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HomeMy WebLinkAboutCC 2020-10-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com �YOp r 1 ' 'Parr +� v * INCORP ORATEO * 1896 Meeting Minutes Thursday, October 22, 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 October 22, 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 22nd day of October 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 9:14 a.m., recessed at 12:50 p.m., reconvened at 3: 05 p.m., and adjourned at 7:12 p.m. Note for the Record: Commissioner Carollo joined the virtual meeting at 11:19 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk PART A - NON -PLANNING AND ZONING ITEM(S) ORDER OF THE DAY Chair Hardemon: Good morning, everyone. Welcome to the October 22nd, 2020 meeting of the Miami City Commission. Pursuant to Executive Number -- sorry, pursuant to Executive Order Number 20-246, issued by the Office of Governor Ron DeSantis on September 30, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology, such as telephonic or videoconferencing, as provided by Section 120.545(b)(2) Florida Statutes. Procedures for the public comment will be explained by the City Attorney shortly. Procedures for the swearing in of parties for the Planning and Zoning and/or quasi- judicial items will be explained by the City Clerk. The members of the City Commission appearing remotely for this meeting are Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, Ken Russell, and me, Keon Hardemon. Also appearing remotely are City Manager Art Noriega; City Attorney Victoria Mendez; and City Clerk Todd Hannon. Madam City Attorney, please state the procedures to be followed during this meeting. Barnaby Min (Deputy City Attorney): 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. Pursuant to Section 2-33(f) and (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 full 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. Because this is a virtual meeting, as City of Miami Page 1 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 authorized by the Governor of the State of Florida, members of the public wishing to address the body may do so by visiting miamigov.comlvirtualmeeting to upload their two -minute video comments to he played during the virtual Commission meeting, or to submit their written comments via the online comment form. The comments submitted through the comment form have been distributed to the elected officials and the City Administration throughout the day so that the elected officials can consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials up until the time the Chairperson closes the public comment. Members of the public may also call 305-250-5353 to provide comments via the dedicated City of Miami public comment voicemail, where the individuals will be able to leave a two -minute message that will be played during the virtual Commission meeting. Members of the public niay also pre -register to provide live public comment by phone during the meeting. You may pre -register by phone by calling 305-250-5350, or online at miamigov.comlgovernmentllive- public-comment. All comments submitted will be included as part of the public record for this virtual meeting and will be considered by the City Commission prior to 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. The City has set up a terminal in the event members of the public travel to City Hall to provide public comment. Speakers who appear in person will be subject to screening for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall. All interested parties are required to abide by all State, County, and local emergency orders, and urged to remain at home and practice social distancing. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the 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. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notes the City Clerk. Section 286.014(4)(c) of Florida Statutes authorizes the City to prescribe procedures or forums for an individual to use in order to inform the board or Commission of the desire to be heard, to indicate his or her support, opposition, or neutrality on a proposition. The City, through its multiple comment options has provided five different methods to indicate, among other things, the public's support, opposition, or neutrality on the items and topics to be discussed at today's virtual Commission meeting. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity in time before the meeting. These public comment options established and provided for this regular City Commission meeting comply with Section 286.014 and Section 120.54 of Florida Statutes. The City has also created a simple set of instructions explaining how the public may submit their comments with either option. Those instructions were provided in the notice to the public via the City's social media channels and published online at miamigov.comlvirtualmeeting. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Planning and Zoning items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance as temporarily modified by Emergency Ordinance Numbers 13902, 13903, and 13914. Pursuant to Emergency Ordinance Number 13903 and 13914, parties for any Planning and Zoning items, including any applicant, appellant, appellee, City staff and any person recognized by the decision - making body as a qualified intervenor, as well as the applicant's representatives and any experts testifying on behalf of the applicant, appellant, or appellee may either be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk, or may appear virtually and make arrangements to be sworn in by oath or affirmation in person at their location by an individual qualified to perform such duty. Pursuant to Emergency Ordinance Number 13903, members of the general public who are not parties to an action before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute Section 286.015 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with staffs recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 City of Miami Page 2 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 and the City Code providing that the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will he allowed to make any recommendations they may have. The City of Miami requires that anyone requesting actions by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action pursuant to Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. If any Commissioner thinks the documents supplied to the Commission less than seven days before merit a continuance, the item may be continued by the City Commission. 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. The City is using Zoom to hold its October 22, 2020 City Commission meeting. Zoom is a cloud platform for video and audio conferencing, collaboration, chat, and webinars across mobile devices, desktops, telephones and room systems. In order to ensure the public has the ability to view the meeting, the City's Communications Department will broadcast the meeting through all usual avenues that are provided when a City Commission meeting is held fully in Commission chambers at City Hall. The meeting can be viewed online at miamigov.comlty, through the City's Facebook page, on the City's Periscope channel, on the City's YouTube channel, and on Comcast Channel 77. The broadcast will also have closed captioning. Additionally, the City has not selected a virtual platform that requires the public to purchase or download any additional software or equipment to watch this meeting. Aside from the Zoom platform and that the participants will be appearing remotely, the public will have no discernable difference in their ability to watch the meeting. Commissioners, please confirm you are comfortable with the notice provisions as set forth in these uniform rules of procedure. Commissioner Diaz de la Portilla: Confirmed. Mr. Min: Thank you. Chair Hardemon: Mr. City Clerk, can you please state the swearing in procedures to be followed? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows: The members of the City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in at their location by an individual qualified to administer the oath. After you are sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please email a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com prior to providing testimony on the Planning and Zoning item and/or quasi-judicial item. The affidavit shall be included in the record for the relevant item for which you will be providing testimony. Chair, there is no one in the Chambers to be sworn in, so we may proceed. Chair Hardemon: Thank you very much. [Later...] Chair Hardemon: And are there any withdrawals, continuances, or deferrals that the Administration would like us to consider? City of Miami Page 3 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Arthur Noriega (City Manager): Good morning, Mr. Chairman, Mr. Vice Chair, Commissioners, Madam City Attorney, and Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: To be withdrawn, PH.3; to be withdrawn, RE.4; to be deferred to the November 19th meeting, DI.3; to deferred to the November 19th meeting, PZ.4; and to be deferred to the November 19th meeting, PZ.5. That concludes the items. Chair Hardemon: Commissioners, are there any items that you would like to continue, withdraw, or defer? Commissioner Reyes: Could you hold on a second, Mr. Chairman? Let me check because -- DI (Discussion) -- Chair Hardemon: Absolutely. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: (UNINTELLIGIBLE) -- Commissioner Reyes: DI3 is being deferred, right? D13, yes. Chair Hardemon: DI.3 is being deferred, yes. (UNINTELLIGIBLE) -- Commissioner Reyes: (UNINTELLIGIBLE) being deferred. Chair Hardemon: Commissioner Russell, go ahead. Vice Chair Russell: Thank you, Mr. Chairman. Is this your last meeting with us today? Chair Hardemon: I don't think so. I think we have all kinds of meetings. You know, we're still scheduled, not as bad as the County. Vice Chair Russell: I keep wanting to, you know, not celebrate that you're leaving, but to celebrate with you that you're here with us. Chair Hardemon: I appreciate it. Vice Chair Russell: We'll celebrate each one of them. All right. I'd like to be noted as a cosponsor on PZs (Planning and Zoning) 10 and 11 please. And if appropriate now, I'd like to enter a pocket item. But no, I do not have any deferrals, withdrawals, or continuances. Chair Hardemon: Okay. We're going to handle the withdrawals, deferrals, and continuances, and then we'll go -- Commissioner Reyes: Mr. Chair. Chair Hardemon: Yes, you're recognized, sir. Commissioner Reyes: I would like to be a cosponsor of RE. 6. Chair Hardemon: Wonderful. Any other continuance, withdrawals, or referrals? Mr. Hannon, you're recognized. Todd B. Hannon (City Clerk): Thank you, Chair. If I may, there are number of cosponsor requests. For CA.4, Commissioner Diaz de la Portilla, Commissioner Carollo, and Commissioner Reyes would like to be cosponsors of CA.4. Commissioner Diaz de la Portilla City of Miami Page 4 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 would like to he a cosponsor for SR.1, SR.2, and SR.3. And Commissioner Carollo would like to be a cosponsor for PZ.10 and PZ.11. Thank you, Chair. Chair Hardemon: Thank you. Is there a motion to -- in accordance with the request for continuances, withdrawals, and deferrals? Vice Chair Russell: So moved. Chair Hardemon: Seconded by the Chair. Seeing no further discussion regarding the issue, all in favor, say "aye. le The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries [Later...] Commissioner Diaz de la Portilla: And then also, Mr. Chair, if I may, before you go to public comment, I want to be listed as a cosponsor on FR.4 please. Chair Hardemon: Noted for the record. Commissioner Diaz de la Portilla: Thank you. PUBLIC COMMENTS FOR ALL ITEM(S) 8086 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE OCTOBER 22, 2020 VIRTUAL CITY COMMISSION MEETING. RESULT: PRESENTED Chair Hardemon: Okay. Let's open up the floor for public comment, live -- those who are live at City Hall. Is there anyone live at City Hall? Israel Vasquez (Web Developer II, Information and Technology Department): Yes, we have two. They'll be on shortly. Adriana Oliva: Hi, everyone. My name is Adriana Oliva. 3545 Southwest 3rd Avenue. And I'm the community liaison for the Wynwood Norte -- the Wynwood Community Enhancement Association. It's a pleasure to be here to speak to the Commission in support of the Wynwood Norte Neighborhood Revitalization District NRD-2, Items PZ.6, 7, and 8 on today's agenda. The Wynwood CEA (Community Enhancement Association) mission is to provide a unified voice for neighborhood improvement and enhancing the quality of life of current and future residents. The association is comprised of residents, property owners, business owners, and community -based organizations reflective of the diversity in Wynwood Norte. And we have continued to expand the ways in which we reach out to people in both English and Spanish. We have worked closely with community -based organizations active in Wynwood, including the De Hostos Senior Center, the Puerto Rican Chamber of Commerce, the Bake House Art Complex, and Mission San Juan Bautista, just to name a few. We're so appreciative to be at City Hall last November when the City Commission passed a City of Miami Page 5 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 resolution recognizing the Wynwood Norte community vision plan and directing the City Administration to study the implementation of the vision plan. After many productive workshops, focus groups, a town hall event in June, and hosting several additional presentations from the Planning Department over the past year, the Wynwood CEA board in September passed a resolution in support of the Wynwood NRD-2 legislation, which is consistent in fiirthering the goals in the community vision plan to support community reinvestment, facilitate much needed new housing, and creating economic opportunities for small businesses and local residents. The community input and support has been incredible. There are approximately 75 letters of support submitted to the City and included in your backup materials today. And countless other residents and community, stakeholders have spoken in support at the Planning and Zoning Appeals Board, which recommended approval earlier this month. You may hear from a number of community stakeholders today as well. I want to express our gratitude to Chairman Hardemon, our district Commissioner, also to Mr. McQueen, Natalie, and the entire District 5 staff who have been so supportive and helpful in working with us on community initiatives over the past two years. We would not be here today without your support. Thank you, City Commissioners, Jro your support of the Wynwood Norte Neighborhood Revitalization District. We look forward to continuing working together. Have a great clay. Keon Williams: Hi. Good morning. My name is Keon Williams, 1235 Northwest 52nd Street, Miami, Florida. I'm here this morning as a business owner in the Overtown community speaking out against the agenda item FR.4. This is something that I've spoken with my Commissioner -- Chairman Hardemon's chief of staff with yesterday in regards to it. We recognize that as a business that operates in the historic Overtown neighborhood, around us is a lot of residential properties and residents. But as far as our business goes, this will severely put us at a disadvantage in terms of us being able to operate. In the historic Overtown neighborhood, you know, on an average, we employ eight employees at a minimum of $15 an hour. This is something that we have embraced at the leadership of the City of Miami, particularly our Chairman, asking for folks to improve the quality of life, and this is something that we've done. And so this item here, which is restricting all types of noises that are being made coming from, you know, some of the low speakers that we have out there is going to be very problematic for us. To give you an example of some things, you know, you can have a hundred people gathered at our venue with no music playing and it will exceed this noise ordinance that is being talked about here today, just with people talking, with no music. And so, I'm here on behalf of many, of the businesses that are also in the neighborhood. I expect that if this should go forth to a seconding read, many more of us will be here. I'm just here today because I was able to get over here quickly enough, but I thought it was important that you Commissioners see my face and hear from the members of the Overtown community because this is something that we believe is going to be very disruptive to the business models that we have there. We are one of the few businesses that actually care about our neighbors. We have a close working relationship with them. And so I just want to make sure that this item recognizes that it does have people speaking out against it because of what it's actually going to do to us who are trying to revive the neighborhood. I want to thank my Chairman, Keon Hardemon, who is our district Commissioner, for your leadership. I ask that this item is not moved forward because of what it does to the businesses in our neighborhood. Thank you for your time, Commissioners. Have a good day. (COMMENTS MADE OFF THE RECORD) Unidentified Speaker: Yes, sir. Mr. Vasquez: We'll go to Call Taker 1. Call Taker 1, go ahead. City of Miami Page 6 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Unidentified Speaker: Go ahead, caller. You are live with the City Commission. You may speak now. Christian Noffra: Good morning. My name is Christian Noffra, and I'm a homeowner at 105 Northwest 31st Street in Wynwood. I'm calling to ask the City Commission to support the Wynwood Norte Neighborhood Revitalization District on today's agenda, Items PZ.6, PZ.7, and PZ.8. I love this neighborhood, and you can walk from my house to Midtown or the Wynwood Art District. And Downtown and the airport's just a quick Uber ride away. I know a lot of residents that live here don 't even need a car. But I'll tell you that this neighborhood faces a lot of challenges. A lot of old residential buildings have been torn down. Many families and small businesses have left the neighborhood, and more vacant lots keep popping up, but no new buildings to replace the old ones or new houses. This has been going on for a while, and it's partly because of the current zoning in place. It doesn't just make sense for this neighborhood. This NRD-2 could change that. It's going to allow for sensible development at three or four stories, new housing that people in the neighborhood can afford. And at the same time it keeps the neighborhood's feel. I think that it would be really nice to see this happen in the neighborhood. And this won't happen overnight obviously, but it's an important step in the right direction. I want to thank Commissioner Hardemon and his staff for working with the community. And thank you to all the Commissioners for supporting the Wynwood Norte Neighborhood Revitalization District. Thank you. Mr. Vasquez: Call Taker 2, go ahead. Unidentified Speaker: Sir, go ahead. You're live with the Commission. Bill Fuller: Hello? Unidentified Speaker: Yes, sir, go ahead. You're live with the Commission. Mr. Fuller: Yes, hi. Good morning. This is Bill Fuller, Little Havana, 1637 Southwest 8th Street, Suite 200. I'm speaking about two legislations proposed this morning. Joe, consistent with history, you continue to disregard your ethical obligation as a commissioner. At this point I can only imagine the torment you must be facing. Instead of listening to the federal magistrate when he asked you to refrain from activities of attacking and targeting our businesses, you continue down the track as a runaway train dragging with you City employees and other public officials in your web of deceit, corruption, and childish retribution. Just two weeks ago, you made a well -documented false complaint with Code Enforcement against our business. And nobody forgets the past when you and the Code Enforcement Board chair were caught on video at 9:00 pm on a weekday asking neighbors behind Ball & Chain to file complaints against us. You owe it to your peers, your subordinates, and the City employees to explain clearly in federal -- what has happened in federal court, that you have lost -- I say lost your diplomatic immunity. Your attorneys fought hard to protect you and even appealed to the higher court, and you still lost. You lost your right to be protected because your actions are deeply personal and have nothing to do with your office. Since you selfishly, haven't explained it to everyone, I will. Your commissioner thought that his office protected him from redirecting millions of dollars of taxpayer money to target the businesses of one individual. He believes it is right as a commissioner to mobilize Police, Code, Legal, and Building officials to inflict harm on an individual and his businesses. Meanwhile, he exposes any and all employees to similar personal exposure if they assist him in his actions. And lastly, he believes his office, with the help of other commissioners, can change the legislation to exact revenge. The other commissioners of this board should realize how Joe is manipulating you and the system to get what he wants. Today you will consider changing law without any citizens or businesses asking you to do so. It is just Joe and only Joe you will be doing this, for. (INAUDIBLE) City of Miami Page 7 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Todd B. Hannon (City Clerk): Mr. Fuller. Mr. Fuller, your two minutes have expired. Mr. Fuller: (INAUDIBLE) you will be changing the law to fairther bully (INAUDIBLE) -- Mr. Vasquez: Call Taker 3, go ahead. Unidentified Speaker: Hello, sir. You are live with the Commission. Please speak. Jamil Lacourt: Am 1 ready to go? Unidentified Speaker: Yes, sir. You are live with the Commission. Go ahead and speak. Mr. Lacourt: Great, thank you. Good morning, Chair, Vice Chair, and Commissioners. My name is Jamil Lacourt, and I am an employee of L&L Holdings with an address at 142 West 57th Street, New York, New York, 10019. We're speaking today in support of Items PZ.6, 7, and 8. L&L has recently invested in the Wynwood Norte neighborhood, and we are planning a development project which includes over an acre of landscape outdoor space open to the public at all times. We are extremely excited about the community driven process in developing this new legislation and in particular its incentives for affordable housing, community gardens, and especially the pedestrian oriented development. Thank you for your support today and have a wonderful day. Thank you very much. Mr. Vasquez: Call Taker 1, go ahead. Unidentified Speaker: Go ahead, ma'am. You are live with City Commission. Hello? Camelia Rojas: I'm sorry. Hi there. I'm Camelia Rojas. I'm on 3411 Northwest 1st Avenue. And I'd like to say that the package that's been presented to everyone is a pretty picture, but it honestly isn't going to work out for the residents out here, especially with the long-time owners. We have drainage problems that the streets are obviously flooding still, and they haven't been addressed. The jobs -- honestly, I haven't seen any residents working in Midtown, and we've been waiting for that for years. I've been denied as well. And I just want to -- you know? -- talk about -- think about this and how everyone -- the residents will be displaced from the neighborhood. That's all. Mr. Vasquez: Call Taker 2, go ahead. Call Taker 2, you may go ahead. Call Taker 3, you may go. Unidentified Speaker: Hello, sir. You are live with the Commission. Please speak. David Polinsky: Yes, I'm here. Unidentified Speaker: Hello? Mr. Polinsky: Yes, I'm here. Unidentified Speaker: Yes, sir. You are live with the Commission. Please speak. Mr. Polinsky: Okay. My name is Dr. David Polinsky -- go ahead? Yes. My name is Dr. David Polinsky; address 1040 Biscayne Boulevard. Okay, thank you. My name is Dr. David Polinsky; address 1040 Biscayne Boulevard, Apartment 3202, Miami, Florida, 33132. I'm a co-founder of the Wynwood BID (Business Improvement District), a small-scale developer, and community organizer. I'm speaking in support City of Miami Page 8 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 of FR.2, PZ.17 and 18, which comprise the Wynwood Streetscape Master Plan and NRD amendments. These legislative items are the result of a community inspired process that adds streets and other pedestrian -oriented improvements. (COMMENTS MADE OFF THE RECORD) Mr. Polinsky: Can you hear me? Unidentified Speaker: (UNINTELLIGIBLE). Mr. Polinsky: You're cutting in and out. Unidentified Speaker: Hello, sir. Please continue. Mr. Polinsky: Okay, thank you. Thank you, okay. These legislative items are the result of a community inspired process to add street trees and other pedestrian oriented improvements to what is today a sundrenched neighborhood with broken streets. These improvements will be paid for by the developers and the Wynwood BID who will benefit most from them. The program also includes innovative ideas for incentivizing development of affordable housing as well as studios and one bedrooms, which are more attainable for young people. Lastly, I wanted to express our appreciation and support for the work done by Chairman Hardemon over the past four years in support of community develop for all the residents, employees, and visitors to Wynwood. If newly elected to County Commission, we look forward to your continuing support for the city of Miami. Thanks so much. Mr. Vasquez: Call Taker 1, go ahead. Unidentified Speaker: Caller, you're on live with Miami City Commission. You may speak now. Ralph Polinsky: Okay. Well, hello everyone today. My name is Ralph Polinsky, and my address is at 127 Northwest 33rd Street. And I'm speaking today because I want to give my full and absolute support of the Wynwood Norte neighborhood and the entire revitalization district, particularly Items PZ.6, PZ.7, and PZ.8. As a property owner for many years in this neighborhood, I participated in multiple, multiple community meetings that affects the zoning changes that we're here for today. And there's been many of these community meetings and workshops that I've been to and that the BID conducted over the past two years that have engaged many residents, property owners, and business owners in the neighborhood. I found that everyone in the neighborhood has been invited and welcomed to attend in both Spanish and English. And there's always been new people at each one of these meetings in attendance. It's been very inspiring thus far to see the community work together around this common vision to shape Wynwood Norte's' future. But I think it's going to benefit all stakeholders here. And "just want to thank all the commissioners for your support for Wynwood Norte NRD-2. And thank you very much for the opportunity to speak in front of you today. Mr. Vasquez: Call Taker 2, go ahead. Unidentified Speaker: Sir, go ahead. You're live with Commission. Eric Rudder: Hi. Good morning, everybody, and happy belated birthday to Commissioner Hardemon. My name is Eric Rudder, and I'm the co-founder of Carpe Real Estate Partners with David Weitz. My address is 240 Northwest 25th Street, Miami, Florida, 33137, right there in the heart of Wynwood. I'm calling today to speak on -- in .favor of PZ.6 and 7 and 8, and also, PZ.17 and 18. I believe that the Wynwood NRD-1 amendments are really a phenomenal thing to address. As you guys City of Miami Page 9 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 may know, our project in Wynwood, the Oasis, has a heavy, focus on landscaping. And one of the beautiful things that the NRD-1 legislation is that it's really focused on landscaping and streetscaping and making Wynwood have a more pleasant experience for the pedestrian. Wynwood Norte NRD-2 similarly is really focused on the character of the neighborhood and ultimately focused on community. What I love about both of these NRD legislation movements is that they're focused first and foremost on making people live -- allowing people to live better lives in Wynwood and Wynwood Norte today. I have full support for both of these. Thank you very much. Mr. Vasquez: Call Taker 3, go ahead. Unidentified Speaker: Hello, sir. You are live with the Commission. Please speak. Albert Garcia: Good morning, Mr. Chairman, Vice Chair, and honorable Commissioners. Thank you Jbr the opportunity to speak today. My name is Albert Garcia, 50 Northwest 24th Street, Miami, Florida. I'm the chairman and cofounder of the Wynwood Business Improvement District. Our 50 city block arts district is united in respectfully asking that you vote yes on agenda items FR.2, PZ.17, and PZ.18 during today's meeting. By approving these ordinances, you will allow our community to implement a new Wynwood Streetscape Master Plan that would be the first of its kind in the United States. The implementation of this new plan will further enhance the pedestrian experience and quality of life of our residents, area employees, and millions of annual visitors. This will be new pedestrian friendly streets, public green spaces, widened sidewalks, protected bicycle lanes, and district - wide signage to help guide pedestrians and motorists throughout the area. This will all be at zero cost to city of Miami taxpayers as the Wynwood BID and our commercial property owners will be funding the construction and maintenance of these new improvements. Our community appreciates the hard work and effort of the Miami Planning Department and design firm ArquitectonicaGEO for collaborating over the last 24 months with us to create this remarkable plan. Lastly, I'd like to take this opportunity to convey Wvnwood's gratitude to outgoing Chairman Keon Hardemon, our District 5 Commissioner, and Miami Planning Director, Francisco Garcia, for their many years of public service and leadership at the City. You have both played an integral role in helping transform Wynwood into the diverse, inclusive, and creative global destination that it is today. We're proud of what we have accomplished together and sincerely wish you both the very best in your next endeavors. Thank you, Mr. Mayor, and to each of our five commissioners for your continued support and leadership during these unprecedented times. Please stay safe and healthy. Mr. Vasquez: That is all for live public comments. Chair Hardemon: Okay. Let's move to recorded public comments. Aaron Stauber: Hello. My name is Aaron Stauber, and my address is 10155 Collins Avenue, Bal Harbour, Florida. Thank you for the opportunity to comment. I am speaking in favor of Item Number SR.3, which is an ordinance that will greatly strengthen the City's ability to protect our canals, rivers, and the Biscayne Bay from significant pollution that is being caused by runoff from development sites. Biscayne Bay is literally standing on an environmental cliff: Massive seagrass die -offs, .fish kills, and algae blooms are vivid demonstration that the bay simply cannot withstand additional pollution inputs. That includes those coming from construction runoff. These pollutants are entering our waterways through the stormwater system. They are directly responsible for the decrease in available oxygen levels in the bay and result in water quality decline. This ordinance would permit the City to act quickly and effectively to address construction site pollution and hold violators truly accountable for the harm that they are causing. The existing ordinances as written simply do not work. I'rn in favor of this ordinance as a measure to protect our bay and water City of Miami Page 10 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 quality. And I encourage this Commission to pass this measure on second reading today. Thank you very, much. Kendall Young: My name is Kendall Young, and my address is 2101 Brickell Ave. Thank you for the opportunity today to comment. I'd like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollutant inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through stormwater systems and can harm our seagrasses, can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I'm in favor of this ordinance as a measure to protect our bay and water quality. And I encourage the Commission to pass this measure on second reading today. Thank you. Leah Hough: Hi, there. My name is Leah Hough. I live at 200 Galen Drive, Apartment 114, Key Biscayne. Thank you for the opportunity to comment. I am calling to speak in behalf of -- to be in favor of Item Number SR.3. Key -- or excuse me, Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollution input, including those from construction sediment, debris, trash, and silt. They can enter our waterways through the stormwater systems and can harm our seagrasses. They can decrease available oxygen levels in the bay for marine life. They can also result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold those folks that are violators accountable. 1 am in favor of this ordinance as a measure to protect our bay and water quality. And 1 encourage this Commission to pass the measure on second reading today. Thank you. Dolores Gutierrez: My name is Dolores (UNINTELLIGIBLE) Gutierrez. My address is 150 Southeast 25th Road, Apartment 15G, Miami, Florida, 33129. Thank you for the opportunity to comment today. I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrass, can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I'm in favor of this ordinance as a measure to protect our bay and water quality. And I encourage the Commission to pass this measure on second reading today. Thank you. Dolores (UNINTELLIGIBLE) Gutierrez. Damaris Martinez: My name is Damaris Martinez. My address is 150 Southeast 25th Road, Apartment 9C, Miami, Florida, 33129. Thank you for the opportunity to comment today. I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, can decrease available oxygen levels in the bav, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I am in favor of this ordinance as a measure to protect our bay and water quality and encourage this Commission to pass this measure on second reading today. Thank you. Cathy Leff: My name is Cathy Leff, and I am acting director of the Bakehouse Art Complex, 561 Northwest 32nd Street. Thank you for the opportunity to appear today to enthusiastically support the creation of the Wynwood Norte Neighborhood Revitalization District, PZ items 6, 7, and 8. Bakehouse is a not -for -profit, IRS (Internal Revenue Service) recognized charitable entity that was created in part with City funding in the mid-1980s to provide permanent and affordable working spaces City of Miami Page 11 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 for artists and to engage positively with the community. Today, we're Miami's oldest and largest artist organization with more than 100 working artists deriving from diverse backgrounds. They receive studio residencies and infrastructure with the aim of developing their practices and achieving self-sufficiency. We provide a broad range of free cultural and educational programs for the immediate and extended communities. We were so grateful when in November 2019, you unanimously directed the Planning Department to work with us to develop the tools for the implementation of our community vision plan for Wynwood Norte. We were so honored to have been part of a participatory and inclusive community driven process and how the community and City staff came together to develop what is before you today. We believe the proposed NRD-2 provides a balanced approach to zoning and also recognizes the existing and long-standing community assets and character of the neighborhood. It provides opportunities to not only protect our residents from displacement, but also to add affordable -- a significant number of affordable and workforce housing to the neighborhood. Between the not -for -profit and publicly - owned properties, we can help address the City's affordable housing needs while building an economically viable neighborhood anchored by an array of existing cultural, educational, social, and recreational assets. As Miami artists struggle to afford to remain and survive in the City, our board is committed to working with the City and other neighborhood stakeholders to use the underutilized portion of our 2.3 acre campus to add affordable and workforce housing to our site, renovate Bakehouse for better artmaking practices today, and investing in expanded opportunities to serve the neighborhood. 1 want to thank Commissioner Hardemon for his leadership in sponsoring the proposed legislation and encourage you to support him today. Thank you. Silvia Agostini: Good afternoon. My name is Silvia Agostini. My address is 1812 Northwest 15th Street, Miami, Florida, 33125. Thank you for the opportunity to comment today. I'd like to speak in favor of Item Number SR.3. I think Biscayne Bay is at an ecological tipping point. It can't withstand the additional pollution inputs, that includes from construction sediment, debris, trash, silt, et cetera. These pollutants can enter our waterways through stormwater systems and can harm our seagrasses, decrease oxygen levels in the bay, and result in overall water decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I'm in favor of this ordinance as a measure to protect our bay and water quality, and I encourage this Commission to pass this measure on second reading today. Thank you. Andrea Iglesias: Good afternoon. My name is Andrea Iglesias, resident at 8630 Southwest 42nd Terrace, Miami, Florida, 33155. And I am the CEO (Chief Executive Officer) and executive director for Urban Health Partnership, here to speak on Agenda Item RE.7, 8023, regarding the Little Havana pedestrian priority zone. First, I want to thank Commissioner Carollo for sponsoring this important resolution in support of the Little Havana community. Urban Health Partnership is a nonprofit focused on improving health, wellbeing, and equity in our underserved communities in Miami and in the region. We worked in Little Havana for over six years, partnering directly with thousands of residents and local stakeholders to improve Little Havana's streets and public spaces to make them safer, healthier, and more accessible. And throughout this time, we've worked with residents and Healthy Little Havana community liaisons to conduct walking assessments, surveys, and other engagements to identify areas of need and also identify high -impact solutions, including as a partner in the Little Havana priority zones project. The need for having safe pedestrian facilities, especially around schools and parks, have come up over and over again as a resident concern. The Little Havana priority zone specifically addresses these concerns while also promoting meaningful benefits, such as increased safety, improved walkability, helping to address health disparities, and improve access to opportunity for Little Havana residents. Urban Health Partnership is in full support of the Little Havana priority zone. Thank you. City of Miami Page 12 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Benjamin Blanco: My name is Captain Benjamin Blanco, and my address is 17131 Southwest 85 Avenue, in Palmetto Bay. And while 1 am not a direct resident of the city of Miami, my livelihood absolutely depends on the health of Biscayne Bay. What's more, I'm calling on behalf of the multibillion -dollar fishing and tourism industry in the state of Florida whose foundation is inextricably connected to the health of the bay and our waterways. Thank you for the opportunity to comment. Today, I would like to speak in favor of Item Number SR.3, Second Reading 3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollutant inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through stormwater systems and will absolutely harm our seagrasses, will decrease available oxygen levels in the bay, and will result in -- further result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I am in favor of. this ordinance as a measure to protect our bay and water quality. And I encourage this Commission to pass this measure on second reading today. What's more, look at this as an investment in our economic future and a small step towards the legacy we're going to leave behind. The decisions we make, including this one today, will absolutely determine what is left here for our grandchildren to enjoy. Thank you for the opportunity to read today and I appreciate your time. Blanche Back: My name is Blanche Back. My address is 150 Southeast 25th Road, Brickell Biscayne Condominium. And 1 would like to speak in favor of Item Number SR.3. Biscayne Bay must be preserved. Thank you. Pedro Da Silva: Hello. My name is Pedro Da Silva. I live on 570 Northeast 53rd Street, in Miami, Florida, 33137. And I support for the NRD-2 proposal for Wynwood Norte. I've been in Wynwood Norte for the past five years, and I've seen the neighborhood declining, less people, more drugs, and many rundown and abandoned houses. So, I think we need to do something with this neighborhood. And this NRD and zoning change proposal I think is a great idea. It's well designed. It increases the density so we can bring more people. It also expands the commercial area, which will be a future need for the neighborhood, and it will allow it to grow. And I think it's done in a responsible way. It's very well designed, and I think it will really help the neighborhood. So, I hope it gets approved and thank you very much. Yoni Bornstein: Yoni Bornstein, president of the Wynwood Community Enhancement Association. I'm standing in front of one of our properties at 3200 Northwest 2nd Avenue. I'rn in full strong support of the NRD-2, PZ Item Number 6, 7, and 8. I wanted to come right here to the 50-yard line to show you guys some context of main street. This is the main artery of Wynwood Norte and it's completely dead. You have vacant properties over here. You have chain -link fences over here. You have unwalkable sidewalks, empty streets. We got to bring main street back to life. NRD-2 is going to help us do that. It's going to help us bring foot traffic back into the community. It's going to help give small businessowners an opportunity. And there's so much positivity that's going to come out of NRD-2. For all those reasons, we're in such strong support of it. Thank you to the Planning Department. Thank you to Commissioner Hardenion for being such a strong advocate of this neighborhood. NRD-2, guys, Wynwood Norte, let's get it done. Thank you. Alana Morarski: Hi. My name is Alana Morarski. My address is 1300 Brickell Bay Drive, Unit 3401, Miami, Florida, 33131. Thank you for the opportunity to comment. Today, I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt, and for that matter, fecal runoff These pollutants can enter our waterways through stormwater systems and harm our seagrasses, can decrease available oxygen levels in the bay, resulting in water quality decline, fish kills, and algae blooms. This ordinance would City of Miami Page 13 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 permit the City to act quickly and swiftly to address construction site pollution and hold violators accountable. I am quite obviously in favor of this ordinance, as you should be, as a measure to protect our hay and water quality. And I encourage your Commission to pass this measure on its second reading today. Thank you and do the right thing. Camila: My name is Camila (INAUDIBLE), and my address is 9901 East Bay Harbor Drive, Bay Harbor Islands, Florida 33154. Today, I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. 1 am in favor of this ordinance as a measure to protect our bay and water quality, and I encourage this Commission to pass this measure on second reading today. Thank you. Alexandria Blake: Hello. My name is Alexandria Blake, and I am a Miami resident in the Brickell area. I would like to speak in favor of Item Number SR.3. This ordinance would allow quick response from the City for construction site pollution and hold violators accountable. I am completely in favor of this ordinance and ask for the Commission to be as well. Biscayne Bay is at an ecological tipping point. It wouldn't be able to sustain additional pollutants, especially those from construction sediment, debris, trash, and silt. From the introduction of these pollutants from stormwater systems, they negatively impact our seagrasses. This impacts the oxygen concentration and will decrease water quality. Again, 1 ask the Commission to vote in favor of the ordinance during the second reading. Thank you for the opportunity to comment. Beverly Steinbook: My name is Beverly Steinbook, and my address is 150 Southeast 25th Road, Apartment 3F, Miami, Florida, 33129. Thank you for the opportunity to comment. Today, I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It can -- simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through our stormwater system and can harm our seagrasses, can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I am in favor of this ordinance as a measure to protect our bay and water quality, and I encourage this Commission to pass this measure on second reading today. Thank you. Michelle Baptist: Hello. My name is Michelle Baptist, and my address is 2140 Southwest 3rd Avenue, Miami, Florida 33129. Thank you for the opportunity to comment. Today, I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I am in favor of this ordinance as a measure to protect our bay and water quality. And I encourage this Commission to pass this measure on second reading today. Thank you again for your time. Crystal Wade: Hi. My name is Crystal Wade, and I am at 3212 Northwest 2nd Avenue. I am in strong support of NRD-2. I've worked in and around Wynwood for the last two to three years, and I am currently looking to shorten my commute and City of Miami Page 14 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 move closer to where I work. I have been looking for a safe neighborhood, a neighborhood that is affordable, and also a place where 1 can find some beautiful parks to enjoy just time with my family. Hopefully, if NRD-2 passes, that would be a reality because it absolutely has been one of the things that I've been focusing on, so thank you so very much. Unidentified Speaker: (FOREIGN LANGUAGE). Mr. Da Silva: Hello. My name is Pedro Da Silva. I live on 570 Northeast 53rd Street, in Miami, Florida 33137. I am sending this video to express my support for the NRD- 2. Bianca Ryles: Hello. My name is Bianca Ryles, and I live at 815 Northeast 70th Street, Miami, Florida, 33138. Thank you so much for listening to my comment. Today, I would like to speak on agenda Item Number SR.3. Biscayne Bay is at an ecological tipping point. It really cannot withstand any additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I'm absolutely in favor of this ordinance as a measure to protect our bay and water quality. And I encourage this Commission to pass this measure on second reading today. Thank you. Rose McDonald: Good afternoon. My name is Rose McDonald, and my address is 415 Southwest 19th Road, Miami, Florida 33129. Today, 1 would like to speak in favor of Item Number SR.3, in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants enter our waterways through the stormwater systems and harm our seagrasses. They also decrease available oxygen levels in the bay, resulting in the quality decline and all the fish kills that we have been seeing. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I am in favor of this ordinance as a measure to protect our bay and water quality overall. And I encourage this Commission to pass this measure on second reading today. Thank you so much for your time. Rebecca Kravitz: Hi. My name is Rebecca Kravitz (phonetic), and my address is 2700 Southwest 27th Avenue. at 42 Northwest 35 Street Miami, Florida. Thank you for the opportunity to comment. I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrass, can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I'm in favor of this ordinance as a measure to protect our bay, our water quality, and I encourage this Commission to pass this measure on second reading today. Thank you. Ruby Mendez: My name is Ruby Mendez. I live at 42 Northwest 35 Street, Miami, Florida. I live in this community for 35 years, and we support the NRD-2 because it's going to be affordable for us, like housing, stores, prevent crime and a lot of things that we need to be done in this neighborhood. Alexis Mendez: Hello. My name is Alexis Mendez, and my address is 3051 Center Street, Miami, Florida. Thanks for the opportunity to comment. I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It can't withstand additional pollution inputs from construction sediment, debris, trash, and City of Miami Page 15 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, decrease available oxygen levels in the bay, and result in water quality decline. The ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I'm in favor of this ordinance as a measure to protect our bay and water quality, and I encourage this Commission to pass this measure on second reading today. Thank you. Anna Beck: Yes. My name is Anna Beck. I live at 150 Southeast 25 Road, Miami, Florida, 33129. Thank you for the opportunity to comment. Today, I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I am in favor of this ordinance as a measure to protect our bay and water quality, and I encourage this Commission to pass this measure on its second reading today. Thank you. Adrian Di Fazio: Hello. My name is Adrian Di Fazio, and my address is 8535 Southwest 160th Street, Palmetto Bay, Florida, 33157. Thank you for the opportunity to comment today. I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrass and decrease the available oxygen levels in the bay and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold visitors accountable. I am in favor of this ordinance as a measure to protect our bay and water quality, and I encourage this Commission to pass this measure on second reading today. Thank you. Also, I would like to say that Biscayne Bay is everything to Miami. And without clean water, tourism drops and everything. Guides will lose business, and I'm hoping to one day be a guide. So, please, please continue to help the bay and restore what we once had. Thank you. Sydney: My name is Sydney (INAUDIBLE), and my address is 2263 Southwest 37th Avenue. Thank you for the opportunity to comment today. I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollution inputs, and that includes sediment from construction, debris, trash, and silt. All of these pollutants can enter our waterways through the stormwater system and can eventually harm our seagrasses and decrease available oxygen levels in the bay, which overall would result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution as well as hold violators accountable. I'm in favor of this ordinance being passed as a measure to protect our bay as well as the water quality. And I highly encourage this Commission to pass the measure on second reading today. Thank you. Morgan: Hi. My name is Morgan (INAUDIBLE), and my address is 1200 Brickell Bay Drive, 2024, Miami, Florida, 33131. Thank you fbr the opportunity to comment. Today, I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollution inputs, including those from construction, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I'm in favor of this ordinance as a measure City of Miami Page 16 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 to protect our hay and our water quality. And I encourage this Commission to pass this measure on second reading today. Thank you. Tonias Delgado: My name is Tomas Delgado (phonetic). I'm one of the members of the board of 23 Biscayne Bav Condominium Association. Also, I work at Northeast 22nd Street, right next to the area discussed in this agenda. I am doing this video to show my 100 percent support to Island Bay street closure. I reviewed the proposed floor plans and the rendering, and I think this project will improve this area a lot. Also, this area has a lot of new construction. There are still some place with existing building that have no sidewalk and lack of light. And this creates some insecure and dangerous area for people who live in this area. I think that Island Bay proposed plan with all -new sidewalks along the entire project that will end at the bay will create an amazing area for people like me that like to enjoy the bay during lunchtime or after work. Island Bay will change the lifestyle appeal and experience in the neighborhood. 1 love the idea of the plaza between (INAUDIBLE) and Island Bay. 1 think Edgewater is a great neighborhood that will be improved a lot with all of these new public spaces. I think it's a wonderfiil idea. Alessa Zarias Rush: Hi. My name is Alessa Zarias Rush (phonetic). My address is 660 South Shore Drive, Miami Beach, Florida, 33141. Thank you for the opportunity to comment. Today, I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. 