21, 2020 PURSUANT TO INVITATION FOR BID ("IFB") NO. 1154387 FOR THE PROVISION OF ROADSIDE TIRE REPAIR SERVICES CITYWIDE ON AN AS NEEDED BASIS FROM THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, S.O.S MOBILE TIRE CORP ("S.O.S"), FOR AN INITIAL TERM OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE END USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVALS AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0094 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.5, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE ALLOCATION OF GRANT FUNDS AWARDED FROM THE FISCAL YEAR 19 UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ADMINISTRATION SMART POLICING INITIATIVE TO FLORIDA INTERNATIONAL UNIVERSITY IN AN AMOUNT NOT TO EXCEED $296,618.00 OVER A THREE-YEAR PERIOD FOR REIMBURSEMENT OF SERVICES TO PROVIDE RESEARCH SUPPORT, ASSIST IN THE DEVELOPMENT OF THE MIAMI REAL TIME CRIME CENTER ("MRTCC") VIOLENCE RESPONSE INITIATIVE, AND TO GIVE SUPPORT TO EXISTING ANALYSTS; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS IN ORDER TO MAINTAIN THE INITIATIVE. ENACTMENT NUMBER: R-20-0095 This matter was ADOPTED on the Consent Agenda. City of Miami Page 24 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 CA.7 7230 Department of Police Note for the Record: For minutes referencing Item CA.6, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "2019-2020 U.S. MARSHALS SERVICE"; AUTHORIZING THE CITY MANAGER TO ACCEPT REIMBURSEMENTS IN AN AMOUNT NOT TO EXCEED NINETY- EIGHT THOUSAND FIVE HUNDRED DOLLARS ($98,500.00) FOR OVERTIME EXPENSES INCURRED BY MEMBERS OF THE MIAMI POLICE DEPARTMENT'S ("MPD") FELONY APPREHENSION TEAM ASSIGNED TO ASSIST THE UNITED STATES MARSHALS SERVICE ("U.S. MARSHALS") PURSUANT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE U.S. MARSHALS AND THE CITY OF MIAMI; AUTHORIZING THE CHIEF OF POLICE OR HIS DESIGNEE TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF REIMBURSEMENT FUNDS. ENACTMENT NUMBER: R-20-0096 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.7, please see "End of Consent Agenda." CA.8 RESOLUTION 7229 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JONATHAN YAVNEH, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $53,250.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT, EXCEPT THE MEDICAL PORTION TO THE DECEMBER 30, 2008 CLAIM, ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $53,150.00 FROM THE INTERNAL SERVICE FUND, INDEX CODE NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-20-0097 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.8, please see "End of Consent Agenda." City of Miami Page 25 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 CA.9 RESOLUTION 7189 Department of Resilience and Public Works CA.10 7353 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT NINE (9) RIGHT-OF-WAY DEEDS OF DEDICATION AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN COPIES OF SAID DEEDS. ENACTMENT NUMBER: R-20-0098 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.9, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL SETTLEMENT DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITHOUT ADMISSION OF LIABILITY, IN SETTLEMENT OF THE CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AS MORE SPECIFICALLY DETAILED IN THE SETTLEMENT AGREEMENT, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED 3637 CORP., INC. VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 18-CV-20367- RS.RIDA, CASE NO.: 18-CV-20367-RS. ENACTMENT NUMBER: R-20-0099 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.10, please see "End of Consent Agenda." END OF CONSENT AGENDA Chair Hardemon: Okay. So what I'd like to do now is move into the agenda. If I can have a motion to -- unless there's something that you want to pull from like the CA (Consent Agenda) and the PH (Public Hearing) Agenda, is there a motion to approve the CA and the PH Agendas? Commissioner Reyes: Move it. Chair Hardemon: Been properly moved; seconded by the Chair. Todd B. Hannon (City Clerk): Chair? Chair Hardemon: Any discussion? City of Miami Page 26 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Mr. Hannon: Chair, yes. PH.4 needs to be amended in the first "whereas" clause. It will need to include the Resolution Number R-20-0088; that's PH.4, to be amended. Chair Hardemon: The mover and the seconder agree to that amendment? Commissioner Reyes: Yes. Chair Hardemon: All right. Seeing no further discussion, all in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? Chair Hardemon: The motion carries. City of Miami Page 27 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 PH - PUBLIC HEARINGS PH.1 RESOLUTION 7267 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIP ("HOME") PROGRAM FUNDS GENERATED FROM OCTOBER 1, 2019 TO JANUARY 31, 2020 IN THE AMOUNT OF $167,724.69 AND AN ADDITIONAL AMOUNT OF $30,000.00 OF RECAPTURED FUNDS, FOR A TOTAL AMOUNT OF $197,724.69, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0100 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item PH.1, please see "End of Consent Agenda." PH.2 RESOLUTION 7270 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS GENERATED FROM OCTOBER 1, 2019 TO JANUARY 31, 2020 IN THE AMOUNT OF $120,626.08 TO THE CATEGORIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0101 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item PH.2, please see "End of Consent Agenda." City of Miami Page 28 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 PH.3 RESOLUTION 7271 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF FLORIDA STATE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM FUNDS FOR FISCAL YEAR 2020-2021 IN AN AMOUNT NOT TO EXCEED $950,000.00 TO BE UTILIZED FROM JULY 1, 2020 TO JUNE 30, 2021 AND AN ADDITIONAL AMOUNT NOT TO EXCEED $950,000.00 TO BE UTILIZED FROM JULY 1, 2021 TO JUNE 30, 2022 FOR THE PURPOSE OF IMPLEMENTING PROGRAMS FOR PEOPLE WITH HIV/AIDS THAT HELP SUSTAIN AND/OR TRANSITION INDIVIDUALS AND FAMILIES TO STABLE HOUSING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-20-0088 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item PH.3, please see "End of Consent Agenda." PH.4 RESOLUTION 7272 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FLORIDA STATE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM FUNDS FOR FISCAL YEAR ("FY") 2020- 2021 IN AN AMOUNT NOT TO EXCEED $950,000.00 TO BE UTILIZED FROM JULY 1, 2020 TO JUNE 30, 2021 AND AN ADDITIONAL AMOUNT NOT TO EXCEED $950,000.00 FOR FY 2021-2022 TO BE UTILIZED FROM JULY 1, 2021 TO JUNE 30, 2022, AS MORE PARTICULARLY SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-20-0089 City of Miami Page 29 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item PH.4, please see "End of Consent Agenda." PH.5 RESOLUTION 7273 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING MAINSTREAM VOUCHER PROGRAM FUNDS FOR FISCAL YEAR 2019-2020 IN THE ANNUAL CONTRIBUTION AMOUNT OF $432,159.00 FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") TO PROVIDE PERMANENT AFFORDABLE HOUSING ASSISTANCE TO NON - ELDERLY PERSONS WITH DISABILITIES AND/OR FORMERLY HOMELESS INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0102 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item PH.5, please see "End of Consent Agenda." PH.6 RESOLUTION 7188 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "HISSAR GROVE", 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; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-20-0103 City of Miami Page 30 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item PH. 6, please see "End of Consent Agenda." PH.7 RESOLUTION 7259 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API") IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-THREE THOUSAND, FOUR HUNDRED TWENTY DOLLARS ($173,420.00) TO SUNSHINE FOR ALL, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("SUNSHINE FOR ALL"), IN SUPPORT OF SUNSHINE FOR ALL'S API SENIOR MEALS PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0104 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item PH.7, please see "End of Consent Agenda." END OF PUBLIC HEARINGS City of Miami Page 31 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 RE - RESOLUTIONS RE.1 RESOLUTION 7293 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY-SIX THOUSAND, SIX HUNDRED THIRTY-EIGHT DOLLARS ($256,638.00) FOR THE DESIGN AND PERMITTING OF A BAYWALK, KAYAK LAUNCH AND BOAT RAMP AT MORNINGSIDE PARK - PHASE 1 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2020-2021 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE MATCHING FUNDS AND OTHER PROJECT FUNDS IN A TOTAL AMOUNT NOT TO EXCEED FOUR HUNDRED NINETY TWO THOUSAND, FIVE HUNDRED TWENTY- NINE DOLLARS ($492,529.00), TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED, FROM THE OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B173511A OR OTHER LEGALLY AVAILABLE FUNDING SOURCES. ENACTMENT NUMBER: R-20-0106 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For additional minutes referencing Item RE.1, please see "Public Comment for all Items." Chair Hardemon: Okay. The -- now we have our RE (Resolution) Agenda. Is there any item that you want to pull from this to discuss before we make a motion on the RE Agenda? Commissioner Carollo: Yes; if I could pull RE. 4 -- Chair Hardemon: Okay. Commissioner Carollo: -- to -- City of Miami Page 32 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: To discuss that one. Okay. All right. Commissioner Carollo: -- discuss that and make an amendment. Chair Hardemon: Is there a motion to approve the RE Agenda, withstanding RE. 4, so without RE.4 included? Commissioner Carollo: So move. Commissioner Diaz de la Portilla: Second. Chair Hardemon: Seconded by the Chair. Any discussion about that motion? Mr. Hannon: And Chair, just for the record, Commissioner Russell would like to cosponsor RE.1, RE. 2, and RE. 3. Chair Hardemon: Seeing no further discussion, all in favor of the motion, say The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. RE.2 RESOLUTION 7306 Office of Resilience and Sustainability A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND KUMARI MEDIA, LLC, A FLORIDA LIMITED LIABILITY COMPANY DOING BUSINESS AS ISEECHANGE ("ISEECHANGE"), FOR THE PURPOSE OF PROVIDING EDUCATION, DATA GATHERING, AND COLLABORATION RELATED TO LOCAL WEATHER AND CLIMATE DATA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS TO THE AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, WITH ISEECHANGE FOR SAID PURPOSES. ENACTMENT NUMBER: R-20-0107 aye. MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item RE.2, please see Item RE.1. City of Miami Page 33 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 RE.3 RESOLUTION 7307 Office of Resilience and Sustainability A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A TOTAL AMOUNT OF $400,000.00 IN THE FORM OF A REIMBURSEMENT GRANT FOR THE PERIOD COMMENCING MAY 1, 2020 THROUGH APRIL 30, 2022 FROM THE NATURE CONSERVANCY ("TNC") FOR THE MORNINGSIDE PARK STORMWATER AND SHORELINE PROTECTION PROJECT, OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B173511A ("PROJECT"); APPROPRIATING THE GRANT FUNDING IN THE AMOUNT OF $400,000.00 FOR SAID PROJECT, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH TNC FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS TO THE GRANT AGREEMENT, INCLUDING OPTIONS TO RENEW FOR UP TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT -TO - EXCEED AMOUNTS UNDER THE SAME TERMS AND CONDITIONS FOR THE PROGRAM, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARD. ENACTMENT NUMBER: R-20-0108 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item RE.3, please see" Public Comment for all Items" and Item RE.1. City of Miami Page 34 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 RE.4 RESOLUTION 6827 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE ACCESSING OF THE CITY OF ST. LOUIS, MISSOURI'S ("ST. LOUIS") REQUEST FOR PROPOSALS NO. 2018.08.27 FOR INFORMATION AND EMERGENCY KIOSKS ("KIOSKS") WITH IKE SMART CITY, LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("ISC"), UTILIZING THE COMPETITIVELY SOLICITED AND EXISTING CONTRACT WITH ST. LOUIS, SUBJECT TO ANY AMENDMENTS, RENEWALS, EXTENSIONS, NEW, OR REPLACEMENT CONTRACTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CITY OF MIAMI ("CITY") SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ISC; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item RE.4 was deferred to the April 23, 2020, City Commission Meeting. For additional minutes referencing Item RE.4, please see Item RE.1. Chair Hardemon: Commissioner Carollo, you're recognized for RE. 4. Commissioner Carollo: Yes. On RE.4, I'd like to include in the distributions the Bayfront Park Trust properties. That's Number 6 in the list that we included, and that would have to do with any kiosks or place within the properties managed by Bayfront Park Trust. And basically, what I'd like to do is to amend the resolution to provide the revenue attributed to any kiosk placed in or abutting the Bayfront Park Management Trust properties, subject to the approval of the Bayfront Park Trust Board. Chair Hardemon: I'll take that as a motion, with the modification of the resolution. Commissioner Reyes: I have a question that -- and it's just that I want to be clarified on this. City of Miami Page 35 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: Please, you're recognized. Commissioner Reyes: That is, Commissioner Carollo, that any kiosk that is placed on Bayfront Park that revenues generated by that kiosk should go to Bayfront Park? Commissioner Carollo: Correct. Commissioner Reyes: But do you think --? Commissioner Carollo: But we're talking about the Trust properties. Commissioner Reyes: But the Trustproperty. Commissioner Carollo: Yes. Commissioner Reyes: But that could also apply to any kiosk that is -- I could ask in my district, or Commissioner Diaz de la Portilla, or anybody else, that we can say, okay, any kiosk that it is placed in Flagami, for example, that those revenues should stay within District 4? Commissioner Carollo: Well, the Bayfront Park Trust, as you know, doesn't receive any monies, whatsoever, from the City. It's the only trust that doesn't receive any monies from the City. It self -maintains -- Commissioner Diaz de la Portilla: The amendment that we had -- Commissioner Carollo: -- everything that we do there. So what I'm asking only is for what is normal; that what is done within those properties will be retained within those properties, and that's all that I'm asking for. I'm not going into anything further than that. Commissioner Reyes: Yes, I do understand. But what I'm saying is, doesn't that open the door for other areas to ask for that also? It's not that I'm opposed to it, but I'm just -- Commissioner Carollo: I think it's limited because -- Commissioner Reyes: -- but I think -- but I just want to ask -- I mean, I think it's a valid question. Commissioner Carollo: Well, it's a valid question, Commissioner. Commissioner Reyes: That's right; it's a valid question. Commissioner Carollo: I think it's a big difference in Bayfront Park Trust for the reasons I've stated, in Bayfront Park Trust -managed property than going into individual neighborhoods. You do have a provision that will include the Downtown DDA (Downtown Development Authority), also. Commissioner Reyes: That's right. That's right. We -- then it -- the ones that they are -- DDA will get a portion of that, or -- Commissioner Carollo: Yeah. So -- Commissioner Reyes: Okay. Commissioner Carollo: -- that's how we're breaking it up, in this fashion. City of Miami Page 36 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Commissioner Reyes: Okay, okay, okay. That's fine. Commissioner Carollo: Thank you. Victoria Mendez (City Attorney): Well, my understanding is that the DDA -- those within the DDA, the revenue will go to the DDA; those within the Omni, the revenue will go to the Omni; those within the Southeast Overtown/Park West, the revenue will go to Southeast Overtown/Park West. Commissioner Reyes: Okay. Ms. Mendez: As Commissioner Carollo mentioned, Bayfront and those properties managed by Bayfront will go to Bayfront, and the Calle Ocho Cultural Center will go to those, and Wynwood BID (Business Improvement District) as -- will go to Wynwood BID. So that would be revenue -- Chair Hardemon: Madam City Attorney -- Ms. Mendez: Yes? Chair Hardemon: -- can you also add in that the Little Haiti Cultural Center? Commissioner Diaz de la Portilla: Well, excuse me. Chair Hardemon: And I'll recognize you, Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Thank you very much. There's a list that we had agreed to -- or not agreed to, but we had discussed earlier in the previous meeting, and I had discussed it with the City Manager that included all these different entities that are existing governmental entities, so that's why I support Commissioner Carollo's move because Bayfront Park Trust is, in fact, an existing governmental entity, like Wynwood Business Improvement District, the Omni, the CRA (Community Redevelopment Agency), the Miami Downtown Development Authority, so it's only fair that he chairs his entity and that he has a right also to have those revenues in his -- in that area. What I'm a little bit concerned about is the Arts, Cultural, Entertainment Fund for Calle Ocho, and now we're adding the Little Haiti. We're beginning to add different pockets -- and I think this goes to Commissioner Reyes' concern -- derent -- funding different projects, or pet projects, or "turkeys," as we used to call them in Tallahassee, and that can get out of hand, because I have a whole list of them, too. And I could say, well, how about this in Allapattah? How about that in Flagami? We have a long list of projects and good organizations that do good work that we can say, let's get those revenues directed in that way. So that's a little bit of a concern. If it's a governmental entity that works with the City of Miami, has interlocal agreements, have been long -- not longstanding, but are existing -- that's okay. But when you start talking about entities that are just looking for money from the City of Miami, I'm a little bit concerned about continuing to expand that list. Chair Hardemon: Is there an organization that you're saying is expanded to that, or an organization that's just looking for money from Miami? Commissioner Diaz de la Portilla: Well, yeah. Well, if you add the Arts, Culture, and Entertainment Fund for Calle Ocho, what is that? Chair Hardemon: Well, I don't know. I mean -- Commissioner Diaz de la Portilla: Okay; neither do I. And so what's the Little Haiti --? City of Miami Page 37 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: The Little Haiti Cultural Center is a City of Miami -- Commissioner Diaz de la Portilla: I know what it is, but I mean -- Chair Hardemon: -- facility. It's operated by the City of Miami; it's just that it has a significant amount of frontage on a public street. It's a public facility; it's not private. There's no private entity that controls it, and there's always -- there's a significant amount of upkeep that goes to the space. And so, what that would do, it could help actually keep the building -- Commissioner Diaz de la Portilla: No, I understand. I'm not arguing the merits of a particular project. I'm just saying that this is something that could get -- it appears to me can get out of hand. I can make arguments there's a whole bunch of park,s and a whole bunch of theaters and places throughout the City of Miami that need funding, and we start saying that this particular project -- program is going to begin to fund all these things, who gets what? That's -- I think that should -- that's a broader debate we need to have that it goes beyond this conversation, with the exception of the -- of Commissioner Carollo's -- you know -- Bayfront Trust. I understand that one. But the other ones are a little bit concerning. You just added one right out of your pocket. You know, I'm sure Manolo Reyes -- Commissioner Reyes is thinking of something else that he wants to fund, and we can go on. I have a list. Chair Hardemon: I mean, it's only going to go where they put the -- Commissioner Diaz de la Portilla: I don't even want to do that. Chair Hardemon: -- kiosks. Commissioner Diaz de la Portilla: I understand. And you know where the kiosks are going to go, right? They're going to go where the -- Chair Hardemon: Not necessarily. Commissioner Diaz de la Portilla: Well, yeah. They're not going to go to a residential area in Flagami. We know that, right? Commissioner Reyes: Absolutely not. Commissioner Diaz de la Portilla: They're not going to go there. So, you know, there's a sense of fairness here that we have to be careful that when we take an item that's already presented before us, and all of a sudden, we start adding things to it. We call that in Tallahassee "a train." You know, it starts growing, it gets bigger, and another car is added, another car is added. By the time you know it, it's gone. The money's gone, and this hasn't been a fair debate about what has more merit, what project has more merit than another. Chair Hardemon: These are -- but for instance, when it comes to the Little Haiti, it's not a project. It is -- Commissioner Diaz de la Portilla: I'm not debating the merits. I'm sure it's a fantastic project. I'm not debating the merits. Chair Hardemon: It's not a project. Commissioner Diaz de la Portilla: I'm debating the principle, Commissioner. I'm debating the principle, who receives money. Chair Hardemon: Commissioner Carollo. City of Miami Page 38 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Commissioner Diaz de la Portilla: I'm sure Commissioner Reyes thinks -- if I may finish? Commissioner Carollo: Sure. Commissioner Diaz de la Portilla: I think Commissioner Reyes has great projects in dire need of funding in his district; I know I have in mine; I know Commissioner Carollo has in his; I'm sure Commissioner Russell, probably less. It's a more fluent area, but it still has some projects that need help. Coconut Grove Playhouse comes to mind; I mean, things of that nature. There are things that we have to be careful that we don't say, oh, this money is available. If money will be available, let's go after it and grab it, without having the kind of open, transparent debate that we need to have about a ranking system where what project deserves immediate funding and what projects can wait. That's my -- Chair Hardemon: Now, I hear what you're saying, but this is not a project -- Commissioner Diaz de la Portilla: It's a legislative principle -- Chair Hardemon: -- so my point is that either way it goes, that this money is going to be spent in these spaces; that we're going to have to -- for instance, if there's a roof leak at Little Haiti Cultural Center, it's going to have to be paid for, and we're going to pay for it. That's just what's the bottom -- Commissioner Diaz de la Portilla: So, we can have a debate about it. We can have -- we have budget meetings, and we have a debate about it. And of course, it'll be -- if it merits, it'll be paid for. But I'm also going to have a debate about -- perhaps Commissioner Carollo will have a debate about the Tower Theater or other projects in his district, and I'll have a debate about certain parts of my district that need -- and I don't want to name any particular organization, because I fall into that trap then. They'll say, well, he mentioned this one, and what about me? Maybe I have more -- I deserve it more than this other guy deserves it. And that's a concern. And we're having a budget debate about where these dollars should go, and we're adding here -- you know -- on the fly different organizations as to what -- and then we don't have really a real debate about what -- which of these organizations and a ranking system that merits the funding first and foremost. That's my concern. Chair Hardemon: So (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: I see a little bit -- I'm not in Tallahassee anymore, but I'm getting some flashbacks on Tallahassee trains and appropriate -- the appropriations process where people have amendments last minute and say, well, what about this guy? What about my project? And that's just not a good way. I always complained about that up there, and I'll continue to complain about it down here. So that's just my -- Chair Hardemon: I mean, listen, like, for instance, we make agreements right here in this board, and then we don't follow through with those agreements. For instance, we made an agreement that we were going to fund the senior feeding program, and there were districts that gave up some of their funding to provide for other districts, because there was more seniors in those districts. That was an agreement that we made. We also made the agreement in that same meeting that we were going to split the funding for the additional million dollars affording to API (Anti -Poverty Initiative). We're not following through with that agreement; that agreement is being changed. And so, you know, I kind of -- I take issue with -- you know, here, we're saying every time there's something that we -- if we agree to it, then we should agree to it, and we should follow through with what we've said as a board, as the City of City of Miami Page 39 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Miami Government, et cetera. And here -- look, there's no -- I really don't have a dog in this fight. You know, we don't have any of these things currently in our spaces. They probably won't be in the space that I just said to you. If there is one that can give you, for instance, direction and other information in the area, it would be nice to have the revenue; that revenue might not be much, so it's not a big issue, and I'm not fighting you. I understand exactly what you're saying, Commissioner Alex Diaz de la Portilla. Essentially, you are correct; it could go too far the way you're describing it. Commissioner Diaz de la Portilla: Yes. Chair Hardemon: So I don't disagree with you, and I don't want you to take this debate as a disagreement. But I just -- I heard an opportunity, and so, I expressed that opportunity for that public space that's an asset of the City of Miami. But, you know, it's not -- I'm not to debate it. What I do believe, though, is that we should all -- if we make an agreement about something, we should follow through with that agreement. We shouldn't be trying to make changes to that agreement -- Commissioner Reyes: Absolutely. Chair Hardemon: -- once we're aware of it. Commissioner Diaz de la Portilla: If I may, Mr. Chairman. Chair Hardemon: Yes. Commissioner Diaz de la Portilla: Remember the debate we had at our first virtual meeting that Commissioner Russell and I got into it a little -- into it. But -- and we -- I said, "You can't do things" -- "You can't just surprise people with these kind of funding ideas and not let the other Commissioners have an opportunity to answer." That was a debate that we had the last time, very similar to that. (UNINTELLIGIBLE) pocket items, amendments, which are okay, but this is not what we're talking about today. What we're talking about a specific project that funds certain agencies. I see -- I'm surprised that your Overtown CRA is not included in this list; at least the list that I have in front of me, but I think it's because they have a lot of money, so I think that's why they're probably not included here. But there are -- again -- and by the way, I'm also talking about the Arts, Cultural, Entertainment Fund for Calle Ocho, and I think Commissioner Carollo had some comments about that. I don't like the principle. And maybe the Mayor can chime in one way or the other; it doesn't matter. I just don't like the principle. It doesn't matter. At the end of the day - - you know -- I think it's a project that has merit and there's -- I have a whole bunch of projects that I think have merit. There's a lot (UNINTELLIGIBLE) we're a poor city in many ways, in many parts, so I understand all that. But this is not the way to do it. I'm more concerned about the process, about -- I'm going to have this money right now, because it's there. Let me take this. The candy grab that Commissioner Russell referred to. Chair Hardemon: And we can also continue the item. I -- Commissioner Joe Carollo, I'll recognize you. Commissioner Carollo: Thank you, Chair. Chair Hardemon: And then Commissioner Reyes, and I'll come back to you. Commissioner Carollo: I think Commissioner Diaz de la Portilla has made sense with the statements that he's made. He pointed out that we should concentrate on the governmental organizations that we have, and I would go along with that, because I think the point that he's made, he's correct. There could be a lot of each individual City of Miami Page 40 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 projects in all of our districts that could be brought up, and I see what he's trying to point out, and I agree with him, it's good policy. So I have no problem with the Arts, Cultural, Entertainment Fund for Calle Ocho to be pulled out and substituted beyond the one that we put in for Bayfront Park Trust properties with Southeast Overtown -- Commissioner Reyes: Park West Redevelopment project. Commissioner Carollo: -- Southeast/Park West Overtown CRA. Commissioner Reyes: Yes. Commissioner Carollo: And we should leave at those though. Ms. Mendez: I apologize but I had mentioned that, if that wasn't supposed to be on the list. I was under the impression that Southeast Overtown/Park West was one of the entities, as well. Commissioner Reyes: No, no, no. Mr. Chair? Mr. Chair? Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Yes. I am glad that Commissioner Carollo brought that up, because I wanted Overtown/Park West Redevelopment Project, the CRA to be included in that list, and I think that what we should do, following Mr. Diaz de la Portilla, that line of thought, is just make a decision today on those entities that they are governmental entities, including Southeast Overtown/Park West Redevelopment Project. And if anybody -- I mean, any time in the future that one of these kiosks is placed in a facility -- I mean in a public right-of-way that is near or close, or we think that -- or the Commissioner of the area believes that it could help certain, or whatever institution is helping the people in that area, well, we should have a discussion at that time. That's what I believe. Commissioner Diaz de la Portilla: And I agree with Commissioner, Mr. Chairman. And I agree with Commissioner Reyes and Commissioner Carollo to include the Overtown/Park West Community Redevelopment Agency. Mind you, what I'm doing here has nothing to do -- I have nothing in here that goes to my district, so nothing that goes specifically to any project in his district, either. So let's -- I wanted to point that out. And Commissioner Carollo's -- Bayfront is not in his district, either. So this is just a fair way of doing it, I think. Vice Chair Russell: Commissioner -- Mr. Chairman? Chair Hardemon: You're recognized, Commissioner Russell. Vice Chair Russell: Are we -- Is RE.4 officially on the floor at this point for amendments? Commissioner Carollo: Yes, yes. Chair Hardemon: Yeah, we're (UNINTELLIGIBLE). Vice Chair Russell: Because I have several questions with regard to the agreement, and then I just wanted clarification on the entities. I know there's been a lot of back and forth. I just want to make sure that the original entities that were not brought up just now that were written in are still in there. But I also had questions about the procurement side of things when the time's appropriate. City of Miami Page 41 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: The time is appropriate. Vice Chair Russell: All right. So I posed some questions to Procurement, and I don't believe I've gotten solid answers yet. So, Mr. Manager, maybe you can help me out here. I want to make sure that the City -- because this is a major investment on their side. I get that. So they're asking for a major commitment from our side. But I want to make sure that commitment doesn't tie our hands if this doesn't work out for whatever reason. I'd like to make sure that we can exit the contract. I know there's 10 years and 10 years. I want to make sure they can't unilaterally renew it in year 19 on their end by doing certain maneuvering. I'd like to make sure that if we do exit early that the money that we've earned is on gross, not on net, because if we're on net after all of their costs, which I understand is over 100,000 of install for every single one of these kiosks, we may be in the negative for a long time before we see any of that positive revenue. I don't want to care about their internal business workings. I would like a very clean number that we know we're going to get. If they sell 100,000 in advertising, we get "X, "for example. If they make revenue in this way, we get "Y." But I don't want to have to audit their books to know what their expenses are to get to the net amount that we get a portion of. So, really, those are my two main concerns, along with, of course, the entities that will receive the funds. Commissioner Carollo: My -- Ms. Mendez: If I may? Remember that this is a piggyback, so we cannot materially change the terms. So if you want those types of changes as in exiting early and net versus -- you know, those type of changes -- we would have to restructure this, and it's not something that we can do on a piggyback. Vice Chair Russell: Well, my -- and Mr. Chairman -- Commissioner Carollo: My understanding -- Vice Chair Russell: -- I want to -- Chair Hardemon: Commissioner Russell, respond. Vice Chair Russell: I understand that, but I want to trust that our Administration is making sure and fighting for the best deal for us. And if that piggyback is not a good deal, we need to take a good look at it just to make sure. I love the concept. I love the revenue it could generate for us, but I want to make sure that the deal is appropriate financially for us, and legally that we can exit it cleanly when and if necessary. Ms. Mendez: Again, two things that you have mentioned are not a part of this contract. Vice Chair Russell: I don't know that. I haven't gotten clarification yet. Ms. Mendez: Well, I'm telling you they're not, so. Vice Chair Russell: So you're saying they can unilaterally extend this contract beyond the 20 years? Ms. Mendez: No, not beyond the -- Vice Chair Russell: That was one of my concerns I brought up. Ms. Mendez: -- 20 years. Are you saying an exit, like a termination for convenience, earlier? That is not part of this contract. Earlier than 20. Earlier than -- you know, later than 10. City of Miami Page 42 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Vice Chair Russell: We're in for 10 years no matter what, and our revenue is based on the net, not the gross. Ms. Mendez: I need to double check on the revenue. I'm just telling you the changes in the revenue are material terms. I have to check if it's net or gross, but, I mean, if you want those type of changes, again, it's a material change that -- Commissioner Carollo: I believe that it's the gross and we're getting it. This is what I'm reading. Commissioner Reyes: Yes. Commissioner Carollo: Hundred per -- you know, on the gross. Commissioner Reyes: Yes, sir. Art Noriega (City Manager): No. It's net revenue; 20 percent of net revenue for the first two years; 40 percent of net revenue for years three through 10. Vice Chair Russell: And how do we get to net? What is the calculation that gets us to net? Mr. Noriega: I don't have that specific language in front of me. Vice Chair Russell: I believe it subtracts all of their capital infrastructure installation and permitting costs. And that's just a concern, so I'm very open to this concept and I want to vote positively on it. But if we're unsure on what revenue we're getting, when we get it and how much we get, I -- it might be worth taking a pause just to make sure we get it right. Commissioner Reyes: Mr. Chair. Chair Hardemon: Commissioner Reyes, you're recognized. Commissioner Reyes: Yes. That all depends then that in their costs they are -- I mean, they are including the capital expenditures. If they are including the capital expenditure, which will be expended in so many years, then we should -- I mean, and we got a big concern. But if it is only on their operational cost -- Commissioner Carollo: Yeah. Commissioner Reyes: -- the net in operational cost, then that's totally derent. Am I right, Mr. Mayor -- City Manager? Mr. Noriega: I'm going to get that answer in a minute, because what I have in front of me -- Commissioner Reyes: If it is on the operational budget, and that is the cost of operating minus -- I mean revenues minus the cost of operating, then we should get that without including the capital cost of -- that is the cost of doing business that they have to accept, and they have to eat it, too. Annie Perez (Director, Purchasing): Chairman? Mr. Noriega: Zerry and Annie are both on. One of them should be able to answer specifically the section related to how the net calculation is defined. City of Miami Page 43 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: You're recognized. Ms. Perez: Good morning, Commissioners. Annie Perez, Director of Procurement. Just a few things, a few clarifications for Commissioner Russell and for Madam City Attorney. We do have an addendum to this contract that we typically do to include some of our things that are bound by State statutes, like public records, et cetera, and we do have a termination for convenience with a 30-day notice, and it's our typical termination for convenience language. That's number one. So that's our exit strategy I guess that you could say. It's not specific as to it's going to occur after the 10 years; it's just our basic termination for convenience language. Vice Chair Russell: Mr. Chairman, a question for Annie on the termination clause. Chair Hardemon: You're recognized. Vice Chair Russell: If we do terminate early, do we have to amortize all of the capital investment that they've made and actually pay back any revenues we've gotten based on net? Ms. Mendez: That's what I wanted to clam. I understand that we have it in our addendum, but that's not -- I don't think that the termination for convenience is anything that they have considered. So we have not talked about anything like that, about ending early, because they do have certain costs, so I think that that's something that needs to be discussed further. Chair Hardemon: Commissioner Carollo, you're muted. Commissioner Carollo: I'm reading from what was handed to me that should be in the package, and this is Ike Smart City, City of Miami shown here, and it's on Page -- the pages aren't -- they don't have numbers on them, but it's on Page 5. It says, "Revenue Share 'A,"' in the bottom. "The City of Miami will receive 20 percent of gross advertising revenue in years one and two, and 40 percent of gross advertising revenues in year three through the end of the term. 'B,' Ike Smart City will pay for all costs, including software development, hardware, install, repair and maintenance." Now, Mr. Manager, I'm given something as my backup that says "gross." How did this turn to be net? How did it turn out to be net? Mr. Noriega: Commissioner, I'm not sure how you received that document, but to be clear, the St. Louis RFP (Request for Proposals) specifically states that it's net revenue, not gross. So we're going to need to get a little bit of clarification on that. Commissioner Carollo: Well, then you know what? Maybe Commissioner Russell is correct. We need to, you know, go over this again because I was going on something based on gross. Chair Hardemon: Commissioner, Alex Diaz de la Portilla. Commissioner Diaz de la Portilla: I think -- me too. I mean, my understanding was that it was based on gross revenue; and so, can we take a look at that now, Mr. Manager, and see what the language actually says? Do you have it there in front of you or does someone on your staff have it that we can see what it says? Ms. Perez: I can chime in. Commissioner Diaz de la Portilla: It's a big derence. It's a big difference, obviously. That's a deal breaker for me if it's net and not gross because I operated under the impression that it was gross. City of Miami Page 44 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Vice Chair Russell: We did interrupt Annie. I apologize. Ms. Perez: If I may. So our City Manager is actually correct. The contract does state 20 percent of net revenue through year two; 40 percent of net revenue years three through ten. And I'm going to define what "net revenue" is. So net revenue is gross less utility connection fees, less all costs incurred for utility services, less repair, maintenance, cleaning and warranty costs, and lastly, depreciation costs. So that is how the contract defines net revenue. Commissioner Reyes: No capital, prorated capital expenditures. Ms. Perez: Well, the depreciation -- Mr. Noriega: No, but there is depreciation in there. Ms. Perez: There's depreciation. Commissioner Reyes: That's right. Vice Chair Russell: Can we get a projection of what that would yield on a -- they know what their capacity is for advertising, so we should be able to get a projection of what these revenues look like in a worst -case scenario. Commissioner Diaz de la Portilla: Well, there's -- Chair Hardemon: You're recognized, Commissioner. Commissioner Diaz de la Portilla: -- is there any representative of the company that can test fy and give us some answers to these questions? Commissioner Reyes: I have a question, Madam City Attorney. I know that we are piggybacking, because, I mean, this is the way that it was structured. But if the company wants to -- I mean, the company commits to changing it instead of net to gross, would -- I mean, outside of the contract --? Ms. Mendez: A bid waiver. Commissioner Reyes: Huh? Ms. Mendez: It would have to be four -fifths and a bid waiver, and we'd have to reset it. Commissioner Reyes: You'd have to reset it and it's -- but it could be done? Ms. Mendez: Yes. You could definitely negotiate more favorable terms. Commissioner Reyes: Okay. Ms. Mendez: It would have to be a bid waiver. It would have to be reset, and it would have to be voted on after it's advertised as a bid waiver. Commissioner Reyes: I agree that -- with Commissioner Carollo and Commissioner Diaz de la Portilla, and I also -- you know, we could analyze this a little bit more and try to get the company to commit to what Commissioner Carollo read, which is gross revenues. City of Miami Page 45 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Commissioner Carollo: That's what we were given. We were given this information in the backup. Commissioner Reyes: And our decision, Commissioner, was made based on that information. That's it. Commissioner Diaz de la Portilla: I have the same information here. Commissioner Reyes: Yes. Commissioner Carollo: Yeah. I have great problems with what's in the contract versus what we got that is what I was going by all along. So I think the way to go is forget about piggybacking. Let's negotiate this to the terms that I think that I hear all of us want, which is a fair gross number. In fact, I will tell you right now, this contract, I assume that they were only giving us in the first two years the 20 percent, because that's where they were going to make up the money for installing it. I wasn't crazy about that already, but I assumed that that's what it was for. Now, from what is read to me that's in -- and what I just heard that's in the contract, is different than "B," of what we have here. It says that Ike Smart City will pay for all costs, including software development, hardware, install, repair, and maintenance, in addition of the gross versus net. So I think this needs to be tabled. We need to bring it back the right way, not piggybacking. If a majority of us want to vote for it, I think we'll have the 4/5ths, but this is going to have to be renegotiated. Chair Hardemon: Okay. So is there a motion, then, to continue it to the next agenda, or you want to indefinitely defer it, or how do you want to do this? Commissioner Carollo: I will make a motion to continue it to the next agenda. I think we could be ready by the next agenda; if not, then we'll defer it again, but I think we could be ready by the next agenda. Ms. Mendez: Okay. Just -- I wanted to remind everyone that print and any negotiations and all that would have to be done by Monday, so the Administration would really have to work on this issue. Commissioner Carollo: Well -- Commissioner Diaz de la Portilla: Mr. Chair? Chair Hardemon: You're recognized, Commissioner. Commissioner Diaz de la Portilla: We could put it on the agenda, and then if you continue the negotiation; just notice it. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: Come the Commission meeting, we can have a final product. It's just -- Ms. Mendez: So if we are noticing it as a 4/5ths, I'm just -- it could be a substitute at that point, and then that could be -- Commissioner Diaz de la Portilla: Correct. Ms. Mendez: -- five-day rule. Commissioner Reyes: That's right. City of Miami Page 46 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Ms. Mendez: So I just want everybody to understand that. Commissioner Diaz de la Portilla: All right. We'll defer it again. But, I mean, the idea, I think, what Commissioner Carollo wants to do is, he wants to attain finality in what we do, because we can't continue to defer things and defer things. Either we do it or we don't. Ms. Mendez: Right. I just -- Commissioner Diaz de la Portilla: But we got to make a decision. Ms. Mendez: -- I needed all of you to remember when the print deadlines were, and that this would be a different document then. It wouldn't be fine -- you know. So that's why I had to bring it up. Commissioner Carollo: You know, I think we all agree, no "shoo -shoos" on this one, right? Commissioner Diaz de la Portilla: No; no "choo-choos." Commissioner Carollo: No "choo-choos." Commissioner Reyes: Commissioner Carollo -- Mr. Noriega: If I may, Mr. Chair? Commissioner Reyes: -- no "choo-choos." Chair Hardemon: The Manager; then Commissioner Russell. Mr. Noriega: Well, I need very clear direction, because there's been a lot of discussion here, but I want to be -- I want it crystal clear what direction I'm being given relative to the revenue portion of it, because it is, as defined -- obviously, if we're moving away from the piggyback -- but it is clearly defined. They call it "gross revenue," but it's gross revenue net; certain specific expenditures and depreciation calculations. So it's a funny way of playing with the wording. Commissioner Reyes: Yes. Mr. Noriega: It's not gross revenue. So let's be clear. Is the intent to identy the revenue stream as a straight gross, without any backing up -- backing out of expenses? Commissioner Carollo: I would put it that way, Art; 40 percent, as you described, is straight gross. I mean, frankly, by doing it that way, they're covering themselves, because they got 10 percent that they could cover any of the other expenses they have in that, and I would go with straight gross, 40 percent. Commissioner Reyes: Well, let's wait and see what our City Manager can negotiate with this and assist. Commissioner Carollo: The only thing that maybe we could give the Manager some leeway -- Commissioner Reyes: Yes. City of Miami Page 47 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Commissioner Carollo: -- on the gross would be inclined, maybe, to take out of gross would be a fixed percentage that we agree to, that it be no more than a fixed percentage for whatever they have to pay national firms or local firms -- usually it would be national -- for the advertisement; whatever fee they pay for getting that advertisement. But outside of that, everything else should be gross. Mr. Noriega: Well, then, what we'd do then is really just modem the gross number. So if it's -- Commissioner Diaz de la Portilla: Yes. Mr. Noriega: -- 40 percent and the intent was 2 or 3 percent allocated for a media buy or whatever, then the number just gets adjusted to 37 or 38 percent. Commissioner Diaz de la Portilla: Absolutely. Mr. Noriega: Then it should just be a flat gross, and I -- we'll proceed in that manner. Commissioner Carollo: Well, I would prefer that we give them a fixed number that -- of what the industry usually gets on advertising that people sell and provide, and then we go from the gross minus that. I think that would be a lot clearer and cleaner. Mr. Noriega: Okay. Chair Hardemon: You're recognized, Commissioner. Commissioner Diaz de la Portilla: Oh, thank you. Obviously, it has to make sense for both entities, right? So I want to give some, because otherwise, they won't do it or no company will do it, because they're going to make their money, and we got to drive the hardest bargain we could drive, right? So the 40 percent, I agree. But I think the original proposal was 20 and 40; 20 for the first couple years, and then 40 for the next year, and not 40 across the board, unless, Commissioner Carollo, you want to do 40 across the board. But within that debate, I think we should give the Manager some flexibility, obviously, ask him -- and be very clear that we have to get the best possible deal for the City of Miami for our taxpayers. That's the number -one priority. Commissioner Carollo: That's correct. I would like to see the 40 across the board, but in the first two years, I will give the Manager some leeway based upon what information they give him of what their actual cost is going to be. Commissioner Diaz de la Portilla: Correct. Give some flexibility for him to come up with something, and if it works, it works, and if it doesn't, it doesn't. Commissioner Reyes: That's exactly what I said; that we have to give the Manager the authority and flexibility to -- I mean, he is the one that is negotiating the deal. Commissioner Diaz de la Portilla: And this will be the first opportunity to see -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: -- Mr. Noriega's negotiating skills, how fine they are, how intense they are, and it's a really good test for Mr. Noriega, I think, for our Manager now. Commissioner Reyes: We'll all be looking at that. City of Miami Page 48 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Commissioner Diaz de la Portilla: Yes, I will be very carefully. Commissioner Carollo: Well, I hope he won't come with anything less than they've offered in this contract. (UNINTELLIGIBLE) on another contract. Commissioner Reyes: Yes. Mr. Noriega: I'm up to the challenge. Commissioner Carollo: Good. Commissioner Reyes: Okay. Chair Hardemon: Well, then, Commissioner Carollo, you move to continue RE.4 to the next agenda? Commissioner Carollo: Yes. Commissioner Diaz de la Portilla: Second. Chair Hardemon: It's been seconded by Commissioner Diaz de la Portilla. Any discussion? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: That motion carries. Ms. Mendez: Chairman? Chair Hardemon: Yes. Ms. Mendez: I just wanted to clam that that item may have to be a new item, so I don't know if we -- you know -- Chair Hardemon: No, I understand. Ms. Mendez: Okay. Chair Hardemon: I understand. But that item is continued, and then you may produce a new item for a 4/5ths vote. Ms. Mendez: Thank you. Mayor Francis Suarez: Mr. Chair, ifI may? Chair Hardemon: You're recognized, Mr. Mayor. Mayor Suarez: Thank you, Mr. Chair. First of all, I want to commend Commissioner Carollo for the pocket item on inviting the National Guard to the airport to screen passengers. I think that is a great idea, and I think something needs to be done, as he mentioned, about the airport and the millions of people that are coming through our airport, you know. I want to thank Commissioner Diaz de la Portilla for supporting my request of the President to shut down flights from COVID-19 hotspots; something that Puerto Rico has now done; American Airlines did of its own volition the following Sunday. And so, I really want to thank Commissioner for coming up with something that I think would be a good fit in the absence of you know, them shutting down those flights. So I commend you, Commissioner, for that idea. It's a good idea. City of Miami Page 49 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 RE.5 RESOLUTION 7260 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE APPOINTMENT AND COMPENSATION OF CHRISTINA CRESPI AS THE EXECUTIVE DIRECTOR OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA. ENACTMENT NUMBER: R-20-0109 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item RE.5, please see Item RE.1. RE.6 RESOLUTION 7265 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A ONE (1) YEAR PILOT PROGRAM FOR THE USE OF ELECTRIC CARGO BICYCLES ("E- CARGO BIKES") FOR DELIVERY PURPOSES AS AN ENVIRONMENTALLY FRIENDLY AND CONGESTION -REDUCING ALTERNATIVE TO LARGE DELIVERY TRUCKS IN THE DOWNTOWN AREA, BRICKELL AREA, AND CORAL WAY AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER PROVIDING MINIMUM REQUIREMENTS FOR PILOT PROGRAM PARTICIPATION, INCLUDING OBTAINING A CITY OF MIAMI ("CITY") BUSINESS TAX RECEIPT, INSURANCE, AND FURNISHING A SIGNED AND NOTARIZED HOLD HARMLESS FORM TO THE CITY. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item RE.6 was deferred to the April 23, 2020, City Commission Meeting. For minutes referencing Item RE.6, please see "Order of the Day" and Item RE.1. City ofMiami Page 50 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 RE.7 RESOLUTION 7329 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), SUPPORTING THE PASSAGE OF FEDERAL LAW H.R. 6201, THE CORONA VIRUS RESPONSE ACT; FURTHER RESOLVING THAT DURING THE DECLARED PRESENT STATE OF EMERGENCY DUE TO THE CORONA VIRUS, ALSO KNOWN AS COVID-19, NO CITY OF MIAMI EMPLOYEE WILL LOSE HIS OR HER PAY FOR REGULAR OR SCHEDULED HOURS OF EMPLOYMENT AND/OR APPLICABLE BENEFITS. ENACTMENT NUMBER: R-20-0110 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item RE.7, please see Item RE.1. RE.8 RESOLUTION 7319 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION NOT EXERCISING ITS CANCELLATION AUTHORITY UNDER THE EXISTING REVOCABLE LICENSE AGREEMENT WITH EVENT ENTERTAINMENT GROUP, INC. ("LICENSEE") FOR THE ULTRA MUSIC FESTIVAL ("EVENT") TO BE HELD AT THE CITY -OWNED PROPERTY KNOWN AS BAYFRONT PARK ("PROPERTY") IN 2021 AND NOT OPPOSING THE LICENSEE'S INTENTION TO HOST THE EVENT AT THE PROPERTY IN 2022. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item RE.8 was deferred to the June 11, 2020, City Commission Meeting. For minutes referencing Item RE.8, please see "Order of the Day," "Public Comment for all Items," and Item RE.1. City of Miami Page 51 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 RE.9 RESOLUTION 7327 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE MOTORIZED SCOOTER PILOT PROGRAM FOR AN ADDITIONAL TWO (2) MONTHS FROM APRIL 15, 2020 TO JUNE 15, 2020. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item RE.9, please "Order of the Day" and see Item RE.1. RE.10 RESOLUTION 7337 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING GRANT FUNDS FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000.00) TO THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR THE YOUTH EMPLOYMENT PROGRAM. ENACTMENT NUMBER: R-20-0111 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item RE.10, please see Item RE.1. City of Miami Page 52 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 RE.11 RESOLUTION 7354 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING IN ITS ENTIRETY RESOLUTION NO. 19-0420 ADOPTED ON OCTOBER 24, 2019 AND DE -ALLOCATING ANTI -POVERTY INITIATIVE ("API") FUNDS IN THE TOTAL AMOUNT OF TWENTY- FIVE THOUSAND DOLLARS ($25,000.00) ("FUNDS") THAT WERE PREVIOUSLY AWARDED TO THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., A FOREIGN NOT FOR PROFIT CORPORATION ("NAACP"), ON BEHALF OF THE MIAMI-DADE BRANCH OF THE NAACP IN SUPPORT OF THE NAACP'S FREEDOM FUND; FURTHER, PURSUANT TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), RE -ALLOCATING THE FUNDS FROM THE MAYOR'S SHARE OF THE CITY'S ANTI- POVERTY INITIATIVE TO THE RESOURCE ROOM, A FOREIGN NOT FOR PROFIT CORPORATION, ON BEHALF OF THE MIAMI- DADE BRANCH OF THE NAACP FOR ITS FREEDOM FUND; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0112 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item RE.11, please see Item RE.1. END OF RESOLUTIONS City of Miami Page 53 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 6789 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "GREEN INITIATIVES", BY ADDING ARTICLE VII, TITLED "FLORIDA-FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES," TO REQUIRE FLORIDA- FRIENDLY LANDSCAPE PRACTICES; TO PROVIDE FOR COMPLIANCE WITH STATE LAW; TO PROVIDE FOR DEFINITIONS; TO PROVIDE FOR OTHER GENERAL REQUIREMENTS CONTAINED IN THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13896 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Okay. So at this point, what 171 ask the City Attorney to do is to read into the record the second reading ordinances. Please read all of them, SR.1 through SR.4, into the record and then we'll come back and we'll address each one of them. Victoria Mendez (City Attorney): Chairman, just to be clear and for public comment purposes, I believe that -- can we have public comment end at noon so that IT (Information Technology) can put everything together and be able to relay it to all of you in an orderly fashion based on all of these pockets? Chair Hardemon: Allow them to put -- start putting it together now. Ms. Mendez: Apparently, there's IT issues that I -- they need to like have a -- Chair Hardemon: Okay but we're not addressing the pocket items just yet, so let's read into the record, and then we'll get there when we get there. Ms. Mendez: Okay. Chair Hardemon: So read SR.1 through SR.4 into the record. Ms. Mendez: SR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That is SR.1. SR.2. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 54 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Ms. Mendez: SR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And SR.4: An ordinance of the Miami City Commission amending Chapter -- Chair Hardemon: Before we get to SR.4, do you think that we should continue this to the next agenda item with the other items that it pertains to? Commissioner Reyes: This has to do with the kiosk, right? Chair Hardemon: Right. Ms. Mendez: Right. Commissioner Reyes: If we don't have this one, we cannot vote in favor of the kiosk. Chair Hardemon: Correct. Ms. Mendez: Correct. It depends, because we were only -- it depends what type of policy you're interested in. Are you interested in having this ordinance available to you? Remember, it's a nonexclusive contract, so any other providers could come in and do these types of things. So it depends what your -- if you don't want this, then we don't do it, and we could reschedule it for next time. If you want this policy change, then we do it today. It's up to you. Chair Hardemon: Commissioner Russell then Commissioner Alex Diaz de la Portilla. Vice Chair Russell: Thank you. If this ordinance section of the item is not related to the procurement side with that particular company, I would be in favor of moving forward with the ordinance side of this. Chair Hardemon: Commissioner. Commissioner Diaz de la Portilla: Yeah. So would I. I mean, if it opens it up to other competitors that could come in and we can get a better deal as a result, let's do it. Commissioner Reyes: That's right. Chair Hardemon: (INAUDIBLE). Commissioner Diaz de la Portilla: So I agree with him. That's the whole idea is to get the best possible deal. If we pass the ordinance, it's not related to procurement or giving a contract to any particular vendor, we open it up and we see what we get. Chair Hardemon: All right. You can read it into the record. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there a motion to approve the SR (Second Reading) agenda? Vice Chair Russell: So moved. Commissioner Reyes: Second. City of Miami Page 55 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: It's been properly moved -- Commissioner Carollo: IfI could have -- Chair Hardemon: -- and seconded. Commissioner Carollo: SR.2 -- Chair Hardemon: (INAUDIBLE). Commissioner Carollo: -- pulled from the group so we could vote on it separately. Chair Hardemon: Okay. Commissioner Reyes: That's the food truck. Chair Hardemon: Moved and seconded. Commissioner Reyes: That's the food truck. Commissioner Carollo: Yeah. Chair Hardemon: The mover and seconder agree to that? Commissioner Reyes: I agree with it. Chair Hardemon: Okay. So the motion is to approve SR.1, 3 and 4. Commissioner Carollo: Well, 4 is the one that was with the kiosk so -- Commissioner Reyes: Yes. Commissioner Carollo: -- don't we have to pull that one out, too, now or not? Commissioner Reyes: Not necessarily. What we're doing is we are allowing people to come, and if they want to establish those kiosks, then it will be a competition for the other ones for everybody, you see. We are opening up the possibility of having a kiosk in the City of Miami, and offering us whatever type of benefits they think that will get our attention, and that's what this will do, you see. Commissioner Carollo: Okay. All right. Commissioner Reyes: Well that's my opinion. I don't know if anybody thinks differently but I think it's -- Ms. Mendez: Yes. Commissioner Reyes: -- we will have to have this in order to be able to approve the other one. Commissioner Carollo: Okay. Chair Hardemon: Okay, so it's been properly moved and seconded that we approve SR.1, 3 and 4. Any further discussion? Seeing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. City of Miami Page 56 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: All against? Motion carries. Mr. Clerk, you captured that, right? Todd B. Hannon (City Clerk): Good to go, sir. Chair Hardemon: Thank you very much. SR.2 ORDINANCE Second Reading 7068 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR);" MORE PARTICULARLY BY AMENDING SECTION 31- 51, TITLED "FOOD TRUCKS OPERATING ON PRIVATE LAND," TO MODIFY THE REGULATIONS FOR FOOD TRUCKS OPERATING ON PRIVATE LAND, INCLUDING BUT NOT LIMITED TO REQUIRING SITE PLAN APPROVAL FOR FOOD TRUCKS THAT PARK OVERNIGHT OR ARE PRESENT MORE THAN THREE (3) DAYS A WEEK ON PRIVATE PROPERTY; CREATING STANDARDS FOR SUCH SITE PLAN APPROVAL; PROVIDING FOR AN EXEMPTION OF FOOD TRUCK REQUIREMENTS FOR PROPERTIES USED BY RELIGIOUS OR EDUCATIONAL INSTITUTIONS AND AN EXEMPTION FROM CERTAIN REQUIREMENTS FOR FOOD TRUCKS ENGAGED SOLELY IN APPLICATION -BASED MEAL PRODUCTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item SR.2 was continued to the May 14, 2020, City Commission Meeting. Note for the Record: For directive referencing Item SR.2, Please see Item NA.4. For additional minutes referencing Item SR.2, please see Item SR.1. Chair Hardemon: SR. 2. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Oh, then Commissioner Russell. Vice Chair Russell: Thank you. With regard to food trucks, I just wanted to bring to everyone's attention what's been going on in the background with the Manager, the DREAM (Department of Real Estate and Asset Management) Department, and food trucks, and satellite kitchens. For lack of this ordinance, we've had to force these satellite kitchens that will be servicing a lot of our meal providing not only for regular business to our residents but also within meals programs to our city properties, because without this ordinance, they have to move around every three days where the company -- one of the companies that's trying to do this owns parking lots, and they City of Miami Page 57 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 own the satellite kitchens but they can't stay stationary and these kitchens aren't like food trucks. They're more like shipping containers. So this ordinance would help us, and it would also help food trucks in general to serve our residents, which they are one of the more nimble low overhead, low manpower food delivery options that people have to call, and they have options for apps for delivery. And the ordinance still does keep it out of District 3, so it would not be allowed in District 3, but the ordinance will allow food trucks on private property in a certain way, and then the satellite kitchens to operate, which we do need right now. Chair Hardemon: You're recognized, Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Thank you. I have a question for our Manager. Mr. Manager, under your executive -- your emergency powers now, do you have the ability to waive this ordinance to allow food trucks and these (INAUDIBLE)? Arthur Noriega (City Manager): (INAUDIBLE) waive the ordinance for these (INAUDIBLE) defined to operate on certain City properties. We've been negotiating with them. That's not finalized yet. In terms of a couple locations on City property was an opportunity for us to add another food option and another food element citywide in addition to what we already have. So I -- we really just were approaching it as a temporary solution to allow for additional food alternatives for our residents. Commissioner Diaz de la Portilla: But my question is, do we need to pass this to -- for you to do what you do now? Mr. Noriega: No. Commissioner Diaz de la Portilla: Okay. So (INAUDIBLE) two different debates, right? It's one -- Mr. Noriega: Well, he -- the Commissioner's just bringing it up, something that we're working on that we've been working on separate from this. This ordinance is a -- what we created was an emergency solution, but the ordinance is obviously a separate item. Commissioner Diaz de la Portilla: It's an emergency solution for a specific time in history that something really bad has happened. So you have the power to do all these different things now under the emergency ordinance that you can issue. And you don't need this ordinance to do this. This is really a debate -- this ordinance is a debate about the future of food trucks in our community, not about what's happening now; is that correct? Mr. Noriega: Yes. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Commissioner Russell. Vice Chair Russell: Just to clam though, Art, if you could help me out here. I was told that even under your emergency powers, you could not allow them to operate as they were going to on their properties. And so, you've made a workaround to put them on -- Mr. Noriega: Yes. Vice Chair Russell: -- our properties. So your powers did not allow them to do what they were trying to do to service the community during this crisis. But by putting them City of Miami Page 58 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 on our property, there's all these additional -- I mean, we've slowed it down. They haven 't been able to serve now for the last two weeks. They still have electric hookups. They haven 't even figured out who's paying for that. They're working out a contract with DREAM. They wouldn 't have had to do any of that if they could just operate on those private properties. And I don't see why your powers don't allow you to allow them to work on those private properties regardless of our Code at this moment, because we have these food needs. They have the infrastructure. They have the property. But I was told you did not have the ability to allow them. I would venture to disagree; that you do have the ability under the emergency order to allow them to operate on those private properties. We've really had to do a heavy workaround to bring them onto our City properties, which I'm trying to cooperate and make it happen but I don't think it was necessary, and I was just hoping this ordinance would clear it up, so they would have the right. But if you have the power to do it without this ordinance, I'm okay. But I think we're doing a lot of extra work to work around what this ordinance would have solved. Mr. Noriega: I'll let the City Attorney opine to whether I have the ability to modem the Code, per se, without -- Ms. Mendez: Right. What -- Mr. Noriega: -- as part of my emergency powers but -- Ms. Mendez: -- what -- Vice Chair Russell: Not to modify the Code; just allow them temporarily to operate on private property. Ms. Mendez: -- this all has to do with is enforcement at the end of the day. So it's whether or not it is enforced, whether or not the Code is enforced, whether or not, you know, they are stopped from using (INAUDIBLE). Vice Chair Russell: I would disagree. They want to be a long-term operator, so they don't want to violate our Code, even if we're not going to enforce it right now. They don't want a stain on their record. They don't want to be bad (INAUDIBLE). Ms. Mendez: But it's an enforcement -- at the end of the day, it's an enforcement issue, and that's what -- Mr. Noriega: But my emergency -- Ms. Mendez: -- the Manager has powers to -- Mr. Noriega: -- but also, let's keep in mind that my emergency powers are limited to the amount of time we have in which an emergency has been declared, actually. I don't have the ability to extend this in perpetuity. So at some point, the emergency -- the declaration of an emergency is going to cease, right? So they'll have to stop operating in that capacity, as well. The other thing that I want to point out so that we have some clarity to that is that if I open it up for this -- in this particular case, it may open up other unintended consequences with other types of vendors. I'm pointing that out. I don't have any issue with it. If you say I can do it, fine. I don't have any issue with letting them operate where they're operating now. I think it ultimately solves the same problem. But with the understanding that at some point, right, the declaration of an emergency is going to end. That could be a month from now. That could be six weeks from now. It could be two months from now. They're going to have to immediately stop operating, anyway. So if the intent is -- if there's a desire to move City of Miami Page 59 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 this legislation forward, it'd be better to move it forward, because then there's not -- I'm not getting squeezed in terms of the timeline. Vice Chair Russell: I'll move the item if the support is there. Chair Hardemon: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Well, no, the only thing I'm pointing out is that Commissioner Russell said that he -- certain things cannot be done to feed people that need to be fed in our community now, and that we need this ordinance -- or he implied it at least -- or that we need this to get that done. He was marrying two things that shouldn 't be married. There's a debate about food trucks that's been going on in this city for years, and will continue to go on. That's a debate that needs to be had; I agree with that. But that has nothing to do with feeding people or not being able to feed people during this crisis. That's my point. He was marrying two things that should not be married. They're two different debates. Commissioner Reyes: I -- Mr. Chair? Chair Hardemon: Yes. Commissioner Reyes: I do agree that they shouldn 't been married but I have a concern with this. My main concern is something that I witnessed in my district. There was a food truck that was on a private property. It was an empty lot (INAUDIBLE) backyard of a house and they were serving food. What I want to know if the ordinance allows them in neighborhoods, in a neighborhood to just go to a private lot and establish themselves there as a restaurant, and keep on serving food. Madam City Attorney, does allow -- this does allow that? Ms. Mendez: You said in a residential area? Commissioner Reyes: In a residential area. Ms. Mendez: No, no, it does not. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: But they can go in front of a restaurant? Commissioner Reyes: They could go in front of a restaurant that is empty, and start competing with the brick and mortars. Commissioner Diaz de la Portilla: Right. And I think that was -- that's been Commissioner Carollo's concern all along at the last Commission meeting -- Commissioner Reyes: Absolutely, absolutely. Commissioner Diaz de la Portilla: -- removing District 3 from it. I'm not against food trucks, but I do have a concern about, you know, brick and mortar restaurants that pay construction costs, and taxes, and a lot more expense, a lot more overhead than these food trucks. And they park in front and can take that business away. So this is a much broader, deeper debate that needs to be had about this. So I'm just a little bit concerned about doing it like this. I will probably not support it as it is now, because I'm not happy with what it looks like right now. Commissioner Reyes: Mr. Chair -- Keon. City of Miami Page 60 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: You're recognized, sir, Commissioner Reyes. Commissioner Reyes: Yes. I think that we're talking about two derent things here. Mr. Russell is talking about those permanent kitchens that they're going to be quasi - permanent, that they are going to act as restaurants for different restaurants, and they will be only takeout, and they will distribute and deliver the food from those particular restaurants, the restaurants that come and work with them. And we're talking about -- and now we're including food trucks, that they move around, you see, that they're going to be moving around, and they're being established, as Commissioner Diaz de la Portilla said. If it is an empty lot, which is a private property across the street from a restaurant, they could establish themselves there, and then they will be competing with an institution -- a brick and mortar institution that has different expenditures, different costs, and are paying different taxes to the City of Miami. And I don't want to see that. That's a big -- that's a huge concern that I also have. And I think that we have to divide this, too. This is not -- the kitchen is one thing and the food trucks is another, you see. Chair Hardemon: Gentlemen, then what's the action that's being requested on this item? Vice Chair Russell: I'd like to move the item, and I'd like to clam one last thing with the Manager. Just a simple question, Manager, to clam some of this discussion. If this ordinance were in place, isn't it true that seven kitchens would have been operating for this last two weeks serving the public that have not been? Commissioner Reyes: Okay, let me ask you something. Vice Chair Russell: I --just if the Manager could answer, because I think that goes to the point of why I brought the crisis into this discussion. They have not been able to operate. We're trying to find a way for them to operate, and they may get there, but we have lost two weeks offood supply to our community because -- Commissioner Diaz de la Portilla: The Manager with emergency powers can do this. We don't need to have -- Vice Chair Russell: I agree with you. I agree with (INAUDIBLE) -- Mr. Noriega: If I can. I think what the Commissioner's trying to clarify is if this had passed the first time it was up for reading, would they have been in place by now? The answer would be, yes, they would have, obviously. But this legislation hasn't passed, so obviously, they have not had the ability to operate as a result. Commissioner Diaz de la Portilla: No, no because it's second reading. It doesn't become a law until it clears second reading, so they couldn't have done it in the first reading. They had to have waited for it to become law. So you couldn't have -- there's no correlation here. There's two d fferent debates, and the insistence on trying to make it one thing, it's not. You can do whatever you want right now in terms of these concerns, these seven kitchens that Commissioner Russell -- and he agrees with me -- is talking about. You could do it -- Unidentified Speaker: No. Commissioner Diaz de la Portilla: -- under your emergency -- let me finish please -- powers. We don't need to do this ordinance right now. And I think this is a debate that needs to be had. I think other Commissioners have concerns about these food trucks that have been expressed in the past. I have some. I don't happen to have that restaurant problem, because I have very few restaurants, really, in my district, City of Miami Page 61 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 unfortunately. So the food trucks are actually something good for the district I represent, but with certain limitations and certain concerns about the brick and mortar arguments that Commissioner Reyes and I have been making that it's an unfair competitive advantage. It's not an even playing field for these brick and mortar establishments that pay taxes, and have additional overhead, and construction costs, and all these other things. So I think I'm going to vote against it. I'm not happy with it the way it is right now, but I'm very, very open and willing to have the debate in the near future about doing something that works for -- is amenable to the majority of this Commission. Mr. Noriega: Commissioner, if I may? So to talk a little bit about the history, it passed on first reading in January, and it was up for second reading March 12, and was deferred. So that's where we -- we're sort of addressing the timeline a little bit. That's what I was referencing. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Another question, you see, my question is, last meeting, last time we talked about this, there were some conditions that were placed that -- distance and all of that, and distance from restaurant. And I want to avoid that. I don't know if those conditions -- I want to make sure that they are in place, that we will not have the problem that Commissioner Diaz de la Portilla is expressing, and myself and all the concerns that Commissioner Carollo also has. So let's -- I mean, I don't know. You want to defer this or --? I don't know what -- or we can separate the kitchens from the food trucks. I don't know. Chair Hardemon: Commissioner Carollo. Commissioner Carollo: Look, more than ever now, I think we need to really walk very softly with this ordinance. We have the vast majority of our restaurants -- Commissioner Reyes: Closed. Commissioner Carollo: -- and when we're talking about restaurants in the City of Miami, we're not talking about the glitzy, expensive type of restaurants like they have in South Beach, the Gables or even Brickell. Most -- Commissioner Reyes: Be careful. Commissioner Carollo: -- of our neighborhoods, they're -- Commissioner Reyes: Be careful. Commissioner Carollo: -- restaurants that, you know, are not that expensive. And all those are closed today. So if we're going to be bringing in food trucks and what have you, we're going to put those brick and mortar restaurants even in worse shape than I anticipated that they could be in before this crisis. Now with the crisis, we're almost going to assure that many of them are not going to ever open up again if we're going to be putting food trucks out there to compete against them. Mayor Suarez: Madam Chair -- Mr. Chair, can I just ask a question -- Chair Hardemon: Please. Mayor Suarez: -- of the City Attorney? You know, Commissioner Diaz de la Portilla brings up a good point that there is -- historically from the beginning of this debate, there's always been an argument about the brick and mortar restaurants having to City of Miami Page 62 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 pay taxes, and having to pay all these other fees. Is there a way to look at like a franchise fee, like for example, we do other -- you know, with -- so then to sort of equalize the playing field, if you will, so that somebody who's doing a food truck doesn't get a competitive advantage over someone who doesn't have -- you know, who's paying, you know, all these additional expenses that they have to pay? I mean, I -- it's always been a -- it's the same issue that always comes up with food trucks. And I think there's a good point to be made that if you are a brick and mortar restaurant, you've got to pay for a lot of things that you don't have to pay for if you're a food truck. So I'm just curious as to -- if there's a franchise fee -- maybe we can franchise -- and that's another way of us knowing, you know, who's there. Commissioner Carollo: Chair. Ms. Mendez: You can franchise the operation offood trucks like you can franchise a lot of businesses. The thing would be your definition of a food truck. And right now, the definitions offood trucks vary. So remember that when we were growing up, there was always the -- you know -- ones that went to construction sites, or the little hot dog vendor. What is a food truck? So that's where I think you just need to define it appropriately. Mayor Suarez: And I'm okay with that. Commissioner Diaz de la Portilla: Would an "heladero" be a food truck? Ms. Mendez: I mean -- Unidentified Speaker: Yeah. Ms. Mendez: -- yes, it is. I mean, "heladero," of course. Commissioner Diaz de la Portilla: I grew up with that. Those I'm okay with. Commissioner Reyes: Except we have not make an exception for "el heladero." Commissioner Carollo: I think the Mayor -- Vice Chair Russell: Mr. Chairman. Commissioner Carollo: -- has said a noble idea but here's the problem with that. One, any brick and mortar place is going to be right up front, going to be spending a heck of a lot more money to fix up a restaurant, put kitchens in there, tables, et cetera, than any food truck, no matter how expensive they are. Secondly, the restaurants are going to be paying a heck of a lot more per month than any food truck will, because even if they don't own it right out, what they're going to be paying on the loan to have bought the food truck is going to be a fraction of what restaurants that are brick and mortar pay on rent, and I could go on and on, on the difference, where you would have to put such a high number in what a food truck would have to pay that they would want to be working in the City of Miami if you're going to level the playing field with the brick and mortar restaurants. Commissioner Reyes: In other words, you cannot level the playing field. Vice Chair Russell: Mr. Chairman. Commissioner Carollo: You can't. Commissioner Reyes: You can't. City of Miami Page 63 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: Mr. Vice Chairman. Vice Chair Russell: Thank you. I don't sense that the votes are here. I'd like to respect the debate, because this is a deeper debate we need to have about food trucks versus brick and mortar and I fully respect that. I -- and so I'm happy to withdraw the motion as long as I can really -- I really want to make sure that we have direction to the Manager that he has the power to take all steps necessary to ensure a constant food supply within our City during this crisis, and then we can deal with the recovery Commissioner Carollo: We all agree. Vice Chair Russell: -- and restaurants. I've been told he does not have the ability to allow these businesses to operate on private property at the moment. I believe he should. I believe, like Diaz de la Portilla, that he should have that power, and if he doesn't, I would like to offer him that as a Commission right now, because I believe it's a conservative interpretation by the City Attorney. I understand where she's coming from. It's not him amending our Code. It's simply him, during a time of emergency, making sure that food vendors are allowed a continued food supply without having to jump through a million hoops, and move location to City property, and do new hookups, and all these other things. So I'll withdraw my motion, and I would like to at least see if we can give direction to the Manager on making sure of that. Commissioner Reyes: I have a question. I have a question. Chair Hardemon: You're recognized, Commissioner. Commissioner Reyes: Madam City Attorney, according to statute, once the emergency is declared, isn't the City Manager in charge of the City, you see? Is it him that makes -- can make the derent decisions without coming to us that is necessary? Doesn't he has the authority -- Ms. Mendez: He can. Commissioner Reyes: -- in a situation like this that he could say, "Okay, I am going now, I'm going to waive this requirement in order to place here a kitchen that it is going to benefit the residents" -- I mean, "the citizens, the people"? If that is not the case, well, we should give him the power, because I think once we are in a state of emergency, you see, decisions have to be made fast, and decisions that goes in favor of the need of the people that we're going to help the people, it has to be made fast. It doesn't have to wait for the Commission to meet or anything. I mean, that is my opinion. And in a state of emergency that somebody must have the authority to take some actions as needed, see. I don't know. If that's the case, if he has the authority, as it was stated before by all the Commissioners, I think that he can just use his best judgment and say, "We can do this," or "We cannot." Ms. Mendez: So everything -- obviously, everything has to be done with regard to the laws that we have presently in the books. But again, his biggest tool is just the enforcement mechanisms. And obviously, most enforcement on minor things is not occurring right now, because our resources are placed otherwise. So -- Commissioner Reyes: That was not my question. My question is, does he have the authority to do something else? I mean, to -- Ms. Mendez: He doesn't have the authority to work outside our current confines of the law unless those are done as executive orders, or unless they're done as City of Miami Page 64 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 emergency ordinances of the Commission. At the end of the day, he can make certain decisions, but with -- coming back to the Commission later to retroactively approve, because all these contracts and things that we're entering into are going to come before you, you know, in the future. So he has some decision -making but it's not unlimited. Commissioner Reyes: Madam City Attorney, can we, as a legislative body, give him the power, the authority to make decisions as he sees that those decisions are going to benefit the people? Ms. Mendez: If you would like to pass some sort of ordinance, emergency ordinance, the problem is food trucks and the use of private property -- Commissioner Reyes: But I'm not -- Ms. Mendez: -- cannot be done -- Commissioner Reyes: -- specifically talking about food trucks. I'm saying decisions that in a state of emergency that somebody has to make without -- Ms. Mendez: So every time -- Commissioner Reyes: -- us meeting and all that. Ms. Mendez: Right. So a lot of decisions have been done without coming to the Commission. Every time a decision that needs to be made by the Manager that he wants to implement, I get a group of attorneys, we sit down, we look at what it is, and we see whether he can do it or not before -- with or without your consent, what -- yes? Chair Hardemon: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Sorry to interrupt you. So can you get together with those attorneys when we break for lunch, and have that conversation, and come back to us, and let us know if he can do what Commissioner Russell's concerned -- and I am -- and I think we're all concerned about? Ms. Mendez: So what is the exact question that you want? You want these seven food trucks to be able to operate? That's the only question, because Commissioner Reyes was asking me in generalities and so that's all you want. Commissioner Diaz de la Portilla: I think Commissioner Russell can better articulate, because it was his idea to allow these entities to serve food at this particular juncture. I don't want -- I'm not in favor of giving the Manager these broad sweeping powers, or any Manager. Ms. Mendez: Right so -- and that's why -- Commissioner Diaz de la Portilla: Nothing personal against you. I'm just not in favor of doing that for any Manager. Vice Chair Russell: Understood. IfI could then -- Commissioner Diaz de la Portilla: (INAUDIBLE) make decisions along the way. I can understand the flexibility during emergency times has to be given, but not a broad Commissioner Reyes: But I mean, I don't want him to -- marshal law or anything. City of Miami Page 65 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Commissioner Diaz de la Portilla: We don't want it to get too much out of control so we've got to keep -- Commissioner Reyes: That's right but -- Mr. Noriega: With great power comes great responsibility, Commissioner. Commissioner Reyes: -- certain decisions -- Mr. Noriega: With great power comes great responsibility. Commissioner Reyes: -- you know. Commissioner Diaz de la Portilla: With great power comes great responsibility, Spiderman. So I think now Commissioner Russell can better articulate what he wants. Vice Chair Russell: Thank you, Commissioner. So I think if we're very specific here, we're simply asking for the Manager to issue an executive order that would waive the requirement for food trucks and satellite kitchens to move every three days; otherwise, they're in full compliance on private property. It would not enact this ordinance and it wouldn't change anything within the current -- all it's allowing is for those temporary kitchens and food trucks that are operating out there today to be able to operate, because otherwise they are in violation, and they don't want to be in violation. It's not really about enforcement. We don't want to be encouraging people to break the law and say, "We're just not going to come after you." We'd like to give the Manager the power to sort of waive that requirement at this point, and then those seven kitchens could operate now. The food trucks that are at the church could operate now, and they wouldn 't feel that they're in violation of the law. Commissioner Diaz de la Portilla: If I may, Mr. Chair. Can we limit it to two weeks, 14 days instead of --? Vice Chair Russell: Yes, during the emergency period. Commissioner Diaz de la Portilla: And come back to us if we want to approve it again or not so it doesn't get out of hand, and all of a sudden they get used to the fact that they can do it even though the Commission hasn't voted as a matter of public policy for them to do it. Just for this -- for two weeks, we do what you're saying but just for two weeks. Are you amenable to that? Commissioner Reyes: I will limit this to those -- I mean, they could go, the food trucks -- they could not establish themselves at a certain distance of any restaurant that is actually operating on takeout. They could not compete with them. They'd have to be within, what, I mean, the distance that -- I don't know, 500 feet, 1,000 feet, whatever we decide but they cannot -- as Commissioner Carollo stated, we have a bunch of restaurants that they are now -- they are being -- I mean, they're able to pay rent probably, because they are working. They have -- I mean, their operation has been diminished so much that the only thing that they're doing is takeout but that takeout is giving them some revenues. But we cannot -- I mean, I personally would not like for a food truck to just establish itself just across the street from that restaurant and then compete with that brick and mortar business. Chair Hardemon: So what's your opinion on the food giveaways that are directly across the street or competing with these restaurants? Commissioner Reyes: Well, that's for people that needs it, sir. I mean, people -- City of Miami Page 66 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: No, no. My point -- I'm not -- what I'm saying to you is that, you know, I agree. I agree with you. We also have to be considerate of the fact that when we give, you know, food away to people -- Commissioner Reyes: Yes. Chair Hardemon: -- near a restaurant, you're taking business away from that restaurant, because those people would generally buy food from the restaurant. Commissioner Reyes: But -- Chair Hardemon: Of course, there's a need and you can't identy who needs to buy versus who needs free food. All I'm saying is that, generally, if you give free food away near a restaurant, people will take the free food and not spend money at the restaurant. Commissioner Reyes: But that is -- you see, I mean, I'm giving free food also, you see. I mean, there are churches that they are giving free food, and so are you. But we are not operating -- if we're operating next to a restaurant, those people that could afford, they could go and buy the food if they like, the food that is being sold, and if they have the money to do it. But what I'm saying is that people that have money to do it, to go and buy food from a restaurant that we shouldn't place an additional burden to what they're having now, and allowing a food truck to just establish itself across the street. That's all I'm saying, you see. It's a choice that people have and we want those restaurants that they are being -- they are the hardest hit. Later... Chair Hardemon: First, I want to dispose of the SR.2. So if we can continue this to another agenda, that'd be wonderful. Vice Chair Russell: Move to continue. Commissioner Diaz de la Portilla: I called the question. Let's vote on it. Chair Hardemon: It's been -- Vice Chair Russell: I withdrew the motion. We're just -- I'm just moving to continue it. Commissioner Diaz de la Portilla: No. No, Commissioner. Why would you do that? Vice Chair Russell: No, the SR.2, he's saying. Chair Hardemon: SR.2. Vice Chair Russell: The one that's on the agenda. Commissioner Diaz de la Portilla: Oh, SR.2, SR.2, okay. Chair Hardemon: All right. What -- so to the next like meeting then. All right, so it's been properly moved. Is there --? And seconded by the Chair. Commissioner Carollo: Second. Chair Hardemon: More discussion? Hearing none, all in favor, say "aye." City of Miami Page 67 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries. It's continued. SR.3 ORDINANCE Second Reading 6874 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "AUDIT ADVISORY COMMITTEE;" MORE SPECIFICALLY BY AMENDING SECTIONS 2-946 THROUGH 2-951 OF THE CITY CODE; FURTHER AMENDING CHAPTER 18/ARTICLE III OF THE CITY CODE, TITLED "CITY OF MIAMI PROCUREMENT ORDINANCE," TO ADD A NEW SECTION 18-122; AND FURTHER AMENDING CHAPTER 18/ARTICLE IX/DIVISION 2 OF THE CITY CODE, TITLED "FINANCIAL INTEGRITY PRINCIPLES;" MORE SPECIFICALLY BY AMENDING SECTIONS 18-541 THROUGH 19- 542 OF THE CITY CODE, ALL REGARDING EVALUATION COMMITTEES FOR SOLICITATIONS FOR INDEPENDENT EXTERNAL AUDITORS FOR COMPLIANCE WITH SECTION 218.391, FLORIDA STATUTES (2019), TITLED "AUDITOR SELECTION PROCEDURES," AND FOR GENERAL HOUSEKEEPING CLEAN-UPS OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13899 