1 am in favor of this ordinance as a measure to protect our bay and water quality, and I encourage this Commission to pass this measure on second reading today. Thank you very much. Alex: Hello. My name is Alex (INAUDIBLE), and my address is 3339 Virginia Street, Miami, Florida, 33133. Thank you for the opportunity to comment. Today, I would like to speak in favor of Item Number SR.3. Biscayne Bav is absolutely at an ecological tipping point. It simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through stormwater system and can harm our seagrasses, decrease available oxygen levels in the bay, and result in overall water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I am fully in favor of this ordinance as a measure to protect our bay. I'm one of very few guys who was lucky enough to grow up on the water in Miami. And watching it just in my lifetime -- I'm only 25 -- watching the bay water quality go down just in my lifetime has been truly saddening, and I hope that we can do something to at least get back on the right track. Thanks. Casey Dresbach: Hello. My name is Casey Dresbach, and my address is 2103 Coral Way, Miami Florida. Thank you for the opportunity to comment. Today, I would like to speak in favor of Item Number SR.3. Our bay is at an ecological tipping point and simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I am in favor of this ordinance as a measure to protect our bay and water quality, and I encourage this Commission to pass this measure on second reading today. Thank you. Annie Hoffinan: Hi. My name is Annie Hoffman. My address is 2650 Southwest 33rd Avenue, and my zip code is 33133. Thank you for the opportunity to comment. I'd like City of Miami Page 17 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point and cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, and decrease available oxygen levels in the hay, resulting in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I am in favor of this ordinance as a measure to protect our bay and water quality, and I encourage this Commission to pass this measure on second reading today. Thank you so much. Daniel: Hi, good afternoon. My name is Daniel (INAUDIBLE), and my address is 145 Southwest 13th Street, in Miami. So thank you so much for the opportunity to comment today. I would like to speak in favor of Item Number SR.3. Biscayne Bay is at the point where it cannot withstand any more pollutional [sic] inputs, especially including inputs from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, which can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and would also hold violators accountable. I'm strongly in favor of this ordinance as a measure to protect our bay and water quality, and I really encourage this Commission to pass the measure on the second reading today. Thank you very much. Have a great day. Mauricio Espina: Hello. My name is Mauricio Espina (phonetic), and I'm here to support the street closure and the vacation application for the Island Bay project. After reviewing the applicant's proposal, I can see that the street reorganization will benefit the neighborhood. It will be an improvement for this neighborhood. On Northeast 23rd Street, there will be a new access point for the bay, and on Northeast 23rd Terrace, there will be a sidewalk and currently' there is no sidewalk. The area is currently kind of an eyesore, so it will benefit from the project. And the area -- the project alone and the reorganization of the streets will create a more welcoming environment and a safer area. For this and for many other reasons, I ask you to support this application. Thank you. Morgan Eason: Hi. My name is Morgan Eason (phonetic), and my address is 145 Southwest 13th Street in Miami. Thank you for the opportunity to comment today, and I'd like to speak in favor of Item Number SR.3. Since Biscayne Bay is at an ecological tipping point, it can 't withstand additional pollution inputs, especially now during fish kill and the -- it's including those from construction sediment, debris, trash, and silt. The pollutants can enter the waterways through stormwater systems and harm our seagrasses, and can decrease available oxygen levels in the bay, which results in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. So I'm in favor of this ordinance as a measure to protect the bay and the water quality, and I encourage this Commission to pass the measure on second reading today. Thank you. Emily Yaeger: Thank you for the opportunity to speak today. My name is Emily Yaeger, and my address is 285 Sunrise Drive, Key Biscayne. Today, I would like to speak in favor of Item Number SR.3. Currently, Biscayne Bay is at an ecological tipping point. It cannot continue to withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants enter our waterways through the stormwater system and can harm our seagrasses and coral reefs, can decrease available oxygen levels in the bay, leading to more fish kills, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution affecting the bay and hold violators accountable. I am in favor of this ordinance as a measure to protect our bay and water quality, and I encourage the Commission to pass this measure on second reading today. Thank you so much for your time. City of Miami Page 18 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Sophia: My name is Sophia (INAUDIBLE), and my, address is 145 Southwest l3th Street, Miami, Florida 33130. Thank you for the opportunity to comment. Today, I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I'm in favor of this ordinance as a measure to protect our bay and water quality, and 1 encourage this Commission to pass this measure on second reading today. Thank you. Marissa Murand: Hello. My name is Marissa Murand, and my address is 1200 Brickell Bay Drive. Thank you for the opportunity to comment. Today, I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point, and it simply cannot withstand additional pollution inputs, including those from construction sediments, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address the construction site pollution and hold violators accountable. I'm in favor of this ordinance as a measure to protect our bay and water quality, and 1 encourage this Commission to pass this measure on second reading today. Thank you. Jordan Beckson: My name is Jordan Beckson, and my address is 2115 Southwest 3rd Avenue, Miami, Florida. Thank you for the opportunity to comment today. I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I am in favor of this ordinance as a measure to protect our bay and water quality, and I encourage this Commission to pass this measure on second reading today. Thank you. Will Vasquez: Hello, everyone. My name is Will Vasquez, 3225 Northwest 3rd Avenue, Miami, in Wynwood. I am speaking to the City Commission in support of the Wynwood Norte Neighborhood Revitalization District. I grew up in Wynwood, been in the neighborhood for over five decades. My father is in his 90s and still lives here today. I'm a property owner and proud board member of the Wynwood Community Enhancement Association. There's a Miami Herald article from 1985 referencing a study from a City consultant that identified problems with parking and zoning requirements in Wynwood and the decline that already started with local businesses leaving, crime and drugs invading our neighborhood. Thirty-five years later, we have did exactly what was predicted. The population has dwindled from 10,000 to 4,000 people. Few businesses have left, residential structures continue to be demolished, more and more vacant lots and illegal dumping. This is happening today under current zoning. In fact, while so much attention has been in the Wynwood warehouse district, not one building has been constructed on 2nd Avenue since Miami 21 was adopted. Finally, there is real progress. The Wynwood CEA has brought together diverse stakeholders in the community, the homesteaders, the renters, and business owners, all working together rolling up our sleeves with an action plan to improve our neighborhood. The Wynwood Norte NRD-2 is about solutions for our neighborhood. To be clear, no one is being kicked out. To the contrary, NRD-2 zoning puts real protection in place, protection against overdevelopment and restrictions in demolishing residential buildings. I want to thank Commissioner Keon Hardemon for City of Miami Page 19 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 your commitment and support and thank you to all our great commissioners for supporting the Wynwood Norte Neighborhood Revitalization District. Thank you. Kelly Cox: Good morning, Commissioners. My name is Kelly Cox. I ani the general counsel at Miami Waterkeeper, a local nonprofit that's dedicated to defending and protecting South Florida's water resources. Today, I'd like to speak in favor of Item Number SR.3. This is an itein on second reading that would address construction sediment and construction runoff inadvertantly getting into Biscayne Bay. You know, Biscayne Bay is facing a number of pollution threats from septic and stormwater and sewage leaks and many other things. But this is one that we can really control. Construction sites are bound by national pollution discharge elimination system permits under the Clean Water Act. And I think it's the City of Miami's responsibility to do as much as we can to ensure that these sites are in compliance with those permits. Excess sedimentation through stormwater runoff can result in smothering seagrasses, decreasing available dissolved oxygen levels in the bay, and ultimately resulting in water quality decline. And our bay is at a tipping point, as we know. In August, we experienced a dramatic fish kill event due to too many land -based sources of pollution getting into the bay. And so, today I'd like to support this ordinance on behalf of Miami Waterkeeper. I think it would allow the City to act quickly to address construction site pollution and hold violators accountable. And I urge this Commission to pass this measure on second reading today. Thank you for the opportunity to comment. Leah Louindesky: Hi. My name is Leah Louindesky, and my address is 1865 79th Street Causeway, North Bay Village, Florida 33141. Thank you for the opportunity to comment today. I would like to speak about Item Number SR.3 to be in favor of that number, SR.3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I'm in favor of this ordinance as a measure to protect our bay and water quality, and I encourage the Commission to pass this measure on second reading today. Thank you. Ashley Campbell: Hi. I'm Ashley Campbell, and my address is 6630 Southwest 57th Avenue, in South Miami, 33143. Today, I am speaking in favor of Item SR.3. Biscayne Bay is at its ecological tipping point and can't withstand any more input of pollution from sources like debris, trash, and construction sediment. These pollutants can enter waterways through the stormwater system which can harm seagrass, decrease levels of available oxygen in the bay, and decline our water quality. This ordinance would permit City to address construction site pollution rapidly and hold violators accountable. I'm speaking in favor of this ordinance to protect our bay and water quality. I encourage the Commission to pass this measure on today's second reading. Thank you for your time and for listening. Rachel Silverstein: Hello. My name is Rachel Silverstein, and I'm the executive director in Waterkeepers, a local nonprofit. Miami Waterkeeper, we're at 2103 Coral Way. I want to speak in support of Item SR.3, Commissioner Russell's ordinance about construction runoff and sedimentation getting into Biscayne Bay. Biscayne Bay is an ecological and aesthetic jewel that we've built our community around and it generates billions of dollars for economy' each year, including supporting our very important tourism and real estate industries. However, we're seeing that Biscayne Bay has reached a tipping point and is experiencing death by a thousand cuts from pollution sources all across the bay, particularly, in northern Biscayne Bay. And we have been getting an increasing number of reports of sediment plumes and construction sediment that can smother and shade seagrass, and that's making the City of Miami Page 20 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 seagrass die-offproblems worse for Biscayne Bay, and it's reducing our water quality and making our water look cloudy instead of clear and beautiful. And I think that this ordinance would go a long way to addressing pollution coming from the land and getting into the water and creating these plunges. So, I filly support this item, and 1 encourage the Commission to pass this measure on second reading today. Thank you so much. Hannah Sciarappa: My name is Hannah Sciarappa, and I live in the Coconut Grove neighborhood. Today, I would like to speak in favor of Item Number SR.3. I'm a graduate student at the University of Miami Rosenstiel School of Marine and Atmospheric Sciences, and we are learning that Biscayne Bay is at an ecological tipping point. After the fish kills a few months ago, it cannot withstand additional pollution inputs, including those from the construction sediment, debris, trash, and silt. These pollutants can enter the waterways through the stormwater drains and can harm our seagrasses, decrease available oxygen levels in the bay, and it results in a water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I'm in favor of this ordinance as a measure to protect Biscayne Bay and water quality. I encourage the Commission to pass this measure on second reading today. Thank you for letting me comment. Robin Vasquez: Hi, I'm Robin Vasquez, 3225 Northwest 3rd Avenue, Miami, 33127. I'm a native Miamian who was born and raised in Miami. My story with Wynwood Norte starts with my husband, Will Vasquez. Over 40 years ago, I was introduced to his family who lived in Wynwood Norte. Over the years, my husband and 1 have become stakeholders. 1 have come to know and love this neighborhood, its people, and appreciate its unique character. We have watched as Wynwood Norte has weathered many social and economic challenges. In fact, little has changed since the 1980s. There has been no plan and no guiding force, and that is how our association, the Wynwood CEA came to be. We had grown tired of watching as our neighborhood continued to decline and to be ignored so we came together to form a unified voice. We have not received any compensation for our efforts. Our benefit will be to see a flourishing neighborhood guided by a plan for responsible development. I believe in the Neighborhood Revitalization District. Please do not allow us to once again be forgotten only to have more years of neglect, inaction, and inadequate zoning. That's why, I firmly support the Neighborhood Revitalization District. It will protect current residents and provide for the future growth of the neighborhood. It's an opportunity for our community to come together to help shape the destiny of our neighborhood. Wynwood Norte has been patiently waiting. I urge you to support the Wynwood Revitalization District. Thank you. Christi Tasker: Hello, my name is Christi Tasker, and I live at 150 Southeast 25th Road. And I am calling for the opportunity to comment today. I would like to speak in favor of Item Number SR.3, regarding the Brickell Biscayne Bay and the manatees that are being affected by the silt and the construction debris that is constantly occurring at the Una project by OKO Group. We need someone to monitor this because this is absolutely grotesque in terms of the way it is doing humanity and how the silt is actually just pouring into our bay causing irrefutable damage. Please take action on this immediately and hold the people who are making this mess accountable. Pm going to be calling in each day. I'm going to be calling 3-1-1, and our NET (Neighborhood Enhancement Team) officer. Additionally, please do not even think of defending NET officers. Matter of fact, they need to be available more hours considering these workers are appearing much earlier than 8 o'clock in the morning. They are arriving as early as 6:15. We'd very much appreciate your attention to this natter immediately. Thank you. Natalie Bryce: My name is Natalie Bryce. My address is 6566 Southwest 52nd Terrace. Thank you for the opportunity to comment today. I would like to speak in City of Miami Page 21 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point and simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our bay and waterways through the stormwater system and in turn harm our seagrasses, decrease available oxygen levels in the bay, and result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I'm in favor of this ordinance as a measure to protect the bay and water quality and encourage the Commission to pass the measure on the second reading today. Thank you. Dorian Santos: Hello, my name is Dorian Santos, and 1 live in 4321 Southwest 136th Place, Miami, Florida, 33175. Thank you for the opportunity to comment. Today, I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. It simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These popu -- sorry, pollutants can enter our waterways through the stormwater system and can harm our seagrasses, can decrease available oxygen levels in the bay, and can result in water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I'm in favor of this ordinance as a measure to protect our bay and water quality, and I encourage the Commission to pass this measure on second reading today. Thank you. Collin Shatweiler: Hello, my name is Collin Shatweiler, and my address is 2103 Coral Way. Thank you for the opportunity to comment today. I would like to speak in favor of Item Number SR.3. Biscayne Bay is at an ecological tipping point. 1t simply cannot withstand additional pollution inputs, and this is specifically true for construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, can decrease available oxygen levels in the bay, and can result in water quality decline. This sedimentation oftentimes carries other toxins that come from construction sites and nearby land - based sources of pollution. This ordinance would permit the City to act quickly to address construction site pollution and hold the violators accountable. I am in favor of this ordinance as a measure to protect our bay and water quality, and I encourage this Commission to pass this measure on second reading today. Thank you very much. Pamela Reeves: Hello, my name is Pamela Reeves, and my address is 150 Southeast 25th Road, in Brickell. Thank you for the opportunity to comment today. I would like to speak in favor of Item Number SR.3. Biscayne Bay is an ecological tipping point. It simply cannot withstand additional pollution inputs, including those from construction sediment, debris, trash, and silt. These pollutants can enter our waterways through the stormwater system and can harm our seagrasses, can decrease available oxygen levels in the bay, and can also result in the water quality decline. This ordinance would permit the City to act quickly to address construction site pollution and hold violators accountable. I'm in favor of this ordinance as a measure to protect our bay and our water quality, and I encourage the Commission to pass this measure on the second hearing today. Thank you very much. Maria Cuesta: My name is Maria Cuesta, and I live in 250 Northeast 25th Street. I have reviewed the project for Island Bay, and I really am excited for this initiative. As right now, the very short walk from 25th Street to the bay is unenjoyable for many reasons. There is no light. There really isn't any attractive view. And more importantly, it's not secure. I believe that this project would greatly improve the -- improve the environment, and it will improve the community, and it plans to build on a piece of land which right now is bare, bleak, and desolate. So, it would create a more enjoyable aspect for all that live around it. I'm absolutely looking forward to inclusion of the boardwalk near the water. Fin looking forward to the connection to the nearby park, as well as the beautiful scenes that we will have and the safety that will come with it. I support closing Northeast 5th, 6th, and 7th Avenues, as well as the City of Miami Page 22 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 dead-end portions of 23rd Terrace and 24th Street, especially if it means that this can he built. Once again, 1 wholeheartedly support this project, and 1 ask the City of Miami to please approve the application. Thank you. Chair Hardemon: Are there any other public comments that we should know about? Mr. I. Vasquez: No, that is all. Chair Hardemon: Okay, let's move on with the agenda then. The public comment period is closed at this time. [Later...] Chair Hardemon: Hello, everyone. Welcome back to the October 22nd, 2020 meeting of the Miami City Commission. What we're going to do is we're going to open up public comment for one last video that was inadvertently left out, so we're going to play that public comment at this time. Zach Bush: Good afternoon, City of Miami. My name is Zach Bush. I'm here as a co- owner of Ball & Chain and Taquerias El Mexicano, here to speak on proposed Ordinance 8049, scheduled for first reading, and proposed Ordinance 8025, scheduledfor second reading. Let's start with 8049. This is carefully crafted language that is purported to be citywide, but no surprise to anyone here, it affects very few businesses, very few if any hospitality businesses other than Ball & Chain and Taquerias El Mexicano. Again, carefully crafted by Joe Carollo, whose intent has been known to all, everyone in this room, all commissioners, that he wants to see Bill Fuller pay, he wants to see Bill Fuller's businesses closed, he wants to see Ball & Chain and Taquerias El Mexicano closed. So, by saying that no music can be played after 8 o'clock, this is spot zoning -- reverse spot zoning. The current code allows for it to be played till 11 o'clock with only ambient music coming after that. And there is no need and this will totally hurt our business and litigation will follow if this is enacted because it is illegal. Proposed Ordinance 8025 on second reading, given the shakeups of the City with recent asking for resignations of directors and what's -- what's -- and what forth, this basically changes the language from the City saying they can remove a CU (Certificate of Use) to the City saying they will remove a CU if you're out of compliance for any reason, zoning, planning, code, whatever. I just want to say a perfect example of this is we've been working with the City for the better part of a year to come into fall compliance. After spending umpteen hundreds of thousands of dollars and doing everything the City asked, we got sign off from Code, Zoning, Planning, Building, Fire, everyone only, to, less than a week later, the City's saying, oh my god, we made a mistake. You're still out of compliance for something. So, if you pass this ordinance, this gives the power to Joe Carollo -- which is what he wants -- to say, oh, you're out of compliance. No CU. you're out of business. Sony and that's exactly what he wants. We all know why. Everyone here knows why and this cannot continue to go on. It is a violation and it will also be litigated and it 's got to stop. Thank you. Chair Hardemon: Alright, so we're going to close public comment at this time. Thank you very much. City of Miami Page 23 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Chair Hardemon: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Mr. Chair, there are no mayoral vetoes. END OF MAYORAL VETO(ES) CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes CA.1 RESOLUTION 7847 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CAMILLUS HOUSE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CAMILLUS HOUSE"), TO CONTINUE THE CITY OF MIAMI'S ("CITY") SHELTER PROGRAM INCLUDING THE PROVISION OF SEVENTY-FIVE (75) BEDS IN CAMILLUS HOUSE WITHIN THE CAMILLUS HOUSE NORWEGIAN CRUISE LINE CAMPUS EMERGENCY SHELTER FOR THE NIGHTLY USE OF HOMELESS INDIVIDUALS WITH TEN (10) BEDS BEING SET ASIDE AS OVERNIGHT BEDS ALONG WITH OTHER ASSOCIATED AND ACCOMPANYING HOMELESS SERVICES AND CASE MANAGEMENT FOR A PERIOD OF ONE (1) YEAR, SUBJECT TO SAID BEDS BEING EXCLUSIVELY DESIGNATED FOR THE CITY'S HOMELESS INDIVIDUALS WHO ARE POTTINGER CANDIDATES (COLLECTIVELY, "SHELTER PROGRAM") AND AT A TOTAL NOT TO EXCEED AMOUNT OF FOUR HUNDRED SIXTY THOUSAND DOLLARS ($460,000.00) WITH CONDITIONS AS STATED HEREIN AND IN THE AGREEMENT, PAYABLE IN TWELVE (12) MONTHLY INSTALLMENTS FOR THE CITY'S FISCAL YEAR 2020-2021 FROM THE DEPARTMENT OF HUMAN SERVICES' BUDGET. ENACTMENT NUMBER: R-20-0338 This matter was ADOPTED WITH MODIFICATION(S) on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see "End of Consent Agenda." City of Miami Page 24 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 CA.2 RESOLUTION 7848 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ("AGREEMENT'), BETWEEN CAMILLUS HOUSE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CAMILLUS HOUSE") AND THE CITY OF MIAMI ("CITY") TO PROVIDE GRANT FUNDING FOR THE CAMILLUS HOUSE DAY SERVICES PROGRAM WHICH IS DESIGNED TO PROVIDE MEANINGFUL AND ENGAGING ACTIVITIES FOR QUALIFYING PARTICIPANTS AND TO PROVIDE SAID PARTICIPANTS WITH, A HOT MEAL, A SHOWER, MAILBOXES, AND IDENTIFICATION SERVICES TO ASSIST WITH RE-ESTABLISHING THEIR CORRESPONDENCE AND IDENTIFICATION, AMONG OTHER THINGS, AS A UNIQUE SERVICE PROVIDED SOLELY BY CAMILLUS HOUSE IN THE CITY (COLLECTIVELY, "PROGRAM") AT A TOTAL COST NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00) FOR THE CITY'S FISCAL YEAR 2020-2019, WITH CONDITIONS AS STATED IN THE AGREEMENT, PAYABLE BY THE CITY TO CAMILLUS HOUSE IN TWELVE (12) MONTHLY INSTALLMENTS COMMENCING DURING THE CITY'S 2020-2021 FISCAL YEAR FOR AN INITIAL PERIOD OF ONE (1) YEAR WITH THE OPTION TO RENEW FOR UP TO FIVE (5) ADDITIONAL ONE (1) YEAR PERIODS OF CITY SPONSORSHIP GRANT FUNDING UNDER THE SAME TERMS AND CONDITIONS IN THE AGREEMENT AND SUBJECT TO THE AVAILABILITY OF FUNDING AND BUDGETARY APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, RENEWALS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE AND FURTHER THE GRANT ALLOCATION AND APPROPRIATION FOR THE PROGRAM. ENACTMENT NUMBER: R-20-0339 This matter was ADOPTED WITH MODIFICATION(S) on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "End of Consent Agenda." City of Miami Page 25 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 CA.3 RESOLUTION 7896 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT EIGHTEEN (18) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED OF DEDICATION, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED (COLLECTIVELY, "DEEDS"), FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN COPIES OF THE DEEDS. ENACTMENT NUMBER: R-20-0340 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see "End of Consent Agenda." CA.4 RESOLUTION 7996 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE INSTALLATION OF MONUMENT SIGNS IDENTIFYING THE SHENANDOAH NEIGHBORHOOD, AS SUBSTANTIALLY DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED, LOCATED WITHIN TRAFFIC CIRCLES AND MEDIANS IN THE PUBLIC RIGHT OF WAY AT CERTAIN ENUMERATED APPROXIMATE LOCATIONS MORE SPECIFICALLY DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED; AUTHORIZING THE ACCEPTANCE OF THE DONATION OF THE DESIGN, PERMITTING, CONSTRUCTION, AND REPLACEMENT OF SAID SIGNS BY THE MIAMI-SHENANDOAH NEIGHBORHOOD ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION. ENACTMENT NUMBER: R-20-0341 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see "Order of the Day" and "End of Consent Agenda." City of Miami Page 26 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 CA.5 7844 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT AN OFFER TO SETTLE AND EXECUTE ANY AND ALL SETTLEMENT DOCUMENTS, ALL IN FORMS 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, WITH MORRIS & MCDANIEL, INC., EXECUTIVE RISK INDEMNITY, INC., THEIR OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED THE CITY OF MIAMI V. MORRIS & MCDANIEL, INC. AND EXECUTIVE RISK INDEMNITY, INC., PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 1998-7760-CA-27. ENACTMENT NUMBER: R-20-0342 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.5, please see "End of Consent Agenda." END OF CONSENT AGENDA Chair Hardemon: Mr. Manager, can we have someone introduce CA.1 and CA.2? Is there anyone from administration who could introduce CA.1 and CA.2? What department would this come under? Is this Milton Vickers? Victoria Mendez (City Attorney): You're muted, Mr. Vickers. You're muted. Milton Vickers (Director, Human Services): Is that better? Chair Hardemon: It is perfect, yes. Mr. Vickers: Good, thank you. Mr. Chairman, members of the Commission, Department of Human Services present for your approval today, CA.1, which is our homeless shelter program. It's roughly $460, 000. It's for 75 beds at Camillus House. Ten of those beds are secured on a daily basis for our police department. And CA.2 is our day program, and the day program provides services to individuals who are on the street to come in for a meal, shower, clean clothes, and most importantly, a mail drop. Chair Hardemon: Okay. Is anyone from Camillus House on the call as well? Can we elevate them to speak? Mr. Vickers: Yes, they have been noticed. Chair Hardemon: And regarding CA.1, can you explain exactly how the program works. And as soon as we get someone from Camillus House on maybe give us another response to kind of better explain exactly what it is that they do. Mr. Vickers: Okay. Under CA.1, the 75 beds -- now, during the COVID crisis, we converted those 10 daily beds to long-term stay beds. But going back -- coming out of COVID, 10 beds would be set aside for police officers to escort individuals who are homeless who may want to seek shelter. They have an option of addressing either a human body function that could lead to an arrest, so they give them the option of City of Miami Page 27 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 going to Camillus House for shelter. The remainder in 65 beds are there to provide wraparound services in terms of the continuum of care, which simply means if an individual is addicted, they are evaluated and placed into -- or set to receive services as it applies to their addiction. If there's mental issues, they receive assistance in that area as well. Chair Hardemon: Okay. Ms. Fernandez, are you here from Camillus House? Hilda Fernandez: Yes, sir. Hilda Fernandez, Camillus House, 1603 Northwest 7th Avenue, Miami. Chair Hardemon: Thank you for being here. The first question I have for you is in regard to CA.1 -- that's feedback. In regards to CA.1, the 75 beds in Camillus House, can you tell us how exactly you utilize those beds? And in particular, 1 want to know if on a daily basis if all of those beds are typically filled with individuals and what does this sponsorship really mean to you in regards to those beds. Ms. Fernandez: Certainly. So, the contract with the City of Miami means that those 75 beds are only and exclusively available to the City of Miami. We keep those beds for referrals. As Mr. Vickers explained, initially we were setting aside 10 beds, and we have been historically setting aside 10 beds -- 10 overnight beds for the placement of individuals by the City. of Miami Police Department as an alternative to -- under the Pottinger, to being arrested if they were engaged in one of the life -sustaining misdemeanors. During the COV1D epidemic, we didn't want to leave those beds empty, especially because there's such a great need in the City of Miami with so many homeless that those 10 beds became part of the full package of beds. But what it means, Commissioner, is that the -- Mr. Chair, is that the City controls all the placements into the beds. It means you have a dedicated source of beds for single adults, which is the predominant -- what you see predominantly on the street in the City of Miami, to engage them into the system of care. Once they come into our beds, they -- we are responsible for providing case management services, referrals to job development assistance, job placement assistance. We connect them with benefits through the Social Security Administration. We provide them identification in addition to assisting them in obtaining formal identification. They are there -- those 65 extended -stay beds -- during this period, the additional 10 -- means that they're entitled to stay there for the full level of case management services. In the course of the last fiscal year under the contract, we had a 67 percent success rate in transitioning clients from this program into a successful outcome, which in our case is permanent housing. Actually, our percentage in successful outplacement here is better than in some of the other programs we have. We've done very well with this program. And that is higher than what you normally see in emergency housing because you're taking individuals directly from the street that have untreated mental illness and have -- or have untreated addiction issues, and we're having to stabilize them, connect them with services, and then get them ready to be outplaced to be ready to be able to sustain themselves in permanent housing. But 100 percent of the clients that come in are assigned a case manager, and they're provided a service plan that delineates what they're expected to do to achieve a successful outcome. Chair Hardemon: So, what is the occupancy of the 75 beds the City of Miami (INAUDIBLE) 10, 65 beds on a daily basis? Ms. Fernandez: On the extended stay beds -- and I'm looking at the annual average -- we had a 9 percent vacancy but that's only because of turnover. We have turnover on the beds on the 65 extended stay beds. The -- when -- during the period before COVID, the 10 overnight beds had a higher vacancy rate because that is -- those beds are kept available for whenever it's necessary and needed by the City of Miami Police. And just to also explain, the way that the -- I'm sorry. City of Miami Page 28 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Chair Hardemon: And what would that --? And I want you to continue to explain, but 1 want you to tell me also what is the vacancy of those 10 beds. 1 understand it may be high, butt want to know what it is. Ms. Fernandez: No, no, I'm trying to look for the occupancy rate, which is -- was -- I don't have it in front of me, but it was very -- the occupancy rate was very low because of the nature of the 24-hour beds. And we've been working with the police department to improve -- Chair Hardemon: And to be clear, those are the beds that if an officer approaches a group of people who purport to be homeless and engages with them, he -- if he chooses to, for instance, if they're -- in doing life -sustaining activities, so they're urinating, defecating, or anything like that in the street, he can offer that person a place to stay. Ms. Fernandez: That's -- Chair Hardemon: And once they -- if they accept that offer; then they would move into this bed that's available. And so, what you're telling us is that on a daily basis, that the number of beds that are available to do that tends to be the same, 9 or 10 each day, which means that, on a high percentage every day, either officers are not engaging or individuals are not accepting these beds. Ms. Fernandez: So, 1 -- you know, 1 don't know which is the answer for that. Certainly, that's a question you can ask maybe the police department since we're the receiving source. But 1 can tell you that there have been -- there's really -- there have been periods where there's been high utilization of the 10 beds and then periods where there's been diminished use of the 10 beds. I would tell you, though, in looking at the numbers for the last fiscal year, there were very few occasions that all 10 beds were being used, and I'm talking about the overnight beds. In terms of the extended stay beds, we've often even had overfill, where we've had more than 65 people, where we've had 67 people. We've gone ahead and just included them as part of the 65. So, the extended stay beds, you know, for the most part remain full. And the access to the extended stay beds before CORD was directly from the overnight beds. So, if one -- somebody was placed in one of the ten beds, they were offered -- if there was a bed available the next morning, offered an opportunity to move into that vacant 65-bed program. The idea is that some of these folks want to engage in longer term services more than justfor one night. Where you don't -- where you saw a lot of turnover in those 10 beds is because it's a 24-hour bed are those that got placed for 24 hours and were not interested in staying or, you know, just left the next morning to do their own business. But we did have -- you know, that's how we had filled the program historically was moving people from the 10 beds into the 65 beds as they became available. Chair Hardemon: And can you explain to me if the City of Miami were not giving you this grant, right, of $460,000 for the 65 beds, how will those beds be made available to other individuals who are homeless? Ms. Fernandez: Well, we contract with other agencies, obviously, fir beds. We have contracts with other -- with, for example, some of the local hospitals. We contract with -- so they won't discharge homeless individuals to the street. We contract with healthcare providers so they don't discharge their clients to the street because of the demand on available shelter beds. So, the number of shelter beds that become available in the general homeless continuum of care on a daily basis are so few that those beds are filled rather quickly in the morning and that means that individuals either leaving -- whether it's, you know, a hospital or jail, what have you, have no option but to go back onto the street. So, we have contracts with other organizations, City of Miami Page 29 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 with the Department of Health, for example, to he able to provide dedicated beds so when they need to make an outplacement, they have a place to send the individuals. Chair Hardemon: How many total beds is it that you actually have at your --? Ms. Fernandez: Of emergency beds at -- around 270. Chair Hardemon: Okay. And what is your typical occupancy rate jor all of your beds, your 270? Ms. Fernandez: On the beds that are the -- the ones that are managed by the continuum of care, about 1 to 2 percent vacancy. Our emergency beds that are managed by where the green shirts make placements, the outreach team makes placements that are available to anyone, we have a 1 to 2 percent vacancy rate. And generally, that's because we're turning the bed. That means the bed becomes available in the afternoon, so we have to report it as available but we know -- report - - it's too late in the day, so -- but it's a 1 to 2 percent vacancy rate. Chair Hardemon: So, when the City of Miami -- the City of Miami's particular beds, how typically are those beds being filled? I mean, how are you -- are you getting a certain person from the City of Miami for the departments saying that these are the people that we need to be sheltered from the City of Miami? Or how are -- how is it that you do it? Ms. Fernandez: So, they are exclusively the City of Miami beds, so we do not accept referrals from anyone other than the authorized persons to make a placement into those beds, which is primarily the police department. Clients that are moved in -- who are going to the 10 beds are referred into vacant beds as they happen of the 65. However, due to COVID and because we're not -- you know, the placements into a shelter are very complicated now because we want people who are not infected coming into our facility, the City of Miami's outreach team has assisted -- has also made placements into the 65-bed program. So, you know, I can tell you through September, there were 312 people placed in our extended stay beds. Between October 1 of 2019 and September 30th of 2020, we had 312 people placed into our extended stay beds. The average length of stay varies, but it's -- on average, it's been 98 days. So, you know, that bed, you know, again, isn't used just for one night. The 65 beds are -- they're services beds where we're helping the clients be able to get, you know, out of homelessness, which we've been able to accomplish I think at a really great percentage. We've had 341 individuals that were placed into our overnight beds during that fiscal year period. Chair Hardemon: So, the 60 -- I want to be clear because I'm not sure if I heard the clear answer. The 65 beds, who deserves the credit for placement in the 65 beds? Ms. Fernandez: Well, I think because of COVID in particular, the majority of the placements into the extended stay, the 65 beds, have been done by the City of Miami outreach program. Chair Hardemon: Okay. And those are -- okay. And but before COVID, what would you -- Ms. Fernandez: Before COVID, it still was a significant number of the City of Miami outreach team and police. So, police had, you know, maybe two dozen placements before COVID, and the balance have been the City, of Miami outreach team. All of the referrals have come through the City of Miami. Chair Hardemon: And Mr. Vickers, can you tell us a little bit about the City of Miami outreach team, so everyone understands exactly who they are? City of Miami Page 30 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Mr. Vickers: Yes. The outreach program, or our Green Shirts, as they're known on the street, provides services and assistance to individuals who are on the street. In many instances, they are the ones who provide the initial contact. I could usually look at our homeless population in one of three ways. Either a portion of that population is addicted, a portion of that population is -- have some type of mental issue, and then we have our homeless -- our shelter -resistant population. Almost 100 percent of those individuals have had a contact with a Green Shirt on numerous occasions in the run of a year. In many instances, it becomes a matter of wearing those individuals down to eventually convince them to go into shelter. Placements, in the last year or so, a lot of it has been geared and coordinated with our neighborhood cleanup programs as it relates to our homeless population. Example, Commissioner, in the Overtown area, we've had several cleanups. We look to revise our strategy, hopefully, in the coming month or so, but we've had several cleanups where we've had several placements of individuals prior to those cleanups taking place. We try to provide seven to a fourteen -day notice, and the Green Shirts are there on a daily basis prior to sanitation and NET (Neighborhood Enhancement Team) and the Overtown staff being present to begin to remove debris. We look to place individuals and provide them with services. That has been pretty significant over the last two or three months. We've also had similar programs or projects going on in the Little Havana area around Jose Marti, an area pretty much like Overtown that has provided us with a number of issues and problems over the years. We hope to rectify some of those issues. In years past, based upon information and communications with me from our Green Shirts, we've had to reroute school bus stops. We've had to -- we've contacted our police department to put up cameras. A number of individuals have been retained on drug charges. So, it's a collaborative collaboration with a number of agencies to be able to address this issue. But our Green Shirts, our outreach staff are there on a daily basis, primarily all over the City of Miami. Chair Hardemon: And Ms. Fernandez, can you tell us what's the total budget that Camillus House works with each year? Ms. Fernandez: Our budget is a little over $18 million, Mr. Chairman. Fifty-five percent is government funded; the other forty-five percent is funded through fundraising, private and corporate donations. Chair Hardemon: And is the Homeless Trust considered government funding? Ms. Fernande_ • Yes, it is, sir. The government would be local, state, and federal, and it would include the Homeless Trust as the administrators of the food and beverage tax. And they also are the pass -through agency for a majority of the federal funds we receive from USHUD (United States Department of Housing and Urban Development) as that is the structure USHUD uses to administer their continuum of care homeless programs. It goes through a central agency, and that's the Homeless Trust of Miami -Dade County. Chair Hardemon: How much of your budget comes from the Homeless Trust? Ms. Fernandez: So, of -- so, we have about $11 million that comes from governmental junding, of which we have -- on Homeless Trust food and beverage funding, we have an emergency housing program. We have the homeless prevention program we operate for the entire county, and our Lazarus Project. So, we have three food and beverage funded programs. The balance of the programs we receive from the Homeless Trust are federally funded programs that flow through the Homeless Trust, but they're funded by USHUD. Chair Hardemon: Okay, so you're -- so that means that -- do you know how much of the funding that's actually generated by the Homeless Trust or -- City of Miami Page 31 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Ms. Fernandez: They -- well, the food and beverage tax is one of the several sources of funds they administer. They administer a food and beverage tax, which is the dedicated source of funding, as you know, collected in restaurants and all municipalities, except Miami Beach, Suffside, and Bal Harbour. I know this year's collections have seen reductions of between 50 and 60 percent each month since COVID started, basically, since April. And so, they've had a humongous impact on their food and beverage funded projects which support most of the emergency housing programs in Miami -Dade County so that you understand the federal government does not And emergency housing. Chair Hardemon: For our homeless population, to service them, we need our restaurants open. Ms. Fernandez: Yes. Chair Hardemon: Okay. This is -- Ms. Fernandez: That's another issue. So, they administer the food and beverage tax. The balance of the funding they administer, again, is as a flow -through agency and they get a little over $30 million, maybe $32 million from federal HUD that flows through the Homeless Trust to agencies in the community to provide permanent support and housing, and that funds, for example, the City of Miami outreach program. USHUD does not fund emergency housing through their HUD programs, zero, period. And they do not fund transitional housing, with the exception of maybe domestic violence transitional housing and homeless youth. Then they do get some state funding that they're also a pass -through. The Homeless Trust is not a direct service provider, so when they get those sources of funding, they -- you know, it funnels through them to agencies that they contract with. Chair Hardemon: I want to ask you a couple more questions that are a bit more pointed, but I think you can handle them because I think this is something that we have to be able to tackle together, and with your assistance, I think we can get this taken care of. And then I'll let any of the Commissioners ask any questions if they have any. But -- so, you know, I've said on many occasions that Camillus House hasn't been a good neighbor and your facility, of course, is located in District 5, but it is very near to District 1. And we share 7th Avenue and a number of different places. And so, just south of your facility, a little north side of it as well, northeast and then south -- on the west side of 7th Avenue, I'll describe the first part, which is the south, on the west side of 7th Avenue. There tend to be a number of individuals who have encamped on 7th Avenue. At one point, they were on County property, just across the way from the women's jail, but then they moved onto the sidewalk. We know that they completely block the sidewalk, which is, of course, a policing issue as well because the City of Miami, of course, has jurisdiction to move people along if they're blocking complete sidewalks, Pottinger or not. So, there on that -- and then on the east side of the 7th Avenue, which is on the side where Camillus House is, we know that there always a gang of people there as well. And so, the question becomes, for me, when I look at that location and then I look at the second location that is just northeast of Camillus House, how is it -- or, no, the. first question is, do you all send anyone out to engage with them, to try to invite them into your facility instead of remaining there on the street where --? It's really a -- 7th Avenue is 441, which is a major highway. People cannot move freely north and south in that area. So, if I want -- if I'm a kid just there at Booker T. Washington Senior High School and I need to travel north on 7th Avenue, I'm restricted. I'm put in a very tough position of walking amongst people who have a number of different possessions that tend not to be sanitary, that they're engaged in activities that are not always lawful, and where they're intimidating, right. And so, I have to walk through that in order to get home. How often is it that you all engage with those, folk to try to invite them into your space? City of Miami Page 32 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Ms. Fernandez: So, as you know, we operate the County's specialized outreach program for the service resistant severely mentally ill homeless, the Lazarus Project. So, our Lazarus Project is engaging clients there. And I do just want to back up a second. The situation that's under the bridge, you know, as a service provider serving homeless people, it is incredibly frustrating for us to see homeless people half a block away from us, a block and a half away from us when we know the wealth of services that we could provide and do provide to clients who come into our doors, willingly come to our doors and participate in our programs. So, we are incredibly frustrated with that. We're incredibly frustrated because, Commissioner, we try to be good neighbors, and the area immediately adjacent to our property is clean. We send our clients out there -- we have volunteer clients, our clients that go out there and clean. You know, our sidewalk is clean. We make sure no one's loitering. We allow smoking inside our facility because we don't even want -- even though we shouldn't, just so we don't have people loitering outside smoking in our facility. So, we are incredibly conscious of that. This is -- what has happened under the overpass on 14th and 7th Avenue has really been a phenomenon that's happened the last 11 -- 10, 11 months. And we've, you know -- we've engaged resources to send out there. We're working with the City's outreach teams to go out there and also engage clients. And we have success, but the numbers ebb and flow who's out there. they're not always the same people. You know, we don't have enforcement powers. We're limited there. I will send my teams often under the bridge. I will have our DBA -- you know, our teams that -- our volunteers go under the bridge and clean the public property under the bridge because we appreciate the fact that this is our neighborhood and we don't need our neighborhood to look that way, and we don't want our neighborhood to look that way. And so, we have taken the initiative and done that on our dime including, by the way, Commissioner Reyes, the result of street cleaning of those people out on the -- underneath that bridge when you see containers that clearly' are from street feeders. So, you know, we -- you know, Commissioner, we're equally as frustrated. We're in the business of helping people, and we believe we do our best to keep our -- certainly our facility as neat and clean as possible and outside to be good neighbors, to be, you know, good residents. We, you know, in the past, approached the City about assistance with, you know, neighbors across the street where we've had loitering and how do we -- and can we get folks -- and we have a convenience store across the street. And in this great state of Florida, you can buy one can of beer. You don't have to buy a six-pack. That's the state of Florida. And so, you know, we have those challenges, you know, as well, and we -- you know, we love to work with the City. We've gone out there and done, you know -- together, have gone out there and done -- I'm not going to call them cleanups. You know, when we go out there and offer services and have taken clients into the programs. But you know, we're equally frustrated, Commissioner, but we do send our Lazarus team out there and we do work with the Green Shirts to try to engage those clients into our system. There's -- you know, it's part of who we are and what we do, you know. It doesn't make sense to have them sleeping, you know, 400 feet away from us or 300 feet away from us under an overpass. Chair Hardemon: Senator, I saw your hand up, so I want to recognize you. Commissioner Diaz de la Portilla: Thank you, Mr. Chair. Ms. Fernandez, you blamed -- in that diatribe you went through now, you blamed everybody from the state of Florida's beer selling policy on down, but you didn't mention about what your responsibility is. It is very, very frustrating to me to see what's happening -- because I represent District 1. Ms. Fernandez: Certainly. Commissioner Diaz de la Portilla: Under that bridge, walking all the way down 14th to Jackson Hospital, very frustrating. It's getting worse. Since I've been elected it's City of Miami Page 33 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 getting worse. And a post-Pottinger world that we're in right now -- I asked this question in my briefing yesterday to our City Attorney -- what can we do and what policies are being developed by your organization to deal and work with the City of Mianii to solve this problem? Have you begun the process of doing an analysis of how you're going to deal with this issue in a post-Pottinger world? Ms. Fernandez: Well, Commissioner, again, you know, we're not a walk-in shelter. No -- there's no walk-in shelter in Miami -Dade County, which means the only way you get placed in Camillus House is if you're placed there by a referring agency. Like the -- Commissioner Diaz de la Portilla: That's not what -- that's not what I'm asking you. Are you working? That's what I said. Are you working? Are you talking and having conversations --? All heard you say is blame everybody but yourselves, so what's the solution? Ms. Fernandez: No, sir. Commissioner Diaz de la Portilla: I think we all know the problem, right? We all know the problem. Ms. Fernandez: Understood. Commissioner Diaz de la Portilla: What proactive steps are you taking to solve the problem? Ms. Fernandez: We actually -- Commissioner Diaz de la Portilla: Oh, okay. Ms. Fernandez: So, we're doing our own engagement -- Commissioner Diaz de la Portilla: You know the question, so I don't have to ask it. Go ahead. Ms. Fernandez: So, we are doing our own engagement of clients there. We're augmenting the engagement that's being done by the City of Miami Homeless Program of the homeless clients that are there. We are cleaning the area as often as we can. It's a public area down the street from us, but we're cleaning it. We've worked with the business owner next to us to make sure that they're also enforcing loitering, and you know, moving people off so they're not sleeping on the sidewalk on their property. It's the white building that's just south of us so that -- Commissioner Diaz de la Portilla: So, why is it getting worse? Why is the problem getting worse? Because you were creative to solve the problem, right? Ms. Fernandez: Absolutely. Commissioner Diaz de la Portilla: So, why is it getting worse in the last 10 months? Ms. Fernandez: You know -- Commissioner Diaz de la Portilla: Obviously, you're not doing something -- something is not being done right. I'm not blaming you in specific. I think it's a combination of lack of coordination and conversations. You know, there were legal impediments that we had because of the Pottinger case before that we may not have anymore. Have you -- since the Pottinger decision was thrown out, have you had any City of Miami Page 34 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 meetings at all with anyone in the City of Miami to talk about what could be done proactively moving forward? Ms. Fernandez: So, there are homeless like committee meetings -- (UNINTELLIGIBLE) committee meetings. There's meetings to discuss homelessness that are scheduled through -- Commissioner Diaz de la Portilla: Be specific. Be specific, please. Don't tell me committee meetings -- Ms. Fernandez: Not since the Pottinger just happened, 1 guess, like three weeks ago. There hasn't -- Commissioner Diaz de la Portilla: Yeah, three weeks, three weeks, okay, so for the last -- Ms. Fernandez: But that -- as you know -- Commissioner Diaz de la Portilla: -- so be specific, not committee meetings. Remember, I've sat through hundreds of committee meetings, and nothing ever came of them. Ms. Fernandez: Understood. Commissioner Diaz de la Portilla: So, I mean, don't -- be specific. What conversations have you had? With whom have you had those conversations? With whom -- and what are you thinking moving forward? What's your plan of action? Ms. Fernandez: So, Commissioner, in the last -- since the Pottinger -- the final decision on Pottinger has happened, there has been no -- I have not had any conversations with the City. I welcome a conversation with the City of how we can enhance what is happening in terms of placements, especially from the individuals that are located so closely to our facility and trying to accelerate their placement into our program. The -- you know, we do not have enforcement capacity, obviously, so you know, the tents that are on the site out there, you know, that's an enforcement issue. We can't -- you know, people have now -- something that we didn't have -- Commissioner Diaz de la Portilla: So, now you're blaming the City but you're not blaming yourselves. So, you're -- Ms. Fernandez: I'm not blaming the City. Commissioner Diaz de la Portilla: -- now you're blaming the City. You blamed the state for selling one beer. Now, you're blaming the City. Tell me what you have done, what you have done for the last three weeks to solve the problem, because that's what you're supposed to be doing, right? So, tell me what you have done and what your organization has done to talk to the City and say, "Hey, let's get together. Let's talk about it. Let's figure it out. Let's work together. We don't have enforcement powers, but you do. So, what can we do? How can we get there?" Because I understand Commissioner -- Chairman Hardemon's frustration because we share the district; we share the area. And it's -- and we've both seen in the last ten months get worse. And Tye don't get answers -- and we don't get solutions. We only get, you know, a parroting of the problem over and over and over and over again. We know what the problem is. What do you -- how do you think you're going to solve it? Ms. Fernandez: So, Commissioner, again, we're a homeless service agency. We don't have the ability to enforce individuals into our system, into our agency, nor does any other service provider. City of Miami Page 35 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Diaz de la Portilla: Okay. Ms. Fernandez: So, we can work with the City to -- as we have in the past when they have made -- when they've gone up and done cleanups in areas. We make available the beds so that they can bring them in en masse. We take them in en masse so that there's a quick response to what -- you know, the engagement process that's done. We're part of that team because the City -- if the City wants to go -- or anybody wants to go in and clean out an area, they're going to need a place for those individuals to be placed and we have done that. Commissioner Diaz de la Portilla: That's why we have the dedicated beds. That's why we have the -- Ms. Fernandez: Correct. Commissioner Diaz de la Portilla: -- dedicated beds. That's what the item -- this item is about. That's why we have the program in place. But if it's not -- if we have -- if they're vacant or they're not fulfilled, that's an issue. And perhaps, Chairman, since I'm not getting an answer there, maybe Mr. Vickers can give -- can enlighten me a little bit as to what the City is doing and what Ms. Mendez maybe can tell me what you're thinking after the conversation we had yesterday, Ms. Mendez. Will you allow me, Chair, to hear from Mr. Vickers? Chair Hardemon: You're recognized. Mr. Vickers: Commissioner., the City Attorney has set up a Zoom meeting to discuss post-Pottinger activity, but I can tell you in the area in which is being discussed now, Northwest 7th Avenue, just in front of the Women's Detention Center, that area, we had a meeting with the Florida Department of Transportation this week. That location will be completely closed off. Our homeless outreach has been there -- Commissioner Diaz de la Portilla: When, when? Mr. Vickers: -- to place -- Commissioner Diaz de la Portilla: When? Mr. Vickers: Actually, it should have started on Monday, but it will take place on Tuesday of the coming week. That area will be a construction site. I'm happy to say it's a construction site. Commissioner Diaz de la Portilla: Oh, okay, okay. So, it's being closed off because it's a construction site. It's not being closed off to solve the problem. Mr. Vickers: Commissioner; I'll take every grace wherever I can get it. Commissioner Diaz de la Portilla: I got it. So will I, so will I I agree. Mr. Vickers: That area will be closed off,' an area at 1st Court and 1st Place under I- 395. The City conveyed that -- those streets to the State as staging areas, I believe, a couple of months ago in a Commission meeting. They're being fenced off And I can tell you, along 17th Street, between 7th Avenue and Jackson Hospital, which has been an area and an issue for me for the last couple of years, we have employees trying to maneuver that area corning from one of our major employers in the city, Jackson Hospital. Both sides of the sidewalk has been blocked. The only way you can maneuver is in the middle of the street. That is not a Camillus House issue. A service provider in the neighborhood -- another service provider who does not receive City of Miami Page 36 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 funding from any source, it's been difficult for us to even address issues with them. So, that has been an issue there, but we have continued to do cleanups in that area, and hopefully, we'll be able to address one, structures, makeshift structures that have been placed on streets, sidewalks. To block a sidewalk is an issue as it relates to the Rehab Act. There should be the availability -- the ability of a wheelchair to come down a sidewalk. And I can tell you there are a couple of places that that's virtually impossible. And we can clear them out today. Ten days later, we have an issue in the same location. And we've continued to do that. Discussions post-Pottinger we are having between NET, Homeless Outreach, all through the Department of Human Services. Commissioner Diaz de la Portilla: NET? You're still around? NET's still around? Mr. Vickers: Sir? Commissioner Diaz de la Portilla: Is NET still around? Mr. Vickers: Well, sir, you'll be picking up -- Commissioner Diaz de la Portilla: I thought we got rid of them already. Mr. Vickers: You'll be picking up a part of that, but we will be working with the commissioners' offices in those responsibilities to address -- you know, those areas to address those issues. Commissioner Diaz de la Portilla: For me, it's really important, Mr. Vickers, that Commissioner Hardemon's taken such an interest in this issue because it does impact his district and mine. That's really where the focus is of the problem, right? We hear the brunt of the issue. But the majority of the problems, the immediate problems we're facing, the most recent one is really it starts at the border of his district and it goes all the way to Jackson Hospital, which is all in my district. So, to me, having been recently elected, to me that's a concern because we now have the tools available to us post-Pottinger to address this issue. Safety of our -- and Commissioner Hardemon's talking about Booker T. and the children walking, and the young adults walking in that area and having to walk past that population that could be dangerous, that could be, you know, problematic for them. That's a concern to me too, even though -- because that school is right across from my district. And a lot of the people that go -- the children that go to that school live in my district. So, to me, the coordination between Camillus House and the other service providers, the City Attorney's Office, and the explanation of whenever that Zoom meeting is going to take place, hopefully it will be within the next six or seven months. Mr. Vickers, your knowledge in this particular -- I meant six or seven days, I didn't mean months, I'm sorry, that was a Freudian slip. And your knowledge of the issue -- Commissioner Hardemon 's leaving us. He's been very, very attentive and today he's dedicated a significant amount of time to this issue and I'm very, appreciative of that because your new district is going to include this area in the County Commission. And I think -- I saw a poll yesterday, I think you're going to win your election. So, you're going to be a new County commissioner, you're going to have overlapping areas, so we're going to be working very closely together on this issue. So, to me, this coordination has to happen sooner rather than later. These conversations have to happen via Zoom or Teams or in person or whatever, any way you do it, but they have to happen so we can address the issue and stop talking about it, at least for this increase that we've seen in this population in this particular area. Of course, the homeless issue is a broader, bigger issue, mental illness issues and all the other issues that deal with the homeless crisis that we have in the country and the city. I get that. But at least our immediate solution to this problem is something that I think we can find some common ground and all work together. So, Mr. Vickers, I'msorry to interrupt you, but I think Ms. Mendez, so we can move on, at least if you allow me, Chair, just give me an idea of what you're City of Miami Page 37 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 planning on -- when you're planning on meeting, what you're planning on doing. Because we talked about it yesterday, so you have more than 24 hours to think about it. Chair Hardemon: And before you go, Ms. Vickers -- I mean, Ms. Mendez, after you finish, I'm going to recognize Commissioner Reyes to speak. So, Mr. Reyes, just allow her to respond, and then -- Commissioner Diaz de la Portilla: Okay. Chair Hardemon: And 1 see Commissioner Carollo 's hand went up. 1 also want to recognize we have someone from the Homeless Trust as well. So, Ms. Mendez, you're recognized. Ms. Mendez: Thank you, Chairman. We actually have a meeting set up for October 28th at 4: 00 p.m. Part of it was -- the catalyst was the Chairman asking for us to talk to him about these post-Pottinger issues and enforcement. So, we do have it for next week, so it will be much sooner than your anticipated time frame, Senator. And also, Mr. Wysong can give you a few points, not super elaborate, on how just easier things that we can do post-Pottinger. He's on as well. And he could give you those answers, direct answers to your questions from last night. George Wysong ( City Attorney, Supervisor): Right. Thank you, Honorable Chairman and members of the Commission. As the City Attorney has said in the past, we can deal with like homeless cleanups. There is no prohibition. First, I wanted to make it clear that just because a person is homeless, they do not have any immunity from being arrested for violating a law. For example, selling drugs, battery, any of those types of things. They are not immune from prosecution for any of those things. However, the challenge we have is that there was a recent case that went up to the United States Supreme Court. They denied cert, essentially meaning that the provisions of this law stay in effect. And I'll just read a brief little snippet from it. It says, "We hold that so long as there is a greater number of homeless individuals in a jurisdiction than the number of available beds and shelters, the jurisdiction cannot prosecute homeless individuals for involuntarily sitting, lying, and sleeping in public." So, if there's no room in the shelter, then the police cannot arrest somebody for sitting, lying, or sleeping in public. Like, essentially, those would be characterized as trespassing on public property or sleeping in public, that sort of thing. Chair Hardemon: And before you move on, I want to make it very clear that none of us have described arresting homeless people for sitting, lying, or sleeping in public. Mr. Wysong: Right, right. Chair Hardemon: One of the things that we want to make very, clear -- and I think this is where I heard Ms. Fernandez speak about it, and I think she was right in a number of ways about enforcement. What I found -- and I'm going to let you finish this. This is a statement I'll make. What I found is that our officers are not engaging with people in the ways that they can pre -- I mean during Pottinger, nor post-Pottinger. And so, what that means is officers have the right to move people along when there's -- when certain activities are going on. Not necessarily to arrest them, but to ask them to move on. And what we've seen in our areas especially is that there is an encampment of people always there. Now, I think the term "homeless" is a matter that you have to come to. It is a defined term and it's not something that we should use lightly. So, every individual that is out in the public blocking sidewalks, making it very difficult for people to transgress, they're not necessarily homeless. And so, I just want to, you know -- I don't want to use that term lightly, but I'll let you finish what you're saying. City of Miami Page 38 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Mr. Wysong: Very, very well taken, sir, in that, like you've said in previous meetings, that if there's a person selling dope on the street, the fact that they're a homeless person, they might not even be a homeless person, they might be taking advantage of the homeless people that are stuck there. And so, you're right, we should address the violations as they exist and not necessarily the status of the person. But, so on the one end of the spectrum, there is sort of a prohibition against arresting people for sitting, lying, and sleeping in public, so long as there's no shelter space available. But you can work on the aspects of that. So, like if somebody is sleeping on the sidewalk and they are taking up the entire sidewalk, you can tell them to allow, you know, pedestrian passage to go through. You can address issues like that, and I also believe it's important and we have worked with the Human Services Division to help out with authorizing street cleanings, eliminating the dangerous conditions that come about from people congregating on the street, washing down the sidewalks. The Court specifically in absolving or rescinding the Pottinger settlement agreement indicated that we were doing that correctly, that we were providing notice to these individuals we were cleaning these streets, and the cleaning of the streets benefits everybody. So, in this upcoming meeting, we intend on sharing the pitfalls, but also the opportunities Jrothe departments to take action. And I know the Senator is very sensitive to the attorneys talking about policy matters, but I do think that we should also perhaps include the criminal justice system in this conversation because a lot of times the police will make an arrest, and the person will be back on the street sooner than the officer has finished writing their paperwork. And so, we need to stress to the criminal justice system the importance of when we do take action, when the police do make an arrest for something, that those cases be treated seriously. And so -- Chair Hardemon: Thank you. Commissioner Reyes? Commissioner Reyes: Yes, I'm glad that we're having this conversation. And it is extremely important because it affects that area and affects most of the city, and particularly, also the downtown area. But in the area that Mr. Chairman, that you were addressing, and Senator, you were addressing, and one thing that I had always, I mean, puzzled me is that we have an area that most of the times, and sometimes have been clean, and it has been stated 10 days after that, or 5 days after that, it will be the same. And the question, my question always been what conditions are prevailing in that area that makes it so popular for homeless to come and camp again, again in the same area? You see, I mean, that is something that I don't know if anybody has analyzed it, that why it is so popular for that population to come back to the same area, will be the proximity to Camillus House and a meal? Or it will be a proximity, to anything. I mean, I am not an expert, but I would like to have an analysis of why, why that particular area that, as Mr. Chair you know, and it has been there forever. I mean, I know that, I used to drive by it every time that I was going to work and one day it was clean, and I said, "Oh, look at this." And five days later, it came back again. What makes it so popular? What conditions are there that will bring them back? And that is something that I wanted to also include in the analysis that you are requesting and the actions that you 're requesting, that maybe we can do away with what is favorable for them to come in and make it not so popular. Maybe we can clean those areas because it is not fair for the residents and the people that have to go through that. It's not fair. Chair Hardemon: And the reason I brought this up in this time is because of its proximity to Camillus -- this particular -- I want to be very clear. I mean, there are people who are watching from the Overtown community and there are areas that are much worse than this. And we have businesses, and we have historic locations that attract tourists for showings of their property, which is predominantly the Black police precinct, that site for instance, from 3rd Avenue -- I'm going westward, or you know, east or west -- but 3rd Avenue to approximately 6th or so, 6th Avenue, that area is inundated with (INAUDIBLE). City of Miami Page 39 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Reyes: That's right. Chair Hardemon: And what's particularly troubling about it is that you have -- you know that there are drug sales going there. That's why they're there. There's an individual that has no less than 50 bikes, so he's operating a business out of the space. We've seen -- it seems as if they've built major construction. So, you have apartment units that are there with beds and a number of different things that are not allowable in any public space. But they are not -- it seems to be -- I know there are things that happen there that need to be more frequent, but there seems to be such lawlessness there and lack of enforcement. And this is something that people -- this is the introduction to a historic neighborhood that's getting millions of dollars in reinvestment. We have to be able to do better, not just for the individuals that are visiting that area, but especially for the people that live in the area and the homes that are being reinvested there. So, it's counterproductive to what we've been doing. And I think that this body, especially with the individuals that we have here now, post- Pottinger, I think this is the body that can really put a dent in it, especially when we know we're going to be getting a new police chief. And I think that this is one of those things that's a condition of employment. You know, how do we do this? Because what I've seen in that area is that there's enforcement of delivery, mopeds on 10 foot sidewalks, right, where people can get by clearly. There's enforcement of individuals who stop at a light too long in areas where there's lack of traffic, but there's no enforcement whatsoever of the tens and twenties of individuals that I'm watching that are using drugs, buying drugs, selling drugs, engaging in pornographic activities. There's no enforcement of things there that I've seen. 1 know that one of the commanders has recently asked about cameras for that area. 1 spoke to the chief about it because 1 know that we have access to temporary cameras, but her request was really merely about dollars from the CRA (Community Redevelopment Agency) to provide relief And that's not what, you know, that's not what this should be about. It should be about solving the problem and we should have a resource within the City to take care of it. Commissioner Carollo? Commissioner Carollo, I know you had your hand up. I wanted to recognize you. Commissioner Carollo: (UNINTELLIGIBLE). Chair Hardemon: Yeah, take your hand off Don't choke on whatever you're eating. We need you here. Commissioner Carollo: What was that? I'm sorry, Chairman. I didn't hear you. Chair Hardemon: Don't choke on whatever you're eating. Commissioner Diaz de la Portilla: Having lunch already? Commissioner Carollo: I spent my whole life with certain people always, you know, wanting me to choke on something, and it always ends up they're the ones that choke. But I was told there was some love spread on me today. I'm glad that I'm helping the economy again, that they're paying newspapers to talk about me and bloggers, you know. I'm helping people. They're being paid to talk about me. That's wonderful. Now the economy moves in strange ways. But before I get to the topic that we're on, it was mentioned before that NETs -- I thought that we took a motion that beginning this new fiscal year, NETs were over. We were going to do our own NETs. So, I'm a little confused, maybe some other time today that could be explained to me. Because there was an official motion made from the Commission. And I don't know what's happened. But I've been busy, so maybe I need to sit down with my staff and find out what happened with that all. Now, going into the topic of the homeless. It just boggles my mind that the only time that I have gotten any response from the residents of my district on the homeless has been when top management has gone out there itself to direct traffic with all the other departments. And then I'll tell you what's happened. City of Miami Page 40 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Since like the rest of the City, everything's schizophrenic, nobody really cares. You know, we talk so much about the residents and that's the most important thing, but in the end, very few people care about the residents, truly. So nobody goes out there, whether it's the police, whether it's all these groups that we have, I don't know how many groups do we have to deal with the homeless, nobody goes out there and does anything about it. So, the area that was cleared up about a month and a half ago or so or a month ago, now some of the ones that were left behind, have brought in more, and I got the area over the overpass on 6th Street that you can't walk through that sidewalk anymore. So, where are the rights of the average resident of Miami that they can't even walk through a street and they got to see the sights that they're seeing because the City's not doing its job. 1'd like to know what the commander of my district is doing in that area to make sure the police officers are coming by professionally and asking them if they would like to go to a shelter, try to help them go to a shelter. Why are the people that are cleaning up letting these people put huge tents in some cases, more in others, be bringing furniture, mattresses, you name it, even stoves in some times -- in some cases. Why are we letting them do that and nothing is happening. And then I see that we're paying millions of dollars -- the Homeless Trust got $18 million. And if you're going to get my vote to keep giving you money, then I want to see that you, along with somebody in the City, does something about that. And not one time, because top management shouldn't be the ones that's out there to handle this. We got a lot of employees in the City that should follow up, but nobody wants to follow up. And you go one time and then that's it. You let it go. And at least 1 should be grateful that, you know, one time in several years it was truly cleaned up. But 1 cannot understand why we're paying you millions of dollars and 1 keep getting complaints from residents in my area and 1 keep getting the blame for what we have. And I'm sure the other Commissioners are being blamed with their districts too. And it's not just the area over Jose Marti Park that Mr. Vickers spoke about. I got smaller pockets spread out all over my district. Whether it's Flagler, whether it's in 8th Street, 1st Street, 17th Avenue. What are you guys doing and going out in the field and cleaning up? I mean, who in the City is truly putting a task force together to clean up our areas and help these people? Look, the vast majority, if not in the 80 plus, 90 percentile of the people out there are not from the City of Miami. They come from other areas, most out of Miami -Dade County, and the vast majority of them have either mental problems, drug problems, alcohol problems, or all combined. So, let's not kid ourselves. These are not going to be people that you're going to be able to straighten out so they can change their lives. It's not going to happen. You might do 1 percent, 2 percent, maybe God will come down and do 5 percent, but the rest of the people, they're part of the drug war. The drug war that it was to destroy America, and they are destroying America like this. Because you know, other cities are in even worse shape, but this is Miami, this is our city. And I want to know what employees, what departments are responsible for helping these people be sent to whatever beds, whatever shelter so that if they don't want to go and they refuse to go, we could deal with them humanely in another way, but we deal with them, but they're not in the street blocking sidewalks, doing all kinds of other things that I wouldn't even mention here and nobody gives a crap about it. So, can somebody tell me which of the departments that are supposed to handle this? Because I will gladly approve the funds so you could have them, but if you're not going to do anything about it, no one's going to do anything about it, why give you more money? Chair Hardemon: So, particularly the question that we would like the Administration to be answered -- Commissioner Carollo: Well, the question, Chairman, is who -- which departments are responsible for getting these people into beds, into shelters, getting them off our streets? City of Miami Page 41 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Mr. Vickers: Mr. Chairman, Commissioners, if I can, the Department of Human Services Homeless Outreach is responsible on a daily basis. They are our boots on the ground to address that. Commissioner Carollo: They're hardly doing -- why aren't they doing their jobs in my district, not to mention others, but the others can fight for their own districts. Why aren 't they doing the job in my district? Mr. Vickers: Commissioner, I could probably tell you that each individual who's on the street who is homeless has had contact on multiple occasions, sometimes 15, 20, sometimes 40 times with a green shirt. That staff is probably one of our most dedicated staffs in the City. They attempt to address it. They place them in shelter. In some instances they stay. Some instances they will say it's too structured. I can't stay. There's any number of issues, but I can tell you that staff is on the street and on a daily basis trying to move individuals into shelter. Now what we have done with other -- I'm sorry, Commissioner; go ahead. Commissioner Carollo: I have seen the same faces that have not gone into shelters are still out there. So, maybe your people are really dedicated. I don't know what they're dedicated to, but I, you know, will give it to you. They're dedicated to something, but they're not dedicated in getting these people off the streets. And this is the problem that I have. Mr. Vickers: Commissioner -- okay. Commissioner Carollo: And on top of that, I'm going to give money to a shelter, and I got green shirts, brown shirts, blue shirts, whatever kind of shirts that aren't doing anything to get them off, then why do we need to have all you guys? We got a budget crunch right now. The -- by the way, gentlemen, the budget that we approved that we thought was balanced is not because you guys weren't taking care of with the one union that we were told that they were. So, we got a few more millions of dollars that we got to take care of. So, I suggest that if you can't take care of that problem that we begin with your group and defund your whole group because I'm sick and tired of seeing what I'm seeing in my district. I don't even want to go over the bridge into the MRC (Miami Riverside Center) side in downtown because it's like a war zone. I can honestly say I've been all over our hemisphere. There's not a country in our hemisphere I haven't been to. I've seen the best and the worst. I haven't seen a single place anywhere in our hemisphere that you have people thrown all over the place like we have here in our own downtown area and some of our other areas and we're supposed to be the first world. I don't know. So, what I'm pleading with all of you is to do something about this. I'm tired of getting the blame for you guys not doing your job. Chair Hardemon: So, let me -- I have a question for Ms. Fernandez and then I'll recognize Ms. Mallette. Ms. Fernandez: Yes, sir. Chair Hardemon: M. Fernandez, one of our dear former Commissioners, Commissioner Sarnoff, instituted a mat program. And at the time it was highly contested, especially by Camillus -- I'm sorry, the Homeless Trust because what was - - well, I won't say the reasons, but it was highly contested. And so we know that there is a resistance of individuals who are considered to be homeless of having structure. And the mat program, as I understood, allowed them to come into the vicinity to lay on comfortable mats, much the same way they would lay in the street. But they would have the security of the shelter and access to different facilities at the shelter. And they will be in environments where they will be free from attack, from illegal drug, you know, use or sale, or anything of that nature. And it was a place for them, if you City of Miami Page 42 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 were truly looking for somewhere to sleep, you could be there. Have you heard about that program? And if so, do you believe that that program is beneficial? And if it is beneficial, and the City, for instance, stopped funding it, why haven't you all started a similar program if you have not? Ms. Fernandez: So, Mr. Chair, if I can, I want to -- i f I can, just for a second, I wanted to go back and appropriately answer a question for Senator Diaz de la Portilla. He had asked a question about what we had done proactively, but he was very specific to the Pottinger case. Senator, I just wanted to let you know that we have a meeting scheduled for next week with the new commander for the Downtown/Overtown area. When we found out there was a new commander, we called the City to ask to meet with that new commander so we could talk about how we can work together. And that meeting -- Commissioner Diaz de la Portilla: I believe that, I believe that. Ms. Fernandez: -- is (UNINTELLIGIBLE). So, we do, we try to work with our partners to try to address the issue. But that meeting is scheduled, I think, it's Commander Fernandez for next Monday. But we reached out the minute we found out there was a new commander, as we have relationships with the two commanders, the ones that deal with Allapattah and Downtown. Those are the ones we deal with most frequently. The answer to your question, Commissioner, so the mat program, as it was originally called, allowed for the equivalent of overnight stay only. So, the people would be able to come in, sleep inside, but they would leave in the morning. If some of them wanted to avail themselves of the day center services, they could. But it -- the -- I think what ended up happening, the result of that mat discussion was eventually the Homeless Trust funded another 75 beds, emergency beds, and that's when the City started funding the 75 Pottinger beds that are dedicated by the City. So, we don't run -- you know, with these few exceptions, we don't do overnight sheltering. That model in the past in Miami -Dade was perceived as not being the most effective because people were, you know, sheltered only overnight. From the Camillus House perspective, it was a funding issue. The funding, I think there was a dispute as to how it would be funded, and that's where it kind of got stuck. And then the solution eventually was a commitment from the Homeless Trust to actually fund 75 beds permanently for emergency housing, which they did. And do still exist after -- and I think that happened in 2012 or 2013. And so six, seven years later, those 75 beds are still available, presumably to expand the capacity to presumably reduce the need for the mat program. Chair Hardemon: Can you define what emergency housing is for everyone that's watching? Ms. Fernandez: Certainly, emergency housing is generally what is provided to individuals who are coming directly off the street. In the system in Miami -Dade County, it's called no barrier, which means the individuals do not have to be clean and sober. They just cannot use inside the facilities. The -- but everything else -- you know, we provide even a pet kennel. So, if they have a dog, they can 't use that as an excuse for not coming into the shelter. We actually provide them a kennel with food for the dogs and everything so we can take as many people in. So we will accept clients who are not clean and sober, who are still not mentally stable, and it 's our job once they come in to assign them to a case manager in emergency housing. We assign them to a case manager so they are assisted in identifying how to get them out of there into permanent housing. Whereas the more traditional shelter model is people, like in New York, you see that most frequently like in New York, people come in, they line up, they spend the night and the morning, maybe they have breakfast and then they leave, but not necessarily engaging in services. So, they -- the needle is not moving for those folks versus an emergency housing, by the fact that we 're able to engage them and guarantee that they're going to have a place to sleep the next night and the next night, City of Miami Page 43 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 as long as they're working with us, we are able to engage them and hopefully have a productive and meaningful outcome to their stay there. Does that mean it happens all the time? Of course not. The only barrier that happens in Miami -Dade County for emergency shelter, emergency housing, is that because of the law, the distancing requirements, there is no facility to, we cannot accept registered sex offenders. But other than that, we accept anyone else that comes in, even if -- you know, and then it's our responsibility to get them mentally stable. It becomes our responsibility to get them into treatment, to convince them to go into treatment, which we also offer at our facility. Chair Hardemon: Okay. So, then the question becomes -- the mat program, clearly, the mat program did -- it would allow people if, for instance, those who were sleeping on the street, it would allow them access to the facility. So, at least for those individuals, they will be removed from the street at nighttime to be in a secure place. Did you find that at all beneficial to what our mission is in the City of Miami along with your mission with the Camillus House? Ms. Fernandez: So, Commissioner, I was not at Camillus House when the mat program was implemented. I would have to go back and pull numbers to see how many of those individuals eventually engaged in the system through that interaction with us to see how many eventually got into the system, engaged into a permanent bed, and were able to then move out of homelessness into permanent housing. I would, you know, be happy to look at -- I just --1 wasn't here, so I'm not too familiar with (INAUDIBLE). Chair Hardemon: And 1 can understand if you're looking at it from that perspective. But also, I think from the City's perspective, where we have a number of individuals who are -- so say f they are homeless and they are eligible to enter into a mat program, which of course, it's like their introduction. Like you don't marry the woman, you don't marry the man until you say, "Hello, my name is Hilda," right? So you have to meet. And the program is the way that I saw it was a way that individuals who were looking for shelter, who were looking for a safe place to be, had -- they had that option. They could just walk up to Camillus House and decide that they wanted to sleep on the mat, rather than sleeping on the concrete in the City of Miami. And so, you know, I'm asking that because maybe that's a way that we can reduce the number of people that are sleeping on the street. They -- of course, they don't have to get services. They can if they like, right? And it gives them that option, right? So you can make appointments with them. At least now we can know who they are, if these are the people who are truly homeless, and are chronically homeless, and not individuals who are staying on the street in order to engage in activities that are illegal, or because they just, you know, they have no regard for any sort of structure. So, you know, that's not on the agenda today, but of course, I mean, I just want the rest of the Commissioners to understand -- those who were not here, those who were -- that there are some options that we have that, you know, could possibly help alleviate some of our issues. And I'll leave it at that. And then I'll recognize Ms. Mallette. I hope I'm pronouncing your name correctly as well. Vicky Mallette: Thank you so much, Commissioner. So, let me start out by saying this is not an excuse, but the pandemic has exacerbated everything on the street. I'm not 100 percent certain, we'll know better in January when we do our point in time count, but what were people on the street has turned into full-fledged encampments, something we rarely had on the streets of Miami -Dade. We have had well-meaning organizations passing out tents and other supplies. Once those tents get into the hands of these individuals, it's very hard to get them to go away. So, even if an individual accepts a shelter bed, they will not relinquish their items. Instead, they will tell the person next to them who has refused a shelter bed to, "Here, take my things," which prohibits us from you know, removing or keeping at bay the debris. The CDC (Centers for Disease Control and Prevention) has had guidance out since the City of Miami Page 44 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 heginning of the pandemic that says, don't mess with encampments. So, we've been up against that challenge that if you tell large groups of people to move on, are you promoting community spread? So, the way we've been dealing with this is we set up five quarantine and isolation sites and the teams that are out on the street have been moving people, COVID or not, to these sites. They have become the de facto entry place for the individuals on the street who are willing to go to shelter, and in these cases, in some cases, they're not going to a shelter. They're going to a hotel site that we've procured, and they can go into their own room in a hotel site. We test them for COVID. If they come negative, we pipeline them into shelter with rare exceptions so that the shelters know that they're not accepting a positive. We have ample capacity today. If you were to walk up 14th Street and offer shelter to everyone there, we have a shelter bed for them right this moment. They have to be willing to go. For those who aren't willing to go, we continue to work them. We work them through the (UNINTELLIGIBLE) teams that are funded through Thriving Mind, that are funded by -- to Camillus House that are mental health counselors out on the street daily. They can coordinate to move people into these isolation and quarantine sites. We have the Lazarus Project, who's dealing with the severely mentally ill individuals, and they have a caseload they're engaging every day. We have Camillus Health Concern, who 's providing medical care and treatment to people on the street. They too have put people into shelter and moved people into the isolation and quarantine sites. We just a few weeks ago approved state legislation that was put forth by Judge Leifinan. It's designed to update the Florida Mental Health Act. This is going to provide additional modernization to the Baker and Marchman Acts so that we can provide more tools to the judiciary to help people who cannot help themselves. Additionally, we're amending the workflow for the outreach teams, so they don't have to think just in terms of this person needs to go to a shelter bed. We want them to enter an encounter, enter and open a case, even for those refusers, as long as they can get basic information. And we have automated our referral process to permanent housing so we can pipeline those individuals directly into a housing intervention if they're prioritized. And unsheltered people are part of that prioritization strategy. Obviously, we're juggling many populations. We've partnered with your police department who got a grant to do an opioid pilot that involves Marchman Acts or not quite Marchman. Acts but pre-Marchman Acts and we've committed if those officers need a bed to place someone in somewhere indoors prior to receiving a treatment bed, we're going to be there for the City of Miami police to be able to receive those opioid users before they have a transitional or temporary treatment bed available. Commissioner Carollo: How many -- if I could interrupt for a minute, how many requests have you received from our police department for such beds? Ms. Mallette: So, I need to look and ask the teams how many. I don't have that at the tip of my tongue. We never thought that the predominance of people in that grant would be opioid users who are homeless. Some are, some aren't. They anticipated it would be a fraction. So, we can circle back with the police department, but the beds are there. Commissioner Carollo: Yeah, I know the beds are there; we're paying for them. But Ms. Mallette, the direct question is, how many people has our police department referred to you or brought to you from the streets? Ms. Mallette: I'd have to check that information. Let me say it this way. Commissioner Carollo: It's that few, right? It's that few that you got to check the information. Ms. Mallette: So, I -- Mr. Chair, if I may. For the beds that the City of Miami funds, there were 341 placements by police into the 10 overnight beds during the fiscal year City of Miami Page 45 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 that ended September 30th. 341 into the overnight Pottinger beds, what we call Pottinger beds, the overnight beds. Chair Hardemon: So if -- and that's 341, 1 mean, so ifyou average one a day, that is a terrible rate at which -- Commissioner Carollo: Yep. Chair Hardemon: -- those beds that are available were actually filled. Also, I want to make note, Mr. -- can we have Mr. Ron Book elevated as well so that he can participate in the discussion if necessary? Madam City Attorney -- oh, I'm sorry, Commissioner Carollo, you had any further questions? Commissioner Carollo: Well, while you're waiting, Mr. Chairman, if 1 could make a statement. Chair Hardemon: Yes. Commissioner Carollo: Because what I'm hearing from Ms. Mallette is they have the beds, they have the beds, and a lot of excuses. If it's not COVID, you know, it's something else. Maybe it's HIV, maybe it's Ebola that finally came and hit us. It's always something that we can't get rid of the people. Now, she did touch upon something, all these tents that are being given and more. Now let me bring this up to the Commission's attention. In the arrest that we made and that our police department made on the recent demonstrations, in some cases more than that, I stopped counting percentages, but early on it was something like 70 percent. I don't know if it came close to hitting 10 of the people that were being arrested that were homeless. The not so young man that burned one of our police cars, within a couple of days after he did that, here's a homeless person -- I don't know how he came into enough money to buy so much drugs. He overdosed so badly he ended up in a hospital,, never came out of the coma and he died there where we found him. Now, I don't know if these people have good intentions or not, but whether they're not good intentions or whether they are and they're not understanding what thev 're doing, they're helping to destabilize many of our neighborhoods. And the homeless population that we have here, that's not a local homeless population. It's one that for the most part has been sent to us from numerous places that are not City of Miami. It's being used almost like a fifth column to destabilize our city where our residents that own homes, that rent apartments, are afraid to even walk into their neighborhoods. And no one does anything about it. People get tired of calling the police. On 8th Street and 12th Avenue, we got a guy that's been there since I got here. I'm convinced the only way he's going to be gone is in one of his, you know, drug fringes when he's thrown out in the middle of the street, like I've seen him, someone's going to run him over. But it's not because any of the green shirts or blue shirts or any other shirts are going to get him out of there or do anything with him. So, this is a problem that we have. It's a problem that's destabilizing our communities, is hurting our City, is hurting our economy, and ifyou all can't handle it, I'll tell you, I know the solution. I will gladly offer them a ticket wherever they came from. We'll pay for it, one-way ticket, and we'll give them a reward. I'd rather give them 5,000 bucks a head and buy them a ticket, you know. They could go to wonderful Portland, wonderful Seattle, you know, that beautiful Times Square in New York or my old city, Chicago, anywhere they want to go. Commissioner Reyes: San Francisco. Commissioner Carollo: We'll send them, we'll sign a contract, we'll get them 5,000 bucks and get them a one-way ticket. And you know what, we're going to save a heck of a lot more money than having to give the Trust and who knows who else so many, millions every year. You know, I don't know what else to do. I'm pleading for help, City of Miami Page 46 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 and I can't get any concrete answers. I haven't heard anyone here in all these key positions and no green shirts, blue shirts, red shirts, or any kind of shirts, speak up and say, what areas are you concerned with in your district? We're going to go there right tonight and try to make an impact and do something about it. Chair Hardemon: So, I see -- Commissioner Carollo: Because nobody wants to solve any problems in the City. All the people want to do is line up and get their paycheck and not do anything unless they're forced to do it. Chair Hardemon: So, 1 see Mr. Book's hand is raised. I don't know if IT (Information Technology) has elevated him so he can participate in this discussion, so I want to recognize him. Mr. Book, you're recognized. Ron Book: Mr. Chair, thank you. So, let me just chime in, and I -- to you, Mr. Chair, and to members of the Commission, and to the City Attorney, and to Mr. Wysong. As your staff knows, and the Manager's office, Mr. Vickers will tell you, we'll stop at nothing to try to help more than we've got now. There's nothing we won't do, and we will take 100 percent, Mr. Chair, through you to Commissioner Carollo. Your police department wants to bring us 10, wants to bring us 50, wants to bring us 100 people right now, we will put them in a bed right now. It's 12:10, Commissioner Carollo. At 1 o'clock, 2 o'clock, 4 o'clock, 8 o'clock tonight, we will put them into a bed right now. We have vacancy, we have opening, we will do it, number one. Number two, the issue for a minute of the tents, when Commissioner Diaz de la Portilla raised that issue, and then you came on, Commissioner Carollo, and added to it, three months ago, two months ago, when 1 was last in front of you, 1 said then what Ms. Mallette said more politely than I did. We begged the green defenders not to distribute tents. As the Chair would tell you, because he has seen my back and forth communication with several of the individuals that live in Overtown that are desperate for us to remove the tents. We knew what was going to happen. We don't believe -- and this is more to some questions that Commissioner Diaz de la Portilla has posed to us along the way. It's not that there's 500 or 1,000 more people living on the streets, Commissioners. It's basically the same number. But it looks significantly greater because you have tents that are not socially distanced. You have people living on top of one another. We have put ourselves back in appearance 20 years, 20 years. I don't know how long it should take us to get our handle back on that part, but the City shouldn't suffer it. And I don't -- Commissioner Carollo, to you, I don't blame the police department for the tents. The tents were created by an interest group out there. Now that the Pottinger decision has been affirmed, if you will, by the declaration to take it up at the Ilth Circuit, Mr. Wysong and Vicky can help us understand what added latitude that's going to give the police department. But Commissioner Carollo, I know where you were going on the Pottinger bed issue. We've talked about it repeatedly over the last two years. The trust originally started with four bed set aside. It didn 't cost the City any money. We have a four bed set aside every night, 365 days a year. We couldn't get people in those beds. They're available for the -- were available to the police department. We've suspended the beds, but I can put them back into inventory tomorrow morning to you. Hilda, at Camillus, of the 75 beds, Commissioners, that you're paying for, she's got the 10 set -aside Pottinger beds. You can do the math on it. Just take seven days a week, ten beds at 70 room nights a night -- a week rather, you multiply it by 52, you're talking about 300 -- 3,650 bed nights. If we're not putting heads in those beds, Hilda's holding those out of inventory for Pottinger placements. We don't have Pottinger anymore. They're police placements now. Again, if you have other suggestions, any of you, we're happy to help. I just don't know what else to offer up. I'm still optimistic, Commissioner Reyes, that when COVID goes away, we'll be deep into that feeding practice. But we've got to have our outreach folks there, as we've talked about, our case management, our services folks there, so that we can get those, folks hopefully over time to let us put them into shelter City of Miami Page 47 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 or housing. We remain as committed today as we were when we started that dialogue. Again, 1 repeat, you all have suggestions, Commissioner Russell, Commissioner Carollo, Commissioner Hardemon, Commissioner Diaz de la Portilla, Commissioner Reyes, we're ready. We're ready, just give us the suggestion. We talk to your management staff, whether it's Art or it's Fernando or it's Milt. We may not talk every day, but one of us touches base with each other every few days. We're in constant communication. Tell us what we can do to help more. And Commissioner Hardemon, you're going to the County. You're going to the County, and you'll find you're going to have the ability to help even more by pushing us back over here to do more. Commissioner Carollo: Chairman. Chair Hardemon: Commissioner. Commissioner Carollo: Mr. Book, we've known each other I think -- well more years than we both want to remember. Mr. Book: 49. Commissioner Carollo: I think -- oh, I think it's more than 45. Mr. Book: Somewhere between 49 and 51. I was trying to -- Commissioner Carollo: I thinkl was about maybe 19 or so, or 18. You were chairman of a certain democratic club in Florida -- Mr. Book: Yeah, so were you. Commissioner Carollo: -- International University. Mr. Book: So were you. Commissioner Carollo: Somebody ran against you and you lost. Commissioner Diaz de la Portilla: I remember -- I don't remember that. I was too young. I read about it in the paper -- Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: -- in some historical archive. Mr. Book: You weren't born -- you weren't born yet, Commissioner. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE), but I read in the historical archives about it. But the interesting part is that Commissioner Carollo's now admitting that he was once a democrat. Commissioner Carollo: Yes, I was. I certainly was when I was a young man. Commissioner Diaz de la Portilla: Yes, he was. Mr. Book: Before he was helping John Grady of the American Party run for the US Senate. Commissioner Carollo: The -- when I was 18 -- Commissioner Diaz de la Portilla: You saw the light. City of Miami Page 48 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Carollo: (UNINTELLIGIBLE) you could get all the republicans -- Commissioner Diaz de la Portilla: You saw the light. Commissioner Carollo: -- you could get all the republicans in Miami and get them in a phone booth. There was enough room for it. And certainly, the Young Democrats at FIU (Florida International University) gave the best parties. And I follow that tradition, you know, you date democratic girls and whatever the other one is, well, I did. And anyway, moving along, if -- Commissioner Diaz de la Portilla: Good idea. Commissioner Carollo: -- 1 had not been back to this Commission, we won't be having this discussion. Because it was 1 that, when 1 came back, it was hearing all these excuses with Pottinger, the same Pottinger that I had when I was mayor -- we didn't have these problems back then with it -- I brought up a resolution that was approved by this Commission to challenge Pottinger, to bring it back to court, and I was right by doing that, and we don't have anymore. But now that we don't have it anymore, I see that I'm having the same problems. And no one can speak up and tell me what you're going to do to help solve it. Mr. Vickers talks to me about the dedication of the green shirts, but he's not talking to me about they're going to go out in the streets and do something about it in the areas that are killing my residents in District 3. 