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item SR.3, please see Item SR.1. City of Miami Page 68 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 SR.4 ORDINANCE Second Reading 6841 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I/SECTION 54-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS AND SIDEWALKS/IN GENERAL/PLACING SIGNS, ADVERTISEMENT, OR DISPLAYS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR SIDEWALK SURFACE," BY ESTABLISHING STANDARDS BY WHICH COMMUNICATION KIOSKS WITH ADVERTISEMENTS MAY BE PERMITTED ON THE PUBLIC RIGHT-OF-WAY; FURTHER AUTHORIZING THE CITY OF MIAMI ("CITY") TO OPT OUT OF CERTAIN MIAMI-DADE COUNTY SIGN REGULATIONS IN THE CITY'S URBAN CORE FOR SIGNS IN THE PUBLIC RIGHT-OF-WAY; DIRECTING TRANSMITTAL OF THIS ORDINANCE BY THE CITY CLERK TO THE DIRECTOR OF MIAMI-DADE COUNTY'S DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES WITHIN FIFTEEN (15) DAYS OF ADOPTION THEREOF; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13900 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item SR.4, please see Item SR.1. END OF SECOND READING ORDINANCES City of Miami Page 69 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 7221 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," TO CONVERT THE EXISTING MOTORIZED SCOOTER PILOT PROGRAM TO A PERMANENT PROGRAM; PROVIDING FOR INCREASED FEES FOR SCOOTER OPERATORS; PROVIDING FOR ENHANCED PENALTIES FOR VIOLATIONS OF THE SCOOTER PROGRAM, INCLUDING FINING ADULT ACCOUNT- HOLDERS OF A SCOOTER OPERATOR FOR PERMITTING A PERSON UNDER 18 YEARS OF AGE TO OPERATE A SCOOTER; PROVIDING FOR SCOOTER FLEET SIZE LIMITATIONS BY THE APPLICABLE PROCUREMENT METHOD THAT SELECTS OPERATORS; PROVIDING THAT ALL PROVISIONS OF THE MOTORIZED SCOOTER PILOT PROGRAM IN EFFECT PRIOR TO THE PASSAGE OF THIS ORDINANCE CONTINUE FOR THE REMAINING DURATION OF THE PILOT PROGRAM WITH CERTAIN LIMITED EXCEPTIONS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item FR.1, please see "Order of the Day." City of Miami Page 70 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 FR.2 ORDINANCE First Reading 7185 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "HISTORIC PRESERVATION/HISTORIC PRESERVATION"; MORE SPECIFICALLY, BY AMENDING SECTION 23-4, TITLED "DESIGNATION OF HISTORIC RESOURCES, HISTORIC DISTRICTS, MULTIPLE PROPERTY DESIGNATIONS, AND ARCHAEOLOGICAL SITES AND ZONES", AND SECTION 23-6.2, TITLED "CERTIFICATES OF APPROPRIATENESS", TO PROVIDE THAT PROPOSALS FOR DESIGNATION MADE BY THE MIAMI- DADE COUNTY HISTORIC PRESERVATION BOARD, THE CITY COMMISSION, THE CITY OF MIAMI'S ("CITY") HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), THE CITY'S PLANNING, ZONING, AND APPEALS BOARD ("PZAB"), AND ANY ORGANIZATION THAT HAS BEEN A REGISTERED NON-PROFIT CORPORATION IN THE STATE OF FLORIDA FOR AT LEAST FIVE (5) YEARS WITH A RECOGNIZED INTEREST IN HISTORIC PRESERVATION WILL REQUIRE A SUPERMAJORITY VOTE; TO PROVIDE THAT HISTORIC DESIGNATIONS WILL REQUIRE A SUPERMAJORITY VOTE OF THE BOARD; TO MODIFY THE TIME TO APPEAL DECISIONS REGARDING HISTORIC DESIGNATIONS TO THE CITY COMMISSION TO SIXTY (60) DAYS; TO MODIFY THE TIMING OF NOTICE; TO PROVIDE THAT THE NOTIFICATION TO OWNERS OF PROPERTY DESIGNATED AS HISTORIC WILL CLEARLY ADVISE THE OWNERS OF THEIR RIGHT TO APPEAL TO THE CITY COMMISSION; TO PROVIDE TIMING FOR SCHEDULING APPEALS; TO REQUIRE ADDITIONAL NOTICE OF PUBLIC HEARINGS FOR SPECIAL CERTIFICATES OF APPROPRIATENESS; TO PROVIDE UPDATES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item FR.2 was deferred to the April 23, 2020, City Commission Meeting. For items referencing Item FR.2, please see "Order of the Day." END OF FIRST READING ORDINANCES City ofMiami Page 71 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 BU.1 6740 Office of Management and Budget BU - BUDGET DISCUSSION ITEM MONTHLY REPORT I SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair Hardemon: All right. Let's move on BU.1. Arthur Noriega (City Manager): Chris, you ready? Chair Hardemon: Yes, ready. Oh, Chris, Chris. Mr. Noriega: Yeah. Chair Hardemon: (INAUDIBLE) Chris. Mr. Noriega: Well, he was there. Chair Hardemon: All right. Let's -- if Chris is not ready, then what we'll do is we'll take the public comment on the -- Oh, Chris is coming on now. Chris, you're ready? Christopher Rose (Director, Office of Management and Budget): Yes, sir. Chair Hardemon: Please. Mr. Rose: Thank you, Mr. Chair. Good afternoon, Commissioners. My name is Chris Rose. I am the Budget Director for the City of Miami. This morning an email was transmitted to each of your offices that had two memoranda attached to it that contain projections from the Office of Management and Budget. The two memoranda were written a month apart. The first one was pre-COVID-19, and the second one takes into effect what we're seeing right now. And I'm really only going to address that one. It may be interesting to you to read them both in order. The projections are based on February revenues, but informed by what the financial impacts to the City of the shelter in place, shelter in your home recommendation that we have. And so, what we're doing is we're presuming two months of lost revenues; not property tax revenues, but just about all of the rest of our revenues associated with our current situation. With these thoughts in mind, we are projecting a net year-end deficit of about $21 million. This is a deficit of $26.6 million in the general fund and a surplus actually of $5.6 million in the internal service fund. Before our current situation, we were seeing some savings and reduction, particularly in healthcare. You all know that healthcare has been going up in recent years, but it had plateaued on us, and we were headed towards a savings on that front. So with that said, it's a real drop in revenues from one month to the next of more than $40 million. There are a couple of silver linings in this, but they are very thin. One is that we do not have tourist taxes in City of Miami Page 72 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 the City's operating budget. And two is that our single largest revenue source, property taxes, have generally, by and large, already been collected on the year. There are, as we all know, three derent relief bills that the Federal Government has passed but most, and perhaps all of them, they are there for our residents and our businesses, and to pay for services that we would not be doing otherwise. We are having some difficulty. We have not found in any of them something that would fill the gap in the lost revenues that we are experiencing. And these are the revenues that pay for the core services that the City of Miami provides, both during and -- both during the current situation and that we would provide otherwise on a normal day. So we are working on a plan to address the shortfalls in revenues but primarily through expenditure, the expenditure side of things, expenditure reductions. And I will remind everyone that approximately three quarters of the City's general fund operating budget is personnel expenses. So it is going to be a challenge that is probably going to have to impact in some way our personnel costs overall. And there are many ways to do it and we're going to explore every option that's out there. So I'll just say that two months is the assumption that we're looking at. That is possibly what might happen. I think each of your guesses would be as good as mine. And we're assuming that things are going to come back afterwards, which I'm going to perhaps steal some thunder and say that these are difficult things to predict. But with that said, we're developing a midyear budget amendment that will be reactive to the COVID-19 pandemic. It will likely fix some issues in the budget as it stood and it will likely not include any new services that the City has head into. Right now, we're going to stand and hold in what we've got. So with all that said, we are looking at a deficit for the first time in a long time, and I'll be happy to take any questions you might have. Commissioner Carollo: Yes, I have one. Chris, it's obvious that this only goes until February, so you didn 't calculate any of the additional expenses that we started incurring in March, and now going into April, correct? Mr. Rose: We are using the February data, but we're informed by what has happened in March and now in April. The expense side is not really what worries me as much, although the expense side is probably the only way out of the situation that we're in. Generally, new expenses, the Federal Government has informed us that they will take care of new expenses. It's the core expenses that the City of Miami does on a day-to- day basis that the revenues have fallen off dramatically, that we don't have a clear path on how to handle. So, yes, there are some increased expenses, but the general hope is that we would get some relief on new expenses, sir. Commissioner Reyes: Yes. Commissioner Carollo: But comes March, we are going to have to include those new expenses, because while we most certainly would get reimbursed by the Federal Government if this doesn't go on for a long, long time, then it's anybody's guess who gets reimbursed or not. But the problem is when we get reimbursed by the Federal Government. I mean, from the last hurricane that we had in '17, it's just been recently that we got some expenses reimbursed, and there are still others outstanding, so that still would represent a problem to us. Mr. Rose: Yes, sir. Commissioner Reyes: Just one question, Mr. Rose. And I think that Commissioner Carollo touched on it. What we have now, it is -- the problem that we have is revenues, revenues that we are losing because of the -- our share of the sales tax that there is going to be substantially diminished, because people are -- the State is not receiving the sharing that we get. I mean, and they're not receiving as much. And there are other revenues that we are not receiving. But from what I gather, you are City of Miami Page 73 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 not too concerned about the additional expenses, because those expenses are going to be re -- I mean, the Federal Government is going to help us with those or they are going to provide those, or cover those additional expenses because they are due to the Coronavirus pandemic. But is there any other concerns that you have that you think we are going to be also -- we're going to have additional expenditures in the near future that you foresee by any chance? I haven't read your report, because I received it at 7 o'clock this morning, 7:18. I haven't been able to read it, but I'm just asking this question to see what is your forecast on future expenditures and on future revenues. Mr. Rose: Certainly. The expenditure side is, for the most part, going to continue as it has, without any kind of intervention on the Administration's part, with the exception of reaction to the pandemic. And we have been told that the Federal Government will reimburse -- of course, within certain constraints -- the majority of those expenses, and we are hoping all of those expenses. I have been in to look and see if there are any natural reductions in our expenditures in relation to fuel or utilities. And while the -- while FP&L (Florida Power & Light) has given us some indication that there may be some delay in the payment, in the requirements, we will end up paying those, and likely, before the end of the fiscal year, nonetheless. And our three largest fuel users, Police, Fire and Solid Waste, are all still operating at generally the same level that they have all three been operating at, at least in terms of fuel consumption. So I'm not finding a great deal of reductions in expenditures as yet. I would beg of all of you for one more data point. It just helps in predictions and we're likely going to close the books for last month either today or tomorrow. So that will help inform the next round that I'll be back in front of you very likely at the next meeting with some thoughts, with new information. But it is by and large a revenue issue that we have. We don't have much choice but to solve, except in the expenditure side. So revenues may have caused it, but expenditures are our very likely way out of the situation. Commissioner Reyes: Have you done an analysis on expenditures and see which expenditures you can curtail that they are not -- I mean, that you can do away with it, like contributions to certain City contributions to certain, I would say, institutions or whatever? And also, on expenditures on other items, like furniture, whatever, that they are not necessary. They are unnecessary expenditures that they could be eliminated in this period, and we can save some money. That's something that I would like for you to do, and go budget by budget, department by department and see how can we -- starting with us, starting with us. I mean, how much can we save by cutting the -- what have been expenses that -- or projected expenses and reducing our budgets, and maybe we can start saving some funds there. Mr. Rose: Yes, sir. The -- we have the beginning -- it's in its very basic stages, but we have been having those discussions with departments, and with the Manager, and the Assistant City Manager. I have been, over the last two weeks, meeting with each department as part of the normal budget process, and I've been delivering varying versions of this same message to the department directors that I've been meeting with. We have -- we've been -- actually -- we've had 25 meetings with departments all through the computer, and this is almost the first time I've touched a piece of paper in the last two weeks. So I have been delivering that message. Everyone is aware of it. We've been amassing ideas at this point, probably the best way to say it. And we have more work to do before we bring it back. Commissioner Reyes: What I would like is for -- I mean, all -- every single department to start analyzing their budget and start identifying potential savings that could be put in place right now. Mr. Noriega: So -- if I may, Mr. Chair. City of Miami Page 74 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: Go ahead. Mr. Noriega: So we've had two meetings specific to this issue internally already. We have another broader meeting, which I've asked to be held with all the department directors with me present. Chris has been doing it individually. He and I have discussed it and sort of given him some direction in terms of those communications with the various departments. I'm going to have an en masse meeting on Friday, specifically with the intent of looking at existing expenditures for this year and where the savings might be had. We're also going to look at some of the changes we have made as a result of this COVID-19 crisis; in particular, how we're functioning and operating as a city through some of our virtual applications, some of the remote processes we've been working through as a result, and see if those translate to future savings, as well. One of the things Chris doesn't point out is that he's giving you a snapshot of what the current fiscal year looks like. The next two years, as well, will be impacted -- Commissioner Reyes: Yes. Mr. Noriega: -- in particular. So some of the solutions we have to address need to be long-term in nature, as well. So we're going to give it a 360-degree approach. And that is, to me, aside from the day-to-day issues we're dealing with in terms of addressing a lot of our community needs, this is the single biggest priority for us right now is addressing the financial situation to make sure that we're not -- or we don't put ourselves in a position where we are in any way, shape or form -- as we have done with the COVID-19 issue -- we're not reacting to the problem; that we're getting ahead of it and being proactive. Commissioner Reyes: Good. Thank you, Chris. Mr. Rose: Thank you, Commissioner. Commissioner Carollo: You talked about fuel costs. Obviously, the cost that you estimated in September, before we started our new fiscal year, October 1, the cost of fuel has gone way down. So at least there, there'll be a little bit of a savings, together with the fact that there's probably less usage of vehicles citywide. I don't know what the savings would be, but we're going to have some there. My concern is that the calculations that you gave us the last time we had the virtual meeting -- the first time we had it -- you estimated that in March you were looking, you said, between 17 and a half to $18 million shortfall for the month of March. Those are the numbers I remember. And then we -- Am I correct in that? Mr. Rose: You are, sir, yes. Commissioner Carollo: Okay, so if we go with the 18 million shortfall -- and just off the top of my head, that maybe we had to spend an extra $2 million -- it might have been much more -- but say another $2 million in expenditures that we didn't have in the books planned, that's another $20 million at least shortfall for the month of March. Now we're into a deficit of $41 million or more that we finish the month of March at. My calculation shows me that, at best, we got 75 million in reserves. That's going through more than half of our reserves so that's concerning. And rightfully so, we're going to be having to look at -- this is going to be -- I mean, this reminds me back when we had the financial crisis -- and you remember that, Chris. You were on loan to us. We were dealing with a deficit of one year at the same time that the new year had begun, and had to deal with that same deficit in the coming year. And we're going to be in that same situation here. So while I know that what you've given us -- since you only went into February -- doesn't show the whole story, I want to be very clear that this is a lot uglier than what you're giving us. And since City of Miami Page 75 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 none of us have any idea how long this could go on for, we need to really brace ourselves and come up with ways that we can cut and maybe even new ways that somehow, if there are any at this point in time, that we could bring in any revenue. But I think the way it's going to have to be done is by the expenditure side. We're going to have to cut expenditures and a lot of monies there across all departments, including Commission offices, that we carry from year to year. You know, we're going to have to start cleaning those out and use to meet payroll. Commissioner Reyes: Yep. Commissioner Carollo: So I just want to put that on the record. Mr. Noriega: Chris -- Commissioner Reyes: Yes, very good. Mr. Noriega: -- I need you to be crystal clear -- okay? -- because the projection that you put forth in the budget update and the deficit you're highlighting is through the end of April. Mr. Rose: It is informed with everything that has happened as of the end of March, but it has a presumption of two years of shel -- not two years, two months of sheltering in homes, so the current situation lasting two months. So that is the big unknown; how long it will last and what will it look like after it is lifted, after we're to whatever level of normalcy we may see at that point. But, yes, Commissioner, that might be the first time I have been called an optimist in my projections. And you're absolutely correct; it could be worse than this. I -- my staff and I have really struggled with this one and I kind of had to lock down some of the moving parts and move forward. And once I get another data point, I'll have a better idea. But you're right. It could be worse than what is on the (INAUDIBLE) for the moment. Commissioner Carollo: Well, look, no one is going to hold your feet to the fire in this one, because anyone's guess is as good as the other guys. But I wanted to have brought that out, plus what I was going from was the report that I just glanced at here while you were talking, because I hadn't had the time to read it either since we got it emailed to us this morning, that went to the end of February. I didn't see any projections at all until March, but you know, maybe it's in here somewhere. Mr. Rose: It's -- one more time, just as the Manager has challenged me to be crystal clear, it is hard numbers through February and projections forward, but the projections are informed by what we've done for a month since, and with a presumption of two months in a shelter in place situation. Commissioner Carollo: Okay. All right. Commissioner Reyes: All right. Commissioner Carollo: Thank you. Commissioner Reyes: Thank you, Chris. Mr. Rose: Thank you. Commissioner Reyes: Sharpen your pencil. Mr. Rose: Yes, sir. City of Miami Page 76 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: Thank you very much, Chris. END OF BUDGET ITEM City of Miami Page 77 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 BC.1 7361 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ART IN PUBLIC PLACES BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate At -Large) NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon Commission -At -Large Commission -At -Large Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item BC.1, please see "Order of the Day." City of Miami Page 78 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 BC.2 7360 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Commissioner Alex Diaz de la Portilla (Citizen — Category 7) Commissioner Alex Diaz de la Portilla (Architect/Architectural Historian - Category 4) Commissioner Ken Russell (Real Estate Broker — Category 5) Commissioner Ken Russell (Citizen — Category 7) Commissioner Joe Carollo (Historian/Architectural Historian - Category 3) (Business and Finance or Law — Category 6) (Architect — Category 1) (Alternate in Business and Finance or Law Category 8) (Citizen — Category 7) (Landscape Architect — Category 2) Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item BC.2, please see "Order of the Day." City of Miami Page 79 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 BC.3 7358 Office of the City Clerk BC.4 7359 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon City Manager Arthur Noriega, V RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item BC.3, please see "Order of the Day." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chris Collins Mayor Francis Suarez ENACTMENT NUMBER: R-20-0113 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For additional minutes referencing Item BC.4, please see "Order of the Day." Chair Hardemon: The -- let's do the boards and committees. I know there's some items that you want to have put on the record, Mr. Clerk. Todd B. Hannon (City Clerk): Yes, sir. BC.4: Mayor Suarez will be reappointing Chris Collins. Commissioner Carollo: So moved. City of Miami Page 80 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Commissioner Reyes: Second. Commissioner Diaz de la Portilla: Chris Collins? Okay. Chair Hardemon: (INAUDIBLE) any discussion? Hearing none, all in favor, say "aye. The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries. END OF BOARDS AND COMMITTEES City of _Miami Page 81 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 DI.1 7255 City Manager's Office DI - DISCUSSION ITEMS DISCUSSION ITEM A DISCUSSION REGARDING A PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: 1. STARS OF CALLE OCHO WALK OF FAME CELEBRITY AND COMMUNITY RECOGNITION ADVISORY COMMITTEE 2. VIRGINIA KEY ADVISORY BOARD 3. VIRGINIA KEY BEACH PARK TRUST MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item DI.1, please see "Order of the Day" and Public Comment for all Items." DI.2 DISCUSSION ITEM 7231 Department of Finance A DISCUSSION REGARDING UNREIMBURSED GRANT EXPENDITURES FOR QUARTER ENDING 12/31/2019 MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item DL2, please see "Order of the Day." City of Miami Page 82 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 DI.3 7285 Department of Resilience and Public Works DISCUSSION ITEM A DISCUSSION REGARDING TRANSIT ALLIANCE BETTER BUS PROJECT MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item DI.3, please see "Order of the Day." END OF DISCUSSION ITEMS City of Miami Page 83 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 PZ.1 6760 PART B: PZ - PLANNING AND ZONING ITEM(S) ORDINANCE MAY BE DEFERRED First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3069, 3091, AND 3095 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AN INCORPORATED, AND BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTIES LOCATED AT APPROXIMATELY 3040 CARTER STREET AND A PORTION OF 3065 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.1 was deferred to the June 25, 2020, City Commission Meeting. For minutes referencing Item PZ.1, please see "Order of the Day." City of Miami Page 84 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 PZ.2 6761 ORDINANCE MAY BE DEFERRED First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT ZONE -OPEN, TO "T4-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3069, 3091, AND 3095 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT ZONE -OPEN, TO "T4-O," GENERAL URBAN TRANSECT ZONE - OPEN, OF THE PROPERTIES LOCATED AT APPROXIMATELY 3040 CARTER STREET AND A PORTION OF 3065 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; GRANTING THE WAIVER OF TIME LIMITS PURSUANT TO SECTION 7.1.2.8.G.7 OF THE MIAMI 21 CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.2 was deferred to the June 25, 2020, City Commission Meeting. For minutes referencing Item PZ.2, please see "Order of the Day." City of Miami Page 85 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 PZ.3 RESOLUTION 6931 MAY BE DEFERRED Office of Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY BECKER BOARDS MIAMI, LLC AND REVERSING/AFFIRMING THE DECISION OF THE CITY MANAGER'S DESIGNEE PURSUANT TO SECTION 62-609(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LOCATION CHANGE OF MURAL PERMIT NO. 19-0012 TO THE PROPERTY LOCATED AT 78 NORTHWEST 37TH STREET, MIAMI, FLORIDA BY NTWW, LLC. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.3 was deferred to the October 8, 2020, City Commission Meeting. For minutes referencing Item PZ.3, please see "Order of the Day." PZ.4 RESOLUTION 6983 MAY BE DEFERRED Office of Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY SET MIDTOWN, LLC AND REVERSING/AFFIRMING THE DECISION OF THE CITY MANAGER'S DESIGNEE PURSUANT TO SECTION 62-603 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPROVAL OF BECKER BOARDS MIAMI, LLC AS A QUALIFIED APPLICANT. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.4 was deferred to the October 8, 2020, City Commission Meeting. For minutes referencing Item PZ.4, please see "Order of the Day." City of Miami Page 86 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 PZ.5 RESOLUTION 7022 MAY BE DEFERRED Office of Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY SET MIDTOWN, LLC AND REVERSING/AFFIRMING THE DECISION OF THE CITY MANAGER'S DESIGNEE PURSUANT TO SECTION 62-609(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LOCATION CHANGE OF MURAL PERMIT NO. 18-0041 TO THE PROPERTY LOCATED AT 70 NORTHWEST 37 STREET, MIAMI, FLORIDA BY BECKER BOARDS MIAMI, LLC. PZ.6 6797 MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.5 was deferred to the October 8, 2020, City Commission Meeting. For minutes referencing Item PZ.5, please see "Order of the Day." ORDINANCE MAY BE DEFERRED Second Reading Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor - PZ ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES", TO REQUIRE AN EXCEPTION FOR MARINA USES IN "CS", CIVIC SPACE TRANSECT ZONES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.6 was deferred to the April 23, 2020, City Commission Meeting. For minutes referencing Item PZ.6, please see "Order of the Day." City of Miami Page 87 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 PZ.7 6930 ORDINANCE MAY BE DEFERRED Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY, BY AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS," TO DISALLOW PUBLIC STORAGE FACILITIES IN A "T5," URBAN CENTER ZONE, AND "T6," URBAN CORE ZONE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.7 was deferred to the April 23, 2020, City Commission Meeting. For minutes referencing Item PZ.7, please see "Order of the Day." END OF PLANNING AND ZONING ITEM(S) City of Miami Page 88 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 NA.1 7381 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE POSITION OF THE MIAMI-DADE COUNTY LEGISLATIVE DELEGATION ('DELEGATION") THAT THE STATE OF FLORIDA AND ALL APPLICABLE LEGISLATIVE AND EXECUTIVE OFFICIALS TAKE ANY AND ALL MEASURES TO ALLOW APPLICANTS TO APPLY FOR REEMPLOYMENT BENEFITS RETROACTIVE TO THE DATE THE APPLICANT LOST HIS/HER JOB FOLLOWING THE DECLARATION OF A STATE OF EMERGENCY BY THE FLORIDA GOVERNOR DUE TO THE 2019 NOVEL CORONAVRIUS; FURTHER SUPPORTING ALL REEMPLOYMENT MEASURES RECOMMENDED BY THE DELEGATION IN ITS LETTER DATED APRIL 7, 2020 TO FLORIDA GOVERNOR RON DESANTIS. ENACTMENT NUMBER: R-20-0105 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Commissioner Reyes: Mr. Chair, Mr. Chair, can I be recognized? Chair Hardemon: You're recognized, Commissioner. Commissioner Reyes: First of all, I want to -- I'm very happy to see all my fellow Commissioners and Mayor, and everybody, you know, being healthy and they are taking -- I mean, you're taking care of yourself and it is very commendable. What I wanted to do first of all, I want to recognize the work and the job that our first responders are doing. It is fantastic. I have heard, and I have had a lot of calls from people that they are being tested at home and it -- I want to congratulate our City Manager for the job that he is doing, and every single City of Miami employee; that they are doing their best in this time of crisis; that they are doing an excellent job, and have to be recognized. Also, I want to inform that I have a pocket item, which is a resolution, and I think that all of you have a copy, and I -- Mr. Chair, when would you take this? If you want to take it now, or we shall take it later on? It is a resolution, an emergency resolution of the City of Miami, and that emergency resolution, what it's doing, it is -- we are supporting a letter that was sent by the Dade County Delegation to the State Government Delegation, supporting them on the request that all those employees that were not able to register, because the platform collapsed, that instead of being recognized or registered at the time they'd be able to that we -- it should be -- they should be -- that the date should be retroactive to the date that they were at -- I mean, removed from the work. And I'm saying this because it was not on the fault, any fault of those employees that they could not register in the unemployment compensation. And what happens is that as time passes by and if they are recognized two or three weeks from now, you see, that the loss is going to be magnified by the loss from the funds that the Federal government is offering those employees; I mean, everybody that is unemployed. And that is that we have -- instead of losing 250 or 200 and what dollars from the State compensation, they will also lose the 600, and it's not fair, because it's not any fault of the employee. And I have a City of Miami Page 89 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 resolution, that it is addressed to the Governor, in which we are supporting the request from the Florida Delegation, State Delegation that those employees -- the benefits be retroactive to the date of discharge, the date that they were not -- that they stopped working. Vice Chair Russell: Mr. Chairman? Chair Hardemon: So -- you're recognized, sir. Vice Chair Russell: I'd like to cosponsor Commissioner Reyes' pocket item. I'm in very full support of that. I've asked Todd to enter -- Mr. Reyes: Thank you. Vice Chair Russell: -- into the record another letter. It's identical in substance, but it's not just the Florida or Dade Delegation, it's all elected in Florida, from local, State and Federal electeds in Florida have signed on. So if this resolution passes, Todd also has a link for any and all of us individually to sign onto that letter, as well - Commissioner Reyes: Absolutely. Vice Chair Russell: -- if you'd like. And Governor DeSantis now in two press conferences has stated an intention to head this way, but he's given nothing concrete yet, so I think the intention is there, and this letter will be helpful, so thank you. Commissioner Reyes: Thank you, Commissioner. Chair Hardemon: Yeah. Since you -- I mean, we've spent a significant amount of time discussing it, let's just read the title into the record and have a motion on the item. Commissioner Reyes: City Attorney, Madam City Attorney, could you please read the title and --? Victoria Mendez (City Attorney): Yes. An emergency resolution of the Miami City Commission supporting the position of Miami -Dade County Legislative Delegation that the State of Florida and applicable legislative and executive officials take all measures to allow applicants to apply for re-employment benefits retroactive to the date the applicant lost his or her job, following the Declaration of State of Emergency by the Florida Governor, and further resolving that it supports all re-employment measures recommended by the Miami -Dade Delegation in their attached April 7 letter to Florida Governor DeSantis. Chair Hardemon: Thank you very much. Any further discussion on the item? No, we can't really do a public comment on it, because -- Todd B. Hannon (City Clerk): Chair, my apologies. I believe Commissioner Reyes moved the item. Who's the seconder? Vice Chair Russell: Commissioner Russell. Commissioner Reyes: The seconder -- Chair Hardemon: Further discussion? All in favor -- let's have roll call vote on the item. Vice Chair Russell: Yes. City of Miami Page 90 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 NA.2 7383 City Commission Mr. Hannon: Roll call. Commissioner Diaz de la Portilla? Commissioner Diaz de la Portilla: Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Russell? Vice Chair Russell: Yes. Mr. Hannon: Commissioner Reyes? Commissioner Reyes: Yes. Mr. Hannon: Chair Hardemon? Chair Hardemon: For. Mr. Hannon: Motion passes, 5-0. Commissioner Reyes: Thank you. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING FLORIDA GOVERNOR RON DESANTIS TO PROVIDE THE FLORIDA NATIONAL GUARD TO MEDICALLY SCREEN ALL EXITING PASSENGERS AT MIAMI INTERNATIONAL AIRPORT FOR COVID-19 VIRAL SYMPTOMS; FURTHER URGING MIAMI- DADE COUNTY TO ASSIST IN THIS EFFORT; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-20-0114 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Commissioner Carollo: Chair? Chair Hardemon: Yes, you're recognized, Commissioner Carollo. Commissioner Carollo: Since we're in pocket items right now Chair Hardemon: We're not really in pocket items. I just -- Commissioner Reyes: I'm sorry, Joe. Chair Hardemon: -- kind of ran away with it. Commissioner Carollo: We were. This will be -- City of Miami Page 91 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: But that's fine. Go ahead. You're recognized, sir. Commissioner Carollo: And it also has to do with the emergency we have now. Thank you, Chair. Chair Hardemon: Okay. Commissioner Carollo: Chair, Miami International Airport before this crisis had over 50 million passengers that has traveled through it. From what we hear, there's still a 10 percent that's traveling through our airport, which is over 5 million if you measure it through the year. And one of the biggest concerns that we expressed even before this crisis hit to the level that it hit now was the airport; an airport that we don't have any control over the traffic. It's the Federal government that controls the airplanes that come and go from there; and, of course, it's under the domain of the County. Now, I have gotten numerous reports in the past weeks of people traveling through our airport that the whole airline has not gotten any kind of screening, whatsoever. At the same time, just a few days ago, I received word from the family member of an individual that came from an air flight from Ecuador, certainly one of the key hotspots in our hemisphere, and he stated to me that his relative nor anyone in the flight received any kind of screening, whatsoever, and they were allowed to come into Miami without no screening at all. I think that should be a great concern to all of us. And while we cannot catch everyone that might be infected, because, as we all know now, you don't necessarily show the symptoms while being infected in the early stages, and maybe you won't show any at all during the time, but many people that are infected could be caught coming through our airport if screening was done properly. And particularly, when you catch them with fever or other symptoms, that's when they're spreading it the most. So my resolution is the following: Requesting of the Governor of the State of Florida to place in Miami International Airport, as has been done in other states of the country, National Guardsmen to screen passengers as they come out into the domain of the State, of the County, where we could actually do the screening after they come out of the concourses, before they go out into our community, and to at the same time offer any assistance that we could offer the State. I'm sure the County would be willing to do that in doing such screening. But I think we have an obligation to make sure that the main international airport in the State of Florida, the main passenger airport in the State of Florida is screening passengers no matter where they come from, but in particularly, when they're coming from out of the country from other hotspots. So that is my resolution requesting of the Governor of Florida to place a National Guardsman to be able to inspect individuals as they come out of the concourses -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- take their temperatures, ask them the appropriate questions before they are let loose into our community. Commissioner Reyes: Mr. Chair? Victoria Mendez (City Attorney): Chairman, if I may? Chair Hardemon: Madam City Attorney. Ms. Mendez: There was a previous pocket that was just done by Commissioner Reyes. There have been no public comments that have come in. I would ask if there are any pockets that are going to be done, just like Commissioner Carollo is saying one, and I believe that now Commissioner Russell may also have one, if you can both state your pockets, and then we vote on it a little later in the meeting to allow for any comments to come in, in the meantime, to be able to comply with 286. City of Miami Page 92 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Commissioner Reyes: Okay. Mr. Chair? Chair Hardemon: You're recognized. Commissioner Reyes: Yes. I want to cosponsor, Commissioner Carollo. It's a great concern that I had all the time, and I think it's an excellent idea. I cannot imagine why there's people that comes not only from Ecuador; people are coming from Cuba, people are coming from every place, including national traveling that flies from New York; that is a hotspot, and other the hotspots within the United States that they are not being tested. I commend you, Commissioner. I think that's an excellent idea, and I will cosponsor it with you. Commissioner Carollo: Thank you, Commissioner Reyes. I don't know, like none of us do, how many people are being tested or not. Commissioner Reyes: That's right. Commissioner Carollo: But when I'm getting information from many sources, like I'm sure some of you have -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- that testing is not happening, this should be a great concern to all of us, because we don't know who we're bringing in. Commissioner Reyes: Yeah. Commissioner Carollo: It could be coming from another state or country and they're infected. They might have fevers, they might have other symptoms, and if we don't have anybody checking them out there, they're going to come and spread it into our community. Commissioner Reyes: Absolutely. Commissioner Carollo: Or they could be coming from Europe, other parts of Latin America, and if we don't check them, again, they're going to be spreading this even further into our community. And no matter how hard we try, it's still going to spread. And let me add something if I can. From all the numbers that I've seen, it certainly appears to me that either what we in the City of Miami have been doing has been effective, or we've had a lot of luck, or a combination of both. But depending on what day you look at the numbers, it goes between 8.5 percent to maybe 9.5 percent, the total amount of individuals that have been affected in Greater Miami -Dade County that live in the City of Miami. Our population is close to 20 percent of the overall County population, but our rate of infections is under 10 percent; anywhere from 8.5 to 9.5, depending on each day. So I think it's a bit of information that all of you should have, because it shows that the City, all of us combined, having worked together have been effective in what we've been doing. And by the way, the State is providing erroneous information when they're saying that the City of Miami is the main city in the whole State that has the highest infection percentagewise. They're claiming we have over 3, 000 plus. That is absolutely wrong. That's fake, erroneous information, because what they're doing is they're counting all of the unincorporated areas of Miami -Dade County that put down "Miami," and they're assuming that they're part of the City of Miami when they're not. Commissioner Reyes: That's right. Later... City of Miami Page 93 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: And so, there were a few derent items. So the first one that was read into the record was from Commissioner Russell, I believe. No, it was from Commissioner Reyes. Commissioner Reyes: Yes. I have one that it was voted. Commissioner Carollo: It was (INAUDIBLE). Chair Hardemon: Oh, we voted on yours? Commissioner Reyes: It was voted, that's right. Chair Hardemon: Then Commissioner Russell's. Commissioner Carollo: I was next on the airport. Commissioner Reyes: Mr. Carollo's, and the one in the airport, that it needs to be voted, right, Commissioner? Commissioner Carollo: Right. Chair Hardemon: Right. So -- Commissioner Reyes: It was moved already. Chair Hardemon: Right. So let's do this. Madam City Attorney, if there is -- I don't know if you have any of the headings to read for the items, but can you read the headings so we know which item we're referring to? Victoria Mendez (City Attorney): I do not have a heading for Commissioner Carollo's item so if we want to deal with that one based on what he said. Chair Hardemon: Alright, Commissioner Carollo. Then what we'll do is we'll take a motion from you. Commissioner Carollo: Thank you. The heading you could include: Requesting of the Governor to provide National Guard personnel at Miami International Airport to screen passengers before they leave the airport. Chair Hardemon: Proper motion. Is there a second? Commissioner Reyes: Second. Chair Hardemon: Properly moved and seconded. Any discussion? Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: No, I have no discussion. I'm in support. I commend Commissioner Carollo for this resolution. Commissioner Carollo: In the resolution, I would like to include that the City of Miami would be willing to cooperate in providing personnel to that effect, along with helping not just the State, but the County that I'm sure would be willing to do the same in helping. Arthur Noriega (City Manager): Is there some sort of --? IfI may. Is there -- can we put a limitation on that a little bit? I'm a little concerned about stretching our resources, especially... City of Miami Page 94 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Chair Hardemon: That is determined by the City Manager. Commissioner Carollo: We will provide what we can, Mr. Manager. Chair Hardemon: Right, as determined by the City Manager. Commissioner Carollo: The airport belongs to the County and to all the people who'll be affected will be everyone in Miami -Dade County, not just City of Miami. So if there's a need that's greater than what could be asked of us, I'm sure with 34 cities in the County government, we will be able to provide for it. But right now as I see it, the biggest threat that we have in Miami -Dade County of spreading the virus more and more is coming through the airport. Commissioner Reyes: Why don't we ask all the cities in Dade County -- because this affects every single city in the County -- to help us or to help in that endeavor of checking everybody or trying to (INAUDIBLE)? Commissioner Carollo: Well, this is -- Commissioner, this is what we're saying. Commissioner Reyes: Not only -- Commissioner Carollo: The National Guard, even though we have a big state, is a vast organization of personnel. All that we're including in the motion is that we will help as we could in any additional manpower that they require. Commissioner Reyes: According to our means because, I mean, we might not -- Commissioner Carollo: Exactly. Commissioner Reyes: -- have anybody, you see. Commissioner Carollo: Yeah but -- Commissioner Reyes: But at the same time -- Commissioner Carollo: Yes, we could (INAUDIBLE). Commissioner Reyes: -- I ask everybody to join us in this effort. Commissioner Carollo: Yeah. Commissioner Reyes: Okay. Commissioner Carollo: And that is part of the motion; that we're also asking Miami - Dade County, which owns the airport and has a lot more personnel than we do, along with other cities, to be able to help the State to accomplish this. Chair Hardemon: Wonderful. So seeing no further discussion, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. City of Miami Page 95 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 NA.3 7384 City Commission DISCUSSION ITEM DISCUSSION BY VICE CHAIR RUSSELL REGARDING HOUSE BILL H.R.6467, "CORONAVIRUS COMMUNITY RELIEF ACT". RESULT: DISCUSSED Chair Hardemon: I want to recognize Commissioner Russell. Can you read you -- the heading of your pocket item into the record, please? Vice Chair Russell: The City Attorney's Office is still finalizing it, with a little change. I'll read it in just a moment. Chair Hardemon: Okay. Vice Chair Russell: Actually, I've got it here. This is in reference to House Bill 6467 in the Congress. This is a resolution of the Miami City Commission urging President Trump and the members of the 116th United States Congress to enact the house bill entitled, "Coronavirus Community Relief Act," or similar legislation that would appropriate $250 billion in funds for making payments to units of local government with a population of 500,000 or less -- as you know, the City of Miami is 480,000 -- for cost directly or indirectly involved, related to, or have been, or will be incurred due to, or have been, or will be a response to circumstances caused by the public health emergency with respect to the coronavirus disease, COVID-19; directing the City Clerk to transmit a certified copy of this resolution to the officials named herein. Yesterday, a bill was introduced, because in the initial relief packages, cities over 500,000 are eligible for relief. There's only one of those in the entire State of Florida, and that's Jacksonville. We missed it by 20,000 people. So there's a new