1 don't hear anything from the police. I don't hear anything from any other shirts that we have in the City what they're going to do. And you know what, it shouldn't take the City Manager to go out there himself to handle it. So, what I'm asking for is from someone in this City that makes more than 1 do, not necessarily works more than me, but makes more than I do, to give me a solution now that we don't have Pottinger in what we're going to do to clean up our neighborhoods. And I'd like to begin right in District 3. Is there anybody in the City that cares to speak up? Not everybody at one time, please. Chair Hardemon: While we're gathering them, because certainly there's some ideas I want to -- we need to -- Commissioner Carollo: See, Mr. Chairman, this is the problem that we're facing, not just with homeless, but just about every other problem the City has. You know, it's a -- everything's on automatic cruise control, and you know, no matter how much of a screw -up you are, nobody gets fared. You just get placed somewhere else and nothing gets done, or if it does, it takes forever. Chair Hardemon: Mr. Vice Chairman? Vice Chair Russell: Thank you, Mr. Chairman. This truly is an important issue, but I'd like to suggest that -- I'd like to make a motion that we approve the CA (Consent Agenda), the PH (Public Hearing), and the RE (Resolution) agenda so we can move along and maybe schedule a special meeting to discuss this. But I'm not trying to distract from it, but I would like to make a motion on the CA, PH, and RE agenda. Chair Hardemon: Can you include your PI (Pocket Item) in there as well? Vice Chair Carollo: Yes, that's fine. Chair Hardemon: I'll second that. So, motion to approve -- Commissioner Carollo: I will go along with the Camillus House appropriations. If we break it down that every month, we're going to see what's been done, we only approve one -twelfth of the amount, and every month, I want a report what's being City of Miami Page 49 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 done. I want a report from Mr. Vickers to see what all your dedicated green shirts are doing, Mr. Vickers, including yourself. And -- Commissioner Diaz de la Portilla: Mr. Chair. Commissioner Carollo: -- I'll gladly approve the honey every month if I'm seeing that we're placing people from the streets in those shelters and those beds are being filled. If not, then I'd like to see if the City might consider, you know, one of my suggestions. If people were sent to Miami from other parts of our state, our country, that are not from here because they knew that we had handcuff's and we wouldn't do anything, what prevents us legally, Madam City Attorney, from offering these people a ticket anywhere they want to go and some dollars that we've signed a contract with them, they can 't come back for an X amount of time? And we'll give them some cash to go. Unidentified Speaker: We do that, do that. We can also (UNINTELLIGIBLE) -- Ms. Mendez: Obviously, anything that's voluntary is voluntary, but I would need to just research that particular program. It is innovative. Chair Hardemon: Mr. Vice Chairman, do you accept the amendment? Commissioner Carollo: And they're going to take their tents with them. Chair Hardemon: Do you accept that? Commissioner Carollo: And any Marxist ideology that was put inside the tents that was given to them in the Middle East or Venezuela. Unidentified Speaker: You need to tell them what we do. Vice Chair Russell: Yes, Mr. Chairman, I accept the amendment. Chair Hardemon: Okay, so the amendment, I'll be clear -- Commissioner Diaz de la Portilla: Mr. Chair, Mr. Chair. Vice Chair Russell: To include the Omni -- to include the Omni in PL 1 ? Chair Hardemon: That, but I was talking about Commissioner Carollo's amendment, which is basically that he wants each month for the allocation for that month's beds to come back before the Commission for approval. Vice Chair Russell: So, it's a monthly allocation that -- and so it'll come back to the Commission to qualify whether or not they receive the allocation or--? Commissioner Carollo: Well, we get a report how many of the beds have been filled -- Vice Chair Russell: That I definitely want. Commissioner Carollo: -- what have the green shirts done, what has Camillus House done to help get those beds filled, any other department that should report -- I would imagine Police should be there, the City Manager's Office should report. And if the beds are being filled, people are being taken out the streets or being sent somewhere else, then we approve the dollars. But if they're not being filled and they're empty, what are we doing? City of Miami Page 50 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Vice Chair Russell: Reporting I'ni definitely in favor of.. I think we should monitor and try to solve and help solve. But 1 don't want to hamstring their funding where -- when the homeless crisis is where it is right now. I definitely want to keep the funding flowing and keep a good eye on it. And if we need to make adjustments, 1 agree, but 1 worry that if every month they have to come back to us and the money needs to be released through that process, it'll hamstring their abilities. So, I'm a little concerned. Can we temper that a little, Commissioner Carollo, to -- Commissioner Carollo: (UNINTELLIGIBLE) I have no problem but -- Commissioner Diaz de la Portilla: I agree. Commissioner Carollo: Mr. Chair. Chair Hardernon: I'm going to recognize first Commissioner -- 1 mean, the Senator, and then Commissioner Reyes. Commissioner Reyes: Why the Senator first? I could understand because he's older than me and -- Commissioner Diaz de la Portilla: I'm older, I'm older. I'm more seasoned. I have a better (UNINTELLIGIBLE). Commissioner Reyes: No, you're -- you're -- okay, go right ahead. I'll wait. Commissioner Diaz de la Portilla: You know what, sir, age before beauty. Let Commissioner Reyes go first. Commissioner Reyes: No, no, no, I'm just kidding, man. I'm just kidding. No, the only thing that I was going to say, why don 't we reach a compromise? You see, we are -- we will get a report every month, and if action is needed, then we take it. Commissioner Diaz de la Portilla: Right, the reverse. You read my mind, Commissioner. The reverse. We authorize the amount, and we come back, and if they don't do what we ask them to do, we take action to take the money away. Commissioner Reyes: We are very close in (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Okay, but also I would like to add -- and I know we have a motion on the floor and a second and all that -- the idea that there's a plan and shift all the responsibility to the Trust or to Camillus House, that's -- they have their own internal mechanisms to govern themselves and they -- even though they get money from us. My responsibility, as I see it, is what the City does. And so the coordination between the City and the Homeless Trust and the service providers like Camillus House, that coordination is the report that I want to see. What are you doing post-Pottinger? What plan are you going to present to us instead of us allocating whatever, $460K here and then another $100K over there, and at the end of the day, we just keep throwing money at the problem and that's a very -- something you would agree with, Commissioner Carollo, when you were a democrat when you were 18. That's a very democrat way of doing things, you know, throw money at the problem, right? But now that you're a republican -- Commissioner Carollo: I was only concerned -- I was only concerned -- Commissioner Diaz de la Portilla: -- now that you're a republican -- Commissioner Reyes: You will never hear the end of it. City of Miami Page 51 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Carollo: I didn't get involved in those deep thoughts. Commissioner Diaz de la Portilla: You will never hear the end of that comment for the course of the day, the fact that you saw the light, Commissioner Carollo. Commissioner Carollo: I'd always seen the light, Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: And Mr. Book has not yet seen the light, and to me that's shocking. Commissioner Carollo: Got to work on it. Commissioner Diaz de la Portilla: But I like the idea of us having a real conversation about, you know, what's a post-Pottinger, you know, consensus, right? We can find one. And that reporting, instead of continuing to throw money at problems, so Commissioner Carollo, in all seriousness, to your point, I agree with you. We keep on passing these items, more and more money, more and more money. It's not a statement of any organization, or it's not a bad thing, or a reflection on you guys, but we need to work together. If the problem is getting worse and not better, especially in the area that the Commissioner Hardemon -- Chairman Hardemon and I represent, because that's the impact that we see also in the Downtown Development Authority area -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- that Commissioner Reyes chairs. So, we're concerned about that. We want to know something that makes -- give us a plan of action that makes sense of how we can address it. Not just give us money, but hey, we'll give you a plan of action, then give us money. So, that's the only thing, how you incorporate that into the motion, if you don't, maybe it's a directive to the manager. But I agree with moving on, I think we 've talked enough about it, and you just need to come back and just try to find consensus. Commissioner Reyes: No, I agree with you, Commissioner. And I agree with you, and I think -- Commissioner Diaz de la Portilla: Thank you. Commissioner Reyes: -- and Senator -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Commissioner Reyes: Okay, Senator I agree with you. And I think that we have to move along, but I would like also to include in that conversation, you know, what are we going to do for the homeless in every single area, particularly downtown also. We have a big problem, and this is a City problem, and a plan of action, as you stated, Senator, it is required. Commissioner Carollo: The problem is, if you allocate all this money now and they get it, how do we take it back if there's a problem? Commissioner Reyes: Well, if -- Arthur Noriega (City Manager): Commissioner, it's paid out over 12 monthly installments. Commissioner Reyes: That's right. City of Miami Page 52 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Mr. Noriega: So, we can certainly allocate it and then defend it if we need to. Commissioner Diaz de la Portilla: Yeah, there was -- Commissioner Carollo: That's what I'm suggesting that we do. Mr. Noriega: It's allocated that way anyway. Commissioner Carollo: And they -- we get a report from them and all these people either on a monthly basis or a bimonthly basis. Chair Hardemon: So, I want to recognize -- Commissioner Carollo: There has to be some accountability and this is what I'm seeing in the City. There's no accountability in anything. Chair Hardemon: So, I want to recognize Mr. Book. Mr. Book: I'll be quick, Mr. Chair. I just want to add a couple quick things based on some comments that were made. First of all, we don't have a clue, Commissioners, what the eviction and foreclosure moratorium going away is going to mean. We have a plan. Vicky, Manny, myself our Finance Director have been working to get ready, rapid rehousing dollars and the like. We're ready, but we don't know how bad it's going to be. And we know this much from what little information we've been able to get from the Clerk of the Courts. You've got more eviction actions, more foreclosures in totality in your geographic boundaries than any other geographic boundary within the County to the best of what we've been able to learn. 1 am deeply concerned about it. You just need to know we're going to need every shelter bed and every unit of housing to be made available to us. And we're going to have to squeeze every nickel, dime, and penny. Our reserves are gone. Gone. I'm going to go back to Miami Beach in a couple of weeks and beg again for them to pass a reso on food and beverage tax expansion. We cannot -- the City of Miami, the Trust, the County, the other municipalities cannot do this without them. We just can't. On the issue, Commissioner Carollo, through the Chair, of bus tickets, airline tickets, $5,000, we don't give stipends to folks that leave. We are oftentimes sending people on a bus, on a plane, somewhere else, least expensive way. But we will not, Commissioner, send somebody where our team cannot assure there's somebody to catch them on the other end. We won't -- but we do the same thing, Commissioner, you're suggesting. We do it ongoing, but there's got to be a receiver to ship a homeless person to another community only to come back to us. We worked -- Commissioner, there was a -- Vicky, how old was the short woman behind -- old lady behind Macy's that had been there for years? How old was she? Remind me. 80, 78? Ms. Mallette: 78, I believe. Mr. Book: Commissioner; we worked her, it took us years. We finally reunited her with her family in California about a year and a half ago. We will do that. I just need help. And the last thing Fin going to say to each of you, if it's Friday night, if it's Saturday afternoon, it's Sunday and any one of you have a homeless person that wants to come in, you don't have to call anybody but me. You call me, my staff,' our outreach teams collectively will go get that person and get them into shelter or housing right then. We have elected officials all over this county that call me at 10 o'clock at night, call me at 4 o'clock in the afternoon on a Saturday or Sunday. There's somebody sleeping in a car in a church parking lot. Every one of you, there isn't one of you I don't believe that doesn't have nay cell number. I don't mind even putting it out there for everybody that's listening. It's 305-510-2000. You call me, you text me, we will get somebody picked up after hours. And I repeat, we have a City of Miami Page 53 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 placement right now for every single body that is sitting on your streets right now. Chair, thank you. Chair Hardemon: Senator. Commissioner Diaz de la Portilla: To understand, Mr. Chair, for clarity, to understand the Commissioner Russell's -- Vice Chair Russell's motion. So, he wants to include CA.1 and CA.2 and P1.1, correct? Is that it? No RE (Resolution), no PHs (Public Hearings), right? Vice Chair Russell: No, sir. It's the entire CA (Consent Agenda), PH, and RE agenda, plus PI.1. Commissioner Diaz de la Portilla: Oh, no, no. That's not going to happen. So, 1 want to take out RE.6. Chair Hardemon: Yeah, is there something you want to take out of it? Commissioner Diaz de la Portilla: Yes, sir. I want to take out RE.6. Chair Hardemon: Okay. Commissioner Diaz de la Portilla: If you don't mind, Chair and Vice Chair, and everything else I'm okay with. Chair Hardemon: Okay, so we're -- Commissioner Carollo: Okay, hold on. Let's go over this again. What are we voting on? We're voting the CA, the PH, what? Chair Hardemon: CA, PH, and the RE agenda, except RE.6. That one's coming out. Commissioner Carollo: RE agenda -- Chair Hardemon: Except RE.6. Commissioner Carollo: -- except RE.6. Let me see what RE.6 is. Chair Hardemon: That's the construction of a connected baywalk. Commissioner Carollo: Okay. Chair Hardemon: And while you're looking at that -- so the last thing I'll say about this issue, in Overtown, we have a proliferation of encampments that were going on on personal property. And what we did was we enacted an emergency ordinance that required people who had property that was undeveloped, where they were building these encampments deep into the property and engaging in sexual activity and drugs and things like that, we required them -- we required those property owners to have trespassing signs and also to have it enclosed. That was extremely successful in mediating -- or mitigating what was going on there. Now, I'm looking at we have this issue with these tents. And part of the issue that I have with the tents is that it diminishes the officer's ability to see what's going on in the tent. Commissioner Carollo: Absolutely. Chair Hardemon: And so my fear is always that something is going on inside these tents that is more nefarious than what's going on outside the tents. And outside the tents, I mean, you're talking about sexual activity in plain view. And so my question City of Miami Page 54 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 will he for the City Attorney, and then I'm sure that my colleagues will follow up on this in later sessions when I'm not here, but is that right now you can have -- I know that it's against -- well, let me be clear. Tents are either allowed or not allowed in public rights -of -way, parks, et cetera, things like that. And they must be allowed in some kind of way if these tents are being used the way they're being used by people who are pitching -- putting them up in our rights -of -way. So, my question becomes, for the way that they're being used, can we require, through City ordinance, for tents to be transparent and not to be blocked by separate -- if they are transparent, they're not to be covered so they render themselves not transparent? So that if there are tents available that people are using in the public rights -of -way, that at least officers have an opportunity to see where they are, what's happening inside of those tents. Ms. Mendez: We did a little bit of research on this when you first brought it to our attention about expectation of privacy inside of a tent and all that. So, we will do some more research with regard to this particular issue. We are also doing research to see if the tents can be, you know, put away in the daytime and just used for sleeping and for, you know, changing and those type of scenarios. So, those are things that we're looking into to address the tent situation. We're also looking at sizing of the tents because you know that there's the personal tents that are really small for one person and then there's some of the tents that you've been seeing in your area which are bigger, much bigger. And so those types of things are items that we're researching with regard to all this. Chair Hardemon: Okay, Senator? Commissioner Diaz de la Portilla: Yeah, just a very quick question going back to RE.6, because if Commissioner or Vice Chair Russell can just very quickly walk me through the reasoning behind it, I don 't mind including it in the agenda. I just want to make sure the river walk is also included in that. That's my concern. And so just give me like sort of an overall quick, succinct way of what we're trying to do here. Vice Chair Russell: Thank you, Senator. Through the Chair, it was an oversight on my part to not include the river walk. It was meant to be, and I apologize. It's definitely, meant to include all the baywalk and river walk, and really just to enable and direct the Manager to start finding every option, incentives, zoning, partnerships. A lot of it's on private land, some is on public land. Commissioner Diaz de la Portilla: Right. Vice Chair Russell: But to really draft a plan on how we get there. It's been in the code for 40 years. There's nine missing points on the baywalk so we're really close. But without taking a proactive step from the administration, I don 't think we're going to get finished. Now, there's private properties that we can incentivize in a way that they will move now. And it's not, you know, it's not stated within this legislation, but the Manager can work on that with legal and the industry. So, it's to bring back a plan in 90 days on how we're going to complete this baywalk, create a project timeline for it, and hopefully, assign someone within the administration that'll really be the point person on the issue. Commissioner Diaz de la Portilla: Okay, I'll withdraw my objection to RE.6, Chair. I will include it in the motion. I have no problem with that. Commissioner Reyes: Through the Chair. Commissioner Carollo: I'm still not finished with the CA agenda. Commissioner Reyes: Through the Chair, I want to make a comment on RE.6. City of Miami Page 55 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Commissioner Russell, I'm requesting that I'm also -- I'm going to vote for this and you know I co-sponsor it, but 1 want to request that we work together with downtown, the DDA (Downtown Development Authority), because in order to be consistent on, for example, on the sign -in, signage, be consistent and be uniform, you see, instead of having some type of signage or some type of construction on one side and not on the other. Let's be uniform in -- Vice Chair Russell: Absolutely. You're absolutely correct. So, if there's an amendment similar to PLI, where we're including the Omni with PI.1, I'd like to include the DDA -- in cooperation with the DDA, who has really led the effort on this and has the most information and research to date that we do a cooperative effort. Commissioner Reyes: And 1 know that you are very, very knowledgeable of that, what I'm talking about. Vice Chair Russell: Thank you. And thanks for (INAUDIBLE). Commissioner Carollo: Chair? Chair Hardemon: You're recognized, sir. I want to (INAUDIBLE), Mr. City Clerk (INAUDIBLE). Commissioner Carollo: Two points. One, on CA.1 and CA.2 with the Trust, the Manager said that he could pay monthly. So, I'd like to make an amendment that the payments would be paid on a monthly basis and that every two months we get a full reporting not just from them but from all the parties in the City of Miami government that have something to do with the homeless so that we could see if our money is being put to good use or not. Last but not least, Mr. Book made two statements that I'd like to address. One, thank you, Mr. Book, for confirming what I said when you spoke about that lady that you got her connected with her family in California. She's from California. That's where she should be, in California, not in Miami. The other point you talked about, foreclosures and people that are going to be left homeless, those people are not going to be a problem for us because they're not going to be in the streets. Those people are going to look for shelters. They're going to look for that kind of help. The problems that we have in the streets are quite different. They're from people, as I stated before, that are, for the most part, have been sent to us. They're people that want to stay in the streets. They have major drug addictions, alcohol addictions, both sometimes, mental problems that, yes, drugs will bring to you many times. So, you've got people with all those combinations that want to stay in the streets. The homeless, as we used to know it, people that are left without jobs, their homes are foreclosed or what have you, that's not what we have in the streets. So, I'd like to make sure that we have those amendments that, you know, would guarantee that the Trust gets their money, but that we're not giving it all at one tinge. So, if we have a problem and we want to deal with it in a different way, we have the option of undoing it. Lastly, you know, I keep hearing you guys calling Diaz de la Portilla "Senator. " Is there a reason why you 're calling him "Senator? " I want to hear it. Commissioner Diaz de la Portilla: It's a proper title (INAUDIBLE). Commissioner Carollo: Not from Diaz de la Portilla. No, no, no, no, no, no, from (INAUDIBLE). Commissioner Diaz de la Portilla: The proper title is (INAUDIBLE). Commissioner Carollo: No, no. City of Miami Page 56 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Chair Hardemon: Let me say this. Let me say this. Commissioner Diaz de la Portilla: Or Senator. 1 mean, you could (INAUDIBLE). Commissioner Carollo: Chairman, Chairman. Chair Hardemon: I'm always -- Commissioner Diaz de la Portilla: Chairman. Chair Hardemon: I'm always one question ahead, right? Commissioner Carollo: No, no. Chair Hardemon: So -- Commissioner Carollo: And then Russell started with the "Senator" too, so I'll ask Russell. Chair Hardemon: I'm always -- Commissioner Carollo: Is there a reason? Chair Hardemon: -- I'm always one question ahead, right? So, I'll say this. The only reason 1 don't refer to you as `Mayor" is because it would confuse the people. Commissioner Carollo: Well, you can use "Manager." You can use "Vice Mayor." There's -- I've had quite a few titles before. I'm just wondering. Mr. Book: (INAUDIBLE) consider, Mr. Chair -- (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Russell: Commissioner -- Commissioner Carollo: Am I being targeted? Mr. Book: (INAUDIBLE) be called (INAUDIBLE). Commissioner Carollo: Am I being targeted? Mr. Book: He prefers to be called Leader Diaz de la Portilla. Commissioner Reyes: Leader? Mr. Book: (INAUDIBLE) the majority leader. Commissioner Reyes: Majority leader. Mr. Book: (INAUDIBLE) higher title. Commissioner Diaz de la Portilla: Mr. Book knows it's always Leader Diaz de la Portilla. But Mayor Carollo -- Mr. Book: You only have a tunnel -- you only have a tunnel out of the Port of Miami because of him. Because of what he did together with David Rivera when Rivera was chair of (UNINTELLIGIBLE) and -- City of Miami Page 57 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Diaz de la Portilla: Why are we lumping me with him now? (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Carollo: Please, Mr. Book -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Commissioner Reyes: (UNINTELLIGIBLE). Mr. Book: Leader, Leader. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Mr. Book: Leader, do you remember bringing the Senate President down on Easter weekend to the Port of Miami? Commissioner Diaz de la Portilla: Do you remember that? Commissioner Carollo: Mr. Book, please, I'm going to give you a suggestion. From here on, please refrain from bringing up such unpleasant individuals when you come up here and speak to us. Mr. Book: Occasionally, you just recite history. Not endorsing, history. Commissioner Carollo: I'm not asking you to endorse it. Commissioner Diaz de la Portilla: Now, I think it's a good time to call the question, I think. Commissioner Reyes: That's right. Commissioner Carollo: I will take it one more step, you know. Commissioner Diaz de la Portilla: No, no, no (UNINTELLIGIBLE). Commissioner Carollo: Please do not bring up such repugnant individuals. Commissioner Reyes: Let's call the question. Chair Hardemon: I want to get clarification that -- Mr. Book: I retract the name. Chair Hardemon: I want to get a -- Vice Chair Russell.• You want to clarify the amendment? Commissioner Carollo: The amendment would be that -- Vice Chair Russell: No, I heard it. I just want to restate it if I'm catching it the same way. Commissioner Carollo: The City Manager will be paying the monies allocated on a monthly basis. So, he knows that he's got to pay it on a monthly basis. This way, when we get our bi-monthly report every two months, if there's any problems that we want to take action, the money hasn't all been given out in one lump sum. City of Miami Page 58 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Vice Chair Russell: Thank you. Can that report he written rather than coming to the dais in person so that we don't take a full day -- half day of each Commission meeting? Commissioner Carollo: I think we need people to come in. Maybe after we see real action happening, maybe, you know, then we could get reports. But at least in the beginning, we need people to come up and give us a report. Because if you don't hold anybody accountable, and few people are, then nothing happens. Commissioner Reyes: But they're not -- through the Chair, they're not mutual exclusive. I would like to have a written report so 1 can read so if anybody coming before the Commission -- Commissioner Carollo: Oh yeah, that too, of course. Yeah. Commissioner Reyes: And then we have -- I mean, I don 't want to be surprised. Commissioner Carollo: Yeah. Vice Chair Russell: Yes, and just to clam, any stoppage of the payment would require a new action. It's not a new action. Commissioner Carollo: That's correct. That's correct. Vice Chair Russell: The money will flow unless (UNINTELLIGIBLE). Commissioner Carollo: That is correct. Commissioner Reyes: Unless we take action. Vice Chair Russell: I really appreciate that. Yes, absolutely on the amendment and all the other amendments that have been submitted so far. Commissioner Carollo: Okay. Commissioner Reyes: Call the question. Chair Hardemon: Accepted by the seconder as well. Mr. Hannon, do you have any further clarification you need? Todd B. Hannon (City Clerk): Yes, Chair. Madam City Attorney, I just want to make sure, is this amendment fOr CA.1 and CA.2 or for CA.1 only? Commissioner Carollo: For both. They're both money. You have money involved on both of them. Vice Chair Russell: Right. And for the record, I was calling him "Senator" because he was about to vote for my item. Commissioner Diaz de la Portilla: Well, you have other items coming up, so be careful. Vice Chair Russell: Then I'll call you something else. Commissioner Carollo: Well, if he doesn't vote for your item, then what would you call him? Commissioner Reyes: Yes, I want to know. Now I wonder. City of Miami Page 59 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Diaz de la Portilla: That'll be offline, okay? I'll take it offline. Chair Hardemon: Mr. Hannon? Mr. Hannon: Chair, thank you, sir. Commissioner Russell, I know that we're amending RE.6 to include the DDA. Are we also amending RE.6 to include the river walk? Was that an amendment to RE.6? Vice Chair Russell: Yes. Commissioner Reyes: Yes. Mr. Hannon: Understood. Thank you. Chair Hardemon: Okay, seeing no further discussion on the items, all in favor of the items, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? That motion carries. Good job, gentlemen. City of Miami Page 60 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PH - PUBLIC HEARINGS PH.1 RESOLUTION 7856 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS GENERATED FROM FEBRUARY 1, 2020 TO JULY 31, 2020 IN THE AMOUNT OF $83,376.86 FOR ELIGIBLE HOUSING AND ECONOMIC DEVELOPMENT ACTIVITIES, 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, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0343 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item Number PH.1, please see "End of Consent Agenda." PH.2 RESOLUTION 7857 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIP ("HOME") PROGRAM FUNDS GENERATED FROM FEBRUARY 1, 2020 TO JULY 31, 2020 IN THE TOTAL AMOUNT OF $193,998.06 TO THE CATEGORIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING ANY AND ALL AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0344 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item Number PH.2, please see "End of Consent Agenda." City of Miami Page 61 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PH.3 RESOLUTION 7816 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING AND SUPPLEMENTING RESOLUTION NO. R-19-0111 ADOPTED BY THE CITY COMMISSION ON MARCH 14, 2019, WHICH AUTHORIZED THE CITY MANAGER, THE CITY ATTORNEY, AND BOND COUNSEL TO TAKE ANY AND ALL STEPS NECESSARY TO VALIDATE THE APPROVED AND EXPECTED FUTURE EXPENDITURES NOT TO EXCEED ONE HUNDRED MILLION DOLLARS ($100,000,000.00) OF THE AGGREGATE PRINCIPAL TOTAL AMOUNT OF THE AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT PORTION OF THE MIAMI FOREVER BONDS IN ORDER TO REFLECT THE CHANGES TO FOUR (4) OF THE PROGRAM TYPE STANDARD OPERATING PROCEDURES FOR THE AFFORDABLE HOMEOWNERSHIP STRATEGY, AFFORDABLE NEW CONSTRUCTION RENTAL STRATEGY, AFFORDABLE WORKFORCE NEW RENTAL STRATEGY, AND HOMEOWNERSHIP PRESERVATION STRATEGY, ALL AS SET FORTH IN COMPOSITE EXHIBIT "A," ATTACHED AN INCORPORATED. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.3, please see "Order of the Day." PH.4 RESOLUTION 7919 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "MIAMI DADE COLLEGE MED PARKING", 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; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AND 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-20-0345 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item Number PH.4, please see "End of Consent Agenda." City of Miami Page 62 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 END OF PUBLIC HEARINGS City, of Miami Page 63 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 RE.1 7734 Department of Fire - Rescue RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "FISCAL YEAR 2020 — DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY ('FEMA'), URBAN SEARCH & RESCUE ('USAR') COOPERATIVE AGREEMENT"; APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED $1,222,631.00 CONSISTING OF A GRANT FROM FEMA TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO PROVIDE ADMINISTRATIVE AND PROGRAM MANAGEMENT, TRAINING, SUPPORT, EQUIPMENT CACHE PROCUREMENT, MAINTENANCE, AND STORAGE FOR THE SOUTH FLORIDA USAR PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. ENACTMENT NUMBER: R-20-0346 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item Number RE.1, please see "End of Consent Agenda." City of Miami Page 64 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 RE.2 7987 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING GRANT FUNDS IN THE AMOUNT OF $1,104,350.00, WITH NO MATCHING FUNDS REQUIRED FROM THE CITY OF MIAMI ("CITY"), CONSISTING OF A GRANT AWARDED BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, TO THE CITY'S DEPARTMENT OF FIRE -RESCUE TO BE USED FOR THE TRAINING OF PERSONNEL IN SPECIALIZED RAPID INTERVENTION SURVIVAL TECHNIQUES FOR THE PERIOD BEGINNING SEPTEMBER 29, 2020 AND ENDING SEPTEMBER 28, 2021; FURTHER ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "FY-2019 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM" AND APPROPRIATING FUNDS FOR THE OPERATION OF THE SAME; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE, IMPLEMENTATION OF, AND COMPLIANCE WITH SAID GRANT AWARD. ENACTMENT NUMBER: R-20-0347 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item Number RE.2, please see "End of Consent Agenda." City of Miami Page 65 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 RE.3 7879 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RETROACTIVELY AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, TO ACCEPT FUNDS FROM THE SCHOOL BOARD OF MIAMI- DADE COUNTY, BY AND ON BEHALF OF THE MIAMI-DADE SCHOOLS POLICE DEPARTMENT, FOR THE PROVISION OF SCHOOL -BASED LAW ENFORCEMENT OFFICERS AT UP TO SIXTEEN (16) PUBLIC SCHOOLS LOCATED WITHIN THE CITY OF MIAMI'S ("CITY") JURISDICTION, IN THE AMOUNT OF $70,337.00 PER SCHOOL, FOR THE DURATION OF THE 2020-2021 SCHOOL YEAR, FOR A TOTAL OF UP TO $1,125,392.00, WITH NO MATCHING FUNDS REQUIRED FROM THE CITY; FURTHER AUTHORIZING THE ALLOCATION OF FUNDS TO THE POLICE GENERAL FUND ACCOUNT NUMBER 00001.190101.514001.0.0; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID FUNDS. ENACTMENT NUMBER: R-20-0348 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item Number RE.3, please see "End of Consent Agenda." RE.4 RESOLUTION 5757 MAY BE WITHDRAWN Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER, CITY ATTORNEY, AND INDEPENDENT AUDITOR TO TAKE ANY AND ALL ACTIONS NECESSARY REGARDING ANY IMPROPER OCCUPANCY OR USE OF ANY CITY OF MIAMI OWNED PREMISES BY UNAUTHORIZED BUSINESS ENTITIES INCLUDING BUT NOT LIMITED TO THE MELREESE GOLF COURSE LOCATED AT 1802 NORTHWEST 37 AVENUE, MIAMI, FLORIDA. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.4, please see "Order of the Day." City of Miami Page 66 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 RE.5 RESOLUTION 8005 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND IVAN TOLEDO AND ISIS FUENTE ("SELLER") FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 725 SOUTHWEST 63 COURT, MIAMI, FLORIDA ("PROPERTY") FOR A PURCHASE PRICE OF THREE HUNDRED EIGHTY THOUSAND DOLLARS ($380,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION; ALLOCATING FUNDS FROM A SOURCE TO BE DETERMINED IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED FIFTEEN THOUSAND DOLLARS ($415,000.00) TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. ENACTMENT NUMBER: R-20-0349 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item Number RE.5, please see "End of Consent Agenda." City of Miami Page 67 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 RE.6 RESOLUTION 8038 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO PLAN AND DEVELOP ANY NECESSARY IMPLEMENTATION TOOLS, POLICIES, FRAMEWORKS, AND REGULATIONS TO EXPEDITE AND FACILITATE THE CONSTRUCTION OF A CONNECTED BAYWALK FOR PRESENTATION TO THE CITY COMMISSION WITHIN NINETY (90) CALENDAR DAYS OF THE EFFECTIVE DATE OF THIS RESOLUTION FOR CONSIDERATION AND FURTHER ACTION BY THE CITY COMMISSION. ENACTMENT NUMBER: R-20-0350 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item Number RE.6, please see "Order of the Day" and "End of Consent Agenda." RE.7 RESOLUTION 8023 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DIRECTING THE CITY MANAGER TO DRAFT AND PRESENT FOR CONSIDERATION BY THE CITY COMMISSION AT THE NOVEMBER 19, 2020 CITY COMMISSION MEETING AN ORDINANCE ESTABLISHING THE LITTLE HAVANA PEDESTRIAN PRIORITY ZONE ("LHPPZ"), SETTING ITS BOUNDARIES, AND ESTABLISHING STANDARDS FOR PEDESTRIAN COMFORT AND SAFETY THEREIN. ENACTMENT NUMBER: R-20-0351 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item Number RE.7, please see "Public Comments for all Item(s)" and "End of Consent Agenda." END OF RESOLUTIONS City of Miami Page 68 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 7582 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 10, ARTICLE V OF THE CODE OF THE CITY OF MIAMI, Building FLORIDA, AS AMENDED, TITLED "BUILDINGS/CODE RELIEF PROGRAM"; MORE PARTICULARLY BY AMENDING SECTION 10- 70 TO EXTEND THE DEADLINE FOR THE CODE RELIEF PROGRAM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13933 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes Note for the Record: For additional minutes referencing Item Number SR.1, please see "Order of the Day." Commissioner Diaz de la Portilla: Mr. Chair, is it okay for me to move the second reading items or is any debate needed? Chair Hardemon: We have to read it into the record. Commissioner Diaz de la Portilla: Oh, okay. Chair Hardemon: Yeah. Commissioner Diaz de la Portilla: I'll make that motion before lunch time I guess. We can take a lunch break now. Can we just get rid of that too so we can --? Commissioner Carollo: Which item is that? Commissioner Diaz de la Portilla: Just the second reading items. Commissioner Reyes: The second reading items. There are only -- Commissioner Diaz de la Portilla: There's only four of them. Commissioner Reyes: -- two, three, four of them. Commissioner Diaz de la Portilla: SR.1, SR.2, 3, and 4. Commissioner Reyes: That's right. Commissioner Carollo: SR. 1, 2, 3, and 4. Commissioner Diaz de la Portilla: SR.2, SR.3 and 4. Commissioner Carollo: Okay. City of Miami Page 69 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Victoria Mendez (City Attorney): Do I read them into the record, Chairman? Commissioner Diaz de la Portilla: Yes. Chair Hardemon: I mean, that's not how the rules work, but if that's what you want to do. Commissioner Diaz de la Portilla: Yes. It's your last commission meeting. You can fix the rules. Chair Hardemon: No, I've got (INAUDIBLE). Commissioner Reyes: You have a lot of latitude -- Commissioner Diaz de la Portilla: You have latitude with the rules today, Chair. Commissioner Reyes: -- with the rules today. Chair Hardemon: Okay, (INAUDIBLE). Commissioner Diaz de la Portilla: Can we read them and then vote on it or we have to --? Commissioner Carollo: Yes. Okay, SR.1 through 4. Chair Hardemon: Right, so we can -- yeah. Commissioner Carollo: Second reading. Chair Hardemon: We can read them all for the record. It's just that we're supposed to take a lunch break after the item that we were discussing. However, you know, if -- it's up to the body. If you want to read the titles into the record, we can do that now. Commissioner Reyes: That's right. Just the title, and that's it. Chair Hardemon: Go ahead. Ms. Mendez: An ordinance of the Miami -- SR.1. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: SR.2. Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And SR.4. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: The Chair would entertain a motion to approve. City of Miami Page 70 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Todd B. Hannon (City Clerk): We already have a motion. It was moved by Commissioner Diaz de la Portilla, seconded by Commissioner Russell. Chair Hardemon: Okay, noted for the record. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. Alright, so let's go -- we'll he back for lunch break by 3 o 'clock. Commissioner Carollo: Fine. Commissioner Reyes: Fine. Chair Hardemon: All right, I'll see you soon. Commissioner Reyes: Fine with me. Commissioner Carollo: Thankyou. Thankyou. Commissioner Diaz de la Portilla: See you later, guys. Commissioner Reyes: Take care, man -- Senator. My friend, the senator. Commissioner Diaz de la Portilla: Yeah. City of Miami Page 71 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 SR.2 ORDINANCE Second Reading 7568 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE"; MORE PARTICULARLY BY AMENDING SECTION 18-72 OF THE CITY CODE, TITLED "APPLICATION AND EXCLUSIONS", SECTION 18-73 OF THE CITY CODE, TITLED "DEFINITIONS", SECTION 18-85 OF THE CITY CODE, TITLED "COMPETITIVE SEALED BIDDING", SECTION 18-86 OF THE CITY CODE, TITLED "COMPETITIVE NEGOTIATIONS/COMPETITIVE SEALED PROPOSALS", SECTION 18-118 OF THE CITY CODE, TITLED "PUBLIC -PRIVATE PARTNERSHIPS", AND SECTION 18-119 OF THE CITY CODE, TITLED "UNSOLICITED PROPOSALS", ALL TO MODIFY AND/OR ADD ELECTRONIC SUBMISSION AND RECEIPT OF BIDS AND PROPOSALS FOR FORMAL SOLICITATIONS, REMOVAL OF THE CURRENT NOTICE ADVERTISEMENT REQUIREMENT OF PUBLICATION OF EACH FORMAL SOLICITATION VIA MULTIPLE DIFFERENT NEWSPAPERS, AND UPDATING CURRENT LANGUAGE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13934 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item Number SR.2, please see "Order of the Day" and Item Number SR.1. City of Miami Page 72 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 SR.3 ORDINANCE Second Reading 8024 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/IN GENERAL," TO ESTABLISH A NEW SECTION 10-9 OF THE CITY CODE, TITLED "FAILURE TO ACQUIRE REQUIRED PERMIT(S); SECURING OF CONSTRUCTION SITES WHEN UNDER EMERGENCY WEATHER WARNING(S) OR WATCH(ES); ENVIRONMENTAL VIOLATIONS; STOP WORK ORDER; PENALTIES," PROVIDING THAT COMPLIANCE WITH THE CITY CODE, IN GENERAL, IS A REQUIREMENT OF ANY CITY OF MIAMI ("CITY") ISSUED BUILDING PERMIT; PROVIDING FOR THE REQUIREMENT OF ALL CONSTRUCTION SITES TO COMPLY WITH PRE -NATURAL DISASTER SITE SECURE MANDATES, STORMWATER POLLUTION DISCHARGE ELIMINATION, AND EROSION CONTROL; PROVIDING FOR ENFORCEMENT PURSUANT TO CHAPTER 2/ARTICLE X AND OTHER EXISTING SECTIONS OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13935 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item Number SR.3, please see "Order of the Day", "Public Comments for all Item(s) " and Item Number SR.1. SR.4 ORDINANCE Second Reading 8025 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT," TO PROVIDE FOR INCLUSION OF BUILDING VIOLATIONS AS A REASON FOR REVOCATION OF CERTIFICATES OF USE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13936 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item Number SR.4, please see "Public Comments for allltem(s)" and Item Number SR.1. City of Miami Page 73 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 END OF SECOND READING ORDINANCES City, of Miami Page 74 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 7838 Office of the City Attorney AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "POLICE/TOWING AND IMMOBILIZATION/BOOTING OF MOTOR VEHICLES", TO UPDATE REGULATIONS AND FEES CHARGED FOR TOWING AND IMMOBILIZATION OF MOTOR VEHICLES, ADDING ADDITIONAL REGULATIONS FOR THE DOCUMENTATION OF TOWS, AND UPDATING PENALTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Reyes ABSENT: Diaz de la Portilla, Carollo Chair Hardemon: Madam City Attorney, can you read into the record the first reading ordinances? Victoria Mendez (City Attorney): Thank you, Chairman. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: I believe that's all the first reading ordinances. Chair Hardemon: Okay. Is there a motion to approve FR.1 through FR.3? Vice Chair Russell: So moved. Chair Hardemon: Seconded by the Chair. Any discussion on the motion to approve FR.1 through FR.3? Seeing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. City of Miami Page 75 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 FR.2 ORDINANCE First Reading 7655 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS AND SIDEWALKS"; MORE PARTICULARLY, BY CREATING NEW SECTIONS 54-59 THROUGH 54-62 TO CREATE AN ENHANCED RIGHT-OF-WAY IMPROVEMENT TRUST FUND ("TRUST FUND"); FURTHER REQUIRING THOSE ADJACENT PROPERTY OWNERS REQUIRED TO CONSTRUCT OR RECONSTRUCT STREET IMPROVEMENTS IN CONNECTION WITH CERTAIN BUILDING PERMITS IN AREAS WITH ADOPTED STREET MASTER PLANS PAY INTO THE TRUST FUND IN ORDER TO CAPTURE COSTS FOR SUCH IMPROVEMENTS WHICH MAY INCLUDE NONSTANDARD STREETSCAPE IMPROVEMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Reyes ABSENT: Diaz de la Portilla, Carollo Note for the Record: For minutes referencing Item Number FR.2, please see "Public Comments for all Item(s) " and Item Number FR.1. City of Miami Page 76 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 FR.3 ORDINANCE First Reading 7988 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "SUBDIVISION REGULATIONS," BY AMENDING SECTION 55-10, TITLED "BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS," TO CREATE A NEW EXCEPTION TO PLATTING TO RECOGNIZE FORMER LOTS OF RECORD AND PROPERTIES WITH CERTAIN METES AND BOUNDS LEGAL DESCRIPTIONS FOR PROPERTIES WITHIN THE FORMER BECKER'S SUBDIVISION RECORDED IN BOOK 16, PAGE 43 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, THE PLAT OF WHICH WAS REVOKED BY THE CITY OF MIAMI SUBSEQUENT TO RECORDATION OF THE SAME; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR CERTAIN CONDITIONS RELATED TO IMPROVEMENT OF ADJACENT RIGHTS -OF -WAY IN CONNECTION WITH THE ISSUANCE OF BUILDING PERMITS IN CONNECTION WITH THIS EXCEPTION TO PLATTING; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Reyes ABSENT: Diaz de la Portilla, Carollo Note for the Record: For minutes referencing Item Number FR.3, please see Item Number FR.1. City of Miami Page 77 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 FR.4 ORDINANCE First Reading 8049 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 36 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "NOISE;" MORE PARTICULARLY, BY AMENDING SECTION 36-4, TITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS —GENERALLY; EXEMPTION", TO PROVIDE FOR THE PROHIBITION OF OUTDOOR MUSIC BETWEEN THE HOURS OF 8:00 P.M. AND 8:00 A.M. THE FOLLOWING DAY IN AREAS THAT SHARE A PROPERTY LINE WITH ANY PROPERTY THAT HAS A RESIDENTIAL USE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record: For additional minutes referencing Item Number FR.4, please see "Public Comments for allltem(s)" and Item Number FR.1. Chair Hardemon: I'm recognizing you, Commissioner Carollo, on Item FR.4. Vice Chair Carollo: FR.4. This is an item that I've been looking at for quite some time and then we had COVID that came so it didn't take priority. But this is a problem that we have citywide. We all know the problems that we've had in the northeast part of the county, with complaints that we've had from residents on restaurants that serve liquor too and have music. We've had numerous problems in Midtown, even Downtown. And you know, we're here to represent the residents of Miami. We try to find a balance when we can, but our main responsibility is for the protection of life and property and the peace of our residents. And it's not compatible to have properties that at night when people are trying to be home, be relaxed, they're getting music blasted into their homes. At the same time, let me add that this does not effect, because it can't, any establishment that has been grandfathered in by, or should I say this will grandfather in any establishment that has been given permits prior to this. I wish it could be different, but that's the way it has to be. So all establishments that have had permits will not be affected. It's going from here forward with new establishments. And this will go a tremendously long way in siding with the residents of Miami for their tranquility in their own homes because when you have properties that the front of those commercial establishments might be facing a thoroughfare, but the back of them face residential properties. It's not compatible to have that type of noise in the back. And the problem that I have is that I've seen not just with our noise ordinance but across the board with all enforcement in the City of Miami, it doesn't matter what we have in the books if there's no enforcement. No enforcement and I've seen it. People are out there, everybody that's in the enforcement field wants to work bankers hours, so particularly on Fridays, Saturdays, Sundays, and at nights, we have practically nobody out there enforcing. Police officers that are assigned to a lot of these establishments, once they're hired, they're working for the establishment. They're no longer working for the residents of Miami and the City of Miami. And we already know the stories on the cash payments that I hope have stopped, I hope have stopped. So by doing this, we're going to guarantee a tremendous peace and quiet to a lot of residents of our city, and improve the quality of life for our residents, which is City of Miami Page 78 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 our main responsibility in all of our neighborhoods. And this is citywide, not in my, district, not in a portion of my district or any other district. This is citywide. And it's because of all the complaints that you all receive, 1 receive, we read in the media, citywide. So this is what it's about. And these are the kind of quality of life ordinances that I've been bringing and will bring in the future. Chair Hardemon: Is there anyone else --? Vice Chair Carollo: I make a motion for its approval. Commissioner Reyes: 1 second it for discussion. Chair Hardemon: It's been properly moved and seconded. Discussion. Commissioner Reyes: Yes. Commissioner, 1 know what you're saying because I had that same problem on Coral Way with (UNINTELLIGIBLE), and that it was really affecting that quiet neighborhood there. But I want to know how this is going to affect, I would like between first and second reading, that would analyze it, analyze how, what would be the effect on new buildings -- I mean, on new businesses that are going to be established. If this is going to be detrimental to this type of business to come into the City of Miami. Maybe we could limit the hours of decibels, I don't know, but I think that we should be looking very deeply in this, I mean, jumping into this and see what's going to be the effect of it. Because obviously, it's going to (UNINTELLIGIBLE) effect. Vice Chair Carollo: The problem is, Commissioner, that, as 1 stated, we have no enforcement, nor have we had in the City. Commissioner Reyes: Yes. Vice Chair Carollo: You've seen it. And we're kidding ourselves that we're going to enforce anything. We -- you know, listen, we're not Miami Beach. We established back when I was mayor the area for major club and entertainment districts. Then Wvnwood, parts of it, have expanded. The areas that will be affected are residential areas. We're not saying that people can't have music inside establishments. And that's where they, you know, they need to bring it in. We're saying it's outside, you know, after a normal time where most families are going to be home 8 o'clock until 8 in the morning that no music outside for those who want to be. People can have gatherings in commercial areas, they could have dining, but no music. The musics have to be inside where the noise is kept inside. Look, in my district there have been new businesses, several of them, that have had to wait several years through all the permitting. They've gone through all the permitting, unlike others, and I don't particularly care for some of them but they're keeping the music inside. So, in that aspect, that's fine. You keep the music inside. The problem is once they bring it in the back of the establishments that it's going right into the residential areas right behind them and beyond sometimes. Look, our main responsibility is for our residents. Businesses are still going to come to Miami. We're not going to stop anybody from corning here, they're going to come here. But if they want to be good neighbors and be good businesses for the City, keep the music during the late hours inside the establishment. If you want to bring it outside, frankly, I don't want those businesses near residential areas. Let them go somewhere else that will accept that, and I don't think too many places really will. Commissioner Reyes: Commissioner, I have a concern with Downtown Miami also, you see, that it's a residential area. And there's a lot of businesses in Downtown Miami. City of Miami Page 79 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Vice Chair Carollo: That's -- Downtown is quite different in what we have. You got a lot of tall buildings. It's quite different. And the intention, you know, when we say residential in downtown, there's really nothing residential in downtown, you know, as we know it, as your district is, as mine, as Diaz de la Portilla, as most of the district that Hardemon has, as Coconut Grove here, in Commissioner Russell's district. You don 't have that in downtown. So if you want to try to come up with something that 's a little different to fit downtown, I'm certainly openn for that. Commissioner Reyes: Okay. Vice Chair Carollo: And you're not going to have what 1 think you understand that I'm describing -- Commissioner Reyes: Yes. Vice Chair Carollo: -- in downtown. Commissioner Reyes: I tell you, this has a lot of merit, because I have seen a lot of neighborhoods that have been affected by loud music coming from people that have a terrace and all of that, and open doors and all that. But 1 would like to have, between this reading and second reading, have a thorough analysis on how will this affect different neighborhoods, how this will affect downtown, how will it affect, for example, Commissioner --1 mean, Coconut Grove. Coconut Grove has -- it has a lot of establishments that they are entertainment and the Entertainment District in Wynwood, and in downtown, and also, I mean, try to, maybe we can be a little bit flexible with the hours, you see. And I would like to, I mean, the principle of the ordinance, I do agree with it 100 percent, you see. But I would like to have some sort of in-depth analysis how it is going to affect. I know in Commissioner Diaz de la Portilla district, there are a lot of establishments also that could be affected. And I would like to have that analysis. I mean, it doesn't take anything away from it, but it is, we can make it better. Vice Chair Carollo: Commissioner, you certainly have the right to analyze it all between first and second reading. Commissioner Reyes: That's right, and I would like to have every, one of the commissioners, you know, be able to analyze this and have some experts analyze on what would be the effect. Vice Chair Carollo: What I'm saying is that if people want to come into the City from now on. Again, this doesn't apply to anyone that has had permits in the past, if people want to come into our city from now on. Commissioner Reyes: Those people are grandfathered in. Vice Chair Carollo: We got to put our residents first (UNINTELLIGIBLE), not people that are going to make a few bucks, they're not even going to live here. And that our city is going to be used just so someone can fill their pocketbooks. And we're going to make the lives of our residents pure hell. And you know what? They don't have a voice. They don 't have a voice like I've seen since I got here. And you know why they don't have a voice? Because I've seen that if you've got enough money in this town, you can buy your way into practically anything. You could buy Code, you could buy Building, you could buy Planning. What happened in Commissioner Russell's district didn't happen by chance in those two buildings in Day. That happened because people were bought off in the city government. Corruption, yes, corruption is exactly what I'm saying. And some of the same people that did that have been doing the same thing in my district, in yours, and other areas. And it's been.far sale. And this is why the noise ordinance that we have is a joke. They don't get enforced. When there's a City of Miami Page 80 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 complaint, the dispatcher doesn't give it to an on -duty officer, they give it to whatever officer is working off -duty for the establishment. They shut it up so nothing ever happens and God forbid if they do anything is to tell like I've been told residents, hey they got a right to do whatever they want. Commissioner Reyes: No, no, no. Vice Chair Carollo: And then to try to get Code there, depending who do you have that's in charge, they might not let the Code people. They might tell certain Code individuals not to go there, like what's happening before in different parts of our city. So when you have a system that's been compromised, and we might not want to talk about it, but you know what? I'm going to talk about it because it hasn't come out in the open. When you have people that have been paid off to protect others, not our residents, then you have to make laws that they can 't get around. And that's the bottom line, Commissioner, and why this is coming. I'm trying to protect those people that came to me, that came to all of you in the northeast complaining about the noises, so many from Wvnwood, others in my district. This is citywide, Commissioner, citywide. Commissioner Reyes: I know that it's rampant. But as I said before, you see there are certain establishments, like for example, Magic City in my district, I mean, how this is going to be affected. Vice Chair Carollo: Magic City is not touching any residential area. This has got to touch. Commissioner Reyes: Well, the parking lot is touching. Vice Chair Carollo: Where are they touching? Commissioner Reyes: On the -- I said 3rd Street, or 2nd Street or 3rd Street. Vice Chair Carollo: Well, no, you're talking about -- Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Carollo: -- the outside parking lot, but they're certainly not planning on making concert halls over there in those parking lots. I mean, they're parking lots. That's why they have -- Commissioner Reyes: Yeah, that's right. They have concerts on the racetrack. Vice Chair Carollo: Yeah, yeah and that's not touching any residential area. Commissioner Reyes: Well, that's what I'd like to define, you see, define real well. Vice Chair Carollo: And that's fair. That's fair to define that. Commissioner Reyes: That I want to define that, and I want to do that if it passes between first and second reading. I am going to vote in favor, but between first -- Pin letting you know that between first and second reading, we have to really, I mean, fine tune this. Vice Chair Carollo: Well, sit down with the administration. Commissioner Reyes: Yes. Vice Chair Carollo: And, you know, go over the areas that you have concerns about. City of Miami Page 81 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Chair Hardemon: Commissioner Russell. Commissioner Russell: Thank you, Mr. Chairman. Commissioner Carollo, I get where you're going. I think that if you could boil our entire job down to one thing, it 's trying to balance resident quality of life and protecting and growing business. And this is the perfect, you know, moment of conflict in those decision -making. You know, I don 't want us to send a mixed message, especially around COVID when we 're trying to encourage outdoor dining and trying to help, you know, we 're trying to get rid of, what do you call it, curfews. You know, but I get it. Even the last -- the -- Ben Fernandez, who was here, when he was here two weeks ago, he was -- he had a client's application on Biscayne Boulevard in the MiMo (Miami Modern) District, and they had a rooftop entertainment planned and that abuts T3 and Morningside, all of Biscayne does, all of MiMo does. This would affect all of those businesses, restaurants, entertainment venues, bars along there. And they've tried to balance this similar war. Maybe it's similar to what's experienced on Calle Ocho, I don't know. But they have -- Vice Chair Carollo: It's very different. Commissioner Russell: It could be very different. They have a thoughtful approach in his proffer and they put all of the entertainment on the Biscayne Boulevard side of the property and he had buffers and walls and everything. So the only thing facing the residential side would be the air conditioning, you know, units and no people and things like that. But even this might affect them in the Grove. Vice Chair Carollo: It won't because what we're talking about here is only entertainment in backside of lots. They could have all the dining that our code would allow for the square footage but what we're talking about only in the backside the music stops at a reasonable time when people are usually home and want some relaxation in their home. Commissioner Russell: Is that what (UNINTELLIGIBLE) -- Vice Chair Carollo: That's what we're talking about. But we're not talking about the front that would, you know, be buffered by a building. We 're talking about the back where the buffer is going to be the neighbor next door. Commissioner Russell: Is that what it says in the legislation though? Because I'm -- that I, you know, I don't necessarily disagree with if that (UNINTELLIGIBLE) -- Vice Chair Carollo: Well, if that's not clear we'll make it clear. What this is trying to do is keep the entertainment, the music either inside the buildings where they should be or in the front side facing the commercial side if they have room there, most do not. Its rare when you're going to find it. Where if there's anything there, you have the whole building then, there's a buffer, so it won't go back into the neighbors. This talks about where you're getting locations that never had that, and all of a sudden, you're creating space that is right adjoining the back, it 's all residential across the city like we've seen, and you're putting places that are, you know, hitting music extremely loud. Commissioner Russell: I may be interpreting the legislation incorrectly then because I asked -- after my briefing I asked the Administration for a map. I said I want to see what this truly affects. And I have to assume -- Vice Chair Carollo: This is what they gave me. City of Miami Page 82 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Russell: So let me take a look for that because if I -- the way I read the legislation, it affects at least four or five restaurants in the Center Grove, a lot of parts of Wynwood, parts of MiMo District. And so 1 think it's worded maybe broadly and -- Vice Chair Carollo: Whatever it affects right now, if they have permits for the in - back, outdoor entertainment, that they'll be grandfathered in. We can't take away the permit we gave them before by changing the law now. This goes forward. If didn 't have permits you cannot then come and try to get them. Chair Hardemon: So -- Vice Chair Carollo: So if those restaurants you're mentioning have permits for whatever they're doing in the back it's not going to affect them. Commissioner Russell: Can I get a clarification maybe from -- from admin because I - - I -- I hear what you're saying and that sounds that sounds safe, but the businesses I've spoken with are very concerned and the way they're interpreting it, they're very concerned and I just want to make sure that that's what it says. Because if -- even if we're going to work on it, if we pass it on first reading and we're sending a message to all restaurants and bars throughout the city if it's -- iffit's the way I'm interpreting, and I could be incorrect, I think it sends a bad message if-- you know, we're trying to encourage the recovery of business. 