bill that is bring proposed with the next wave of relief, and I'd like to make sure that the City of Miami has access to that, because as -- if any of you have read Chris Rose's memo this morning -- Commissioner Reyes: Yes, sir. Vice Chair Russell: -- the financial picture is a little grim, and we need stabilization from the Federal government, so we don't repeat '08, '09, 2010, or worse, and we should be right there first in line with the major cities that need relief as they help their residents and businesses. Commissioner Reyes: That's a good idea. Commissioner Carollo: Chair, I'd like to second the item that Commissioner Russell is bringing up. Commissioner Reyes: And I will cosponsor it. Commissioner Carollo: I'd like to see if we could have a vote on my resolution before we then vote on the one that he presented that I second. Chair Hardemon: Right. So we're not voting any of them right now per our City Attorney. She wants to allow public comment to come in before we take up those matters. So before the close of the meeting, we will vote on those items. Commissioner Diaz de la Portilla: Mr. Chairman? Chair Hardemon: You're recognized, Commissioner. City of Miami Page 96 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Commissioner Diaz de la Portilla: Will we have an opportunity to have debate on both of these matters, especially Commissioner Russell's? Chair Hardemon: Of course, absolutely, yes. Commissioner Diaz de la Portilla: Okay. Thank you. Later... Chair Hardemon: Commissioner Russell, you're recognized. Vice Chair Russell: I'd like to move the pocket item that I had brought up before in conjunction with the Mayor's item, as well. Commissioner Diaz de la Portilla: No. We -- Vice Chair Russell: Did I make a mistake? Chair Hardemon: You're recognized, Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: We already voted on Mayor Suarez's item that Commissioner Carollo and I seconded. We already voted on the -- informing Washington and Tallahassee that to deal directly with the City of Miami. Now we're on your issue, which is House Bill 6467. Vice Chair Russell: Correct. Commissioner Diaz de la Portilla: Solely on your issue. Vice Chair Russell: Yes, but I believe the Mayor had an alteration to that one, as well. Commissioner Diaz de la Portilla: No, I'm not sure. Vice Chair Russell: That not only targeting cities under 500, 000, but targeting cities based on their infection rate. Commissioner Diaz de la Portilla: Okay, okay. But we need to have a discussion on the base motion first. I have some concerns about it, whenever you're ready for that, Mr. Chair. Chair Hardemon: Well, we don't know what the motion is just yet. And so I thought the motion that the Commissioner was making was inclusive of the Mayor's comments. Is it not? Vice Chair Russell: No. I read the title into the record earlier -- Madam City Attorney, I believe you've got it captured -- regarding the House resolution that was proposed yesterday to have the next tranche of federal government assistance, which is 250 billion, include cities under 500, 000. That was my initial motion. Mayor Suarez then mentioned about targeting cities based on their COVID infection rate, which I agreed with and wondered if we could combine those two concepts. So that's the crux of the motion. Commissioner Diaz de la Portilla: I have a question now. Chair Hardemon: You're recognized, Commissioner. City of Miami Page 97 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Commissioner Diaz de la Portilla: I believe your motion was that we support House Bill 6467. Earlier in the day you talked about -- Vice Chair Russell: Correct. Commissioner Diaz de la Portilla: -- (INAUDIBLE) bill. You didn't talk about a particular policy decision. You talked about a specific bill. Vice Chair Russell: Correct. Commissioner Diaz de la Portilla: The problem with that specific bill is that we're injecting partisan -- Washington partisan politics into our City Government. There is a huge high -stakes standoff taking place in Washington right now between the White House and Congress on House Bill 6467. It is being debated today. There's two proposals and there hasn't been no resolution. So I'm a little bit concerned about engaging in partisan politics by supporting a particular bill when it's taking place in Washington right now. The concept in any bill that cities under 500, 000, that we support certain programs or certain policy decisions or policy angles, I am okay with that. But I'm not okay with coming out that this Commission had a vote for a particular bill that has -- is very partisan in nature and it's a huge high -stakes standoff taking place in Washington right now. I don't want this body to become a body that picks a particular bill because -- Vice Chair Russell: Agreed. I'm certainly open to amending the motion to remove specific language to the specific resolution, because they may be making separate proposals that'll combat each other and eventually come together. You're absolutely correct. But the concept is what we want to advocate for, that any House, Senate, presidential bill -- I think anything that ends up across the President's desk, at least we're advocating for -- that the bill consider cities under 500, 000, and target them based on their rate of infection. Commissioner Diaz de la Portilla: I agree with that. I would agree with that. Commissioner Reyes: And could that read that any assignment of funds that are coming from the Federal Government should include cities that they are under 500,000? Because it's -- and we shouldn't limit ourselves only to these bills; I mean, to everything. I mean, when they are using -- the measuring stick is the population and the population is 500, 000, then we are left out, you see. And I think that here what we want to do is include ourselves in any -- whatever incentive or whatever assistance that the Federal Government is doing that we are included in -- we're a part of that pot of money. Commissioner Carollo: I believe that this is what we just approved in the Mayor's sponsored resolution. I don't see the difference. Chair Hardemon: The motion will stand corrected as Commissioner Ken Russell put on the record, which is it takes into consideration what Commissioner Alex Diaz de la Portilla made comments regarding. Commissioner Diaz de la Portilla: Mr. Chair, I'm sorry to interrupt you. I agree with Commissioner Carollo. I don't see any difference between what we're discussing now than what Commissioner Carollo moved a few minutes ago. It's the same issue that we already voted on. So I under -- Chair Hardemon: Commissioner (INAUDIBLE). Commissioner Diaz de la Portilla: Initially, they were two different things. It was, I think, Commissioner Carollo's and Mayor Suarez's proposals already was a different City of Miami Page 98 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 issue. That's already moved and already been voted on. This -- I don't see the difference between Russell's -- Commissioner Russell's proposal now and what we just did. I'm not seeing it. Maybe you can explain to me what the difference is. Chair Hardemon: Commissioner Russell. Vice Chair Russell: I would look to the City Attorney and the Clerk to clam what was voted on in the last item. If it did include advocacy for the next rescue bill to include cities under 500, 000, with targets based on COVID-related infection, then I'm fine. It's already been done. But if it was limited to the airport situation with the National Guard et cetera, then we need to pass something separately. I'd like this one to stand alone. Victoria Mendez (City Attorney): If I may read -- Vice Chair Russell: As long as it's captured one way or the other, I don't mind. Ms. Mendez: If I just may read the Mayor's pocket item. It was a resolution of the Miami City Commission urging the Federal and State Governments at all necessary and appropriate levels to base all future aid regarding COVID-19 to be distributed directly to and based upon the number of positive cases of COVID in each municipality, and not based on population; authorizing the City Manager and the City Clerk to provide copies of this resolution to all levels of the Federal and State Government necessary and appropriate in order to express the City's direct Federal and State funding requests for municipalities. And that was as amended, because we added the State provisions, which were -- Unidentified Speaker: Right. Ms. Mendez: -- (INAUDIBLE) by Commissioner Diaz de la Portilla. Unidentified Speaker: Yeah. Commissioner Diaz de la Portilla: And voted on, so it's already passed. Vice Chair Russell: Right but -- so the current package that has already been approved specifically allocates money to cities based on -- above 500, 000. So there's these battling bills that are out there now -- resolutions and bills that are out there now that would allow targeting under 500, 000. But the Mayor's resolution says disregard population, so I'm a little concerned that the intent is not captured; that we specifically, as cities under 500, 000, want to be considered, unless we pass something separately or reconsider and amend. Because his language did capture 90 percent of what we're trying to do. It just simply disregards population. Commissioner Reyes: I think it captures -- Commissioner Diaz de la Portilla: It captured everything. It captured everything. Commissioner Reyes: It captured everything. Commissioner Carollo: It is. It did. It mentioned here in the first paragraph -- Commissioner Reyes: That's right. Commissioner Carollo: -- the 500,000 or less limit. Vice Chair Russell: Okay. City of Miami Page 99 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Commissioner Reyes: Yes. Vice Chair Russell: Then that's fine. If that captures it already, then that's fine. Chair Hardemon: Okay. Then gentlemen -- Ms. Mendez: If I may, Chairman? Chair Hardemon: Yes. Ms. Mendez: So I understand what Commissioner Russell is saying, and basically the resolution does not mention population of 400 and -- of 500, 000. It just wants to focus on the cases of COVID instead, bringing into -- because of the situation on the population. Unidentified Speaker: I got it. Ms. Mendez: If we want -- Unidentified Speaker: We got it. Commissioner Carollo: Okay. Ms. Mendez: Do we want to amend it, or do we just do a stand-alone just basically saying -- Commissioner Diaz de la Portilla: Let's amend it. Ms. Mendez: Amend it? Commissioner Diaz de la Portilla: Let's reconsider it, amend it, and pass it out. Ms. Mendez: Okay. Then we'll -- Commissioner Reyes: Let's amend it. Chair Hardemon: Is there a motion to reconsider? Commissioner Diaz de la Portilla: I move to reconsider. Chair Hardemon: Is there a second? Commissioner Reyes: I second, I second. Chair Hardemon: It's been properly moved and seconded to reconsider. All in favor, say "aye. If The Commission (Collectively): Aye. Chair Hardemon: All against? It's been properly moved to reconsider. Is there a motion to approve with the amendment? Commissioner Diaz de la Portilla: Commissioner (INAUDIBLE) -- Commissioner Carollo: So moved. Chair Hardemon: It's been properly moved and seconded to approve with the amendment. Any further discussion? Seeing none, all in favor, say "aye." City of Miami Page 100 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Gentlemen, we are at the end of our agenda. This meeting has come to a conclusion. Thank you so very much. I know Commissioner Alex Diaz de la Portilla, you have a CRA (Community Redevelopment Agency) meeting. Commissioner Diaz de la Portilla: A CRA meeting, Mr. Chair and Commissioners, that I promise will be -- well, I can't promise. You never know with these meetings. But I'm going to try to keep it for, I mean, 15 minutes, maybe, so we'll be done with the business in 15 minutes, hopefully, and we'll be able to move on and go home. Chair Hardemon: Okay. Mr. Clerk, do you need anything from us in order to do that? Because I can close -- Commissioner Diaz de la Portilla: You want a five-minute break or something like that or --? Commissioner Carollo: Yes, five-minute break. Commissioner Diaz de la Portilla: Okay, five-minute break. Ms. Mendez: You would need a break to be able to transfer out everything. Commissioner Diaz de la Portilla: Okay, a ten-minute break then. Chair Hardemon: This meeting is over and then -- Ms. Mendez: Yes. Chair Hardemon: -- we'll be back in five minutes. City of Miami Page 101 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 NA.4 7386 City Commission DISCUSSION ITEM A DIRECTION OF THE MIAMI CITY COMMISSION TO THE CITY MANAGER TO TEMPORARILY SUSPEND THE ENFORCEMENT OF SECTION 31-51 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") RELATING TO THE OPERATION OF FOOD TRUCKS AS AN EMERGENCY MEASURE PURSUANT TO THE DECLARATION OF A STATE OF EMERGENCY IN THE STATE OF FLORIDA AND THE DECLARATION OF A STATE OF LOCAL EMERGENCY IN THE CITY OF MIAMI IN ORDER TO PERMIT FOOD TRUCKS TO REMAIN ON PRIVATE PROPERTY FOR LONGER THAN THREE (3) DAYS BUT ONLY UNDER THE FOLLOWING CIRCUMSTANCES: 1. NO FOOD TRUCKS SHALL BE PERMITTED IN DISTRICT 3; 2. UP TO TWO (2) FOOD TRUCKS MAY OPERATE IN THE BRICKELL AREA OF DISTRICT 2 WHEN THEY ARE LOCATED NO MORE THAN TWO HUNDRED AND FIFTY (250) FEET FROM A FOOD SERVICE ESTABLISHMENT, AND ONE THOUSAND (1000) FEET FROM A FOOD SERVICE ESTABLISHMENT IN THE REMAINING PORTIONS OF DISTRICT 2; 3. FOOD TRUCKS MAY OPERATE IN DISTRICTS 1, 4, AND 5 ONLY WHEN THEY ARE LOCATED NO MORE THAN ONE THOUSAND (1000) FEET OF A FOOD SERVICE ESTABLISHMENT; 4. THE REMAINING PROVISIONS OF SECTION 31-51 SHALL REMAIN IN EFFECT; 5. THE TOTAL NUMBER OF FOOD TRUCKS PERMITTED TO OPERATE UNDER THESE TERMS IS AT THE DISCRETION OF THE CITY MANAGER; 6. THIS TEMPORARY MEASURE WILL END AT 11:59 PM ON APRIL 24, 2020. RESULT: DISCUSSED Chair Hardemon: So, Commissioners, I'm trying to understand then the -- what the direction is. Are we -- is there a motion to approve this -- Vice Chair Russell: No. Chair Hardemon: -- this item or are you trying to create another --? Commissioner Reyes: No, no, no. Vice Chair Russell: No. I'm simply giving direction to the Manager within his executive power -- because Victoria did say -- the City Attorney did say under executive order, he would be able to do something like this. And so, I want to make sure it's clear and that this body's okay with that, because Commissioner Diaz de la Portilla said he doesn't want to give broad sweeping powers. So if we're going to be acutely accurate here, it's about food trucks and satellite kitchens being able to operate during this crisis, so during the crisis period that they can currently function and be within the law under his emergency powers to not have to move every three days because -- from private property. Because if I'm not mistaken, as long as they're on private property and they fall within all those distance requirements that are already in our ordinance as it exists, they have to move every three days and it's causing problems. And these (INAUDIBLE) kitchens that are more heavy duty don't have that ability. And so, I just want to give him that power to allow them to stay in place, so they don't have to use City property. It's really causing a lot of contracts, City of Miami Page 102 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 and logistics, and infrastructure for them to come onto City property, which they don't need to do. They have their own properties. We're just not letting them use it. Chair Hardemon: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Yeah. If I'm reading the body right, then I think we have to add that Commissioner Reyes wants some distance, maybe 250 feet, from existing restaurants. Commissioner Carollo: No. Commissioner Diaz de la Portilla: I think what I recommended was that it only last for 14 days so we can revisit it again. And I think what Commissioner Carollo may want -- I don't know, I can't speak for him -- for it not to happen in District 3. And perhaps that's okay, too. I mean, I'm okay with that, too. I mean, it's his district. He's duly elected there. He has the right to represent his constituents the way he sees fit, and I would have no problem with that if those are the conditions for the emergency power that we're giving the Manager -- for the limited emergency power. Ms. Mendez: Would you --? I can recommend -- it could be a resolution of the City Commission waiving the requirements offood trucks gathering period during the state of emergency for the purpose of providing emergency feeding services. Do you want to pass that resolution? Commissioner Diaz de la Portilla: But not within 250 feet of an existing restaurant. Ms. Mendez: Okay. Commissioner Carollo: But 250 feet is really nothing. Commissioner Reyes: Nothing. Commissioner Carollo: Even the 500 -- Commissioner Diaz de la Portilla: 500 feet. Commissioner Reyes: 500. Commissioner Diaz de la Portilla: But you know, you can't make it a thousand feet, because there'll be another cafeteria down the line. Commissioner Reyes: That's right. Vice Chair Russell: I believe we already have it in the ordinance. Commissioner Diaz de la Portilla: We -- but this is an emergency power that we're giving the City Manager to do these things under these para -- this thing under these specific, very specific parameters. So 500 feet, would that be okay for you, Commissioner Carollo? Commissioner Carollo: Well, frankly, 500 feet is nothing for restaurants. You know, I would consider at the very least, 1, 000 feet, which is minute. That's like ten derent properties that you go by. A thousand feet is more in line. And what -- since we're talking emergency now, I will be willing for the Manager, under the emergency, to decide in all districts, including 3, if there is a need for it somewhere. I'm sure he'll discuss it with me, like he will with any one of you in your districts. So this should be City of Miami Page 103 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 for all the districts. If we're talking about for the 14 days emergency only, and I would suggest that we have at least a thousand feet. Chair Hardemon: Okay. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Okay. I'm good with that. Ms. Mendez: As long as the use is allowed in the zoning transect zone. Commissioner Reyes: Absolutely. We don't want it in residential areas or anything like that. Commissioner Carollo: Well, absolutely. Vice Chair Russell: I'm sorry. I didn't hear Commissioner Carollo. What would be the distance requirement? Commissioner Carollo: One thousand feet. Vice Chair Russell: It'll pretty much eliminate our ability to do this in downtown and Brickell. And most of the restaurants are closed right now. They're not able to function. Commissioner Diaz de la Portilla: The people in downtown and Brickell need food? (INAUDIBLE) Allapattah and Little Havana and areas that have -- Vice Chair Russell: This is for everywhere that needs it. Most of the restaurants are closed. Most of the people are out of -- Commissioner Carollo: (INAUDIBLE) Commissioner, I'm curious that have these lots already that if they have them in Brickell, they've got to be very expensive properties -- Vice Chair Russell: Yes. Commissioner Carollo: -- that are doing these food drives. Do you have names for them? Can we identift-- Vice Chair Russell: Yeah. This is -- Commissioner Carollo: -- who they are? Vice Chair Russell: -- the Reef Technologies Kitchens, and they're working with us on a couple fronts. One is to expand their own business model providing for profit food for the restaurants through the satellite kitchen, so they're the ones helping Sergio's have a Brickell location that they can deliver from, for example. So they have a contract with Sergio's. They replicate their menu. They hire chefs and they have a satellite kitchen that can do deliveries in those different regions. Commissioner Diaz de la Portilla: For profit. Vice Chair Russell: The other facet is their food -- Commissioner Reyes: For profit. City of Miami Page 104 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Commissioner Diaz de la Portilla: For profit. Vice Chair Russell: -- giveaway portion. Commissioner Reyes: For profit. Vice Chair Russell: The other facet is the food giveaway portion that the same company is using their properties and their satellite kitchens to create meal menu boxes that they are delivering to families that'll last them an entire week. Commissioner Carollo: Okay, well, let's do this: How many feet do you need for those sites that you're talking about for it to work for you? Vice Chair Russell: 250. Commissioner Carollo: Okay. How many sites do you have? Vice Chair Russell: Seven -- well, there's seven throughout the City, but I'll leave it to deference of your districts. They were looking for seven City property sites so that they could service the whole city and the needs throughout. Commissioner Carollo: Well, I'll be willing to -- in the resolution -- on the sites that you're going to give us in District 2, to -- with the exception of the sites that you give us in District 2, that it'll be 250 feet. Everything else would be a thousand, but that's all far as I'll go. Vice Chair Russell: Thank you. Commissioner Reyes: But District -- Vice Chair Russell: That's a good consideration. Commissioner Reyes: -- 2, which area? I mean, in Brickell? You're talking about Brickell or you're talking about Coconut Grove when you're talking about the (INAUDIBLE) site? Vice Chair Russell: They're not planning a kitchen in Coconut Grove. Commissioner Reyes: Okay. And how about in the other areas? Vice Chair Russell: And purposefully for the case -- for the reason that they would be actually too close to 20 restaurants that are currently operating that we don't have that need in that area, so we found areas where we do have the need. Commissioner Reyes: That -- don't you think that's going to hurt restaurants in downtown Miami? Those small restaurants that they are open now and we have -- at DDA we created -- we're asking them -- I mean, the residents to go local and buy direct so they can save some money, not using the platform. And wouldn't it be hurting -- us hurting those restaurants, too? I mean, I -- downtown Miami, if you establish one of those kitchens, you are going to -- or food trucks -- you're going to be hurting those little restaurants that they are -- now they are surviving by delivering to residents in downtown Miami and we started a program. We said go local -- buy local and buy direct. And I will vote against it if you're going to have it in downtown Miami. I will have to vote against that. If it is 250 feet and you will allow them to establish themselves in downtown Miami when all those -- City of Miami Page 105 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Vice Chair Russell: This is just during the emergency order to make sure we have a constant food supply throughout. Commissioner Reyes: But in this emergency ordinance, you see, you'll be hurting those small restaurants. It doesn't matter if it is two days. You're hurting those restaurants -- small restaurants that they are surviving with -- I mean, by having a little window and having -- even what we have been trying to do is started that program so they can keep their workforce instead of being laid off. They can use the waiters as deliveries. They could deliver the food and be working. And that is -- Vice Chair Russell: Thank you. So just to clam -- Commissioner Reyes: -- something that I done up here. Vice Chair Russell: -- because we have thought of that. Commissioner Reyes, I completely understand where you're coming from and I agree with you. When they establish a location, they're virtual. Nobody walks up to them and they don't advertise their location. They only exist on the internet for delivery. So people go to Sergio's. People actually order from Sergio's but there's a local delivery time that's cut down, and it can be fresh and hot. Commissioner Reyes: I know -- Vice Chair Russell: So they're not competing with the guy next door. They're competing with the whole internet. Commissioner Reyes: Listen, sir, I know the system. They came to my office, also, and I spoke with them, and I know how they work. But what I'm saying is they're on the internet, so are these restaurants and they are close to downtown Miami. And in this time of need what we have to do is we have -- instead of getting somebody else to come and take business away from those restaurants that they are striving now, what we have to do is to promote them more, you see. As a matter of fact, I've been promoting the restaurants in my district. I've been promoting. And in the internet, I've been promoting the restaurants in D4 (District 4), so people will patronize them, because that's the only way that those people are going to survive. We don't know if it's going to be 14 days. We don't know if it's going to be 60 days. And most of them, they cannot -- I mean, they cannot survive unless we help them, and they start getting loans and grants, because we don't know. This is something that is -- if it is something that is certain about this period, it's we don't know when it's going to end, you see. We don't know. And I don't think that it is our job now is to hurt those people that -- those little restaurants that they are surviving now by bringing some competition to them, you see. Commissioner Carollo: Can we bring this to a head? Chair Hardemon: I would like to. Later... Chair Hardemon: All right, and what's the direction that we've come to the conclusion with, with all this discussion we've had? Commissioner Carollo: Well, from what I'm hearing, the motion, as Commissioner Diaz de la Portilla stated, would be for 14 days. It would be for a thousand feet, with the exception -- taking into consideration what Commissioner Reyes said on downtown, and what Commissioner Russell said, that it would not be in Coconut Grove, that it would be limited for him to have two places that could be within 250 City of Miami Page 106 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 feet, in Brickell, so the rest of the City will be a thousand with the exception of a couple of places that would be up to 250 feet in Brickell -- Vice Chair Russell: And downtown. Commissioner Carollo: --14 days. Commissioner Diaz de la Portilla: And downtown. Commissioner Reyes: Downtown is not -- they're not going there. Commissioner Carollo: Downtown, Commissioner Reyes is not in favor of it so I think -- Commissioner Reyes: That's right. I'm not in favor of that. Commissioner Carollo: -- we're going to lose the votes; that's why I didn't include it. Commissioner Reyes: That's right. Vice Chair Russell: Oh, so Brickell only? Commissioner Reyes: Brickell only. Vice Chair Russell: We'll take it. Whatever I can get that has the consensus of the majority of this board, I'll take it -- Commissioner Carollo: We'll give you two places -- Vice Chair Russell: -- because we do need it. Commissioner Carollo: -- in Brickell. Commissioner Reyes: And that's it. Commissioner Carollo: And you give the addresses to the Manager. Everything else would be a thousand feet. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: That works. Commissioner Carollo: In all districts for the emergency period. And the Manager will discuss with each of us what sites he wants to open up. Victoria Mendez (City Attorney): Commissioner Carollo, unfortunately, it's based on where the Zoning Ordinance allows it. Commissioner Carollo: Yes. Ms. Mendez: And we have, pursuant to our City Code, taken it out of District 3. So I would appreciate if -- Commissioner Carollo: Okay. Ms. Mendez: Unfortunately (INAUDIBLE) -- City of Miami Page 107 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 NA.5 7387 City Commission Commissioner Carollo: Okay, then incorporate the ordinance into it. Ms. Mendez: Oh, okay. Thank you. Commissioner Carollo: Sure. Commissioner Reyes: And I'm clear -- we're clear that we don't have these food trucks or kitchens in downtown Miami. Chair Hardemon: Okay. So is the direction cleat, or do you want to take a vote on the direction? Commissioner Carollo: I think the direction is clear. Commissioner Reyes: It's clear, okay. Chair Hardemon: All right, so then let's move on. DISCUSSION ITEM DISCUSSION BY CHAIR HARDEMON REGARDING THE CITY OF MIAMI'S SOLID WASTE AND RECYCLING COLLECTION SCHEDULE DURING THE DECLARATION OF A STATE OF LOCAL EMERGENCY DUE TO COVID-19. RESULT: DISCUSSED Chair Hardemon: Okay. And before -- so there's a couple things. I mean, we have one thing basically left that's on the agenda. I wanted to say to the Administration, this reduced schedule for trash pickup is problematic. And it's interesting, because, you know, for me, I kind of take it as a backdoor way of doing some things that I know Solid Waste had been trying to do for some time now. So, for instance, we know that all of us enjoy once a week we get bulk trash pickup. And there's been the discussion about is that too much because in the County, for instance, they get it significantly less and other counties -- in other cities, they get it significantly less. Victoria Mendez (City Attorney): Twice a year, twice a year, unfortunately. Chair Hardemon: Yeah, in the County. But it's also why the County looks like how it looks. If you go into areas -- there are areas that are abutting my district that, I mean, it is completely frightening to see how much garbage, trash is out in the street. And it becomes a way of life, and that's not how anyone should have to live within the community. And so, I say that to say we know that we have illegal dumping that happens within our City. We know that people who illegally dump, they know that it's going to be picked up and that's why they do it. But essentially they do it -- no, I'm sorry. Let me rephrase that. They do it because they don't want to pay the fee for actually dumping it legally. And so, they break the law and they dump it in the City of Miami. And in the City of Miami, we pick up. But also, we have residents that put bulk stuff out and they expect the pickup every week and they pay the fee to have that service. And so, what I'm worried about here is that when you make these sort of changes, you're going to have communities where you're going to have a significant amount of bulky trash that's in the street. And I saw something in the City of Miami that there was this schedule of the bulky pickup, so it wasn 't -- it was no longer than it was just, say for instance, Mondays. It was like Monday, Tuesday, Wednesday -- it depends on the area. And so, I think that kind of also leads to a lot of confusion about City of Miami Page 108 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 what trash is going to be picked up and when it's going to be picked up. And so, you know, we -- this is something that I wanted to discuss. And luckily for us, we have some constituents that called in to make an objection to it. I understand with the recycling, because all we're doing is moving recycling to the trash or the garbage bins, and that's fine. But the -- at least that bulky trash pickup I think is problematic for the beauty of our spaces. Any other Commissioners want to opine on this? Commissioner Reyes. Commissioner Reyes: Yes. Yes, and I'm glad you brought this up. And I had a conversation with Mario when I was informed about the every -other -week pickup. And I agree with you that there has been -- before, there have been suggestions by the previous City Manager that it was once a month or whatever, and I was totally opposed to that. I made it clear that I was not in favor of every -other -week pickup because -- I mean, just for all the reasons that you so clearly stated, Commissioner Hardemon, because our city and our neighborhoods, they are looking -- I mean, a lot of trash in it. And as you drive around, people, they just bring it out. And the way that it is now, we still have problems, because people, they don't comply. That's for lack of enforcement. And they bring it up on Sunday when they're going to be pick up on Wednesday. And the way that it is now is problems and we have problems with it. Imagine if we are going to do it every other week and people know that it's every other week. Some people -- most of the people that come to the City of Miami to, I mean, illegal dump their trash, they come because we don't catch them, you see. And what we have to do, we have to catch them. And to that effect, I think that we have bought some cameras, and they should be strategically located so we can go after them and fine them, and if we catch them, let's confiscate the vehicle that they brought the -- or be -- I mean, they should be penalized, very harshly penalized. And that's how to solve the problem, not to -- by saying, "Okay, if they come and they dump -- illegally dump in Miami, well, they're going to do it anyways." But then now I'm going to pick it up a month or two month. They will come to the City of Miami, because we don't catch them, you see, and we don't fine them, and there is no -- at this time, it's very easy to come and dump and leave, you see. And that is the problem that we have. Imagine if we do it every other week. People are not going to stop coming to the City of Miami to illegal dump, because it's going to be every other week or every month. And I agree with you that this have created problems, and it's going to create more problems, and our City's going to look horrible, horrible. My neighborhood, it's two weeks without the picking up the bulk trash. It looks horrible, and I had a lot of complaints about it. Chair Hardemon: Mr. Casamayor. Fernando Casamayor: Thank you, Commissioners. Fernando Casamayor, Assistant City Manager. Just to let the Commission know the reason behind the reduced schedule and the elimination of the recycling. What we thought of was having to deal with the attrition that we anticipated with our -- some of our employees getting sick or having to be isolated, unlike Police and Fire, the number of people that are qualified to drive the Solid Waste trucks, whether they're the boom trucks that have to pick up or the ones that have the one arm, are -- it's a limited number. It's not the entire group that we have. So we did this in anticipation of still continuing to provide solid waste services that we need to provide, but to also be able to not miss any of the bulky waste pickups that people put out there if I have to start missing routes. We have missed a couple of routes since the beginning of this emergency. We run routes on the weekend to try to make up for the ones that we've lost. So, fortunately, we haven 't had an enormous amount of employees be out yet. We do have two employees in Solid Waste that have tested positive and several others that are isolated. We are working to train additional employees to drive trucks so that we have a pool, let's say, of individuals that we can pull in in order to deliver services. And again, this is strictly during this emergency period -- City of Miami Page 109 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 NA.6 7390 City Commission Commissioner Reyes: Okay. Mr. Casamayor: -- so that we can cover what is one of the most essential services in any municipal government, which is the solid waste collection. I understand that a lot of individuals are upset, because they're very used to the weekly collections on the bulky waste. We knew that this would be an issue that could possibly affect some of those individuals. But again, it was a decision that was made in order to ensure that we still have coverage. Chair Hardemon: You see -- I will recognize you in a second, Commissioner Reyes. The issue is not just, for instance, me as a homeowner putting out some things and I expect it to be picked up. The issue is that things are put out, and they remain out. And so, you know, you're going to have all this accumulation of trash, right? And then there's no -- you don't know when to put it out. So the responsible homeowner knows that I put it out on Sunday and the next day it comes out, they pick it up. But now if it's sporadic, you know, well, when do I put it out as a responsible homeowner? And then I'm looking at the trash that's maybe in the median and it's just growing, and when are they coming to get this? And so, I think that's part of the issue. Commissioner Reyes. Commissioner Reyes: Yes. And I also want to make sure that this -- I mean, this schedule that we have now, it will not continue when we get out of this. And my biggest fear is -- besides everything that Commissioner Ken Russell have said -- that now we're going to establish the every -other -week pickup, which I think it will be real bad for the City of Miami and is going to hurt the way our City looks. And it's not -- let me -- it's not healthy, also. It is not healthy, you see. So make sure that we go back when we -- when we go back to normal, we go back to the normal pickup of trash. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FEDERAL GOVERNMENT AND THE STATE OF FLORIDA ("STATE"), BOTH AT ALL NECESSARY AND APPROPRIATE LEVELS, (A) TO BASE ALL FUTURE AID REGARDING THE NOVEL CORONAVIRUS COVID-2019 DISEASE ("COVID-19") TO BE DISTRIBUTED DIRECTLY TO AND BASED UPON THE NUMBER OF POSITIVE CASES OF COVID-19 IN EACH MUNICIPALITY AND NOT ON POPULATION AND (B) SPECIFICALLY TO ALLOW AID TO BE PROVIDED TO MUNICIPALITIES WITH POPULATIONS OF LESS THAN 500,000 RESIDENTS FOR PAST, PRESENT, AND FUTURE DIRECT AND INDIRECT COSTS AND EXPENSES; DIRECTING THE CITY CLERK TO TRANSMIT CERTIFIED COPIES OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-20-0115 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes City of Miami Page 110 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 NA.6 7390 City Commission NA.6 7390 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FEDERAL GOVERNMENT AND THE STATE OF FLORIDA ("STATE"), BOTH AT ALL NECESSARY AND APPROPRIATE LEVELS, (A) TO BASE ALL FUTURE AID REGARDING THE NOVEL CORONAVIRUS COVID-2019 DISEASE ("COVID-19") TO BE DISTRIBUTED DIRECTLY TO AND BASED UPON THE NUMBER OF POSITIVE CASES OF COVID-19 IN EACH MUNICIPALITY AND NOT ON POPULATION AND (B) SPECIFICALLY TO ALLOW AID TO BE PROVIDED TO MUNICIPALITIES WITH POPULATIONS OF LESS THAN 500,000 RESIDENTS FOR PAST, PRESENT, AND FUTURE DIRECT AND INDIRECT COSTS AND EXPENSES; DIRECTING THE CITY CLERK TO TRANSMIT CERTIFIED COPIES OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-20-0115 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FEDERAL GOVERNMENT AND THE STATE OF FLORIDA ("STATE"), BOTH AT ALL NECESSARY AND APPROPRIATE LEVELS, (A) TO BASE ALL FUTURE AID REGARDING THE NOVEL CORONAVIRUS COVID-2019 DISEASE ("COVID-19") TO BE DISTRIBUTED DIRECTLY TO AND BASED UPON THE NUMBER OF POSITIVE CASES OF COVID-19 IN EACH MUNICIPALITY AND NOT ON POPULATION AND (B) SPECIFICALLY TO ALLOW AID TO BE PROVIDED TO MUNICIPALITIES WITH POPULATIONS OF LESS THAN 500,000 RESIDENTS FOR PAST, PRESENT, AND FUTURE DIRECT AND INDIRECT COSTS AND EXPENSES; DIRECTING THE CITY CLERK TO TRANSMIT CERTIFIED COPIES OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-20-0115 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Mayor Francis Suarez: I have a pocket item as well that the City Attorney has asked me to articulate because of the public comment. And the pocket item is asking the Federal Government to either rethink in the way that it allocates funding or in the next round of the stimulus money to allocate funding differently based on the number of cases that a city has of COVID-19 in terms of stimulus money, not on population. City of Miami Page 111 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 Right now, in the first round of stimulus, we're cut off at half a million, 500,000 population. And the City of Miami, depending on what statistics you look at, may be slightly under that at 470. And so, I think that's a major concern because as we're going to hear with the budget presentation, we're going to have a major deficit coming into this year, and I think it's imperative that the federal government, if they're going to provide funding to governments -- (INAUDIBLE) $8.3 billion to the state of Florida -- that that money flows through directly to the City without any impairment or any sort of impediment. And so, I would ask -- you know, right now I think the only city that has over a half a million guaranteed in population is Jacksonville and they have one-fourth the amount of cases that the City of Miami has. They have one -tenth of the amount of cases that Miami Dade County has. So I think the better formula is to do it based on number of COVID cases and not necessarily on population. Thank you, Mr. Chair. Commissioner Carollo: Mayor, I'll be happy to make the motion on that. And I think that's a very good resolution that you presented for us to consider. Commissioner Reyes: And I would -- Commissioner Carollo: Let me point out that the reason Jacksonville meets that over half a mill is because they're also a county and a city together. It's kind of peculiar that the county is also the city and that's why they meet that. If they were not that, like all the other cities in the other 66 counties in Florida, they also would not meet it. Mayor Suarez: That's correct. Commissioner Reyes: I will second it, yes. Chair Hardemon: So, we make sure that it was put on the record -- I'll recognize you, Commissioner Diaz de la Portilla. We want to make sure that was put on the record so that we could have public comment roll in because once we finish the second reading ordinances, we'll kind of go back to the pocket item that we discussed earlier. Commissioner Diaz de la Portilla and then Commissioner Russell. Commissioner Diaz de la Portilla: Thank you, Mr. Chairman. And Mr. Mayor, I commend you for that resolution. I think it's very good, very well timed and very necessary. I think that we're going to have a special session in Tallahassee, probably in July, where Tallahassee gets those dollars from the Federal Government, and then they allocate those dollars. At some future meeting I'll recommend that we probably -- one of us do a pocket item or an item that asks Tallahassee to do the same thing; that they deal directly with the cities and bypass the counties, because I think we know best how to govern the people that we represent, the people that elected us. I think we've shown that through this entire crisis, and I think we'll continue to show that by leading the way, leading the State and leading the nation in many cases on important measures to keep our people safe and healthy. And I think it's important that we also do the same resolution to Tallahassee itself when they allocate those dollars, that those dollars -- Mayor Suarez: I agree, I agree. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You have the floor, sir. Vice Chair Russell: Thank you. As it's related to the earlier pocket item regarding HR 6467 that is already being introduced at the federal level, is it possible to combine what the Mayor is asking? And not only are we supporting the bill that cities under City of Miami Page 112 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 500,000 get support directly from the Federal Government, but that we also advocate that they create a measurement stick with regard to number of cases that -- in that allocation. Commissioner Reyes: I agree. Vice Chair Russell: And then further directing the Manager to study that bill and make sure that all of our expenditures are lining up with our ability to get reimbursed from that. Mayor Suarez: Totally agree. Commissioner Reyes: Mr. Chair, if it is possible to include that suggestion that Commissioner Russell is doing, I strongly agree with it, with him. I think that it will have more effect than have two different resolutions. I think that that one is specifically stating that our cities -- cities that they are less than 400 -- I mean, 500, 000, that they are going to be -- the assistance is going to be based on the number of people that have been contaminated by the virus. I think that's a good measure, and Mayor Suarez, I think that was very well thought. Chair Hardemon: Okay. Later... Chair Hardemon: Now I know there was a -- Mr. -- Mayor Francis, you had a pocket item. Commissioner Reyes: Yes. Mayor Suarez: Yes. And I believe I articulated it. I don't know if there's any public comment on it. I know that the City Attorney had asked that we announce it so that the public could comment on it. And basically, the essence of it -- and I think you should have all received a copy of it -- is essentially that the Federal Government, when it's providing stimulus money to other governments, (INAUDIBLE) this $150 billion, it's providing $8.3 billion that's going through the State (INAUDIBLE). And I like Commissioner Diaz de la Portilla's idea of also maybe we include in that motion that we also urge the State to provide relief to the City. And we just heard our Budget Director talk about the economic impact of this for the year, the fiscal year. And one of the ways to avoid this economic impact is if some of the stimulus money flows to us that may prevent us from having to make any sort of personnel decisions that none of us would like to do, would like to have to make. So I just would ask the Commission to please move it and I thank you for your support. Commissioner Carollo: I made the motion previously, Mayor. Mayor Suarez: Thank you. Commissioner Diaz de la Portilla: I'll second it. Mayor Suarez: Thank you, Commissioner. Thank you, Commissioners. Commissioner Diaz de la Portilla: Thank you. Chair Hardemon: So that motion was in conjunction with your -- it was the same, Commissioner Carollo, correct? Your item and Mayor's request. Commissioner Carollo: No, no. This is separate than my motion. City of Miami Page 113 Printed on 9/01/2021 City Commission Meeting Minutes April 9, 2020 ADJOURNMENT Chair Hardemon: Okay. So then it's been properly moved by Commissioner Carollo, seconded by Commissioner Alex Diaz de la Portilla. Any further discussion? Commissioner Carollo: Nope. Todd B. Hannon (City Clerk): Mr. Chair, my apologies. Was this also including Commissioner Russell's non -agenda regarding HB-6467. Commissioner Diaz de la Portilla: No. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: No. Commissioner Reyes: Well -- Commissioner Carollo: No. Victoria Mendez (City Attorney): A suggestion was made to combine it but -- Commissioner Reyes: The suggestion was made to combine. Ms. Mendez: Right so -- Vice Chair Russell: No. Ms. Mendez: -- would you like to -- Vice Chair Russell: The combination recommendation was about two other things, I believe. Mayor Suarez had a recommendation about the federal funds applying to cities based on COVID infection. Commissioner Reyes: That's right. Vice Chair Russell: This has nothing to do with the airport. Mr. Hannon: My apologies, understood. Ms. Mendez: Right. We're not -- let's just keep them separate. Then we'll just make the amendment with regard to Alex -- Commissioner Alex Diaz de la Portilla's suggestion to also send it to the State Government. Is that fine? Commissioner Diaz de la Portilla: That's correct. Commissioner Carollo: That's correct. Call the question. Chair Hardemon: Okay. It's been properly moved and seconded. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. The meeting adjourned at 1:27 p.m. City of Miami Page 114 Printed on 9/01/2021