1 don't want that headline. Vice Chair Carollo: Well -- Commissioner Russell: 1'd like to work on it. Vice Chair Carollo: I don't think it sends a bad message at all because we're not stopping anyone from serving food. On the contrary, you know, food, we'll help to expand it in any legal way that we can within our code. The problem is, we've got to decide as a body who 's going to come first, the big bar, big restaurant owners with the money, or residents, simple as that. I'm throwing my line with the residents, no matter what happens. I respect whatever opinions someone else may have. Chair Hardemon: Well, we had one of my -- one of the business owners within our community in Overtown area speak out about this particular ordinance. And, you know -- Vice Chair Carollo: I can't hear you, Chairman. You're breaking up. Chair Hardemon: Sorry. I said, one of my residents, and also a business owner of the Overtown area, came to speak out against it because, particularly the lot that he has, that was basically a vacant lot, that they're using the TUP (Temporary Use Permit) right now, to, you know, revitalize Overtown, to get people in that space. And they've been pretty successful at attracting people there in the evening times. And the entirety of their venue is outside. They -- as I understand, they rarely get any complaints about sound. And I know that, for instance, also in the, I'm just thinking about a particular building right now, the Paramount building that's just now in the World Center area, that area has a promenade that they spend millions of dollars with. And they want to continue on that promenade even further. It's a beautiful outdoor space, very mature, beautiful palm trees there with outdoor speakers and lighting. It's just a very beautiful scene. And when I look at this, this tells me that they would not be able to use it at nighttime. And I think one of the beautiful things that I'm seeing in Miami right now is the use of outdoor space in the evening with the string lights and things of that nature. I think about places like Paris and places I've been where in the evening they have beautiful music that's playing, Brazilian (UNINTELLIGIBLE) -- City of Miami Page 83 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Vice Chair Carollo: Yeah, but in civilized cities, Chairman, in civilized cities like Paris, they have people that enforce their laws. We're not civilized. We don't enforce our laws. We got a bunch of corrupt son -of -a -guns that pay off our employees so that the laws are not enforced. Chair Hardemon: So -- Vice Chair Carollo: And this has been happening. Every one of you know it that it's been happening. And Commissioner Russell, anytime there 's a stomach for it, I'll be happy, since nobody else is going to do anything about it, on those Day Avenue homes on top of each other, to use the chapter in our City Charter that the commission can investigate as a body with subpoena power. And I'll be happy to get that along and I guarantee you we're going to get to the bottom of it and overturn it once we get to the bottom of that. And then from there we could go on to some other places until we have employees that are honest, that are not going to take money for protection or to make decisions for the rich and powerful to get their way. Now you 're talking about the Paramount. Are they adjoining --? I mean, do they touch -- Chair Hardemon: Right. Vice Chair Carollo: -- residential property next door? I think you 're maybe getting it all wrong. Chair Hardemon: Well, first the building is mixed use so it's residents in the building and it's commercial at the bottom. And then that property has a almost what could be assumed to be maybe a paseo, but it opens up and then there'll be another residential building that shares that same sort of promenade space. But it 's all included in their property line. And so, and then I think about a number of different, of our main avenues, that that's where the concentration of our commercial spaces are. And for instance, in places we're trying to attract, the reestablishment of commercial buildings and -- Vice Chair Carollo: In places like this that have been approved already -- Unidentified Speaker: There's no problem. Vice Chair Carollo: -- I would think that they would be grandfathered in. But gentlemen, truly, is the only way that we're going to revitalize the City of Miami is going to be through bringing in more bars, taverns, titty bars -- Chair Hardemon: Hey, hey. Vice Chair Carollo: -- and big restaurants with all kinds of alcohol? Is this how we're going to make Miami great again? If it is, we're lost already, I'm telling you. Chair Hardemon: But one thing I will say is this, is that part of the reason I feel like part of my neighborhoods are not in the condition that they should be, is the lack of business, the lack of commercial spaces and people willing to have jobs, and for people to drive by and see that there 's commercial spaces. I think if we have more business and offer more jobs, then that allows those residents who live near -- Vice Chair Carollo: Then, where we should put money into is bringing those businesses that are going to not harm the quality of life of our residents. Bring those businesses to the City of Miami. All that I'm hearing is protect the alcohol barons. Chair Hardemon: But no, to me it's not all about alcohol. I'm just saying, because this is about noise. Noise and music outdoors is a -- this is a big issue. So all I'm saying to you, Commissioner, is that the way that it is written right now, I know I City of Miami Page 84 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 can't support it today. I'm not imploring anyone else to do anything different. I'm just saying that -- Vice Chair Carollo: 1 didn't think you would, Commissioner, so -- from your expressions in the past and I respect that. Chair Hardemon: Thank you, sir. Vice Chair Carollo: But I have to do what I feel I was elected to do, put my residents first. And when I say my residents, beginning with my district, but citywide. Chair Hardemon: Right, 1 understand. Vice Chair Carollo: Because I've gotten more complaints from people in your district and Wynwood and that whole area than even from mine. I've gotten complaints from that other part of your district in the northeast and we all remember that that whole restaurant, that whole brouhaha on the noise, not on the sign. Two different problems that we have there and the only way that it could be resolved is by a law that's clear, that's not dependent on someone coming in and trying to decide if the decibels are there or not or what or if you send a Code officer at night that, you know, they're almost impossible to find because they don 't work. And then when they get there, they, get intimidated because they've been yelled at or, you know, the people that come at them, you know, scare them. You know, I have my motion on first reading. You all could decide. Chair Hardemon: Correct. It's been properly moved and seconded. Is there any further discussion? If there's no further discussion, all in favor of the motion, say "aye. The Commission (Collectively): Aye. Chair Hardemon: All against? Note me as against for the record, please. Todd B. Hannon (City Clerk): For the record, I have that as 4-1. Is that correct, Chair? 3-2. Chair Hardemon: 3-2, okay. So the motion passes. Mr. Hannon: Commissioner Russell and Commissioner Hardemon voting no. Commissioner Reyes: Okay. Chair Hardemon: What we have left on our -- Vice Chair Carollo: I apologize. I was on mute. I was a no vote as well. Chair Hardemon: We had recorded it for the record. What we have for the -- left on the agenda is the discussion item. We have a curfew update, that's DI 1. And then we have a DL2, permit services during COVID-19. Commissioner Reyes: And for the record, Commissioner Carollo, I do understand what you're saying and I know we have that problem. And I would like -- it still stand, my first comment, that I would like to go over it and try to, I mean, refine it as much as we can and be as just as it could be. [Later...] Victoria Mendez (City Attorney): Mr. Chairman? City of Miami Page 85 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Chair Hardemon: Yes. Ms. Mendez: 1 just wanted to clarify, for second reading, Commissioner Carollo, is this coming back on November 19th? Vice Chair Carollo: That's the earliest you get it back, correct? Ms. Mendez: Yes. Vice Chair Carollo: November 19. Ms. Mendez: Thank you. END OF FIRST READING ORDINANCES City of Miami Page 86 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 BU.1 6745 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: BU.1. Commissioner Reyes: BU.1. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management and Budget. 1 will say, every October 1 get up and explain that October is kind of the hardest time of the year to project both the new year, as we're only 21 days in, and the past year. We've had a soft close, but we don't have a final hard close yet. So, this year is no different. In fact, it might be just a little harder to come to some numbers at the end of the year here. So, next month in November, we will have a number for you. We will bring it at that time, and we will bring the end of year budget amendment for your consideration. One future amendment that I want to bring before you and alert you to is that the feeding programs that we put in place in last year, we'll be carrying over into the new year and we're going to bring a budget amendment for that in the mid year in a couple of months. But just to let you all know, the new fiscal year has begun, the budgets have been loaded, departments are complying with the new budget and I think that 's everything I need to tell you all. Chair Hardemon: Any questions for our Budget director? Alright, seeing none -- Mr. Rose: Thank you. END OF BUDGET City of Miami Page 87 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 8037 Commissioners and Mayor DI.2 8047 City Manager's Office A DISCUSSION ITEM REGARDING AN UPDATE ON THE PROGRESSION OF RESOLUTION NUMBER R-20-0326 FROM THE OCTOBER 8, 2020 CITY COMMISSION MEETING. RESULT: DISCUSSED Chair Hardemon: Now, DLL Commissioner Reyes: DI.1. Chair Hardemon: If there weren't any objections to those requests (UNINTELLIGIBLE). DI.1, the curfew update. Are we having a discussion about curfew in the (UNINTELLIGIBLE)? You're recognised, Senator. Commissioner Diaz de la Portilla: Thank you, Mr. Chair. This is sort of, you know, we're going back and forth with the courts and our businesses are getting -- and business owners are getting very confused as to when they can remain open and when they should be closing. And it's really, really hurting our businesses. And we have to really begin to really concentrate on the economic health of our community and our business owners. And we have to send a very unified message, I think, not only our mayor, but our city commission, our leaders, of what's allowed and what's not allowed. DISCUSSION ITEM A DISCUSSION TO PRESENT TO THE CITY COMMISSION AN UPDATE ON THE CITY'S REALIZED EFFICIENCIES AS A RESULT OF THE IMPLEMENTATION OF THE ELECTRONIC PLANS REVIEW (EPLAN) PROGRAM. RESULT: DISCUSSED Chair Hardemon: The only thing that we have left is DL2, the permit services during COVID-I9. Is that something that someone in particular --? Vice Chair Carollo: No, we have DL3 also, don't we? Chair Hardemon: DI 3 was deferred. Vice Chair Carollo: D113 was deferred? Chair Hardemon: Yes. Vice Chair Carollo: Who deferred DI.3? Chair Hardemon: I believe the management. Vice Chair Carollo: Excuse me? Chair Hardemon: The manager's office, I believe. City of Miami Page 88 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Vice Chair Carollo: Okay. Well, 1 have no concern if the manager wants to defer it. 1 thought it was one of my items, but that's fine. We can defer it. I've got no problems. Arthur Noriega (City Manager): Yeah, I wanted -- I want to better socialize it, Commissioner, with a couple of the other commissioners who had questions. Vice Chair Carollo: Sure, that's fine. There's no problem with that. I got no problem with that, Mr. Manager. Take whatever time you need. Chair Hardemon: No one has any comment on D1.2? Mr. Noriega: We have a presentation. Chair Hardemon: Okay, how long is the presentation? Mr. Noriega: Not very long. Chair Hardemon: Is it Zerry Ihekwaba? Nzeribe Ihekwaba (Assistant City Manager/Chief of Infrastructure): No, actually, my colleagues will be coining up shortly. I just want to start by acknowledging the long- standing interest and guidance of the mayor, Mayor Suarez, in the development and deployment of electronic plans review. The process started way before when he was a commissioner. And we've already received several -- Chair Hardemon: You may have to speak up just a bit, because I'm having trouble hearing you. Mr. Ihekwaba: Can you hear me? Hello? Chair Hardemon: Go ahead, you can speak. We can hear you, but you're not (UNINTELLIGIBLE) well so (UNINTELLIGIBLE) bring the mike closer to you. Mr. Ihekwaba: Okay, let me hand over to my colleague, the building director, to kickstart the presentation. It's quite a short presentation, listing about the City's accomplishments, as well as the process that we've identified to facilitate the electronic plans review. Ace. Mr. Noriega: Ace, you're on now, you're muted. Asael Marrero (Director, Building): Good evening, Chair, Commissioners. We have a presentation. Can we project that presentation on the screen, please? Vice Chair Carollo: Presentation. Mr. Marrero: It's a quick presentation, Commissioners, probably no more than maybe 15-20 minutes. And I will get some assistance as well from Kemarr Brown, who is our Enterprise Technology and Assistant Director for Planning who was paramount in implementing ePlan for the City of Miami. Kemarr, are you on as well? Kemarr Brown: I am. Thank you, Ace. Good afternoon, Commissioners. So first and foremost, thank you very much for the 20 minutes to provide a brief overview of how we have moved the city forward by implementing ePlan over the last two years. So specifically, just to kind of put a mile marker, ePlan was implemented citywide December 5th, 2018, throughout the city. And we wanted to baseline our conversation this afternoon by reminding everyone several of the issues that we have heard well before 2018. And later on throughout the presentation, we will showcase how ePlan City of Miami Page 89 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 has helped to improve the permitting process citywide. So first and foremost, one of the common issues that we've heard is that the process itself is oftentimes cumbersome and unpredictable. We've also heard the need -- that for single-family new construction permits, we needed to reduce the time to issue those permits. We also heard that we needed to reduce the number of cycles for permits to be issued. So oftentimes, I think we all can agree that we've heard in one instance or the other that a person submits a permit and then in second or third cycles, they keep getting new comments. Fourth is the need to reduce the number of visits that an individual needs to come to the City to conduct business related to their permits. And we 've also heard over time that there were complaints of misplaced plans or projects. So we -- I will say that this project has started well before COVID. It was what 1 would consider really an intentional, introspective look at how our permit process was being performed. And ePlan was the catalyst to help us really improve our permitting processes citywide. I'm going to pass it over to Ace to really hone in on what the current state of permitting was with the building departments. And then we 're going to talk a little bit about how that has been transformed by ePlan. And of course, at any point, we welcome any questions that you may have. Mr. Marrero: Yes, next slide please. All right, so this slide really represents our state prior to electronic plans review. And it really speaks of a very linear plans review process. We used to have a plans room where plans will be routed from the plans rooms to the Building reviewer, and then from the Building reviewer back to the plans room, and from the plans room blacks -- back to Zoning and back to the plans room and back to Public Works and so on and so forth. And before you know it, on this very linear process, you had a permitting process that just to complete one review cycle would take over 100 days. This was very inefficient, but it definitely speaks to the days of processing plans in a paper format. One of the challenges that we wanted to do was to eliminate that and go into what is considered a concurrent plans review, meaning all disciplines, whether you have 3 or 20, could all review the plans simultaneously at the same time. Next slide, please. And this is where we took the city. We took the city from a plans processing stage to an electronic one. One that would, once we received the documents from the applicant, would automatically be routed to all disciplines for review, inclusive of Miami -Dade County, DERM (Department of Environmental Resources Management), Water and Sewer impact fees. This was a huge benefit to our applicants because we're amongst only eight cities in the county that take advantage of this particular program. It cuts back on the applicant's need to go to -- you know, to have to travel to Miami -Dade County to get this business done. We essentially decided that we needed to be a one -stop permitting center for our residents and house all the components that it needed for them to be able to obtain a building permit. I also want to say that we implemented over the past year what we label or we ident as an AC permit. And we have issued over 2,500 of those over the past 12 months. And these are permits that are issued within 10 minutes, literally, and are reserved for your trades type of work, electrical, mechanical, plumbing, easy work, less than $10, 000 worth of value. You know, we decided that these are work that we don't need to review plans, only receive an application, and then ultimately do an inspection on the field to be able to satisfy that particular permit. It has been a success for the City of Miami, and it's a program that we are continuously evaluating to see how we can perhaps increase the scope of work. Next slide. Ms. Brown: So, Commissioners, oftentimes we 've talked about ePlan and we wanted to take this opportunity to talk about what the ePlan ecosystem looks like. Today, we have three permitting systems that our customers from time to time will interface with. If you're looking to receive a building permit, you will submit an application in iBuild. If you're looking to do work on the right-of-way, you will submit an application through the iPW system. And then I'm really proud of the Department of Planning and Office of Zoning because as a result of ePlan, this is the first time both departments has the ability to intake projects in a digital manner. So the Planning and Office of Zoning departments also has a platform by which our applicants can submit City of Miami Page 90 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 applications. All of these portals connects to our digital plans review system, and there is a seamless integration that was aided directly by our Department of Innovation and Technology. We wanted to provide a brief summary before we get into the details on how exactly we are doing in the realm of timelines, as well as cycles of review. So ePlan, first and foremost, it's important to know that we are no longer conducting reviews sequentially. We have shift the business model to concurrent plans review. So that means if there are 20 required disciplines that must see a project, all 20 disciplines are able to participate in that review at the very same time. As a result of that concurrency, we have seen visible reduction in time for the issuance of permits. And that issue -- that reduction of time speaks to the building permit planning and zoning, as well as our right-of-way permit population. We have over -- during CO VID, we have managed to digitize our entire permitting population and process. So when we went live in December 5th of 2018, we had a population of projects that were considered legacy. As a result of COVID, we were able to digitize all paper plans, and we essentially are now a completely digital city as it pertains to digital plans review. With the ePlan platform, we are able to allow real-time transparency and status updates. So our applicants are able to log in at any time, so that 's 365 days, 24 hours a day to check their status, to see reviews, to see comments by any given department. As I mentioned previously, all our departments are now conducting business electronically, and as Ace alluded to, we are one of eight cities that participates in Miami -Dade County's Concurrent Plans Processing Program. Over the last year, so that's 2019 to today, the Building Department has issued over 40 permits. So that is master -- Mr. Marrero: 40,000. Ms. Brown: That is master -- Mr. Marrero: 40,000, not 40. Ms. Brown: 40,000 -- thank you, Ace -- 40,000 building permits, so that is inclusive of both master and sub permits. They've also conducted more than 120,000 inspections. When we did the initial rollout of ePlan, we had a team of I think about maybe five persons who were also, you know, staffed to the City of Miami, who hosted and facilitated more than 95 external trainings and public outreach meetings to ensure that our user base were oriented to what ePlan would introduce. We eliminated the need for walkthrough permits, and today we have the capacity to manage over 17,000 active users in our ePlan system. We also wanted to talk a little bit about, and we'll get into a little bit more detail about how we've enhanced our permitting systems to automatically flag City projects and affordable housing projects for expeditious processing. So we'll talk about that a little bit later. Mr. Marrero: All right, so this particular slide really talks about the success of ePlan. Because at the end of the day, we really want to have metrics that speak to how we were prior to ePlan versus how we are today. And this particular slide tells you the picture of a couple of years prior to ePlan, `17 to `18, two full calendar years versus after ePlan, 2018 to 2020. We were issuing building permits at a rate of about 52 percent prior to ePlan. And that increased by a 20 percent efficiency by having the ability to review plans concurrently and thus improving all of our processes. That was a huge -- the numbers clearly speak to a huge improvement in how fast we are able to turn around permits for applicants in our community. Next slide. This slide also talks about a very specific project that were concerns prior to ePlan about the average time that it would take to issue a building permit for a single family home. In fact, there was an article back in March 21st of 2017 making reference to 310 days to do so. After ePlan was implemented, this was one of those priorities that we took upon ourselves to really dive down into the detail and improve on those particular processes. We have gone down, I want to say, to about 59 days to issue such a permit, and progressively our goal has gone down. It started with 99 days, we 're down at 65, City of Miami Page 91 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 and we want to continue pushing the goals so that we can, you know, keep driving that number down as far as we possibly can. Next slide. Ms. Brown: As it pertains to the planning and zoning reviews, we are currently -- initially when we went live with ePlan, we were processing permits from pre-screen to issuance in about 91 days. We established a goal of 90 days, and this past year, we have -- we are currently at 84 days. If we round up, it's 85 days that we are processing from pre-screen to permit issuance. And as Ace indicated, we're continuously re-evaluating how we are conducting business to allow us to push the goal even further to allow -- to in turn have permits, in our case, entitlements issued in a much faster manner. For the Office of Zoning, we have the Office of Zoning similarly to the Planning Department, they had a goal initially of 90 days. In 2018 through December 2019, they were on the cusp of that 90-day mark. And as of this year, they have reduced their milestone even further to about 83 days to process, on average, to process their entitlements. And again, we are continually re-evaluating how we can cut time or cut steps rather that will in turn allow for time savings to our applicants. So anecdotally, one of those things that we are doing are implementing joint reviews between planning and zoning reviewers, right? So in turn, we expect that our numbers will continue to reduce overtime. As it pertains to our right-of-way permits, so that resides principally in the Resilience and Public Works Department, we also saw a reduction in time. They started with a goal of 90 days to issue the majority of their permits, and October of last year, they saw a time frame of about 71 days. This past year, they continue to reduce that timeline to about 67 days. So in large part, you'll see that the equation of being able to review concurrently and being able to interact with our customers a lot more frequently has directly contributed to our ability to reduce our time frame. Mr. Marrero: This particular slide speaks to the old wav of processing plans, you know, how long it took for a particular commercial project versus a residential to do a full cycle of review. I tell you, not only was that very inefficient, we were able to, as a result of COVID, take all of that -- Commissioner Diaz de la Portilla: Can we go back? I'm sorry, Mr. Chair, can we go back to the previous slide? Mr. ildarrero: Yes. Commissioner Diaz de la Portilla: Okay. So it takes -- it took 70 days to get a permit issued before, 70.88, whatever, now it takes 67? Mr. Marrero: This is for -- Ms. Brown: That is for our right-of-way permits section. Commissioner Diaz de la Portilla: I know. So it took -- Ms. Brown: Last year it took 70 days on average. Commissioner Diaz de la Portilla: Correct and now 67. Ms. Brown: That is correct. Commissioner Diaz de la Portilla: And you tout that as a major improvement? You tout that as a major improvement? Ms. Brown: I don't, it's not major for the specific item or permit. I think for us the improvement that we are referring to is in large part the ePlan programming, sir. City of Miami Page 92 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Diaz de la Portilla: So, if I may, Mr. Chair, through you. What do you see as the biggest improvement to the new e permitprocess? Mr. Marrero: 1 -- Commissioner, I see the biggest improvement -- from a building's perspective, the biggest improvement is concurrent plan review. In any particular commercial project you could have as little as three disciplines but as many as 20. So if you had to walk those set of plans through 20 disciplines, you know, adding the physical element of going to a plans room and picking those plans and going to a third floor or an eighth floor. So there was a lot of inefficiencies in doing that, right? So for Building, it has been a completely, a huge transformation in terms of efficiency. We are, and there's a slide, a couple of slides down that will tell you -- Commissioner Diaz de la Portilla: Okay. Mr. Marrero: -- the building review cycle concurrently, if those 20 disciplines, if one is doing it in two days and another one is doing it in five days, if the worst discipline is doing it in 10 days, well, that is your entire cycle, 10 days, because your worst offender is your worst timeline, and that's the one we need to always try to bring down -- Commissioner Diaz de la Portilla: Right Mr. Marrero: -- so that at the overall scheme of things, your entire review cycle goes down, right? But so, for us, that has been a huge improvement. We have seen -- I know at the very beginning of this project, we worked with some large projects that would typically take, you know, six to nine months to get a building permit issued. And we were able to cut that down tremendously. So from the Building's perspective, that has been the biggest efficiency, to be able to review plans concurrently. Now, the second thing that I want to point out in terms of huge improvements from ePlan is the ability to go back and issue the review to the same reviewer that did the original comments. Commissioner Reyes: That is it. That is huge. Mr. Marrero: This was a huge problem in plan. In plan -- Commissioner Diaz de la Portilla: That is huge, correct. Commissioner Reyes: That is huge. And that was -- excuse me, Mr. Marrero, through the Chair. That was one of the biggest complaint that, and you know also Senator, that's one of the biggest complaint that we have that they have comments from a reviewer and then when they return the comments corrected, then a different reviewer will look at the plans and add additional comments or would disregard the first comments and then incorporate their own comments. And that was, I mean, this is short cycle. It was going on and on and on. And that really, I mean, it took a long time to be resolved. Mr. Marrero: That was a nightmare. Commissioner Reyes: It was a nightmare. I'm glad to hear that now you're doing that. Mr. Marrero: We have essentially closed that loop. We are now able to always go back to the same reviewer. You have continuity of -- Commissioner Reyes: Absolutely. City of Miami Page 93 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Mr. Marrero: -- because you have continuity of knowledge. You know, you don't have to review the plans all over again from scratch. The minute those plans come hack to you, you remember. I reviewed it a couple of weeks ago, 1 knew exactly what the issues are, 1 know exactly what to look for, I'm done. Commissioner Diaz de la Portilla: Or you have a file that tells you this is what I did, this is what I did, so you go through it, right? You go through the list of what you asked for initially and what they gave you at the end, right? Mr. Marrero: Yeah, so from Building's perspective, those are two -- I mean, if we take away two items as huge improvements JroBuilding, those would be the two major ones. Concurrent plans review and going back to the very same -- Commissioner Reyes: Absolutely. Mr. Marrero: -- reviewer. Now, we also gain real estate because we don't have to store plans anymore, you know. So we gained a lot of room which we're able to repurpose internally here on the fourth floor. So next slide. And this, Commissioner, speak directly to what we were talking about, concurrent pian review. So we have disciplines that are reviewing in two days. We have disciplines that are reviewing in six days. You know, we have other ones that are reviewing, perhaps because of staffing, in 12 days. But that is your worst cycle. Everybody else has already reviewed. And the minute those reviews are done, they're available to the applicant. So we also have the ability to automate (UNINTELLIGIBLE) the process, they get an email, right. Your plumbing has completed your review. So they go and they can see what kind of feedback they're getting from those different disciplines. They can start amending their -- and making those revisions ready so when the last review comes in, hopefully all of the changes are already done and they can resubmit back to the City. Commissioner Diaz de la Portilla: And how do you set the goals? I mean, how do you come up with those numbers, your goal numbers? Mr. Marrero: These numbers are specifically driven -- Commissioner Diaz de la Portilla: Through the Chair, I apologize, through the Chair. Mr. Marrero: This particular goals are driven by the data of how much work we have, and a combination of the data and how much work we have. And I got to tell you, also we want to push our staff really hard. We want to have -- sometimes we want to give ourselves goals that, you know, we may not be able to reach, but we really want to give ourselves some really tough goals so that, you know, if we don't get there, at least we tried to improve our efficiencies. Now in Building -- Commissioner Diaz de la Portilla: On Fire -- now Fire and Zoning -- Mr. Marrero: I don't like the five anymore. I want to go down to three. Commissioner Diaz de la Portilla: Right, so Fire and Zoning, ten days, right? Mr. Marrero: Yes. Unidentified Speaker: Why? Commissioner Diaz de la Portilla: Yeah. Mr. Marrero: I would love for fire and zoning to answer those particular questions, but i -- City of Miami Page 94 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Diaz de la Portilla: Of course. (UNINTELLIGIBLE) Commissioner Reyes, I'm sure all of us would like to (UNINTELLIGIBLE). Because as they negotiate their contracts, you know, 1'd like to know why (UNINTELLIGIBLE) fire 10 days, right? Mr. Marrero: Historically speaking, Commissioner, those were the days that they had when we went into ePlan. Those were the goals that were identified based on the staffing levels that they had and the volume of work that was corning in. And those were the goals that were established back in 2018. We are -- one of the things that we want to do, now that we have two years of solid data and metrics, we want to start changing some of those and make them even more realistic and in line with the data that we're going back. So we gave -- for example, Building, we gave ourselves a goal of five days. We have been exceeding that, so we want to give ourselves even less time going forward, right? Commissioner Diaz de la Portilla: Yeah, but with Fire, with Fire, you're moving in the wrong direction. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Right? Commissioner Reyes: Absolutely. Ms. Brown: So, so, Commissioner, ifl can add, I know that. Commissioner Reyes: Ql, Q2, seven days. (UNINTELLIGIBLE), okay. Mr. Marrero: Yeah. Commissioner Reyes: You were right, Commissioner. I mean, Senator. Mr. Marrero: But I think it important to know that still is a concurrent review. So yes, while there might be slightly above, that is still a concurrent review. Commissioner Diaz de la Portilla: Okay. Mr. Marrero: Next slide. Commissioner Diaz de la Portilla: I think Ms. Brown was going to make a comment. Ms. Brown: Yes, I was. So as Ace alluded to, Fire, the goal of 10 days was expressed at the point of ePlan. Fire actually just brought on. I believe, three additional staff members. So we do anticipate that that timeframe will go down, because now, based on the volume and staffing, we are now able -- they will be hopefully now able to reduce their time to review. So that is a line that we will continue to track and hopefully he able to report in the coming months on. Commissioner Diaz de la Portilla: So we're hiring new people? I heard it was the opposite. Commissioner Reyes: No, no, no. I think that they are taking people off the trucks and they're going to use there for something. Commissioner Diaz de la Portilla: So they added three new staffers now. I don't -- okay. Okay. City of Miami Page 95 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Ms. Brown: Okay. Regarding -- Ace, do you want to go through this or I can actually. For our entitlement population, this is planning and zoning. The goals, so well, let me step hack. Entitlements are our warrants, waivers, exceptions, variances, rezones, comp plan amendments. The established goal, initially when we started in 2018 was 30 days. We chopped that by 50 percent to push the team even further and now we are in QI. We 're at 13 days Pr a land development team and the -- I believe you'll notice that the longest period over the past three quarters has been 15 days. So again, that is an indication that the teams, whether it 's the building permits or the entitlements, are managing or maintaining their goals. And for us, it's now time to reassess those goals, reduce them further, and then keep trying to see how we can get our numbers to be even better. Commissioner Diaz de la Portilla: But this is a significant improvement, 1 think. Ms. Brown: It is. Commissioner Diaz de la Portilla: Yeah. Eloy Garcia (Deputy Fire Chief): Excuse me, Kemarr. I'm in if the commissioners have a question. Ms. Brown: Ah, perfect. Thank you, Eloy. Mr. Garcia: Commissioners, good evening. Deputy Fire Chief Eloy Garcia, Chief of Administration. I apologize, I was not able to get in quicker. Ms. Brown: Okay. Mr. Garcia: Yes, Commissioner, you have a question for Fire? Commissioner Reyes: Yes, sir. Yes, sir. Mr. Garcia: Yes. Commissioner Reyes: And from what I heard, you are include -- I mean, you are adding three new positions for the -- for fire inspections, right? Mr. Garcia: No, sir, actually we were approved for one position. Commissioner Reyes: One position only? Mr. Garcia: One position, yes, sir. Fire Protection Engineer, which will basically be more allocated to high-rise -- high-rise inspections. We wanted to upgrade our credentials and our personnel in that area very specific to the infrastructures of these massive ultra high-rises that we're receiving. Commissioner Reyes: Question, all your inspectors have to be uniformed personnel? Mr. Garcia: Actually, sir, we have inspectors that are uniform personnel, and we have inspectors -- we actually have one that is non, just like this fire protection engineer will be a civilian also. Commissioner Reyes: So -- and I mean, clarify. In order to be able to, I mean, perform a fire inspection, be in a -- one of the skyscrapers or into the -- these -- you know, in a single-family home or a business, it doesn't necessarily have to be a uniform and a regular firefighter. It could be performed by a person that it is an expert or it is a regular inspector. Could it be? City of Miami Page 96 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Mr. Garcia: Well, first of all, we don't inspect single-family hones nor do -- Commissioner Reyes: No, no, 1 mean, I'm talking about businesses, businesses. 1 mean, there is a -- and also, 1 mean, I have a lot of complaints that officers, that they have even (UNINTELLIGIBLE) and they haven 't been able to move all the people there because the fire inspection have taken so long, you see. And I want to know if it is jrolack of personnel, because you don't have enough personnel and you have too much work, or it is because those inspectors, they'd have to be fire personnel. I mean, they have to be uniformed personnel. And I'm just thinking about possible solutions. And it also could be no uniformed personnel that could be hired in order to perform those fire inspections. Mr. Garcia: Well, I think when we were talking about the plans review, it's important to note that Fire -- that not only has to inspect the fire component, but they also have to inspect a building component. And I'll give you an example. For example, a fire alarm has an electrical component to it. So we have to review the fire alarm, and then we have to review the electrical component. Commissioner Reyes: That doesn't answer my question, sir. That doesn 't -- Mr. Garcia: I'm sorry? Commissioner Reyes: -- answer my question. That doesn 't answer my question. A person that knows about fire alarm, a person that knows about buildings, a person that knows about many of the things that are the other components, that is going to inspect it, and doesn't have to be, or is going to review a plan, doesn't necessarily have to be a firefighter. That's my question. Mr. Garcia: Yes. Commissioner Reyes: People other than firefighter will be able to perform all those inspections. That is my question. Yes or no? Mr. Garcia: Yes, that's -- you're absolutely right. And that's why -- Commissioner Reyes: That's it. That was my question only. Mr. Garcia: We have two civilians. We have a civilian fire plans reviewer and we have a fire protection engineer that is in the process of being -- Commissioner Reyes: And how many uniform reviewers you have and how many uniform inspectors you have? Mr. Garcia: We have three plans reviewers that are uniform and one supervisor. Commissioner Reyes: And one supervisor. Mr. Garcia: Yes, sir. Commissioner Reyes: Okay, and those are also the ones that inspect all of the -- Mr. Garcia: No, sir. Then there's a -- we have a fire engineering section, which is divided into a water supply, plans review, and new construction. The plans review is somewhere in the vicinity of 7,000 plans a year, and new construction, over 22,000. Commissioner Reyes: Oh, fantastic. That's a good load. But all of those reviewers, or the majority of those plans reviewed are performed by these four plan reviewers, including the supervisor? City of Miami Page 97 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Mr. Garcia: Yes, sir. Yes, sir. Commissioner Reyes: Okay. And in total, you only have three plans reviewers that are all uniformed? Mr. Garcia: Yes. Commissioner Reyes: And one supervisor that is uniformed? Mr. Garcia: Yes, sir. Commissioner Reyes: Okay. But you don't have to be a uniform, 1 mean, you don't have to be a firefighter to be able to perform all those plans review. Mr. Garcia: No, but we -- but it's a -- Commissioner Reyes: But you prefer it. I understand, Eloy. I understand, Mr. Garcia. Mr. Garcia: Yes, sir. Commissioner Reyes: You prefer that -- Mr. Garcia: No, no, but I was going to -- Commissioner Reyes: -- but I know why I'm asking this. And I just wanted to know. okay? Mr. Garcia: Yes, sir. Commissioner Reyes: Thank you, sir. Unidentified Speaker: Thank you. Mr. Garcia: It's important to note that these are doing exercises such as when we have hurricanes, they also have a different role in which they become part of our strike teams, teams that go out and monitor situations when that happens. Commissioner Reyes: Can the non -firefighters, don't they -- cannot they do that? Or cannot they go out and review and analyze and be able to assess any, I mean, we have a hurricane or something like that. Mr. Garcia: No, I'm saying in alarms', they'll go and relieve trucks when a wire is down, when a power line is down and our fire engine goes out and they secure the scene. Until FP&L (Florida Power & Light) arrives, you cannot leave that scene to maintain the integrity and security of that scene. So what we then dispatch are strike team, life safety teams that go out and -- Commissioner Reyes: Okay, wait, wait, wait, wait, wait, wait. We 're talking about here (UNINTELLIGIBLE) the difference. Please educate me. We have plans reviewers, and then you're talking to me about firefighters going when a power line is down. Any trained firefighter could go and do that. Mr. Garcia: Yes. Commissioner Reyes: And then, I'rn specifically, specifically talking about plan reviews, okay? And you gave me the answer, sir. Okay, thank you, Eloy. City of Miami Page 98 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Mr. Garcia: Yes, sir, thank you. Ms. Grown: Regarding the average number of review cycles for a plan to he approved. So again, this is a -- the goal today is three cycles is for the Building, Planning, Zoning, our Resilience and Public Works and Fire -Rescue Division. And you will see that in 2018 and 2019, the numbers are relatively consistent. We actually have been discussing internally how to get to a place that a project, in and out, first round of reviews, a person is able to get their permits issued. Primarily' those smaller permits that, you know, may not be easy permits, but they may not be a large-scale development, how can we continue to analyze the process to make it easier and minimize the questions for applicants to in turn reduce the number of cycles? One of the things that we are also doing, why we have been able to keep the numbers in large part to below three, an average of three cycles is on the first or second round of comments, if we find that there is a barrier, a communication barrier, all departments are currently meeting with design professionals as well as applicants to review those comments and ensure that there's a -- there's clarity in what is being requested, that hopefully in the subsequent cycle, all the items are addressed, that we can move the project forward. So that is -- it is not systematic, but it is a procedural step that has really been a point of improvement on how we communicate with our customers. And then to talk a little bit about what we are doing in the way of affbrdability. In earlier this year, so July 16th, all of our permitting systems that I -- we talked about earlier have been enhanced that at the onset of the project, an applicant has the ability to tell us that the projects are affordable. And in (INAUDIBLE) -- Mr. Marrero: 1 think we're losing Kemarr. So what she was alluding to is that our system has been enhanced so that the applicants are able to check in the intake process and identify if a project is a affordable housing project or a City project. And as a result of them able to do so, the project can be expedited and set as a high priority in our review processing, which would essentially put them on top of the line so that they get priority in the review process. And I believe she's also controlling the slides. So if she froze, I'm not so sure how we're going to be able to go to the next slide. But -- Commissioner Reyes: How many more slides do we have? Mr. Marrero: No, we don't have that many more. And you know, Commissioner, one of the things that I want to point out as an additional huge improvement to ePlan, we men -- I alluded first to a couple of them in terms of the concurrent plans review. I mentioned the ability to always go back to the same reviewer. And I want to add one more, transparency. This is key because you no longer have that web ofplans and that dark room where plans were stored and you really had no idea where your documents were heading. With ePlan, you know to the second, who is handling your plans, what is the state of your application, and what do you need to get approved from the Building Department. So that level of transparency has been key in making sure that our customers know precisely where their projects are at. And with that, I would like to also point out that the Building Department is working closely with all of the permitting, all of the other permitting departments to always and continuously enhance ePlan. And as a matter of fact, it continues to be an active project. We have well over 200 system enhancements in place to always and continuously improve our permitting system. And ultimately, we really want to have a permitting environment that is the envy of everyone here in not only Miami -Dade County, but the state of Florida. We want to be the best. Commissioner Reyes: I really hope so. And I mean, that was the intent of the investment that City of Miami did in all the computers and all of that. I think there's still room for improvement. I can give you some horror stories, but this is not the time and place. But there are a lot of horror stories that comes to me, people that have been over a year. And even when this plan was implemented, particularly in City of Miami Page 99 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 downtown Miami, and they haven't been able to open restaurants and all of that, and those people, you know, because one thing that 1 want you guys to understand, you see, there is two components of taking so long for the, 1 mean, a business to receive any restaurant, or even a construction, even a development, to -- 1 mean, it takes so much time to be able to start working, to start the construction or to start the business. You see, I bet you that ?five cost out and if we make a projection of all the money that the City of Miami had not received due to the fact that we had a permitting process that was so inefficient it would be in the billions of dollars. And I'm going to tell you why, because the more that -- the longer that it takes for a building to be completed and get a CO (Certificate of Occupancy), I mean, that is money, that it doesn't come, tax money that doesn 't come into the city coffers, tax money that will pay your salary and the salary of everybody that is there. And then tax money that could be used to provide better services. And 1 want you to understand that behooves everybody that is in Building and in Planning and all of that, that we should expedite this building, I mean, permitting process because the faster that we get all those development and all those business in our tax rolls, the more revenues that we 're going to get in order to have better roads and provide better services and maybe we'll be able to lower taxes. Chair Hardemon: Thank you so very much for the presentation, Mr. Marrero, Ms. Brown. We appreciate all the information that you gave us. Ms. Brown: Thank you for (UNINTELLIGIBLE). Vice Chair Carollo: (UNINTELLIGIBLE). DI.3 DISCUSSION ITEM 8048 Department of Planning A DISCUSSION ITEM REGARDING THE SOUTHWEST STREET TREE MASTER PLAN UPDATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item DL3 was continued to the November 19, 2020, City Commission Meeting. Note for the Record: For minutes referencing Item Number DL3, please see "Order of the Day." END OF DISCUSSION ITEMS City of Miami Page 100 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 BC.1 7361 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ART IN PUBLIC PLACES BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Christina Cuervo Commissioner Manolo Reyes ENACTMENT NUMBER: R-20-0353 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Reyes ABSENT: Diaz de la Portilla, Carollo Chair Hardemon: Madam City Attorney, are there any --? Well, let's see. Let's move on to the Boards and Committees. Commissioner Reyes: Boards and Committees. Todd B. Hannon (City Clerk): Good afternoon, Chair. BC.1, Art in Public Places. Commissioner Reyes will be reappointing Christina Cuervo. Commissioner Reyes: Move it. Chair Hardemon: Seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. City of Miami Page 101 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 BC.2 7966 Office of the City Clerk 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: Jane Gilbert Commissioner Ken Russell ENACTMENT NUMBER: R-20-0354 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Reyes ABSENT: Diaz de la Portilla, Carollo Todd B. Hannon (City Clerk): BC.2, Planning, Zoning, and Appeals Board Commissioner Russell will be appointing Jane Gilbert. And Commissioner Reyes, I'm sorry, I'm going to have to hold off on Charles Garavaglia until we have all five Commissioners on the dais, but we can move forward with Jane Gilbert, Commissioner Russell's appointment to the Planning, Zoning, and Appeals Board. Commissioner Reyes: I move it. Vice Chair Russell: Second. Chair Hardemon: Moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? Motion carries. Vice Chair Russell: Thank you. [Later...] Chair Hardemon: Mr. Hannon, you're recognized. Todd B. Hannon (City Clerk): Chair, and if you don't -- if I could ask for your indulgence. If we could go back to BC.2 now that we have five commissioners. I would like to proffer on behalf of Commissioner Reyes, Charles Garavaglia, a reappointment with a 5-5 term waiver. Commissioner Reyes: Move it. Vice Chair Carollo: Second. Chair Hardemon: Properly moved and seconded. All in favor, say "aye." The Commission (Collectively): City of Miami Page 102 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Chair Hardemon: All against? That motion carries. Thank you very much for reminding us. Commissioner Reyes: Thank you. END OF BOARDS AND COMMITTEES City of Miami Page 103 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PZ.1 6798 Commissioners and Mayor - PZ PART B: PZ - PLANNING AND ZONING ITEM(S) ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM"; AND ARTICLE 3, SECTION 3.14, TITLED "WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO MODIFY THE AREA MEDIAN INCOME FOR WORKFORCE HOUSING IN THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13937 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Madam City Attorney, are there any ordinances on the Planning and Zoning -- on the Planning and Zoning list? Victoria Mendez (City Attorney): Yes, yes, Chairman. Do you want me to start reading those? Chair Hardemon: The ordinances into the record, please, yes. Ms. Mendez: PZ. 1 -- first of all, were any of the PZs (Planning and Zoning) reset? I didn't write that down. Chair Hardemon: Yes, PZ.4 and PZ.5. Ms. Mendez: Okay, thank you. PZ.1. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Move it. Chair Hardemon: We were just reading it into the record, but we can take the most right now if you like. Commissioner Reyes: Oh, I thought that we going to -- Chair Hardemon: Yeah, we're going to read them into the record so that we don 't have to, you know -- Commissioner Reyes: We don't have to go back. But what would happen when the rest of the Commissioners come in and they would like to read it or what? We have to do it again or --? City of Miami Page 104 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Chair Hardemon: No, we would think they we would (INAUDIBLE). But, like I said, you can move an individual item if you'd like. I mean, that's fine as well. Commissioner Reyes: Well., I would like to move this one right now. Chair Hardemon: Okay, is there a second? Is there a second on PZ.1 ? I'll second for discussion. Vice Chair Russell: Mr. Chairman? Chair Hardemon: Yes, you're recognized. Vice Chair Russell: Yes, this is where Commissioner Reyes and I have differed in opinion before. I completely understand and empathize with what he's trying to accomplish by lowering the AMI (Area Median Income) and really trying to serve those who need affordability the most. I'm a little concerned if we start changing the formulation, it'll affect how we scale not only the programs we're offering, but how those programs are matched with other funding sources, and I do believe that the higher end of workforce is part of the spectrum that helps self subsidize the rest of the spectrum on the developer's dime rather than ours, so I don't want to lose that higher end of workforce categorized in the AMI. I'm with you about trying to focus more on the lower end of AMI and targeting more projects toward the lower end of the AMI and incentivizing that, but 1 don't think we should eliminate 120 and 140 from our AMI definitions. So, that's why I'm (INAUDIBLE) -- Commissioner Reyes: This is only, Commissioner, to those where we are offering benefits. And if we are offering benefits in the form of additional density or additional floors and all of that, the 140 AMI -- and you have to understand that -- that that is not what we need and we are not serving the -- what the definition of affordability is. Affordability in the City of Miami, I mean, it doesn't fit the definition of 140, which is for people that are making -- person, one individual, making over 40k -- $80,000, and that increases as the number of individuals that are living in the house, not the ones that are working, the people that are living in the house. If I have -- I mean, I am a single mother, okay, or a single parent, and I have a son or a daughter, or both, I have two of them, then the owner of that apartment could ask me for a rent based on a hundred and some thousand dollars. That could be very detrimental to me, you see. And if we want to do is serve the people we are offering incentives in order to serve the people that we represent, you see, instead of being what we are doing now, which is subsidizing people that does not live in Flagami, people that does not live in Allapattah, people that does not live in Liberty City, people that don't live in Little Havana. What we are subsidizing is the rent for those people that live probably in Broward that they want to move into the City of Miami. And we are subsidizing those people with incentives that we are an additional burden that we are creating to the neighbors in the area. Because if we increase density, let's say by 40 percent, and there are 200 more apartments in that area, those people that are paying for our bonds and those people that are living within the area, they are going to be more crowded, we're going to need more services, and we are not complying with the definition of affordabie housing. Because the definition of affordable housing is up to 80 percent, you see. Workforce housing a term that has been created in order to eliminate what it is, low income and affordable housing. And most of the cities around the United States, they are using the maximum, it is from 60 to 120. None of them are using 140. That is something that I don't know why you are so much in love with it, because if you believe -- if you believe that a person, that it is, I mean, that it is made to pay $2,000 a month, that is affordable for people that you represent, I mean, probably in your district, yes, but not in my district and not in the other districts, $2,000 a month, it is rent burden I would say to over 80 percent or 85 percent of the people in the City of Miami. Salaries in the City of Miami -- you know what is the City of Miami Page 105 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 average salary in the City of Miami, sir? Do you know? Answer me, answer me. You know how many people are --1 mean, how many salaries -- if you go to ZipRecruiter and you look at all the distribution of salaries in the City of Miami, and you're going to see that over 90 percent are below -- and I have it right here -- over 90 percent, 90 percent are below $75,000, you see, $75,000. And those are the people -- you see, we are offering -- we are offering incentives in all bond -- I mean, with our bond money to people to subsidize, and we are subsidizing people from a bond that was placed on the ballot that read affordable housing. And we are subsidizing apartments that they are not affordable to the people that we sold that idea to. You see, that is of my only concern. 120 is too high and 140 is too high, sir. I mean, it is. And if you 're not, I will make this --1 mean, 1 will get it to you, so you can see that -- that any person -- it is not that they cannot pay it. You see, a single parent that is making 55,000, a single parent that is a teacher and has a kid cannot live in one of those apartments, and that's workforce. Because that person, it's going to be rent burden. You see, by making, if you're making $55,000, you shouldn't be charged more than $16,000 a month, over $1,000, over $1,000 some dollars a month. You see, and that is my concern, that if we are going to represent -- I mean, we are representing a population that it is hurting and needs affordable housing. And we are promoting those developments by giving them incentives, which is, I mean, I give a, let's say, for example, somebody comes to Flagami and they want to, in a piece of land, they want to go from six story to ten story. And in exchange, I'm going to get what is called workforce housing at 140. That is not right, sir. That is not what this program is all about. The program is to get affordable housing. And if you go to a --1 mean, if you have your plan and you want to develop your land, you can charge whatever you want. You don't want to, but in my opinion, I don't know, 1 don't think, my opinion, I don't think that our population, based in the range of salaries that I have here, range of salaries that 1 have here, the percentage of people that are below, below $80, 000, you see, below $80,000 of salaries, the percentage that are below a thousand dollars, that it is not what I think that is affordable, sir. You see, even I would say that (Comments in Spanish not translated) 72,000 -- I mean, 72 percent of the salaries in the City of Miami is below $70,000. If you get a couple, a couple, that I say 10 percent, it makes between 39 and 49. You know how much a graduate from FIU (Florida International University) is the entrance, let's say a person with a degree in business, and go to ZipRecruiter. And a person in F -- that works, I mean that got a bachelor from FIU, and then goes into the job market, most of the time, in business administration, most of the times it's around $33,000. Let's say that that person marries another girl, a girl that is making, it conies out, goes to teach, you see? And that person marries a teacher, and that teacher, now our governor is raising the salary, but that's making $42,000, still $75,000. You see what I mean? I mean, it is not fair that we spend the money that we give incentives for developers, or whoever it is, to charge rents that they are not in agreement and they are not in line with the rent, the average rent that our people in Miami, the people that are paying for those bonds, the people that voted, for those bonds on their title and believing that they were doing it for affordable housing, that they cannot afford, sir, you see. I mean, that is not what we voted for, you see. That's -- I mean, that's what people -- that's not what people voted. I'm not saying not do it. I'm saying let's be honest with ourselves and with the people that elected us and the people that we represent. How can I -- how can I go to a area in Auburndale, which is next to your area, Commissioner Diaz de la Portilla, areas in Flagami, and the northern part of Flagami, and ask them, you say, hey, listen, I'm building some housing I have here, and it's going to be workforce, you see? You can tell your child or that he doesn't have to move to Tampa, they can live there, you see, because it's going to be workforce, and we're going to charge you. He's going to have to pay $2,000 a month, you see, because they can. I mean, I don't blame the developers. The more that you give them, the more that they're going to do, they're going to take it, you see. And we can have this discussion, and we can keep on discussing it, and I would like to have a full commission before that, because I think every one of you have your ideas about it, but I want you before, until we get a full commission, and we'll keep on talking, to do some soul searching City of Miami Page 106 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 and think about it. Think about it. I know that some people, I mean, you want to develop, you need money and all that. They're not going to stop developing, because you, instead of paying $2,000, charging $2,000, they charge $1,700, $1,800 a month. You see? They're going to take -- they're going to take the benefits that we give them. They're going to take because that's what they do. And if you give them a benefit that they can charge $4,000, they go charge it. And now, the market might not bear that, you see. The market cannot, wouldn 't bear that. But what I want to do is at least have a stop at a place, I mean at a rent that is affordable to most of, I mean to certain part of the population, you see, which is not going to be affordable. It's going to be affordable for, I mean, 70, 89 percent, 89,000 people that make 80, I mean from 79 to $80,000, and up is going to be around 6, 7 percent of the population that will not be rent burdened, you see? And that is my concern. I mean, it is not -- 1 don't have anything against, I want to develop as much as you want. I want to have development as much as you want. 1 want to place those empty lots into the tax roll. But if we are providing assistance, and we are providing benefits, which should be, which should get something back that really, that serve the people that we represent? I don 't know, in your district, many people could be able to pay three, $4,000, but not in my district. Not in Little Havana, not in Liberty City, not in Overtown, not in Allapattah. You see what I mean? The majority of the people in the City of Miami won't be able to pay that. Chair Hardemon: So may I engage a little bit, Commissioner Reyes? I -- you make a compelling argument. Certainly providing more standard housing for the people that already live in the City of Miami is an important thing to do. That's a large part of for instance, the mission that we've been engaging in the CRA (Community Redevelopment Agency), right? Commissioner Reyes: Yes. Chair Hardemon: I remember, I always go back to when I came back to Miami, and as a single male, I could not live. When I looked around at all these different new apartment buildings that were built in the community I was raised in, I quickly learned that I could not live in these spaces because of the restrictions of affordable housing. And so, what they forced me to do was to live -- I moved to Aventura. And of course, I paid a greater percentage of my income to live in Aventura, which is a completely different neighborhood. It was well worth the experience, but it was a completely different neighborhood that I wanted to live in initially. And so in many ways, a lot of young people are facing that same dilemma. So, you know, your children, your children's children, they go to school, get an education, and they want -- and if they choose to come back to Miami, because many of them don't, they have to find somewhere to live. And many people feel comfortable coming back to the space, at least in close vicinity to where they grew up. And if they've come back with a college education, where they've earned a decent wage, as a single person, they're primarily priced out. Now, if they have a family -- and you -- I mean, you hit the nail on the head. If they have a family, they could do increasingly better. But still, even $100, 000 for a family, a family of two, a family of three, it 's not a lot of money and we know that to be true. Because if you earn $100,000, you know, you're only going to probably bring home maybe $75,000 of it. And out of the $75,000 that you 're bringing home, when you start to add in the cost of education, the cost of transportation, cost of the housing, cost of jbod, and health care, and things of that nature, you don't really have a lot left to live on. So I mean, the window, and we know that people are making $25, 000 in our community, $35, 000 in our community. But at least those individuals that are in that range get lots of other assistance, right? They get -- sometimes they get food assistance programs. They get Medicare programs. They get programs that kind of -- that bring them on par with what those who are in the low middle class are making, but don 't get any assistance with. And so I know, like for instance, in my neighborhoods I want to raise the standard of living, for those who are extremely low income, low income, but at the same time I also want to attract people City of Miami Page 107 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 to our communities and back to our communities who are at area median income and above it. Now that becomes part of this major discussion 1 'm having with you is that if I were able to attract a family back to (INAUDIBLE) -- Commissioner Reyes: Could I interrupt for a minute? Because before that, you see, we are not talking about the rent that all the people could pay. We are talking about that section that's part of the apartments that they are proffered by us providing assistance or additional density of money. You see, you can have 20 units, I'm talking about the 20 units that have been -- that are proffered. I'm not talking about the rest of the building. If somebody comes and they build in Liberty City or they live in any place, and we provide them with assistance, you see, which exceeds the 100 AMl, what we are -- I mean, they can charge for, and we allow them to charge as much as they want for 140, okay, you see, that section, that part of the apartments that they are proffering to us in exchange for the assistance, 1'rn saying that's the ones that 1 want to limit. Not the rest of the apartments, the rest of the apartments, it is theirs. But what the only thing that I'm saving is, if we are going to assist, I mean, that we are going to give incentives in the form of money or in the form of additional apartments, that those apartments, that they are promised to us, they be limited to people that really need it. (UNINTELLIGIBLE) -- Chair Hardemon: So what you're saying is -- Commissioner Reyes: The rest is fine. Chair Hardemon: What you're telling me is that the apartment building will still allow up to 140 percent? Commissioner Reyes: Or more. Chair Hardemon: But, but, you're saying that if they want proposed bonus height in FLR (Floor Lot Ratio), that additional bonus space -- Commissioner Reyes: That's right. Chair Hardemon: Then that part of it should be limited to 100 percent of --? Commissioner Reyes: No, no, no, no, no. Chair Hardemon: No? Commissioner Reyes: You see, the way that we work here, and I have seen, is that I said, okay, I am going to get a bonus of 200 more apartments. Of those 200 apartments, I'm going to keep 40 apartments that they are going to be low income. And then what traditionally what they have done is that they are -- it's what is called the public benefit they offer us, the public benefit. The public benefit, let's say there are 20 apartments, traditionally what they do is say, okay, those 20 apartments, we are going to give 10 apartments that is going to be at 60 AMI, and five apartments that is going to be at 80. And the rest is going to be workforce, and the other five, that is going to be 140. What I'm saying is that those five that they are going to offer as public benefits shouldn't go to 140, because that's not -- that's more than, I mean, in many cases, that is more than market rate. I'm not saying, now, the other 160 apartment that we gave them, and it is not the public benefit, part of the public benefit apartments, they can charge whatever they want. Chair Hardemon: So, let me interrupt for one second. Madam City Attorney, so the way that I'm seeing it, when he's describing the public benefits program, so basically you're reducing the public benefits program, the additional proposed bonus height City of Miami Page 108 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 and FLR that we're allowed to give, you're reducing that to limit it or cap it at 100 percent ofAM1 instead of 140. Commissioner Reyes: No, no. Chair Hardemon: Ijust want to get clarification from you. Commissioner Reyes: No, I'm saying, I'm saying, the apartments, not the apartments that we are, the benefit that we are offering the person in the, I mean, as additional units or additional density, which translates into units. Every time that we do that, the developer comes and said, out of those 100 apartments that you allow us to build, we are going to provide and we're offering, we are proffering, you see, X amount, let's say 20. 1 used 20, 20 apartments that they are going to be affordable. And then they do a division. I mean, they divide them in different percentage of AMI. You see, fit is, but I mean, let's say that we give them 100 more apartments, right? 1 mean, because we want their incentive to (UNINTELLIGIBLE) -- Chair Hardemon: Right, but that's what I'm saying. That's the additional bonus part. Commissioner Reyes: That's the additional but -- but the part of the bonus that they proffer as affordable, it is the one. That part of the bonus, I mean, the one that they proffer. Chair Hardemon: Yeah, the benefit that they're giving. Commissioner Reyes: The benefit that they're giving us, not what they're getting, you see? Chair Hardemon: You're saying the cash equivalent benefit is what you're saying? Commissioner Reyes: Well, I'm saying that it could be a cash equivalent or what they always say, we are going -- Chair Hardemon: Or what they -- Commissioner Reyes: We are -- we are proffering 20 apartments -- Chair Hardemon: Right. Commissioner Reyes: -- as affordable in exchange for this ben -- I mean, this additional -- Commissioner Carollo: (UNINTELLIGIBLE). Chair Hardemon: Right. Commissioner Reyes: -- bonus that you're getting. Chair Hardemon: Right, right. Commissioner Reyes: We are proffering 20 apartments. Those 20 apartments are the ones that I want to really -- Chair Hardemon: Right. Commissioner Reyes: (UNINTELLIGIBLE) -- City of Miami Page 109 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Chair Hardemon: Right, so I think -- Commissioner Reyes: (UNINTELLIGIBLE), not the rest. The rest is not. Chair Hardemon: Right, understood. That's your (UNINTELLIGIBLE). We're saying the same thing just in different ways. Commissioner Reyes: That's right, that's right. The other 80 apartments, I mean, they could charge as much as they (UNINTELLIGIBLE). Chair Hardemon: Charge what they like, right. Commissioner Reyes: That's right. But the ones that they have named or they have classified as affordable, that is the ones that they are proffering us, you see, that those should be really affordable. Chair Hardemon: Madam City Attorney, we 're saying the same thing, right? Ms. Mendez: I think the one that can explain it the best is Francisco Garcia, because he deals with it most. So I will defer to him. Chair Hardemon: Did you have an opportunity to hear our discussion, Mr. Garcia? Francisco Garcia (Director, Planning): I did, of course. Good afternoon, Mr. Chair and Commissioners. 1 believe that in essence both Commissioners Reyes and Chairman Hardemon are saying essentially the same thing. If you want to ask any more detailed questions, I'm certainly happy to answer. Chair Hardemon: Okay, now the only thing that I'm worried about is something that the Vice Chairman brought up from what you 've described. The definition section, where you define now affordable housing and workforce housing shall mean, and then it basically, says that it does not -- it cannot exceed 100 percent of AMI. That part to me goes beyond the scope of what we described in the bonus conversation. Because I can understand what Commissioner Reyes is saying. He's saying, look, okay, we're going to give bonus FLR, if we're going to give additional height, which in essence gives them more units, then of those new units, I want to limit the amount that they -- I want to limit the area median income that they'll be able to use or limit the percentage of dollars the AME -- AMI, right? (UNINTELLIGIBLE) to 100. Commissioner Reyes: Mr. Chair, it's not of those units, you see. Francisco, the way that it works is like this, correct me if I'm wrong. If a developer comes in and he wants additional units, I mean, as an incentive that we provide them with 100 units, okay? We are providing them with 100 additional units. What they do is out of that 100 additional units, they will proffer an amount of units that it will be for affordable housing, right? Mr. Garcia: I'll wait for you to finish your statement. Commissioner Reyes: I can't hear you, Francisco. Mr. Garcia: I said I would let you finish your statement to complete your statement. Commissioner Reyes: Okay. Mr. Garcia: And there are a couple of nuances that I want to clam. City of Miami Page 110 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Reyes: Okay. Of those, and every time they proffer, is it true, yes or no, that they; every time that we do that, that they proffer an amount of units for affordable house, right? That is going to he affordable. Mr. Garcia: The difficulty, Commissioner Reyes, is that there are various programs, and you're addressing one correctly, but there are others that function differently. Commissioner Reyes: But what I'm saying, what I'm saying, of the ones that we are offering, I mean, you can make that distinction that the ones that they offered as public benefit. They titled it public benefit. And either I was hearing wrong every time that they come before us, you see. It is that they have a group of apartment, a number of apartments that in exchange for us permitting them to have additional units and build higher or build more density, they will give us a public benefit. And a public benefit will be a set number of apartments that they declare them for affordable housing, that they are affordable. And the only thing that I'm saying is that affordability is being measured based on the percentage ofAMI. And affordability, is based on the percentage rent that everybody can be paid -- can pay, that shouldn't be more than 30 percent of their salary. Now, if we are, and what I'm saying is, if the person that it is offering as public benefit, 20 apartments, you see, out of the 200 that we allow them to build, those 20 apartments will be limited to affordable, real affordable housing, including the definition of workforce that have been forced into this public benefit. And instead, and they claim that they can charge 140 percent of AMI for this apartments that they are, for some of these apartments that are public benefit. What I'm saving is that we are not, those apartments that they are, 1 mean, they have been labeled as public benefits, those 20 apartments cannot be offered, I mean, the rent of those apartments cannot go higher than 100 percent of AMI. And that is only those apartments. The rest of the apartments, it is market rate, whatever they can, what the market will bear. And that's the only thing that I'm saying. We are given benefits. They are proffering a number of -- a set number of apartments to us. From that set number of apartments to us, they have to be affordable. I'm not saying that the whole building have to go affordable, that every single appointment that we, I mean, allow them to build will go into affordable. Just those that they are giving us, I mean, in exchange, I will say, and they're offering or proffering, what you want to say, as public benefits. You see? I mean, that's the only thing that I'm saying. I mean, they would either do that, or they can do, Francisco, correct me if I'm wrong. I mean, if we decide we get a contribution, a cash contribution or whatever, but if we are getting apartments that they are labeled as affordable, they have to be below 140. And Francisco, also, you did a beautiful analysis of all the apartments that they 've been proffered to us, okay, proffered to us as affordable housing, as affordable apartments. In exchange for the increase of density of number of apartments, the majority were rented at 140 of AMI. Am I wrong or right, sir? Mr. Garcia: No, you are correct. And when you say that, you are addressing specifically the Attainable Housing Ordinance, which is again, one of the three programs that there are. With your permission, what I'd like to do if it serves your purposes, is to describe very quickly what the three programs are, and maybe we can sort of be a little more surgical in terms of how we approach this. Commissioner Reyes: Okay, sir. Ms. Gouin: Thank you. So there are essentially three programs in the City of Miami, and I'll describe them at high level, and I'm happy to answer additional questions. There is the Attainable Housing Program. There are the Workforce and Attainable Housing Public Benefit Bonuses that you were, I think, alluding to as well. And there is the Inclusionary Zoning Ordinance as well. I'll describe them in that order. In the Attainable Housing Ordinance, there is basically a density incentive, not a development capacityincentive, same square footage, same massing, but a density incentive. And the density incentive is provided such that, as you correctly stated City of Miami Page 111 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Reyes, if all of the units that are going to he built, both the by right and the additional units are kept presently at 140 percent AMI, which we call presently workforce. if that is the case and 20 percent of those units of the entire building, including the density units, the additional density units are kept 10 percent at extremely low income and 10 percent at affordable, affordable being measured at 60 percent and extremely low-income being measured at 30 percent, then that project will be certified for attainable housing and will be able to double its density. So again, by reducing -- this amendment proposes that reducing the AMI cap from 140, in this case, to 100 percent AMI, all of the units would have to be at most, at 100 percent AMI, and then 20 percent would be at the lower levels, 10 at 60 percent and 10 at 30 percent. So that's as pertains to the Attainable Housing Program. This ordinance, and 1'11 be very quick about the other two because they 're frankly, well, just very quickly. In terms of the Public Benefits Program, that one is really not affected very much because the cap there is already at 80 percent AMI. The only difference there is that if the units are provided on site, then the bonus is three times the FLR that would be dedicated to the affordable units. And if it is off site, then it's the same amount of FLR that is dedicated to the off -site units. And lastly, this would also have an effect, this proposed amendment is to the inclusionary zoning ordinance, which presently has the limit at 140 percent AMI, and that would reduce it now to 100 percent AMI for those units that are required, which is 10 percent of the units to be dedicated as part of the inclusionary zone. I'm happy to answer any questions. Commissioner Reyes: Do you -- I mean, do you agree that most of those units that are 140 percent AMI, that they are beyond the reach of people that live in the City of Miami? Mr. Garcia: They are certainly above market rate in approximately 85 percent of the City of Miami, yes. Commissioner Reyes: Okay, that's my only -- thank you, Francisco. And that's what I'm saving. Now, in the attainable units, that it is kept at 100 percent AMI, that it's the one that will be more, I mean, I don 't know, you see, AMI has gone up to 59 percent, I mean, $59,000. Now, $59,000. If you get 100 percent of $50, 000, 59, 60, it is going to be (Comments made in Spanish not translated). It's going to be close to $90,000, $92, 000. Chair Hardemon: You count in Spanish. Commissioner Reyes: Yes, sir, I do because, you know, that was, I mean, you go back to how you learn, you see. And if you learn to count with your fingers, it 's going to be very difficult to do it. But back in Cuba, you have to know your tables back and forth, and you have to stand in front of the teacher and recite them back and forth, recite them. And so it is ingrained in you, so that's why I'm able to multiply and add, because I know my tables, you see. Chair Hardemon: Now, is that before or after communism? Commissioner Reyes: That was before communism and after communism. Chair Hardemon: Better education. Commissioner Reyes: That's (UNINTELLIGIBLE) better education, yes, but more complete because you cannot have good education when you are limiting, you see, what students are learning. If there is no free academic -- if there is no academic freedom, education goes down the drain. Chair Hardemon: Got it. City of Miami Page 112 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Reyes: You see? Yeah. Chair Hardemon: Is there any other Commissioner that wants to kind of weigh in on this a bit more? 1 mean, Commissioner Reyes, you make a very compelling argument. And you know, part of my desire as well is to, I mean, I want to see people 's incomes raised in our district. You know what I mean? Commissioner Reyes: That doesn't hurt the raising of the -- Chair Hardemon: I know, I'm just talking through it. And my first mind says that if you give people an opportunity, once they achieve 100 percent of the AMI to go above and continue in the same place, that would be good. Commissioner Reyes: In the same place, they can. As long as they don't move to those apartments that they are set to be in a different AMI. I mean, that is up to the owner. As long as they comply with the number of apartments that they are going to be in certain AMI, I mean in certain range, that is -- that's all it is, you see. Chair Hardemon: It's also very telling, you know, the statement that that AMI is, you know, it's more than, I mean 85 percent of our population doesn 't qualify: for the AMI. Commissioner Reyes: It doesn 't -- it doesn't qualify. Doesn't qualify, I mean, and that is, and 1 am, those are numbers, those numbers I didn't --1 did not create. Chair Hardemon: But what type of effect do you think this is going to have on the development? Commissioner Reyes: Well, the thing is, it will have in development, it won't have any effect because developers develop. And it is such a small percentage, you see, particularly the ones that they have bonuses, you see. It 's such a small percentage of the apartments that they're going to fall within that limitation. They're going to still develop. And the thing is, another thing that they, even the ones that they are at 60 percent, as AMI keep on increasing, because it will keep -- it was 55 two years ago, and this is 49 now, they can increase their rent according to that. Because they have to, they work, it is not that this is set and cast in stone that they cannot change the rent that they are charging as long as they go within the AMI. And the problem here, sir, is that by charging more than 30 percent of the gross income, I mean, for rent, and that will have a negative effect in our economy. Because as people pay a greater percentage of their income for rent, there is less money for consumption. There is less money for going to a restaurant and have a dinner. There is less money to go out and purchase things that they need, even clothes, you see? You went through it. That when, just remember when you came from school and you have to pay more than 30 percent of your salary for rent, you didn't have much money to go out and party. You always managed, but you didn 't have that much money to take a girl to a nice restaurant and all that, because most of your rent was going towards paying rent. Now, there are people that they like that, I mean, it is not that, I mean, if a teacher, I mean, marries a lady that is working at $15 an hour, you see, still, they will not, I mean, they will not be able to, I mean, fall into, I mean, rent a place in the apartments that we are helping them build, you see, and without being rent burdened. And that is my only argument. Listen, I don't know any, I mean, developers. I don't know have no dealing with developers. I have nothing against developers. I love developers and I wish they develop every day. But I am representing a population and we all are represented a population that is poor. You see, listen, the other day that I was, I saw - - I gave you this, it said Miami is the second most unequal large metro country and its middle class is shrinking, you see. It has the highest, the highest, the Gini coefficient which measures income inequality in the United States. It is equal to that of Colombia and Panama. Income inequality in Miami, I mean, it is unbelievable. And it is, I mean, we can sit down and you and I and have a cup of coffee or something and we can go City of Miami Page 113 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 over the reasons, you see. But reality is that we are representing a poor population. And if we are going to -- if we are going to help the developers increase the amount of apartments that they're going to have by providing some incentives, but out of that data, what they say, the public benefits that they are offering in exchange for us allowing them to do that, please, please, let's charge rents that they are affordable to all people. That's all. That's all I'm asking. You see, it is not that I want to argue, I don 't want to argue this. It's not for the sake of argument. You see, it is because I think that is the right thing to do. Chair Hardemon: Thank you, Commissioner. Mr. Duran, you had something that you wanted to add? Okay, I thought you would see it. You 're muted, sir. Alfredo Duran (Assistant Director, Housing and Community Development): Can you hear me? Chair Hardemon: We can hear you now. Mr. Duran: Yes. Can you hear me? Commissioner Reyes: Yes, sir. Mr. Duran: Yes, thank you. Good afternoon, Mr. Chairman and Commissioners. Alfredo Duran, Assistant Director, Department of Housing and Community Development. I just have an observation. I've been listening to this conversation about the 140 and the attainable housing. And I agree with you, Commissioner Reyes. 140 is well, well beyond the affordability of Miamians. However, 1 think to get a better sense or a better public benefit, I think we need to consider something. Right now, the Affordable Attainable Housing Double Density Program provides double density to a developer with the promise that they're going to provide us from the total of that project with 20 percent affordable and the rest of workforce up to 140. The 20 percent affordable is defined at 10 percent at 50 and 10 percent at 30. The rest of the units can go up to 140. Now you give a developer the ability to go up to 140 and they will go up to 140. Commissioner Reyes: Absolutely. Mr. Duran: Right, so 140 obviously you're going to have 80 percent of that project, which is the benefit we're trying to get at 140. Now in Miami we have folks that are at 60 percent AMI, 70 percent, 80 percent, 100 percent. When you have this structure, they will not rent the affordable units to anybody making less than 50 or 30, but they will rent the remainder of the units regardless of your income up to 140. So we're forgetting the people in the middle, okay? And even if we cap it at 100, the developer is going to take it up to 100. We're forgetting the people in the middle. I think we need to look at our Attainable Housing Ordinance and spread the affordability a little bit better so that we get not only fifties and thirties but we get some eighties and we get some hundreds and we get some, you know what I'm saying, so that they're obligated for those benefits, that benefit that they're getting, to provide affordability to those also. So it's a better spread of affordability. Correct me ifI'm wrong, Francisco, if I misinterpreted the ordinance. Mr. Garcia: We certainly, we've discussed this before, Alfredo, and that is exactly the optimal calibration of the Attainable Housing Ordinance, which incidentally we've been working on for some time and we are eager to present to you sometime soon. The other thing I will add very briefly and parenthetically is this. Because the City of Miami has such a disparate landscape of income levels throughout, depending on each neighborhood generally, it has occurred to us, working closely with the Housing and Community Development Department, that a better, a better, a better reference point as opposed to AMI, which is fixed by the County and varies between neighborhoods, is to possibly peg it to the neighborhood median rental prices. Now, City of Miami Page 114 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 (UNINTELLIGIBLE) does vary over time, so there would have to be periodic calibrations. But if one were to do that, then I think the goals, as we have heard the Commission state now time and again, the goals of keeping people in place, preventing displacement and gentrification would then be achieved. And the other aspect that Alfredo mentioned, which is incredibly important as well, is to achieve that ultimate goal of mixed income development to prevent (UNINTELLIGIBLE). Commissioner Reyes: And I may add this, I have a great concern. And a great concern that I have is that we have a tremendous brain drain. Because it is too expensive for a person to live in Miami. You see, it is too expensive. The apartments, I mean, that what we have built around Brickell Avenue, 1 mean, Biscayne Boulevard and all, and Omni and all those areas, they are beyond, beyond the greater percentage of salaries that we get here. So it is, 1 mean, even recent graduates they'd rather go someplace else instead of stay here. You see, 1 would not want my grandson to go away when he graduates because he cannot live here. We have to provide, as well as we have to provide decent housing for those people that they have high income, that's fantastic. You see, we are also, it is our duty to provide housing for those people that they are in the lower spectrum of the income distribution. You see, and Alfredo, I agree with you 100 percent. Let's work in a formula that we can incorporate not only the people that are 100 and the people that are 140, you see, but the people in the middle, you see. And believe me, I think, and according to the average, when average is different than median. Median is 50 percent have one side, 50 percent on the other side. But the average when you incorporate all the salaries and all of that is $63,000, you see? And we can use that, and 1 would rather, instead of going through the, you see the rent in the area, 1'd rather go through the income of the area. What is the income? What's the average income? I mean, because unless we increase the personal income in a City of Miami, we are just going to have this division that we are going to have pockets of rich people, pockets of real poor people, and nothing in between. That's what we need, you know, where you have rich people living next to people that are making a lot of money. And I think that is our duty. I mean, listen, I don't have no benefits in this or anything. It is -- I am very convinced that we have to do it. and I mean -- Chair Hardemon: I have to ask a question. Mr. Duran, so then you would think that this ordinance would be a step in the right direction? Mr. Duran: I'm sorry, I didn't get that. Chair Hardemon: You're thinking that this ordinance would be a step in the right direction? Mr. Duran: Well, I think that the intent is a good intent. I think that reducing the workforce to a lower amount obviously brings it back to a greater reality to our citizens, but I think we're still doing a disservice to those in the middle. Anyone who makes 60 percent AMI would not be able to rent those lower ones and they would still be charged 100 percent AMI which would still be cost burdening them. So we need to find a better formula, a better formula that when we give someone, for instance, a 10 unit project that gets 10 additional units. Right now, eight of those units are affordable, and the rest of the units, the 12 units, are going to be at 140. Reducing it to 100. Chair Hardemon: I'm glad you brought that up. And we're going to task you with finding that language. Commissioner Reyes: Absolutely, and I accept that. Is that, I mean, you're proposing that we defer this and task them in order to find a good formula. That 's what you're proposing? City of Miami Page 115 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Chair Hardemon: I think that make -- I didn't say defer, but if you want to defer, then that's not an issue. 1 see Ken -- Commissioner Reyes: Well, you know, we can vote this and with the provisor that we are going to, we're going to pass it. And I accept any good formula that really represents our population. Chair Hardemon: All right. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Commissioner Russell: All right, all right, all right, all right, all right, wait, Reyes, Reyes, Commissioner. Commissioner Diaz de la Portilla: It's Commissioner Reyes, Commissioner. Commissioner Russell: Commissioner. Commissioner Reyes: Yeah, yeah, yeah, yeah, okay. Commissioner Russell: Mr. Chair. Commissioner Reyes: It is Commissioner Reyes. Commissioner Diaz de la Portilla: Commissioner Senator Diaz de la Portilla, Chairman Hardemon, Commissioner Reyes, Mayor Carollo. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Get it right. Commissioner Reyes: And but -- Commissioner Russell: (Comments made in Spanish not translated). Commissioner Reyes: You can call nze Manolo or Flaco, whatever. Commissioner Russell: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) Diaz de la Portilla, (Comment made in Spanish not translated) Hardemon, (Comment made in Spanish not translated) Carollo, (Comment made in Spanish not translated) Reyes, either language. Commissioner Russell: Ambassador. Commissioner Reyes, okay, you've convinced me. I will vote for this on first reading. You're absolutely right. We need to go deeper. You make a very compelling case. It's not perfect though, and I want to work on it. Commissioner Reyes: Exactly. Commissioner Russell: Very worried about upsetting the scales with regard to the definitions and our application to federal programs, and that 's where Mr. Duran can help as well. But I'm with you, all right? So I'm going to vote yes on first reading, and we will work on it. City of Miami Page 116 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Reyes: Thank you, sir, and I'm real glad that, because it is not my intention to be controversial on this, you see. Commissioner Diaz de la Portilla: Of course not. Commissioner Reyes: My intention is, it is, given my, I mean, I've been look, seeing it, and in my discipline, I've been trained to look at all angles, you see. And what I want is for all of us to be on the same boat. You see? So, let's pass it on first reading, then I'll work on it, everybody's two cents gets into it. And, but this one is second reading. Commissioner Russell: Oh, my mistake, I'm not with you then. Ms. Mendez: I wanted to clarify something. Remember that this is just limited to Miami 21. This does not affect your HCD (Housing and Community Development), CDBG (Community Development Block Grant). Unidentified Speaker: (UNINTELLIGIBLE). Ms. Mendez: So I wanted to -- Commissioner Russell: So, no, I think we're getting there, but there's so many different facets to the problem. I think we just need some adjusting, make sure we hit everybody in the middle. If we -- for example, if we were to lower the AMI for workforce housing, then in the Attainable Housing Ordinance, maybe we would let the developer do a little bit of market rate on their own to help offset the cost, but we call it what it is, we call it market rate. Commissioner Reyes: Market rate, absolutely. Commissioner Russell: And that way we're not compartmentalizing all the facility in one building. Commissioner Reyes: Absolutely. Commissioner Russell: Can we defer it then and get it together and get all on one page, because if it's second reading, we're going to be done here. And I think it's -- Vice Chair Carollo: (UNINTELLIGIBLE). Commissioner Russell: (UNINTELLIGIBLE) a way, and I think you're making a very compelling case, and I want to support it. Vice Chair Carollo: Francisco, can you leave us a parting gift before you go? And it's something you and I have been talking about from the past, that we do a sliding scale on what developers should pay us for each additional unit that they get and square footage, et cetera, based upon what models the other cities have. We're not going to reinvent the wheel here. And then I don't care what they do on anything we approve because they're going to have to pay us per unit, and it'll be across the board and we can use that money to build in what we need. I want to compliment Commissioner Reyes because up to now, this is the first time that we 're getting closer in reaching more people that we need to reach that need this. As Mr. Duran said, it's not going to reach everybody. And this is why what I think we need to do is concentrate on creating housing to own where we're going to create our own housing entity, call it whatever you like, and through that housing entity, we'll raise the funds, and well qualify 95 percent of our residents through it. And -- Commissioner Reyes: You see, we need both. We need housing, we need ownership, and we need rental also. You see, and this is a step towards rental, and we can work, I City of Miami Page 117 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 mean, I'm willing to work with you into ownership, which I'm very much interested. But I want to pass this and 1 want to work on this. And I want everybody to work on this. And I promise you, 1 am willing to reform it as much as we can and bring it back and reform it until we find, I mean, a formula that we can serve as many people as we can, you see, and that is within the income spectrum that it is the reality of our city, you see? And I agree with you, I'll work with you, and as a matter of fact, I'm willing and eager to work in a program for homeownership, you see, and as I'm eager to work with all my fellow commissioners in finding, I mean, trying to adjust this. I mean, I don 't mind if it is two months from now, a month from now, and we adjust it, you see? I mean, we pass this, and we will -- let's adjust it, you see? And let's keep on working. You got my, you see, my word is my bond. You have my word that we're going to sit down and we're going to bring it, 1 mean, find a solution. But one thing that I am satisfied and I'm real happy and real proud of all my, colleagues is that we all are concerned about providing our residents with affordable housing, housing that they can afford according to their income. And as they increase their income, they can go and move some other place, you see. And as, I mean, the expert has said, Duran and Garcia, this is a good first step, okay. Vice Chair Carollo: Vickers, what are you doing here? I thought you were out with the green shirts or whatever shirts, getting those homeless out into the shelters. Commissioner Reyes: Yes. Okay, Mr. Hardemon, you want to call the roll? I mean -- Chair Hardemon: Well no (INAUDIBLE). I do -- so I like the idea of making a more complete document where, you know, we can get the language that we task Mr. Duran with kind of giving us, because I think you're right. 1 mean, that middle group is what's missing. Commissioner Reyes: Yes. Chair Hardemon: Because you know, people are going to force their way with the lower income, and they're going to force their way with the higher income. But it's those people who are in the middle who they're least incentivized to really assist. So is there a way that we can -- I mean, I won't be here when you all, you know, get to it, but is there a way that we could continue to have that more perfect language so that we're making a decision that we understand is doing exactly what we need it to do? Commissioner Reyes: Well, Vicky, if we pass this, can we reform it? And we can -- Vice Chair Carollo: Yeah, of course we can. We can bring it back and reform it. Commissioner Reyes: Absolutely. I mean, let's -- I would like to vote on it. Vice Chair Carollo: Did you make a motion for it? I'll second it. Commissioner Reyes: I make a motion to pass. Vice Chair Carollo: Second. Chair Hardemon: We already have a motion, you can't second because we have a second already. Vice Chair Carollo: Who's the second? Commissioner Reyes: The second is -- Chair Hardemon: (INAUDIBLE) two seconds. City of Miami Page 118 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Vice Chair Carollo: Who's the second? Chair Hardemon: I'm the second. Vice Chair Carollo: You're the -- even better. Commissioner Diaz de la Portilla: You're flexing your muscle. You're flexing your muscle in your last year. Is that what you're doing? Vice Chair Carollo: I'll be the third. Commissioner Reyes: Okay. Chair Hardemon: All right so (INAUDIBLE). Vice Chair Carollo: Commissioner, let me say -- Chairman? Chair Hardemon: Yes. Vice Chair Carollo: If once you get over there, you don't like it, you know, we could keep this warm for you for next November. So -- (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Carollo: (UNINTELLIGIBLE) over there. You know, you can always come back. We'll leave the door open. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: And the light -- and the light on. Commissioner Reyes: And the light on so you know where you're going and you can find your way. Okay. Chair Hardemon: All right. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? The motion passes. Congratulations. Commissioner Reyes: And thank you very much to all of you. Commissioner Diaz de la Portilla: Congratulations, Commissioner. Commissioner Reyes: And I mean, you know, it is not my victory. It is our victory. It is our victory. We are a body that really is concerned with our people, and it shows. This is a message that is being sent to our residents, we care about you, and we are going to try to find ways that we provide decent housing to all of you. Okay, thank you very much. Vice Chair Carollo: Thank you for your vote on this, Commissioner Russell. Commissioner Reyes: Thank you, Russell. Vice Chair Carollo: You have made it unanimous. Commissioner Reyes: That's right. City of Miami Page 119 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Vice Chair Carollo: We could always bring it back as was stated and make it better if we can. Commissioner Reyes: Hey listen, everything is up for improvement, you see, even ourselves. PZ.2 RESOLUTION 8001 Department of Planning A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, WITH CONDITIONS, TWO (2) EXCEPTIONS AND A WARRANT AS FOLLOWS: 1. AN EXCEPTION PURSUANT TO ARTICLE 6, TABLE 13 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), AND CHAPTER 4, SECTION 4-5 AND SECTION 4-7(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT AN ALCOHOL SERVICE ESTABLISHMENT (MICROBREWERY AND BREWPUB) IN EXCESS OF 5,000 SQUARE FEET IN THE FLAGLER SPECIALTY DISTRICT; 2. AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.2.3.B.1 AND ARTICLE 7, SECTION 7.1.2.6 OF THE MIAMI 21 CODE TO PERMIT ALTERATIONS WHICH ENLARGE THE NONCONFORMITY OF A NONCONFORMING STRUCTURE TO AN EXTENT OF LESS THAN FIFTY PERCENT (50%) OF THE TOTAL SQUARE FOOTAGE OF THE NONCONFORMING STRUCTURE; AND 3. A WARRANT PURSUANT TO ARTICLE 6, SECTION 6.3.2.1 AND ARTICLE 7, SECTIONS 7.1.2.4 AND 7.1.3.2 OF THE MIAMI 21 CODE TO ALLOW AN OUTDOOR DINING AREA COMPRISED OF THIRTY- FOUR (34) SEATS WITHIN 1,492 SQUARE FEET ON THE REAL PROPERTY DESIGNATED AS "T6-80-0", URBAN CORE TRANSECT ZONE — OPEN, LOCATED AT APPROXIMATELY 60 NORTHEAST 2 AVENUE (169 EAST FLAGLER STREET), MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-20-0355 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Is there a motion for PZ.2? Commissioner Reyes: Let me see, PZ.2. Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair Hardemon: And seconded. Any discussion on it? Seeing none, all in favor, say aye. The Commission (Collectively): Aye. City of Miami Page 120 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Chair Hardemon: Motion carries. PZ.3 RESOLUTION 8002 Department of Planning A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING/DENYING A PARTIAL RELEASE/MODIFICATION OF A DECLARATION OF RESTRICTIVE COVENANTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 460, 500, AND 520 NORTHEAST 82 TERRACE AND 505, 439, 437, 433, AND 421 NORTHEAST 82 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-20-0356 MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item PZ.3 was continued to the November 19, 2020, City Commission Meeting. PZ.3 RESOLUTION 8002 Department of Planning A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING/DENYING A PARTIAL RELEASE/MODIFICATION OF A DECLARATION OF RESTRICTIVE COVENANTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 460, 500, AND 520 NORTHEAST 82 TERRACE AND 505, 439, 437, 433, AND 421 NORTHEAST 82 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-20-0356 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes City of Miami Page 121 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PZ.3 RESOLUTION 8002 Department of Planning A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING/DENYING A PARTIAL RELEASE/MODIFICATION OF A DECLARATION OF RESTRICTIVE COVENANTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 460, 500, AND 520 NORTHEAST 82 TERRACE AND 505, 439, 437, 433, AND 421 NORTHEAST 82 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-20-0356 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: The Chair would like to request a motion for continuance for PZ.3 - Commissioner Reyes: Move it. Chair Hardemon: -- to the November 19 meeting. Vice Chair Carollo: A motion on what? Chair Hardemon: For continuance. Commissioner Reyes: Continuance. Vice Chair Carollo: Okay. All right, there's a motion for continuance, there's a second. Chair Hardemon: All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. [Later...] Chair Hardemon: Since we're doing some procedural stuff, I'd like to move to reconsider PZ.3, that was the one that I asked for the continuance for. Vice Chair Carollo: PZ.3? Chair Hardemon: Yeah, that's the one I asked for the continuance for. It's within the district, within my district. Very north of my district. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: I'll second that. City of Miami Page 122 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Vice Chair Carollo: Your district, okay, yeah, okay, go ahead. Commissioner Diaz de la Portilla: I'll second it. Chair Hardemon: I'm taking it to reconsider. All in, favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? Todd B. Hannon (City Clerk): Chair -- Chair Hardemon: That motion carries. Mr. Hannon: My apologies. The mover will be Commissioner Carollo, seconded by Commissioner Diaz de la Portilla. (INAUDIBLE) make a motion. Commissioner Reyes: Okay. [Later...] Chair Hardemon: What I'll do is -- let's read -- let's finish on. So, PZ.17, can you read it into the record, please. PZ.17 and PZ.18 and PZ (Planning and Zoning) -- well, PZ.17 and PZ.18. Those are our last ordinances. Vice Chair Carollo: And you got PZ.19 too, right? Chair Hardemon: Yeah, PZ.19 is a resolution -- Commissioner Reyes: 18, 18. Chair Hardemon: -- but we can handle it. Commissioner Reyes: And 19. Vice Chair Carollo: For the record, I have a Jennings disclosure for PZ.19. Chair Hardemon: I do as well. Commissioner Diaz de la Portilla: (INAUDIBLE). Vice Chair Carollo: My staff met me on Zoom with the applicant. I did not, my staff. Commissioner Reyes: I also have a Jennings disclosure for PZ.18 and 19. I met with Iris Escarra and 24 Plaza Court Developers, so I want to disclose. Vice Chair Carollo: Okay. Chair Hardemon: Can we read now PZ.17 and 18 into the record, please? Commissioner Diaz de la Portilla: I also have a Jennings disclosure. Chair Hardemon: The Chair disclosed his. I'm not sure if Commissioner Russell does, but he may not. (UNINTELLIGIBLE) be read into the record. Barnaby Min (Deputy City Attorney): Yes, PZ.17. City of Miami Page 123 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: PZ.18. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Hardemon: The Chair would like to entertain a motion to approve PZ.17, 18, 19. Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: Second. Vice Chair Carollo: Second. Chair Hardemon: So, properly moved and seconded. Mr. Min: Mr. Chair, I did not read 19. Oh, I'm sorry, that's the resolution. Chair Hardemon: Yeah, 19 is a resolution. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? That motion carries. Vice Chair Carollo: We're done with the PZs with the exception of the one we reconsidered, PZ.3? Chair Hardemon: No, we already -- PZ.3 was also included in the motion. It was 17, 18, 19, and 3. 17, 18, 19, and 3 was the motion. Commissioner Reyes: They were moved. Vice Chair Carollo: Yeah, they were moved. Commissioner Reyes: Yeah, we voted on that. City of Miami Page 124 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PZ.4 ORDINANCE First Reading 7782 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 4214 SOUTHWEST 3 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.4 was continued to the November 19, 2020, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.4, please see "Order of the Day." City of Miami Page 125 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PZ.5 ORDINANCE First Reading 7783 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION , WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R", SUB -URBAN TRANSECT ZONE - RESTRICTED, TO "T4-L", GENERAL URBAN TRANSECT ZONE - LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 4214 SOUTHWEST 3 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER ACCEPTING THE VOLUNTARY COVENANT ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.5 was continued to the November 19, 2020, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.5, please see "Order ofthe Day." City of Miami Page 126 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PZ.6 ORDINANCE First Reading 7887 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS ESTABLISHED BY SECTION 163.3184(3), FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 87.646 ACRES OF REAL PROPERTIES LOCATED BETWEEN 1-195 ON THE NORTH, 1-95 ON THE WEST, NORTHWEST 29TH STREET ON THE SOUTH, AND NORTH MIAMI AVENUE ON THE EAST, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL" AND "RESTRICTED COMMERCIAL"; FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL"; FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL," "RESTRICTED COMMERCIAL," AND "GENERAL COMMERCIAL"; FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" AND "GENERAL COMMERCIAL"; FROM "RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL"; AND FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For additional minutes referencing Item Number PZ.6, please see "Public Comments for all Item(s)." Chair Hardemon: PZ.6, 7, and 8, Madam City Attorney, can you read the -- read them into the record, please? Victoria Mendez (City Attorney): Yes, Chairman. PZ.6. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That's PZ.6. PZ.7. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ.8. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Before we tackle anything, I just want to make a Jennings disclosure. I know that I've met with these individuals throughout time regarding what they wanted to do here. So I just want to make sure I put that on the record that I have met with them regarding these issues. Commissioner Russell: I'll make the motion, Commissioner -- Mr. Chairman. City of Miami Page 127 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Chair Hardemon: Thank you very much. It's been properly moved and seconded to approve -- Commissioner Reyes: Second. Chair Hardemon: -- 6, 7, and 8. Any further discussion on the item? Commissioner Reyes: Nope. Commissioner Russell: I believe probably a Jennings disclosure is in order for myself as well. 1 did have one Zoom meeting with groups that were advocating for this issue. Chair Hardemon: Okay. Francisco, you're recognized. Francisco Garcia: (Director, Planning): Just briefly to say that I thought it might please you to hear that in this particular area in Wynwood Norte, we've actually calibrated the affordability bonuses at 80 percent AMI (Area Median Income). Vice Chair Carollo: That's good. Chair Hardemon: Seeing no further discussion, all in favor? Commissioner Diaz de la Portilla: I -- before -- Chair Hardemon: You're recognized. Commissioner Diaz de la Portilla: -- before we vote on it, we can't let the moment pass, Chair, without acknowledging what you've done here. This is a visionary, bold, and gutsy plan that you have spearheaded from the beginning. You 're going to leave a legacy for this community, this part of your district you represent, that will last a long, long time. So I want to commend you for the work that you've done. I have a similar idea for what I want to do in the district that I represent, to really revitalize the community that desperately needs it. So I didn't want the moment to pass without at least saying that. Not a long speech, just an acknowledgement of your leadership, your guts, your tenacity, and so congratulations. Chair Hardemon: Thank you, sir. I appreciate it. Commissioner Reyes: Can I add to that, that I've been very proud to work with you. We're all proud to work with you. Under your leadership, we have gotten a lot of work done. Thank you, sir. And we're going to miss you. And you're going to still keep on representing this district. Commissioner Diaz de la Portilla: I was going to wait till the end of the meeting to do all that. I'm talking about this particular thing. Commissioner Reyes: Yes, I know that. But you know -- Commissioner Diaz de la Portilla: There's going to be a lot of kissing up that we're going to be doing later on today because it's important because we're going to need him. Commissioner Reyes: No but -- Commissioner Diaz de la Portilla: We're going to need him to take care -- to undo all the wrongs the County has done to us when he gets over there. City of Miami Page 128 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: So we have to (UNINTELLIGIBLE). Vice Chair Carollo: Russell. Commissioner Reyes: I want to make sure he doesn't forget about us. Vice Chair Carollo: Russell, you need to learn. See what calling him senator time and time again gets him. You got to learn. Commissioner Russell: We don't have to fight all the time. We all -- actually, Joe, 1 found a picture of us from a long time ago. Look at this. Commissioner Reyes: Oh, yes. Vice Chair Carollo: (UNINTELLIGIBLE). Commissioner Reyes: Oh, yes. Who's the winner? Vice Chair Carollo: You're the -- (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Carollo: I'm the big guy? Commissioner Diaz de la Portilla: (UNINTELLIGIBLE), you know what happens. Commissioner Reyes: You know I almost forgot you there. I forgot you (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Chairman, this is -- this is truly something that is a legacy project for you. Commissioner Reyes: It is. Commissioner Diaz de la Portilla: So it's something that you should be very proud of and what you've done for your community, you know, not a lot of people can walk away and say, hey, I made a difference. You didn't come here just to vote and to be here and to, you know, take some space up. You came here to make some differences. And this is a big difference you made in this district. Congratulations again. Commissioner Reyes: Congratulations, Mr. Chairman. Vice Chair Carollo: What street do you want to be named after you, Chairman? Let me know. I don't talk. What do you want? Commissioner Reyes: It won't be an alley. It won't be an alley. Commissioner Diaz de la Portilla: 29th Street. Commissioner Reyes: 29th Street. Oh, yeah, that's good. Chair Hardemon: Seeing no further discussion, all in favor, say "aye." The Commission (Collectively): Ave. Chair Hardemon: All against? Motion carries. City of Miami Page 129 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 [Later...] Chair Hardemon: What we have now is FR.4, which is your noise, Chapter 36. Commissioner Diaz de la Portilla: Before we do that, Mr. Chair, I failed to make a Jennings disclosure on PZ.6, 7, and 8, so I want to make that for the record. Chair Hardemon: All right. It's included on the record. Commissioner Diaz de la Portilla: Thank you, sir. Chair Hardemon: It's noted on the record. Commissioner Reyes: Okay. Todd B. Hannon (City Clerk): Chair, just for the record, the motion by Commissioner Reyes, seconded by Commissioner Carollo, passed unanimously was for PZ.17, 18, 19, and PZ.3. Chair Hardemon: Correct. Thank you, sir. City of Miami Page 130 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PZ.7 ORDINANCE First Reading 7888 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 91.57 ACRES OF REAL PROPERTIES LOCATED BETWEEN INTERSTATE 195 ON THE NORTH, INTERSTATE 95 ON THE WEST, NORTHWEST 29 STREET ON THE SOUTH, AND NORTH MIAMI AVENUE ON THE EAST, MIAMI, FLORIDA FROM "T3-O", SUBURBAN TRANSECT ZONE - OPEN, TO "T4-R", URBAN CORE TRANSECT ZONE — RESTRICTED, AND "T4-L", GENERAL URBAN TRANSECT ZONE - LIMITED; FROM "T4-R", GENERAL URBAN TRANSECT ZONE - RESTRICTED, TO "T5-L", URBAN CENTER TRANSECT ZONE — LIMITED, AND "T5-O", URBAN CENTER TRANSECT ZONE - OPEN; FROM "T4-L", GENERAL URBAN TRANSECT ZONE - LIMITED, TO "T4-R", GENERAL URBAN TRANSECT ZONE - RESTRICTED, "T5-L", URBAN CENTER TRANSECT ZONE — LIMITED, AND "T5-O", URBAN CENTER TRANSECT ZONE - OPEN; FROM "T4-O", GENERAL URBAN TRANSECT ZONE - OPEN, TO "T5-L", URBAN CENTER TRANSECT ZONE — LIMITED; FROM "T5-O", URBAN CENTER TRANSECT ZONE - OPEN, TO "T6-8-O", URBAN CORE TRANSECT ZONE - OPEN; AND FROM "Cl", CIVIC INSTITUTIONAL TRANSECT ZONE, TO "T5-O", URBAN CENTER TRANSECT ZONE — OPEN, AND "T6-8-O", URBAN CORE TRANSECT ZONE - OPEN, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING 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 Number PZ.7, please see "Public Comments for all Item(s)" and Item Number PZ.6. City of Miami Page 131 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PZ.8 ORDINANCE First Reading 7889 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), PURSUANT TO ARTICLE 3, SECTION 3.12.3 OF THE MIAMI 21 CODE, BY REZONING CERTAIN PARCELS OF APPROXIMATELY 141.58 ACRES FOR THE CREATION OF THE "WYNWOOD NORTE NEIGHBORHOOD REVITALIZATION DISTRICT (NRD-2)" BY CHANGING THE ZONING CLASSIFICATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED BETWEEN INTERSTATE 195 ON THE NORTH, INTERSTATE 95 ON THE WEST, NORTHWEST 29TH STREET ON THE SOUTH, AND NORTH MIAMI AVENUE ON THE EAST, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MODIFYING THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED; MAKING FINDINGS OF FACT; STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING 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 Number PZ.8, please see "Public Comments for all ltem(s) " and Item Number PZ.6. City of Miami Page 132 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PZ.9 ORDINANCE First Reading 7999 Commissioners and Mayor - PZ AN ORDINANCE OF THE COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS", AND AMENDING DIAGRAM 1 IN ARTICLE 3, SECTION 3.11, TITLED "WATERWAYS & WATERBODIES WITH WATERFRONT PROPERTIES", TO REMOVE PROPERTIES ZONED AS "CS", CIVIC SPACE ZONE, LOCATED ON A WATERBODY FROM THE DEFINITION OF WATERFRONT AND TO UPDATE DIAGRAM 1 IN ARTICLE 3, SECTION 3.11 ACCORDINGLY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Madam City Attorney, can you read into the record, PZ.9, 10, 11 and 12, 13, and 14? Barnaby Min (Deputy City Attorney): Yes, Commissioner. PZ.9. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: PZ.10. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: PZ.11. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: PZ.12. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: PZ.13. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: PZ.14. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Commissioner Reyes: May I, Mr. Chair? Chair Hardemon: Yes, sir. City of Miami Page 133 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Reyes: This -- nay -- I was informed by the Administration that this was going to be deferred (UNINTELLIGIBLE). Commissioner Russell: Which one? Commissioner Reyes: PZ.4. Unidentified Speaker: 14. Commissioner Reyes: I mean, 14, PZ.14. It is parking in mini parks, you see, that's what it is. That we are, it's going to be deferred. That's what 1 heard from -- isn't that true, Francisco? Francisco Garcia: (Director, Planning): We had discussed that, yes, sir. I'm not sure if it was read into the record earlier today, but we had. Commissioner Reyes: That's right, so I'll move it to -- I mean, I want to leave this out, vote, and then move to defer this if it is possible. So, okay. Can I move PZ --? Chair Hardemon: Wait, he's ready to record everything else though, right? Commissioner Reyes: Yes, yes, yes. Chair Hardemon: That's what 1 figured. Vice Chair Carollo: Okay. I'll move all those ordinance. For the record, I had asked to include me in PZ.10 and 11 as a sponsor. Commissioner Reyes: Okay. Vice Chair Carollo: I want to be green. I want my green shirt. Chair Hardemon: You were added. Commissioner Reyes: It's going to be up to 13. Chair Hardemon: Yes, and the motion is to approve -- Commissioner Reyes: I made a motion to -- Chair Hardemon: No not include 13? Commissioner Reyes: 13, yes. Chair Hardemon: All right. Is there a second? Seconded by the Vice Chairman. Any discussion? Commissioner Russell: Yeah, one question. Mr. Garcia: I believe that 14 -- Chair Hardemon: (UNINTELLIGIBLE) ask a question. Mr. Garcia: My apologies. I believe that was PZ.13 that Commissioner Reyes had asked to be -- Commissioner Reyes: No, no, no, it's 14. City of Miami Page 134 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Vice Chair Carollo: 14. Commissioner Reyes: PZ.14, the one on the 400 feet that we have talked so much about. Mt. Garcia: Yes, sir. Thank you. Commissioner Reyes: Okay, yes. Commissioner Russell: Just a quick question. PZ.9, the zoning text on waterfront standards, what is this? What is this? What is the concern on the --? Commissioner Reyes: And I'm glad. That's a good question. I'm glad, and I'm going to tell you the whole story about it. This is on Robert -- I mean, this will affect only a portion of Robert King High Park that has one of those blue lagoon lakes in front of it. Since it is in front of that blue lagoon lake, and it will have to go, otherwise we have to go to referendum. And what we are proposing to do there is going to be a training facility for girls volleyball. You see, volleyball, there 's not a place that, there 's not a training facility in Dade County for girls volleyball or a place that they can come and compete, but I have a proposal from a group of people that they want to build it there, and there 's plenty of space, and as a matter of fact, there is a volleyball, that those girls that play good volleyball, they get scholarship left and right, you see. And this is just to use, be able to use that space to build a training facility and a competition facility for girls. Girls love volleyball, you see, but we don 't have any and that's all. And it will affect this only, sir. It won't affect anything else. Commissioner Russell: Just so I can clarify, maybe the City Attorney can help me. So because this is a waterfront property, and it happens to also be CS (Civic Space), which is subject to that, you're saying without this resolution, it would have to go to referendum under the Charter. Is that correct? Commissioner Reyes: Yes. Commissioner Russell: But by changing the definition of waterfront property and taking CS out of that, does that mean no CS properties would have to go to referendum if we chose to do a lease on CS property? Mr. Min: No, sir, as drafted, this is very specific to those properties that -- and I don't have the language -- but those properties that are west of a certain body, I think it's -- Commissioner Reyes: (UNINTELLIGIBLE). Mr. Min: I don't know if you remember the language. Commissioner Russell: I'm looking at the ordinance right now. Commissioner Reyes: It's just specific -- Mr. Min: (UNINTELLIGIBLE) actual definition section. Commissioner Reyes: Definitions, yes. Fronting a water body, I don't see anything about the west versus east or -- Mr. Garcia: But elsewhere in the code, water bodies affect properties that are west of the salinity dams throughout the river or the canals. Commissioner Russell: Where is that? City of Miami Page 135 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Mr. Garcia: Not in this part of this amendment, but elsewhere in the zoning ordinance. Commissioner Reyes: And it's the known, 1 mean, it is not navigable, the body of land -- of water, not navigable body of water. That's what it is. Commissioner Russell: It seems to me though, if the definition is amended, in Article (UNINTELLIGIBLE) -- Mr. Min: It's in the definition of water body, which is actually not included in this text amendment. The water body is not being amended. Commissioner Russell: But the definition of waterfront is being amended. Mr. Min: Yes, sir. Commissioner Russell: And it says, so it says, currently says the area of a property that fronts a waterway or water body, we 're adding except for those properties zoned as CS civic space zone fronting a water body. So, doesn't that have an effect on more than just this property? Doesn 't it affect all CS that face a water body? Mr. Min: No, sir. As Mr. Garcia stated, it's those properties that -- and I'm sorry. I'm looking for the definition of water body. Commissioner Russell: 1 see one that differentiates properties of waterways (MULTIPLE PARTIES SPEAKING IN UNISON) Mr. Min: Separated by a salinity exam from Biscayne Bay, which again, without looking at the map, I'll defer to Mr. Garcia, but that is a limited number ofproperties west -- on the western side of the City of Miami. Mr. Garcia: Right. And if1 may add, perhaps to give you greater comfort, the effect it has is really to provide the City more design flexibility in the improvement of the waterfront end of those parks in the City. So, as Commissioner Reyes was mentioning, if in one specific park the City wants to make certain improvements that depart from the standards and guidelines, ultimately of course it's up to the City Commission to decide what the improvements will be. But we believe that flexibility is welcome so that other types of recreational facilities can be developed instead of the sort of hard and fast prominence that are otherwise required. Commissioner Russell: Got it, and this one's on first reading today, correct? Commissioner Reyes: Yes, sir. Commissioner Russell: All right, thank you. I'll be supportive of course, thank you. Commissioner Reyes: Thank you, sir. Chair Hardemon: Further discussion on those items? Commissioner Reyes: No, sir. Chair Hardemon: Seeing none, all in favor -- Todd B. Hannon (City Clerk): Chair, Chair. I do not believe I have a motion, and so it's going to be for -- City of Miami Page 136 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Reyes: Yes, I move it. Vice Chair Carollo: Second. Mr. Hannon: And that's for 9, 10, 11, 12, and 13, correct? Commissioner Reyes: Yes, sir. Chair Hardemon: Correct. Commissioner Russell: One last question on PZ.12, please. Through the Chair, this is the parking -- I'm sorry, no, on PZ.10. This is the electric vehicle. Is this 20 percent applied to private off-street parking or only the public off-street parking within the MPA (Miami Parking Authority)? Mr. Garcia: All parking structures. Commissioner Russell: All parking structures, okay, thank you. Commissioner Reyes: Okay, I move to defer PZ.14. Vice Chair Carollo: Second. Mr. Hannon: I'm sorry, Commissioner, we still need to take a vote on the motion on the floor. Commissioner Reyes: Oh. Chair Hardemon: All in favor of the motion, say "aye. " The Commission (Collectively): Ave. Chair Hardemon: All against? Motion carries. City of Miami Page 137 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PZ.10 ORDINANCE First Reading 7675 Commissioners and Mayor - PZ PZ.11 7676 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 1, SECTION 1.2 OF THE MIAMI 21 CODE, TITLED "DEFINITIONS", AND ARTICLE 3, SECTION 3.6.1 OF THE MIAMI 21 CODE, TITLED "OFF-STREET PARKING STANDARDS", TO PROVIDE FORA DEFINITION OF ELECTRIC VEHICLE CAPABLE ("EV CAPABLE") PARKING SPACES; REQUIRING THAT TWENTY PERCENT (20%) OF NEW PARKING SPACES CONSTRUCTED MEET THE EV CAPABLE STANDARDS BY ACCOMMODATING ELECTRIC VEHICLE CHARGING AND ITS ASSOCIATED INFRASTRUCTURE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item Number PZ.10, please see "Order of the Day" and Item Number PZ.9. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS"; ARTICLE 3, SECTION 3.5.3, TITLED "GENERAL TO ZONES"; AND ARTICLE 5, TITLED "SPECIFIC TO ZONES", PARTICULARLY, BY AMENDING SECTION 5.4.2, TITLED "BUILDING CONFIGURATION (T4)", SECTION 5.5.2, TITLED "BUILDING CONFIGURATION (T5)", SECTION 5.6.2, TITLED "BUILDING CONFIGURATION (T6)", SECTION 5.8.2, TITLED "BUILDING CONFIGURATION (CI -HD)", SECTION 5.9.2, TITLED "BUILDING CONFIGURATION (D)", AND SECTION 5.10.2, TITLED "BUILDING CONFIGURATION (D3)" TO PROVIDE FOR A DEFINITION OF SOLAR EQUIPMENT; CREATING STANDARDS FOR SITING AND SCREENING SOLAR EQUIPMENT IN THE T4, T5, T6, CI -HD, D1, D2, AND D3 TRANSECT ZONES; PROVIDING FOR AN EXEMPTION FROM HEIGHT LIMITATIONS FOR SOLAR EQUIPMENT; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item Number PZ.11, please see "Order of the Day" and Item Number PZ.9. City of Miami Page 138 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PZ.12 ORDINANCE First Reading 7885 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 5, SECTION 5.3.4, TITLED "PARKING STANDARDS (T3)", TO PROVIDE PROPORTIONAL DRIVEWAY WIDTH REGULATIONS FOR LOW DENSITY RESIDENTIAL PROPERTIES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For additional minutes referencing Item Number PZ.12, please see Item Number PZ.9. Chair Hardemon: And also for the record to item -- can we have Item PZ.12 come back on the 19th as well? Vice Chair Carollo: I have no problem with that coming back on the -- Chair Hardemon: Okay, so -- Vice Chair Carollo: -- that meeting. Chair Hardemon: Thank you. Commissioner Reyes: Okay. PZ.13 ORDINANCE First Reading 7920 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 7, SECTION 7.2, TITLED "NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS", TO PROVIDE FOR THE REFURBISHMENT OF SPECIFIC -PURPOSE DESIGNED STRUCTURES AND THE USES FOR WHICH THEY WERE DESIGNED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item Number PZ.13, please see Item Number PZ.9. City of Miami Page 139 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PZ.14 ORDINANCE First Reading 5694 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 7, SECTION 7.1.2.8, TITLED "AMENDMENT TO MIAMI 21 CODE," TO EXEMPT REZONINGS OF PROPERTIES BY THE CITY OF MIAMI TO "CS," CIVIC SPACE TRANSECT ZONES, OR "T-1," NATURAL TRANSECT ZONES, FROM MINIMUM SIZE AND FRONTAGE REQUIREMENTS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item PZ.14 was continued to the November 19, 2020, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PZ.14, please see Item Number PZ.9. Commissioner Reyes: Okay, move to defer PZ.14 and get some clarifications. Vice Chair Carollo: Second. Chair Hardemon: Properly moved to continue PZ.14. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Against? Motion carries. Todd B. Hannon (City Clerk): Just for the record, that'll be to November 19th. Commissioner Reyes: Yes, okay. City of Miami Page 140 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PZ.15 ORDINANCE First Reading 7677 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE 0.38 ± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 2824 AND 2828 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item PZ.15 was continued to the November 19, 2020, City Commission Meeting. Chair Hardemon: Madam City Attorney, can you read into the record PZ.15 and 16? Barnaby Min (Deputy City Attorney): PZ.15. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Commissioner Russell: I'll move it for discussion, Mr. Chairman. Chair Hardemon: We have -- he has more to read or did you read both of those? Commissioner Russell: Sorry, I'll wait then and then I'll move them both. Mr. Min: PZ.16. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Commissioner Russell: Now I'll move. Commissioner Reyes: Move and I second it. Commissioner Russell: You're on mute, Mr. Chairman. Chair Hardemon: Been properly moved and seconded. Any discussion? Vice Chairman, you're recognized. Commissioner Russell: Thank you. I'd like to work on this one with you, Commissioner Reyes, because 37th Avenue, right between our districts -- City of Miami Page 141 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Reyes: Absolutely. Commissioner Russell: -- and it's such an important corridor with the revitalization of Douglas Park, the incoming community center there. 1 think there's so much potential for healthy development here that can include affordability. It 's right next to the train station. There's so much going on. This applicant has gotten a change of zoning from us before on abutting properties of about double the size. And they proffered at that time a covenant with regard to affordability on site or a cash contribution that Commissioner Carollo negotiated to the tune of $100,000 for the Affordable Housing Trust Fund, which was obviously a big win for us, but it didn 't solve our situation on that road. And so at that time, 1 had asked, can we do, you know, sort of an intensive look, and maybe it needs a resolution or a direction, as has been done in some of these other neighborhoods, to really do a zoning analysis Jro this area to incentivize the type of development we want. 1 do not want to hold up this applicant from doing what they want, and I'm happy that they are coming with a proffer, but I do have to say, and Commissioner Carollo is off camera now, but the proffer is not even half of what you were able to negotiate for us in the last round. So I'm wondering if you have analyzed this, because if I'm not mistaken, in my understanding from the Planning Department's analysis, a commensurate contribution would be about half of what they gave last time, but they 're only offering $10,000 this time versus the $100, 000 they offered last time. And the units seem to be commensurate. They are at an appropriate AMI (Area Median Income), but if the cash contribution is so low, it incentivizes them to just go with the cash contribution and they never give us the affordability. So they get the best of both worlds there. So I'm looking for some support here either to work with this developer and their representative on their proffer or hold this item to really, you know, deep dive a little further on the entire area because I don't think we're doing this comprehensively. We're doing it piecemeal, lot by lot, where this place is worthy of T5. I mean, we could really give some intensity to this area if it's appropriate with that neighborhood and the buffering is there, but we need to get the affordability. And just waiting for voluntary proffers that don't really, meet the need might be a little tough. So I'm open to discussion on this one. Commissioner Reyes: Mr. Chair, and I do agree 100 percent with you that that corridor, 37th Avenue corridor, is, it is, we have to really try to do whatever is, I would say try to maximize the development there, and I'm willing to sit down with you and with anybody else and be -- try to work as much as we can and try to get as much as we can from the developers and also look into the future how can we improve and foster development in that area and it is part yours, part mine and I think that we should be working together in it. And I'll go along -- I mean, what do you want to do? You want to move this and defer this so we can have a charade? Commissioner Diaz de la Portilla: Can I ask a question? I have a question though because I need a little education on this one. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: If I may, Mr. Chair, through you. Chair Hardemon: Please. Commissioner Diaz de la Portilla: The -- so this is in Commissioner Reyes' district or Commissioner Russell 's? Commissioner Reyes: Both. Commissioner Russell: No, this is -- City of Miami Page 142 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Reyes: No, no, that's his, but I have the Douglas Park. Commissioner Diaz de la Portilla: I think you go -- you currently, that's probably going to be changed out here. There's a rumor out there it's going to be changed. 1 think you currently go to 25th -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- Terrace, right? Okay. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: This is Commissioner Russell's district? Commissioner Russell: Yes. Commissioner Diaz de la Portilla: Is that correct? Commissioner Russell: Douglas Park and that area south of US -I, the Douglas Park Station -- the Douglas Road Station. Commissioner Diaz de la Portilla: No, no, no -- right, correct, this area. But this area is -- there's another big development taking place there, right? Commissioner Russell: At the station, yes. Commissioner Diaz de la Portilla: At the station. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: This is adjacent, that's why I need to educate because this -- because I don't have a map in front of me. For some reason, I wasn't left a map. This is adjacent to that development? Commissioner Russell: Not adjacent, no, it's a little north. It's a few blocks north. Commissioner Diaz de la Portilla: It's a few blocks north or whatever. And how many units are we talking about? Commissioner Russell: Not many. Commissioner Diaz de la Portilla: Is there a number? I mean, not many could be a hundred or twenty or ten or five. Commissioner Russell: I'm not the applicant. Either Mr. Garcia or the applicant's representative can speak to the specifics on the number. Commissioner Diaz de la Portilla: Yeah, is Mr. Garcia --? Mr. Garcia, tell me a little bit about this because this is an important point actually because I agree that 37th Avenue -- and I kind of got -- I've been tfying to get away from the parochial nature of when we look at our city. There are places that we can all talk a little bit about, and I know this area very well. So I think the 37th Avenue corridor may be important for us to look at higher density, right? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: To look at a broader vision of what can happen. City of Miami Page 143 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Reyes: At a broader vision, yes. Commissioner Diaz de la Portilla: A broader vision between -- Commissioner Reyes: That's what was referring to. Commissioner Diaz de la Portilla: -- (INAUDIBLE) 27th Street or something like that. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: In that area around the park. So how many units is it? Is it a big, is it a big deal development or is it a --? Commissioner Reyes: No. Commissioner Diaz de la Portilla: I don't think it is, but that's why I want to know. Commissioner Reyes: No, no, I don't think it is. And as I remember, this came before us at the beginning, I think that -- of my, tenure. And I do agree with you, Commissioner Diaz de la Portilla. We should take a good look at it and see if it'd be possible to have a greater density there and have substantial development in that area, which would be a great contribution too. Commissioner Diaz de la Portilla: And so my question to Mr. Garcia is, if we approve this today, are we actually limiting ourselves in what we can do down the line for this corridor? Mr. Garcia: No, not in the least, sir. Commissioner Diaz de la Portilla: How not? Mr. Garcia: Well, they are asking for a zoning change. And so the conversation we're having right now pertains to that zoning change. I recognize that Mr. Fernandez on behalf of the applicants is here as well. In that zoning change, they have the ability to apply for. Our recommendation has been for approval given that the nature of the corridor, as you know, is T4-L, is really a mismatch, right? This is certainly a major transportation corridor. It is within a transportation -oriented development area -- Commissioner Diaz de la Portilla: Correct. Mr. Garcia: -- and the proper zoning on the entire corridor, in our opinion, would be T5-O. T5 because it allows up to five stories with a density of 55 units per acre, and T5-O in particular because it allows for a full mixed -use type of development, which is appropriate along the 37th Avenue corridor. That said, and our report captions this as well, there is admittedly a need for some affordability to be infused into the area as it is those in the lesser ranks of affordability that would be able to take advantage of the already existing transportation (INAUDIBLE) corridor and some proffers of affordability have been received in the past. Commissioner Diaz de la Portilla: You sort of came in and out there, but I think I got the gist of what you were saying. My question is, if we're looking for land to build as many units as we can, are we wasting an opportunity and we're not doing enough here? That's really the question, right? So is there, not the way things have been done in the past, but the way we want to do it in the future. Are we wasting an opportunity to upzone this area? That's my question. Mr. Garcia: Right. So, approximately -- City of Miami Page 144 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Diaz de la Portilla: (INAUDIBLE), Mr. Fernandez. Ms. Gouin: -- a year and change ago (INAUDIBLE) -- oh, my apologies. 1 yield. Commissioner Diaz de la Portilla: You 're breaking up. Ben Fernandez: Can you hear me now? Commissioner Diaz de la Portilla: Yes. Mr. Fernandez: Okay, thank you, Commissioners. Ben Fernandez, 200 South Biscayne Boulevard on behalf of the applicant. You know, 1 can show you on the map how it makes sense to certainly increase development intensity on this site. Essentially, the properties on the north side of Douglas Park are T6-8. So what you have is essentially a change from T6-8 and anybody that's familiar with Douglas Road knows that what has happened closer to Coral Gables near Coral Gables Hospital are 20-story apartment buildings that do very well and provide, you know, some of them provide workforce housing at the higher levels, I think. And certainly this is the gap between those areas and the Metrorail station. This Commission found it appropriate to rezone this parcel from T4, the adjacent parcel rather, from T4 to T5, and this is just a smaller additional piece, approximately 16,000 square feet. The density increase would be 11 units, is what we're talking about here. So this is, to further what Mr. Garcia was saying, this is a necessary step in order to bring the development intensity to a level that is on par with what is on the north side of Douglas Park, should you choose to do that, which would be closer to a T6-8. Doesn't have to be the same height, it could be a more dense development at a lower scale, if that's more appropriate for the neighborhood, but I think that there 's certainly an opportunity to bring smaller units closer to the train within the pedestrian shed of the Metrorail station. And this is clearly within the pedestrian shed of the station. So what you have are competing goals in your master plan. Of course you want to increase affordability, but you also need to recognize that the areas around all of our train stations have remained undeveloped for years, despite the fact that we 've had a train. 27th Avenue, Commissioner, your district, Commissioner Russell, has remained entirely undeveloped. Now you've got the Terra project, and that's great, but you know, nothing has happened on the north side of that station for various reasons. It 's not your fault, but going back, there have been appeals, challenges to development. 37th Avenue is finally happening, but this area, which is just north of Bird Road around the Florida Power and Light substation, I might add, has been ignored. Has been ignored. Nobody knows if it's Coral Gables. You know, Coral Gables has blocked off streets to it. Residents can't go in there, so they're not welcome in Coral Gables. 37th Avenue looks like a (INAUDIBLE) -- Commissioner Reyes: You live in Coral Gables'? Mr. Fernandez: I'm sorry? Commissioner Diaz de la Portilla: Who's not welcome -- who's not welcome in Coral Gables? Commissioner Reyes: Who's not welcome there? Do you live in Coral Gables? Mr. Fernandez: No, I don't live in Coral Gables. I live in the City of Miami. But they've blocked off -- Commissioner Reyes: Yeah, I know, I know, I'm just kidding you. City of Miami Page 145 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Mr. Fernandez: -- they've blocked off those streets, you know, Commissioner? Those streets are blocked off. Commissioner Reyes: Yes, you're absolutely right. Mr. Fernandez: Yeah. So this is a strange -- this is a strange pocket of -- Chair Hardemon: At least we know that they're -- Commissioner Diaz de la Portilla: We know the City. We know the City, Mr. Fernandez. We know the City. Chair Hardemon: At least we know when they (INAUDIBLE) it -- Vice Chair Carollo: Commissioner. Chair Hardemon: -- that wasn't allowed there. Vice Chair Carollo: Commissioner Russell, this is your district. Would you like for this to be deferred? Chair Hardemon: Commissioner Russell, you're recognized. Commissioner Russell: Thank you, and I really appreciate that, Commissioner Carollo. 1 do want to --1 do not want to assume that this part of my district will no longer be part of my district beyond redistricting. If it goes that way through the analysis and the community meetings and everything -- Vice Chair Carollo: But it's your district now. Commissioner Russell: It is, it is, and I love (INAUDIBLE) Golden Pines. Vice Chair Carollo: Well, you know, the future, I don't know what it'll be. It's your district now, do you want to defer? I'll second if you do. Commissioner Russell: Yeah, let's -- I'd be -- Mr. Fernandez: We're happy to work with you between first and second reading, if it's a question of the extent of the contribution. Vice Chair Carollo: Well, you know, Commissioner Russell made a good point. Mr. Fernandez: This has already been deferred once. Vice Chair Carollo: You're getting 11 more units. $10,000 for 11 more units that under the present zoning you're not supposed to get is not -- Mr. Fernandez: But we already -- Commissioner, we already proffered $100,000 in response to your requestfor 18 units previously so -- Commissioner Russell: Mr. Fernandez, just a moment. It goes beyond that. (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Carollo: And that wasn't a lot, frankly. Commissioner Diaz de la Portilla: We shouldn't be having a debate -- either it's debate between commissioners or, you know, it's not a debate with, you know -- City of Miami Page 146 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Russell: Correct, Ijust want to be -- Commissioner Diaz de la Portilla: -- debating between Commissioners, right? Commissioner Russell: But before -- Commissioner Diaz de la Portilla: And I agree with Commissioner Carollo. Commissioner Russell: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: 1 agree with Commissioner Carollo. He's a commission -- he's the district commissioner. If you want to defer, I'll support you also on that. Commissioner Reyes: I'll support you also. Commissioner Diaz de la Portilla: And we'll move forward and we don't have to waste time with this anymore. Commissioner Reyes: Yeah. Commissioner Russell: Right, but I just wanted one last comment on the record. Not only is the proffer different from a financial perspective, the proffer of units, Commissioner Reyes negotiated that it would be in the previous zoning for the abutting property that was also represented, it would be at the City AMI. And this proffer is at the County AMI, which is much higher. So they're not offering as much money and they're not offering as much debt of affordability. So I would appreciate a deferral. And Mr. Fernandez, I'm happy to work with you. My door is open and we will get this done. Commissioner Diaz de la Portilla: I think it's important, Commissioner. I think it's important, Commissioner Russell, that you made a great point. You need to give more, Mr. Fernandez, to our City. You really do. And because that's what we're looking for here. We're looking for more for all citizens and all people that are investing in our city to contribute more to our city. And that's sort of the angle that I'm coming from. Not more than you can give, but more than you're giving. So I think the commissioner, I agree with the commissioner from the district that we defer it and you got further conversations going forward. Commissioner Reyes: You move it and I'll second it, Commissioner. (MULTIPLE PARTIES SPEAKING IN UNISON) Chair Hardemon: It's been properly moved and seconded. Vice Chair Carollo: The other 18 units for the $100,000 they proffered came to $5,555 and change per units. So if we go with that $5,555 and change, we should be getting about $61,100 plus for the 11 additional units. And that's a heck of a deal, let me tell you. Chair Hardemon: The -- Vice Chair Carollo: We gave you a fire sale before. Chair Hardemon: PZ.15 and 16 have been moved to defer. Do we have a date definite? City of Miami Page 147 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Russell: November meeting, Mr. Chairman. Chair Hardemon: Okay, November meeting. Seeing no further discussion, all in favor of that motion, say "aye. The Commission (Collectively): Aye. Chair Hardemon: Motion carries. PZ.16 ORDINANCE First Reading 7679 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-L, "GENERAL URBAN TRANSECT ZONE — LIMITED", TO T5-O, "URBAN CENTER TRANSECT ZONE - OPEN", OF THE PROPERTIES LOCATED AT APPROXIMATELY 2824 AND 2828 SOUTHWEST 37 AVENUE MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER ACCEPTING THE VOLUNTARILY PROFFERED COVENANT IN THE SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item PZ.16 was continued to the November 19, 2020, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.16, please see Item Number PZ.15. City of Miami Page 148 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PZ.17 ORDINANCE First Reading 7890 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS", ARTICLE I, SECTION 1.4, TITLED "DEFINITIONS OF LANDSCAPE REQUIREMENTS", ARTICLE 3, SECTION 3.12, TITLED "DESIGN GUIDELINES, NEIGHBORHOOD CONSERVATION DISTRICTS, AND NEIGHBORHOOD REVITALIZATION DISTRICTS", ARTICLE 3, SECTION 3.6.10, TITLED OFF-STREET BICYCLE PARKING REQUIREMENTS", ARTICLE 4, TABLE 4, TITLED "DENSITY, INTENSITY AND PARKING", AND ARTICLE 4, TABLE 7, TITLED "CIVIC SPACE TYPES", TO PROVIDE FOR FUTURE OPPORTUNITIES FOR STREETSCAPE ENHANCEMENTS THROUGHOUT THE CITY OF MIAMI; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING 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 Number PZ.17, please see "Public Comments for all Item(s) " and Item Number PZ.3. City of Miami Page 149 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PZ.18 8032 Commissioners and Mayor - PZ ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING APPENDIX J: WYNWOOD NRD-1 - NEIGHBORHOOD REVITALIZATION DISTRICT - OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY, BY AMENDING SECTION 2.1, TITLED "PURPOSE AND INTENT", ARTICLE 3, TITLED "GENERAL TO ZONES", SECTION 4, TABLE 2, TITLED "TABLE 2. T5 - URBAN CENTER ZONE" AND "TABLE 2. T6 - URBAN CORE ZONE", ARTICLE 5, TITLED "SPECIFIC TO ZONES", ARTICLE 9, TITLED "LANDSCAPE REQUIREMENTS", ARTICLE 10, TITLED "SIGN REGULATIONS", AND SECTION 8, TITLED "STREET MASTER PLAN", TO MODIFY STANDARDS FOR PARKING FOR DEVELOPMENTS LESS THAN 10,000 SQUARE FEET, ALLOW PARKING WITHIN MEZZANINE LEVELS, AND THE ESTABLISHMENT OF THE WYNWOOD STREETSCAPE MASTER PLAN WITHIN THE NRD-1 BOUNDARIES; FURTHER AMENDING SECTION 3.3, TITLED "LOTS AND FRONTAGES", TO ESTABLISH A PROGRAM TO ALLOW LOT ASSEMBLAGES EXCEEDING MAXIMUM LOT AREA WITH PUBLIC BENEFIT CONTRIBUTIONS; FURTHER AMENDING SECTION 3.5, TITLED "WYNWOOD TRANSFER OF DEVELOPMENT RIGHTS PROGRAM", TO ESTABLISH A PROGRAM TO ALLOW UNUSED DENSITY THROUGHOUT THE NRD-1 BOUNDARY TO BE TRANSFERRED FOR THE BENEFIT OF AFFORDABLE/WORKFORCE HOUSING, CIVIC OPEN SPACE AND LEGACY USES, THE ABILITY TO PAY INTO THE AFFORDABLE HOUSING TRUST FUND TO OBTAIN ADDITIONAL DENSITY, ALIGNMENT OF THE AFFORDABLE/WORKFORCE HOUSING BENEFIT TO THE MIAMI 21 CODE'S STANDARDS, AND A CALIBRATED ATTAINABLE MIXED INCOME PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING 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 Number PZ.18, please see "Public Comments for all Item(s)" and Item Number PZ.3. City of Miami Page 150 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 PZ.19 7997 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CLOSURE, VACATION, ABANDONMENT, AND DISCONTINUANCE FOR PUBLIC USE OF FIVE (5) STREETS GENERALLY LOCATED WITHIN THE ROADWAY BOUNDARIES OF NORTHEAST 23RD STREET TO THE SOUTH, NORTHEAST 24TH STREET TO THE NORTH, NORTHEAST 4TH AVENUE TO THE WEST, AND BISCAYNE BAY TO THE EAST, NAMELY NORTHEAST 5TH AVENUE, NORTHEAST 6TH AVENUE, NORTHEAST 7TH AVENUE, PORTIONS OF NORTHEAST 23RD TERRACE, AND PORTIONS OF NORTHEAST 24TH STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-20-0357 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 Number PZ.19, please see "Public Comments for all ltem(s) " and Item Number PZ.3. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 151 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 FL - FUTURE LEGISLATION FL.1 ORDINANCE 7849 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I/SECTION 54-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "STREETS AND SIDEWALKS/IN GENERAL/ USING STREET OR SIDEWALK FOR DISPLAY PURPOSES, EXCEPTIONS; PERMIT AND FEE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN FL.2 ORDINANCE 8040 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.1, ENTITLED "DEFINITIONS OF BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3)" RELATED TO INDUSTRIAL USES; AND ARTICLE 3, SECTION 3.11 ENTITLED "WATERFRONT STANDARDS," ADDING LODGING AS A USE CONSIDERED FOR THE DESIGN STANDARDS; AND ARTICLE 4, TABLE 3, ENTITLED "BUILDING FUNCTION: USES," MODIFYING REGULATIONS FOR DENSITY AND USES FOR THE DISTRICT ZONE; AND ARTICLE 4, TABLE 4, ENTITLED "DENSITY, INTENSITY AND PARKING," RELATED TO THE DISTRICT ZONE, PROVIDING REGULATIONS FOR DENSITY, INTENSITY, AND PARKING TO ADDRESS LODGING USES WITHIN THE D2 AND D3 TRANSECTS WITHIN THE DISTRICT ZONE; AND ARTICLE 6, SECTION 6.1, ENTITLED "INTENT AND EXCLUSIONS," MODIFYING TABLE 13 PROVIDING SUPPLEMENTARY REGULATIONS FOR THE D2 AND D3 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: DISCUSSED Chair Hardemon: I have a question. It's for the City Attorney before we close out FL.2, right, the zoning test code, lodging in certain districts, that was something that I indicated to the Administration that I wanted to sponsor. But for some reason it ended up on the future legislation, which of course is a much longer track of time. Now, the question I have for you is that, of course, I want to pull this from future legislation. It's on the agenda. Everyone sees it. Would this be properly noticed if it's on the agenda, or is this a process that's not here on this agenda that I need to be aware of that would make this fall out of proper notice? Victoria Mendez (City Attorney): Right, so it's on -- listed as future legislation, but I believe it's already been placed on an agenda. I think the Administration would have to confirm that for this item. City of Miami Page 152 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Arthur Noriega (City Manager): Yeah, it's actually scheduled for December. Chair Hardemon: Right, I mean, that's very far away. 1 fully -- I mean, December is what it would normally do. That's like the 90-day process. But I specifically indicated that I want to co-sponsor -- that I wanted to sponsor this item so it can be heard much quicker. I expected it to be on this agenda. I was told it was going to be on this agenda. I didn 't think it was going to be on this agenda as future legislation. And so -- Ms. Mendez: You could place it on the November 19th if you're going to sponsor it. Chair Hardemon: Right. No, I understand that. But my question to you is, with the way that it is on the agenda today, is it properly noticed? Like for instance, if I want to hear this item today, what will stop me from hearing this item today? Ms. Mendez: The problem is that right now you have it technically noticed as fixture legislation for today, and then you have it noticed to be on the December agenda. So there are probably people waiting to comment on -- at that time. I mean, it's a little different than when you bring in maybe a pocket item that we 've done in the past, but that's when, you know, there's some sort of emergency, some sort of reason why you would like to hear it. So, in a perfect world, we would bring it on the 19th because we're talking about it today and we're saying, okay, we're not going to bring it on December, we're going to bring it on the 19th. Chair Hardemon: I just want it to be noted for the record that this is an item that I asked to sponsor, and so it should have been on this agenda. So what I'll ask of my colleagues is to have this item placed on the 19th agenda, of course I won 't be here (INAUDIBLE) to be heard. Commissioner Reyes: Through the Chair, through the Chair, and I was going to propose that. I know that this has been an item that you have been talking about and you have been promoting. And when is our next meeting? The meeting in November is the 19th, right? Chair Hardemon: Yes. Ms. Mendez: And I believe this is an item that needs a Planning and Zoning Appeals Board as well. Commissioner Reyes: Madam City Attorney, I'm going to ask you, I'm going to ask you, and I'm going to ask all Planning and Zoning and all of that to do everything that is possible to expedite it and bring it and do all the necessary advertising and notice to everybody that for public comment to bring it on the 19th to the last date that Chairman Hardemon be with us. No, I mean, as the Chair, because you're going to go someplace else. But 1 mean, he -- Commissioner Diaz de la Portilla: No, no, he'll be gone by the 19th. Chair Hardemon: I'll be gone the 19th. Commissioner Reyes: What -- what -- Commissioner Diaz de la Portilla: Yeah, he'll be gone, yeah, yeah. Commissioner Reyes: What -- what -- what -- Commissioner Diaz de la Portilla: (INAUDIBLE) on the 18th, right, Chair? Commissioner Reyes: On the 18th? City of Miami Page 153 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Chair Hardemon: The last (UNINTELLIGIBLE) I'll he there is the 17th. Commissioner Diaz de la Portilla: 17th, the 17th. Commissioner Reyes: But -- but -- but is there a meeting on the 17th? I mean, do we have any meetings before he leaves? Vice Chair Carollo: Yes. Commissioner Diaz de la Portilla: Oh, yeah, we have three meetings, including -- before he leaves, two. But one is to name his replacement. Commissioner Reyes: When is the last meeting that he's going to be here? Commissioner Diaz de la Portilla: The l6th. Commissioner Reyes: The 16th I want to -- instead of the 19th, I want -- I'm asking you, Madam Chair. Commissioner Diaz de la Portilla: So we can make like a -- that meeting is to deal with the marina issue and we can maybe deal with this issue too. Commissioner Reyes: Yes. Ms. Mendez: So what -- you would have to call for a special meeting to deal with this issue. Commissioner Reyes: Can we include this in the special meeting that we're going to have for the marina? Ms. Mendez: You would need to call -- you already called a special meeting. Commissioner Diaz de la Portilla: We'll call another one. Commissioner Reyes: We'll call another the day before. Ms. Mendez: No, call another one to be concurrent. Commissioner Reyes: The day before. The day before and that's it. Ms. Mendez.: To be concurrent with that one. Commissioner Reyes: The day before. Chair Hardemon: Well, no, you know, you can actually, what you can actually do, you can call a special meeting on the same day. Commissioner Diaz de la Portilla: On the same day. Commissioner Reyes: At a different hour. Commissioner Diaz de la Portilla: At 2 o'clock, at 2 o'clock in the afternoon. Commissioner Reyes: At a different hour. Okay, special meeting at different hour. Commissioner Diaz de la Portilla: Yes. City of Miami Page 154 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Ms. Mendez: Now this item also has to go to Planning, Zoning and Appeals Board. Commissioner Reyes: Send it to -- Ms. Mendez: (INAUDIBLE) before. Commissioner Reyes: When is the next Planning and Zoning Board meeting? When is the PZAB (Planning, Zoning and Appeals Board) meeting? When is the next meeting? Chair Hardemon: You're recognized, Mr. Garcia. Francisco Garcia (Director, Planning): Thank you, sir. That is already in place. The item has been to the Planning, Zoning and Appeals Board. Briefly to clam, the reason why it could not be placed on this agenda is because this item needed the approval by the Department of Economic Opportunity of the comprehensive plan amendments and those that have been received at the time of the publication of the last agenda. It has already been placed on the November l9th agenda. If the Commission wishes to place it earlier, we're ready to do so now. Commissioner Reyes: Okay, let's move it to the special meeting agenda. Vice Chair Carollo: What item is this again? Chair Hardemon: That's the FL.2. Commissioner Reyes: Future Legislation 2. Vice Chair Carollo: Future? Commissioner Reyes: FL.2. Chair Hardemon: FL.2. Commissioner Reyes: FL.2. Mr. Garcia: Yes, sir, because also, if I may, through the Chair, there is also a requirement then that along with this particular amendment, we hear the second reading of the comprehensive plan amendments. That's already also ready to go forward. We can schedule both of those for the special meeting if you'd like. END OF FUTURE LEGISLATION City of Miami Page 155 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 NA.1 8087 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO COMMENCE NEGOTIATIONS WITH THE DAVID AND LEILA CENTNER FAMILY FOUNDATION INC. FOR A POTENTIAL DONATION OF TEN MILLION DOLLARS ($10,000,000) TO INVEST IN PARK SPACE IN THE CITY OF MIAMI, SAID NEGOTIATIONS SHALL INCLUDE PUBLIC MEETINGS, SHALL INCLUDE THE SCHOOL BOARD AND THE OMNI CRA, SHALL DISCUSS PUBLIC ACCESS IN A SIGNIFICANT WAY TO THE DONATED PARK SPACE; FURTHER DIRECTING THE CITY MANAGER TO BRING THE RESULTS OF THE NEGOTIATIONS TO THE CITY COMMISSION AT A FUTURE MEETING. ENACTMENT NUMBER: R-20-0352 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For additional minutes referencing Item Number NA.1, please see "End of Consent Agenda." Chair Hardemon: At this time, Fm going to open up public comment. Each member of the public has two minutes to address this body. Please state your first name and your last name, and you may state your address, what it is that you're here to speak about. And what we'll do is we'll open up the public comments for the people who are live at City Hall at the lectern. So we'll open up public comment for them first, then we'll move to the live callers, and then from there we'll have the recorded comment. So public comment is now open. Madam City Attorney. Victoria Mendez (City Attorney): Chairman, I think the Vice Chairman said he had a pocket? Chair Hardemon: Oh, yeah, I'm sorry. Let's (UNINTELLIGIBLE) do that. Mr. Vice Chairman, can you read the title of your pocket item? Vice Chair Russell: Thank you, Mr. Chairman. It's just rather simply a direction to the Manager to begin negotiation on a donation that we received word of a potential donation of $10 million from the Centner Foundation to invest in park space in the City, of Miami. I just want to make sure the direction includes that that negotiation will include public meetings, public access in a significant way to this park space, include the School Board -- this is for 150 Northeast 19th Street. The School Board is -- has also been in talks with the City as well as the CRA (Community Redevelopment Agency) regarding expansion of iPrep. I want to make sure they're at the table. And of course -- yeah, so it's really a direction just to begin negotiation on the receipt of this donation and how this will work with the City so you can bring something back to us in an official manner in a future meeting. Chair Hardemon: Okay. I have it listed as PI]. And now -- Commissioner Diaz de la Portilla: If I may, Mr. Chair, a couple of things. City of Miami Page 156 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 NA.2 8091 Office of the City Clerk NA.3 8088 City Commission Chair Hardemon: Yes. Commissioner Diaz de la Portilla: We also want to include the Omni CRA in those conversations, and obviously, the School Board has to be included too, so just a caveat to that -- Commissioner Russell's comments. 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: Charles Garavaglia Commissioner Manolo Reyes ENACTMENT NUMBER: R-20-0360 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: A motion was made by Commissioner Reyes, seconded by Commissioner Carollo, and was passed unanimously, to appoint Charles Garavaglia as a member of the Planning, Zoning and Appeals Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Charles Garavaglia as a member of the Planning, Zoning and Appeals Board. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO CEASE AND DESIST ENFORCEMENT OF THE MIAMI-DADE COUNTY CURFEW AS PROMULGATED BY MIAMI-DADE COUNTY MAYOR GIMENEZ IN MIAMI-DADE COUNTY LOCAL EMERGENCY ORDER 27-20, AS AMENDED, AND MIAMI-DADE COUNTY LOCAL EMERGENCY ORDER 30-20, AS AMENDED. ENACTMENT NUMBER: R-20-0358 City of Miami Page 157 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes Commissioner Diaz de la Portilla: So this is a resolution for a no enforcement policy even though it's been stated by our city manager, it's been stated by our mayor, we've talked about it here, but I think it's clear that the governmental leaders make that statement. But this is simply a resolution, and I'm going to read it to make sure that we're on the record with it and everybody's clear about it and the leaders in this community are clear about it. It's a resolution of the Miami City Commission directing the City Manager to cease and desist enforcement of the Miami -Dade County curfew as promulgated by Miami -Dade County Mayor Carlos Gimenez in Miami -Dade County Local Emergency Order 2720, as amended, and the Miami -Dade County Local Emergency Order 30-20, as amended. So, in essence, this resolution calls for no enforcement whatsoever of any curfew at any time, you know, and every business can operate as licensed, duly and properly licensed, of course, as they did pre-COVID-19. That's what this does. Vice Chair Carollo: Let me -- if I may say the following First and foremost, this is under appeal. So I don't know what the Third DCA (District Court of Appeal) or Judge Butchko ruled on the stay. Is there a stay on that order or not, Madam City Attorney? Commissioner Diaz de la Portilla: There is. Victoria Mendez (City Attorney): Right, so right now the Miami -Dade curfew is active. It's a curfew. Chair Hardemon: It's in place. Ms. Mendez: It's in place. Vice Chair Carollo: This should go fairly quick before the Third DCA, correct? Ms. Mendez: Yes, there's -- a briefing should be done, I want to say by Monday, and there should be a determination by next week. Vice Chair Carollo: Okay, I will go along with this until the Third DCA decides, only until then, because I do believe there should be some sort of curfew. And I'm going to tell you why. Look at the numbers. These are the numbers today. We have surpassed 180,000 confirmed cases today, confirmed. It doesn't mean a whole bunch, maybe even some that are here today in the meeting that might have gotten it, didn't know it, or didn't report it. You know, you probably have two, three times the number, but confirmed, 180,497. Death, 3,581. We had 853 new COVID cases today, 853. Now, in my mind, opening up business up to midnight, it includes the vast majority of our business. We're keeping the economy strong, moving, but I'm going to say it again to all of you. If to help a few, this keeps going up, then we're going to hurt those few and everybody else along with it. Because we might have to come back and start shuttering places again, the last thing that we want to do. And you know, I hope these numbers don 't go up anymore, but I'm seeing in the streets, unfortunately, a lot of people, you know, think they can't get it. And if this jumps really high again, (UNINTELLIGIBLE), where our hospitals are going to be, I mean, just totally full and beyond. I don't know. Look at Europe right now, how they're getting hit. So I want to be realistical [sic_, and for all of us to understand what we're dealing with here. This is serious. I really don't give a hoot and there's no money in the world for them to convince me that we got to open up 24 hours. for certain businesses that stay open up City of Miami Page 158 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 24 hours and they could make the big bucks whether it's screwing up the whole rest of the town. And all the people who we talked about here that, oh, we got to help these business people, you know we're doing? We're throwing them under the bus. But I also understand that this will be heard quickly and nothing prevents the County, that has three times the manpower that we do and more, to come into the city and enforce it. Commissioner Reyes: Yes. Vice Chair Carollo: Nothing whatsoever, And I hope they do. So, I will vote for this, not that we really need to, but 1 will vote for it until there is a determination by the Third DCA. If that is different than what Judge Butchko ruled on, then 1 would hope that we can have a special meeting to discuss it, in particularly, in particularly, if these -- Commissioner Reyes: Numbers. Vice Chair Carollo: -- statistics keep going up. If we keep getting seven, eight hundred, a thousand or more per day, then we need to be very careful in what we 're doing. Chair Hardemon: Is there any other person who wants to speak? Commissioner Reyes: Yes, Mr. Chair. I think that which -- the only thing that this resolution is going to bring is that the, you see, at this time, there's the businesses, they don't know what they're going to do, particularly in the City of Miami. And what this is going to do is we're going to reassure our businesses that they are complying with the law and until -- and I agree with Commissioner Joe Carollo -- that the Third DCA rules that the County is the one that has the right, then we will -- I will vote in favor of this, but then, I mean, subject to the ruling of the Third DCA, because I will never go against the court ruling. If a court ruling is that the County has the authority, then I agree we should meet again and take proper action to, I mean, to do away with this resolution. But a question that I have, and I think you, Commissioner Carollo, answered it, you see, even if we pass this resolution, and I do understand what the Senator is trying to do, it is trying to give assurance to our businesses that they can operate without looking over their shoulder. And even if we pass this, as I expect we're going to pass it, what precludes the County to come in and out of their own will and come into our neighborhoods and start fining, giving fines to our businesses, you see? And that is the dichotomy that we have now, vou see. I mean, because it is the uncertainty in which we have been living for the past six, eight months, you see. I know that they, as Commissioner Carollo said, they have a huge manpower, and they can come in and say, okay, now you are defiant, now I'm going to show you, and come and start penalizing those businesses that are -- the same businesses that we want to help. I mean, this is a fine line that we're walking. But I do agree that we have to bring some certainty, and the Third DCA is the one that is going to have the last word. Commissioner Diaz de la Portilla: And if I may, Mr. Chair, I will tell you that -- first of all, thank you, Commissioner Carollo, and thank vou, Commissioner Reyes. There is -- the reason why I bring this be,kwe us is exactly for what Commissioner Reyes said. There is no -- we need to reassure our businesses that they're complying with the law. The reason why I proposed it to begin with is because I have not found any scientific evidence that says that you're more likely to get COVID-19 at 11:59 than 12:01. So the time that you're out and about doesn't impact the possibility of you getting the disease, right? So to me, it was arbitrary whether it was 11 o 'clock or 12 o'clock. Commissioner Carollo, you remember back then that we had a great debate on the dais about the need for a curfew and stay at home order when the crisis started. And I was in complete agreement with you that we needed to have a curfew City of Miami Page 159 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 and we needed to have that stay at home order in place. And the whole commission agreed on that. But our businesses need to know that they can open because other people are opening in Sarasota and Fort Lauderdale and Naples. So people are not -- Commissioner Reyes: Hollywood. Commissioner Diaz de la Portilla: In Hollywood. People are going out there. Commissioner Reyes: Dania. Commissioner Diaz de la Portilla: People are going out. And we live in a free society. If people don't want to go out and don't want to take what they consider to be a risk, then they don't go out. They stay home. People are going out. People are not stopping from going out. They're just not going out in our city. They're going out in Hollywood, in Fort Lauderdale, and other parts of the state. So our dollars that could be spent here are being spent somewhere else and someone from Miami and downtown Miami will go to Hollywood or Las Olas Boulevard, they get the disease, they come back home. So to me I didn't find any scientific evidence, I don 't see any scientific evidence of what a curfew does to stop that rise in cases. Vice Chair Carollo: Let me explain it to you. Let me -- Commissioner Diaz de la Portilla: Well, I mean -- Vice Chair Carollo: -- give you -- Commissioner Diaz de la Portilla: I understand that -- Vice Chair Carollo: Whenever you like, I will explain to you the difference. Commissioner Diaz de la Portilla: Okay. Vice Chair Carollo: The difference is that the longer the night gets, the only people that stay out late at night are those that are going to be in locations that are serving alcohol. The more alcohol that you take in, the least your brain functions better. And then instead of trying to stay a safe distance from someone or speaking in a lower voice, you're going to be speaking in a higher voice, you're going to be throwing your saliva, your COVID-19 germs if you have it, flying higher, so it could get people closer to you and those not that close to you. And that's the difference. Alcohol, especially in places that don't have food or very little food that they give, because where they make the money is in the alcohol, in the 15 to 20 dollar drinks, impairs individuals. So scientifically, I will tell you that for those reasons, there is a higher percentage of people that would get infected. Now I would agree with you that if you take that out of the way, and you don't have that factor then you're right. It don't matter whether it's 3 in the morning or 3 in the afternoon, you're not going to get any sicker or have more of an opening for COVID-19 to attack you. But if you're out late - - and look, I saw it this past weekend. It was a free for all in many parts of our city. Practically every establishment that we have in the City of Miami that either served a substantial amount of alcohol or depended fully on alcohol, it was a free for all, across the board, across the board. There was not even social distancing being practiced in restaurants that you would look at them, it was every table, people on top of people. But then you would go to Versailles, La Carreta, and all those other restaurants, and boy, they were keeping their social distance at the table and doing what they're supposed to. And those are the places that to save a few and make a few get richer quick and bring more money quicker, that we're going to kill. We're going to kill them and the vast majority of our businesses that we have in the city that are not alcohol dependent. And you know, those are facts. Look, I've spoken to experts. You all know that from day one before even our mayor got infected, I brought in one City of Miami Page 160 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 of the hest experts we have in Florida, and I dare say in the country, Dr. Marty. And 1 've been speaking to her regularly. And this is how I'm basing my opinion. Now, I'm going to he blunt with you, Commissioner. I don't like voting for this. I'm doing it in part out of respect to you and at the same time understanding this is for a short time and it might he confusing. But I am really surprised of the numbers that I was seeing already coming up that we were day after day in the 500s. All of a sudden, we're at 853 today. We're over 180,000 confirmed cases. This is starting to, you know, get ugly and we 're beyond the five percent again of people that are getting tested and they're coming positive. And you know what I don't want to see is that for everybody again we 're going to be in a position that we have to put -- that we're going to have to put real serious curfews. I don't want to see that again because our society can't live with that either. And 1 think we all know that. You know, if the COVID-19 doesn't get you, going broke and our economy as a whole going south kills you. So what I've been trying to say is that we have to find a balance here. I don't believe that balance is a free-for-all that's 24-7. And that's all that I'm saying. So you know, I will vote for it -- Commissioner Diaz de la Portilla: Thank you, Commissioner. Vice Chair Carollo: -- with the request that I made that, you know, it could be brought up if the Third DCA has a ruling that's different than Judge Butchko, which I will say this publicly, I have a lot of respect for her. I think she's a good judge and she made a decision I believe based on the law. She probably didn 't want to make this decision but I'm sure she read the law and saw that she had no other way to go but rule with the law. Chair Hardemon: Are there any other comments? Now, I'll say that from the very, very beginning in my role as president of the League of Cities, we were saying that to our constituents, you 're safer at home. And that message was always about the fact that COVID-19 was reality and that people are getting sick. I know personally many people who fell victim to COVID-19. And the people that I know, many of them, of course, lived. There are people that I know that know other people that did not survive. A lot of strange things have happened during this season. But I will say, as always, you're safer at home. Right now, people go to work every single day. We're going to grocery stores and convenience stores and shopping malls and all these places. And COVID-19 is not going to take a hiatus during the daytime. And unfortunately, a lot of our businesses have suffered because of the closings that we 've had. And when the businesses suffer, the people suffer. And that's particularly why we've had to initiate initiatives that provide for mortgage relief rent relief and things of that nature because of the nature of what we caused through the closing, the mandatory closing of these establishments. If not for government involved in closing these businesses, we know that people would have kept their businesses open and then they would have had clientele that would have come if they chose to leave their homes and patronage their establishments. And had they made their own decision, and a lot of these businesses didn't prosper because people were staving home, it would not have been government's fault. It would have been the individual who chooses to spend his dollar wherever he chooses to go. And so, I mean, I reiterate that message that you 're safer at home. Even if there are lots of places that are open during the evening, and many of our citizenry don't choose to go there. Not everyone visits nightclubs. Not everyone visits adult entertainment. Not everyone visits fast food restaurants. I mean, there are many people, you know, no matter how many times you flash the McDonald's golden arches in front of them, they are not going to eat a hamburger from McDonald's. It just will not happen. There are many people who will not eat a Filet-O-Fish sandwich. That is not real fish. They want fish that is freshly caught from the ocean. And so no matter how long you put it before them, they will not partake in that. And so I look at it the same with cigarettes and other enticements that are there At. everyone to enjoy that the government has deemed to be legal and some have limited their ability to purchase. No matter what, it comes down to the individual City of Miami Page 161 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 decision. And I've always believed that the curfew was something that we had to do, and I've said it on the record before, when we believe that there is a life safety issue for our citizenry. And in many of those ways that we talked about in ternis of for the police to be able to know who are the good guys and who are the bad guys on the street. And that's to me, that's when I start to wonder, when I believe that curfews are most necessary. If there's havoc out there in the streets and police officers need to be able to stop whomever there is about an issue. And I was never necessarily sold that COVID-19 was a reason to do that, because most people are home at nighttime. Most people who are not working, who live within our communities are home. Nightlife, people who are out at night, it's a different world. And there are many people who don't regularly interact with people who work or who spend most of their time out at night, because it's just -- it's a different time. And any of us who actually get in a car and drive around at 2 o'clock, 3 o'clock in the morning, you will see that most of our community is asleep. And there are very few -- and there are places that are open, and they have activity. And that's where the -- those who go out at nighttime are. And they are not a reflection of the entire population. If Miami -Dade County -- for instance, if Miami -Dade County has 2.4 million residents, you know, I don't know what the capacity of LIV is, but it's probably not over 2,000 people, right? And so that's a stark difference in a place that is a major entertainment hub where they drink and they have loud music and things of that nature. And I think that's something that, you know, many times we -- because that's what we focus on, we focus on that red car, we focus on the red car, we're going to always see the red car. I'm not saying that COVID-19 is not a reality. 1'ni not saying that -- in fact, 1 am saying that it is still prevalent. What 1 am saying is that you can contract it in the daytime over music and lunch, the same way you can contract it at nighttime. Vice Chair Carollo: Absolutely, absolutely. Chair Hardemon: So that's my (UNINTELLIGIBLE). Vice Chair Carollo: (UNINTELLIGIBLE). Chair Hardemon: I look at it that way and I'll say in closing that I believe that we're safer at home. If you believe -- there are many people that I know that are my age and younger that are terrified about COVID-19. And they have taken every precaution for the past seven months that is humanly possible. And I wish that they will continue to do so. Because it is what they believe they need to do to protect themselves. I believe that in America, we inherit these, we take our own risks when we do certain things. Some people choose not to drive because it is dangerous to drive a vehicle. A lot of people die in car accidents. Some people are afraid to fly. Even though the numbers don't support the nature that you're more likely to -- well, the numbers support the fact that you're more likely to die in a car accident than you are in a plane crash. But there are people who are just absolutely terrified of plane crashes. And so I'm not here to discredit them or to say that their fear is not noteworthy or not real. It is a real fear. But they choose to live their lives in accordance with their fear. And I believe that if people are afraid of COVID-19, then they should exercise caution in accordance with that fear, which means stay at home as much as possible until the danger has cleared. What I'm afraid of is not necessarily -- it's not about just business. It's about people. It's people who are not necessarily tripping over themselves to go out. It's people being able to provide fbr their families. You know, that person that's making $4.50 an hour for tips and working for tips has been in dire restraints for seven months. And they've tried to find other things to do and some have made decisions that they're not proud of they're things that they'll never share with us. And some of them are trying to find relief through our cities. And I'm surprised, and I think we've done a magnificent job. But I will tell you that the County has frustrated our efforts to help our citizenry. They've made it very difficult .fbr them to reach out to that level of government and actually obtain a benefit. It's been very dicult for all of us to get service. And I'll tell you how -- this is how important that City of Miami Page 162 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 this matter is. On our body, I think we've done a magnificent job as a nonpartisan board to provide relief to the people who live in our communities. It's been more particularly difficult on state and national levels for people to come to an agreeance. But this thing has been so much of a big deal that there as a relief bill that came that the Republicans and the Democrats found common interests to give relief to people. Now there's an argument about whether or not it was enough and whether or not there needs to be more. And I believe everyone agrees that there probably needs to be more, but how you go about doing it is where they've been disagreeing. But in all this time of dis-agreeance, people are still suffering. So what are we going to do? How can we assist? And for me, if lifting the curfew gives thousands of more people the ability to make a living, it gives people -- it doesn't take away their -- anyone else's ability to choose whether or not they want to partake in these restaurants or things of that nature, then I'm fine with that. And I don't think that any of my decision -making, as far as being -- and here, we're not even -- I mean, we're just saying we're not going to enforce. The County has every right to enforce, but what I'm saying is that just from a policy perspective, I just believe that we all deserve the right to choose our own destiny. And that's one of the beautiful things about America. And the emergency ordinance in nature, federal level, state level, county level, this is the power that it gives you, and this is the danger when you have so much power. And then the question becomes, how far are people willing to go in order to assert their rights in the United States of America? And I think that if we 're not careful, that's going to be the next step, that people want to begin to really -- to test that. We're coming now up on Thanksgiving and Christmas. Christmas is typically a time where the haves and the have nots are very clear. It's very, very clear. People do lots of things just to give their children the opportunity to have gifts at the end of the year, because they don 't want their children to be left out, right? This is potentially one of the worst seasons that we're going to have during Christmas. And it 's because particularly people don't have an opportunity to make an honest (UNINTELLIGIBLE). And so that's why, you know, I'm in support necessarily of the item that the Commissioner has brought forth. I don't think as well as you say, Commissioner Carollo, that we have to vote on this. I think that the Manager could really -- he can take notice of what we're saying, because if we choose to vote, we can, we need to open it up a public comment, you know, give our people an opportunity to call in if there's a (UNINTELLIGIBLE), then we close and we have to vote. Vice Chair Carollo: Well -- Chair Hardemon: But all I'm saying -- Vice Chair Carollo: Madam City Attorney. Hello? Is this in any way something that some other people with other intentions could use to turn around and say that we 're giving orders to the manager? Unidentified Speaker: Correct it. Ms. Mendez: This is a policy decision. It's your policy decision. [Later...] Chair Hardemon: Commissioner, before you continue on, let me just do this. Commissioner Diaz de la Portilla: Can we vote on this? Can we vote on -- Chair Hardemon: Open up the floor for public comment so that while (UNINTELLIGIBLE) talking, you know, we have time for public comment to come in. Commissioner Diaz de la Portilla: That's good, that's good. And so then I'll filibuster, as Commissioner Reyes did earlier today, very effectively, though I may City of Miami Page 163 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 add. I was going to compliment you on that before the meeting ended, Commissioner Reyes, until we had a full (UNINTELLIGIBLE). Commissioner Reyes: Let me tell you this. Remember that 1 watched you a lot of times. Every trip that I took to Tallahassee, and when you were president, I saw you, man, and you were a master at it. Commissioner Diaz de la Portilla: I said, I said, I said (Comments in Spanish not translated). I said, so he's just going on and on. I said, I love this. So, you know (UNINTELLIGIBLE) -- Commissioner Reyes: Well, 1 learned it from you guys. Senator, you were a master. Commissioner Diaz de la Portilla: It's already open for public comment, so that's good, so that people can comment on this resolution. [Later...] Vice Chair Carollo: But anyway, we have your motion, right? Or did we vote on it? Chair Hardemon: Right, so -- Commissioner Diaz de la Portilla: 1 think the Chair was opening public comment and closing it,1 believe. Chair Hardemon: Has there been any (UNINTELLIGIBLE) that's called in? Have we had anyone respond for public comment? Vice Chair Carollo: Anybody? Unidentified Speaker: No, only (INAUDIBLE) -- Commissioner Diaz de la Portilla: Mr. Hannon. Unidentified Speaker: -- open right now. Commissioner Diaz de la Portilla: Mr. Hannon, did you fall asleep? Todd B. Hannon (City Clerk): No, sir. I need to defer to the producer. I don 't have access to that information. Chair Hardemon: Seeing that nobody has called in, I'll close the public comment at this time. All in favor of the motion on the floor -- Mr. Hannon: Chair. Chair Hardemon: Yes? Mr. Hannon: Moved by Commissioner Diaz de la Portilla. Who is the seconder? Vice Chair Carollo: I second it. Chair Hardemon: Seeing no further discussion, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries. City of Miami Page 164 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 NA.4 8089 City Commission Commissioner Diaz de la Portilla: Thank you, Commissioners. Chair Hardemon: Thank you all very much. DISCUSSION ITEM DISCUSSION BY CITY COMMISSION REGARDING A STATUS UPDATE FROM THE CITY MANAGER FOR THE SELECTION PROCESS OF THE NEW CITY OF MIAMI POLICE CHIEF. RESULT: DISCUSSED Vice Chair Carollo: Okay, so how about the policy decision that 1 haven't heard from the manager on that each of us was going to name a professional police chief or special agent in charge to work with the manager and give him opinions on the applicants for police chief That's not a policy decision? Ms. Mendez: No, that's completely different because it has to do with labor issues in the charter, that you're not supposed to partake in the decisions of the manager's staff Vice Chair Carollo: Okay, well I'll -- Ms. Mendez: It's a little different. Vice Chair Carollo: You've given me a legal opinion on this, so that's fine, you know. But I just wanted to see what you would tell me in the other. Because I don't know about any of you, but I haven't heard as to what's going on. I thought I understood that the manager was going to come and speak to each of us. That 's what he said the last time this came up in trying to give someone that could help him in his decision, in his decision only. But since he doesn't have a wide experience in law enforcement, I want to make sure we get him the best people that we can. I know there are some in small police departments that, you know, will try to be helpful but our police department is not a small one. It has many different aspects of a smaller police department. Mr. Manager, where are we at? Were you coming back to us so that we could give you names and you could decide from there or I mean I thought I heard some things from you in the last meeting and then I haven 't heard anything else in that. Arthur Noriega (City Manager): Yeah, so the process currently is obviously open. It closes in terms of receiving applications at the end of this month. If you'd like, I will come meet with each of you individually, kind of give you a status update. Had obviously a great deal of interest from entities and organizations from all over the community. In terms of input, I've listened, taken all of that in. Haven't formalized the process yet internally. I was kind of waiting till the close out just to get a sense of how many applications I receive. But what I'll do is I'll schedule some time with each of you and kind of give you an update and solicit some feedback from you. Vice Chair Carollo: That's fine. Did you have a change of heart in the way you told us the last time you were going to --? Mr. Noriega: No, no, no. I'm still planning on putting together a group of law enforcement professionals to vet the initial batch of applications. So I'll give you -- Vice Chair Carollo: What I want to make sure is that you do it the way you told us you were going to do it. I don't want to, you know, get a Barney Fife type that's going to be the one advising you. City of Miami Page 165 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Diaz de la Portilla: That's a throwback. Mr. Noriega: Yeah, there will -- pretty much a certainty that we won't have anybody from Mayberry USA as our next (INAUDIBLE). Vice Chair Carollo: Look, Art, this is an extremely important decision that we've got to do right by the City. And we have to bring in a real professional. I don't care what their name is, how they look, what their race is, what their religion, where they come from. I want a real professional that's going to have a hell of a task in putting this police department together. And I don't want a political decision corning out. I'm trusting you in this. Now you mentioned when we spoke about this last that you were going to do a process and go back to the minutes and see what you said at the time and what I'm trying to -- you obviously have a right to change your mind, but what I'm trying to get you back in line and making sure that we're going to give you the best tools in choosing from. Mr. Noriega: I have not deviated at all from my prior commitment and we 're going to have a robust process that will include, as I mentioned before, both internal and external candidates. And the applications that have been submitted to date reflect that. Vice Chair Carollo: How many applicants have we had so far? Mr. Noriega: Oh, 1'd have to get Angela to give me a kind of -- Vice Chair Carollo: Approximately. You have any idea? Mr. Noriega: Probably, I'd say that meet -- met the qualifications, probably in the 40 range. Commissioner Reyes: Okay. Vice Chair Carollo: Any police chief from Portland, Seattle, Chicago, New York? Mr. Noriega: Commissioner, I have no idea. Specifically, I don't believe there's anybody from Portland or Seattle. No, I've skimmed through the first two weeks of applications and I don't believe there's anybody from either of those cities. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: Mr. Chair, so I would like a vote of the item that we're discussing, the resolution that's on the table. But I do have a comment to make about what Commissioner Carollo said. But I reserve those comments until after we vote on this. Chair Hardemon: Okay. Vice Chair Carollo: You're not playing a Russell on me now, are you? Commissioner Diaz de la Portilla: No, no, I have -- Vice Chair Carollo: Senator. Commissioner Diaz de la Portilla: I don't want to discuss -- Commissioner Reyes: Commissioner Russell. City of Miami Page 166 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Diaz de la Portilla: -- I didn't want to discuss this issue you brought up Carollo, but as always, because you're -- Commissioner Carollo, you are a man with a lot of wisdom and a lot of experience in this government and a lot of institutional knowledge, and the selection of a police chief is a critical issue. Vice Chair Carollo: I appreciate that, but I'm not going anywhere just now. I got another year or so. Commissioner Diaz de la Portilla: No, no, you got more than that. But solely with your -- Vice Chair Carollo: You're doing to me now a Hardemon, you know. Commissioner Diaz de la Portilla: No, no, no, no, no. You got more -- no, you more than that. You got more than that. That's a different conversation. Commissioner Reyes: You're going nowhere, Commissioner. Commissioner Diaz de la Portilla: That's a different conversation but -- Vice Chair Carollo: We can share that street, Hardemon. got Commissioner Diaz de la Portilla: The -- I would like to know who those 40 applicants are, I think. I don't like -- and 1 hate to use the word because it may not be a fair word, but I'll use it anyway -- the secrecy. 1 don't like the lack of information being sent to the commissioners, not -- perhaps because you want to go through a thorough process and you want to vet people, I get that too. But I would like to know if people have applied. I think that you would know, Mr. Manager, what those numbers -- it's 42 or 44, not about 40. I mean, that if someone's a prominent figure in law enforcement that you would know who they are. I don 't like, and again, I want to use this word, the evasiveness of that answer, you don't know how many. So I think the commissioners and the mayor, we're all entitled to have an idea of what you've done so far because we did have this conversation before at the last commission meeting. And I'm sure you're not sitting by and not doing anything since the last commission meeting. You 're working on many things, including this. I don 't like resignations that take three months to come into effect. [Later... ] Commissioner Diaz de la Portilla: But the idea that we -- that this commission, even though we fully understand and fully respect that the manager and the City Charter, only the manager can pick our next police chief. We would like to at least hear what the thought process -- we like to be deliberative about it and talk about it publicly, transparently, so that we know what that process is, how many applicants. It 's just a simple public records request that we don't have to make it ourselves, right? You tell us, look, these are the 42 applications. These are the people, here they are, and I'm reviewing them. And then we say, thank you. We just want to take a look at it. The idea that you have any police chief remain in office or with power; any, not Mr. -- not Chief Colina, or any, just any individual, for three months, a resignation that takes three months, it's a little bit concerning to me, because a lot of decisions are made in that interim. When nobody has a vested interest in what happens after he or she leaves, bad decisions could be made. There's a lesser accountability that exists. So that concerns me a little bit, that length of the resignation period. And so the process for me, the quicker the better, that we have someone in mind, you have someone in niind, at least we can look at who you're thinking about. And like Commissioner Carollo, I don't care, you know, what race, what -- you know, what gender. I care about the most professional police chief we can possibly find that fits the nature and composition of our city, right? And that knows who we are, that's not from Mayberry, City of Miami Page 167 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 like he said. You know, that's from here, that knows what a city of 500,000 people needs. That has that kind of experience, that kind of professionalism that we need for many, reasons. Because we know what's happening in our -- thank God it hasn't happened in our city to the extent it's happened in other parts of our country, but we know what's happening. So there's sensitivities and understanding that you need to have. And all those, you know, parameters that you said, that criteria that you said on how we select a police chief we need to know what that is. We need to know what that selection committee is, who comprises that selection committee, and we have to know who's applied. Just for transparency, to us and to the public. Who's applied, who are the members of the selection committee, what are the -- what's the criteria you set for who you're going to select, so that we have an idea, just for a comfort level, to create a sense of trust and a sense of comfort for all our elected officials here in Miami. And that's it. So 1 agree with Commissioner Carollo. We had this conversation at the last commission meeting. I haven't had an update other than, you know, conversations about this, about that, and well, we have seven applicants, we have seven applicants or ten applicants, whatever, but very -- basically generalities. But I think that you committed to us, and I take you at your word, that you were going to talk to each one of us, and I would have expected you would have done that in detail in the course of from last meeting to this meeting. And I know you've been busy, we've all been busy, there's a lot of things happening. But it's an important decision. This is not naming the head of planning or a particular department in the City of Miami. This is a major monumental decision for the future of our city,, for the stability of our city. Because the most important function that we do as a government is to provide security and safety for our residents. That's number one. And so who is in charge of that effort is of critical importance to every elected official of this city and to everyone that is part of running this government. And that's why I think -- 1 request of you that you please keep us abreast of what you're thinking, what you're doing, who you're talking to, what's going to lead you, and how you're undergoing that decision -making process, how it's going for you. So that we know, and we can also be part of that collective effort. Vice Chair Carollo: But more so, I think that there has to be transparency. The public should see -- I mean, the manager could do it anyway he wants -- but the public should see and hear, and we should have the courtesy of being able to talk to publicly, in a transparent way so everybody could see the finalists that the manager is thinking about. I will tell you I -- I've been looking now for some years at what's been happening in the selection of police chiefs that I'm almost to the point that I'm going to ask the City Attorney to draft a charter change to be placed in November of next year and how police chiefs will be chosen from here on that is going to have to be in a very transparent public way and that this Commission is going to have to make the final decision. Commissioner Diaz de la Portilla: I would support that. Vice Chair Carollo: I don't want to say anything more right now because I don't want to make any decision that the manager makes a little tougher in the sense that maybe some people would get concerned and you know withdraw their application. But this has to be a transparent way in how we do this. You know, we got a police department that 60 percent of it is three years or less. You go to the streets and you see, you know, that we don 't have a seasoned senior police department. You see it in the streets. The manager has talked it over with me, he's seen it himself. It's a concern to him that he's expressed to me. But you know, I don't want to do it the way that it's been done, you know, the last four or more times that, you know, it's got to change. It's got to change. And I'm telling you, one of the things that's got to change is our cops cannot be taking cash from any establishment, whether they serve alcohol or they serve arepas. They have to go by the book in the way that everybody else does. Commissioner Reyes: Okay, we have a motion. City of Miami Page 168 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Commissioner Diaz de la Portilla: 1 want to make sure, Chair, if 1 may just very quickly to add to what Commissioner Carollo said. First of all, 1 don't want you, Manager, to think for any moment that we don't trust you or your judgment, that's not the case here. We do think, at least I do, and I think what Commissioner Carollo said now, that the need for transparency in this particular selection, not about other things that happen in other departments, you know, that's a different conversation that could be had, but the seriousness of this selection means that the people of our city need to know, not us, only us, but they need to know that it was a thoughtful, deliberative, open process so that the cynics and the press in particular, you know, the Miami Herald and all those guys, all those bloggers that we have out there, that they turn around and say, oh, it was done in the darkness and not in the sunshine, oh, it was a cooked deal, it was negotiated behind closed doors. We don 't want that because it's not true. So we want the truth, and the best way to do that is to be very open and very transparent in how we're doing it. And just open your doors and let the sun in and let people know, hey, you know, this is what -- how we did it. This is my process. These are the applications. This is what the vetting process looks like. This is the selection committee. And everybody's like, wow, they did it the right way. They did it as a professional city, government should be doing it, not in any other way. So there 's no cloud over it as we move forward, especially in these times. And that's -- I just want to add that to it, that it's not a reflection of any opinion we have of you, just that I think that we want to alert you -- Vice Chair Carollo: That's true. Commissioner Diaz de la Portilla: -- and I want to alert you, to the magnitude of this decision and the importance of this decision in city government for a city like Miami. And that's it. Vice Chair Carollo: Well, and that's very true what you said, Commissioner. It's not reflective of the manager. This manager, like 90 plus percent of the managers have little or no experience in law enforcement. So it's difficult for them to make that decision. In fact, the only manager that I can think of in our history that had experience in law enforcement ended up being arrested by law enforcement. So, you know, there you go. You know, that necessarily wasn 't -- Commissioner Diaz de la Portilla: A good experience. Vice Chair Carollo: -- a positive, but you know, we need to -- everything you said is -- I agree with, Commissioner. I do believe that Chief Colina's going to do right and you know I'm not having any doubts on his actions either and I appreciate that he's staying this time so that we could make this kind of decision like this that it didn't have to be rushed in how we did it, even though I understand what you stated and that's always a concern. But you know, let's move forward. Maybe we could get from HR (Human Resources) some of the people that have applied. I have no idea, frankly. City of Miami Page 169 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 NA.5 8090 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL CITY COMMISSION MEETING ON MONDAY, NOVEMBER 16, 2020 AT 9:59 A.M. FOR THE PURPOSES OF DISCUSSING AND TAKING ANY AND ALL ACTIONS RELATED TO ALLOWING LODGING USES ON LANDS WITHIN THE CITY OF MIAMI ("CITY") DESIGNATED INDUSTRIAL AND/OR WITHIN THE DISTRICT ZONE AND ANY ASSOCIATED REGULATIONS, INCLUDING BUT NOT LIMITED TO AN ORDINANCE AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES ESTABLISHED IN SECTION 163.3184, FLORIDA STATUTES, BY ADDING TWO (2) POLICIES TO THE FUTURE LAND USE ELEMENT AND AMENDING THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP FOR INDUSTRIAL LAND USE TO ALLOW LODGING USES ON LANDS WITHIN THE CITY DESIGNATED AS INDUSTRIAL; AND AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.1, TITLED "DEFINITIONS OF BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3)" TO MODIFY THE DEFINITION OF INDUSTRIAL; BY AMENDING ARTICLE 3, SECTION 3.11, TITLED "WATERFRONT STANDARDS," TO ADD LODGING AS A USE CONSIDERED FOR THE DESIGN STANDARDS; BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES," TO MODIFY REGULATIONS FOR DENSITY AND USES FOR THE DISTRICT ZONE REGARDING LODGING USES; BY AMENDING ARTICLE 4, TABLE 4, TITLED "DENSITY, INTENSITY AND PARKING," TO PROVIDE REGULATIONS FOR DENSITY, INTENSITY, AND PARKING TO ADDRESS LODGING USES WITHIN THE D2, "INDUSTRIAL", AND D3, "WATERFRONT INDUSTRIAL", TRANSECT ZONES WITHIN THE DISTRICT ZONE; AND BY AMENDING ARTICLE 6, SECTION 6.1, TITLED "INTENT AND EXCLUSIONS," TO PROVIDE SUPPLEMENTARY REGULATIONS FOR THE D2, "INDUSTRIAL", AND D3, "WATERFRONT INDUSTRIAL", TRANSECT ZONES IN TABLE 13. ENACTMENT NUMBER: R-20-0359 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Commissioner Reyes: I don't have anything against it. I don't know if my fellow commissioners, they have. Chair Hardemon: All right, so because we're already having a special meeting I believe on the 17th, right? Commissioner Reyes: Yes, sir. Chair Hardemon: Because we're having a special meeting, what we can do is we can schedule just a minute before or so, well, or an hour, it doesn't really matter. It doesn't make a difference really. The special meeting for this item and whatever City of Miami Page 170 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 accompanies item that Mr. Garcia (UNINTELLIGIBLE) to he there. And so, Madam City Attorney, do we need a motion for that? Victoria Mendez (City Attorney): So then you'll be calling a special meeting to address this issue, correct? And the items that Mr. Francisco Garcia brought up that are going to -- Commissioner Reyes: Yeah, I move it. Ms. Mendez: -- the two items that he wants. Commissioner Reyes: That's right. Ms. Mendez: That he said they should ride together. Commissioner Reyes: Is that a resolution or what? Ms. Mendez: Yes. Commissioner Reyes: Okay, I move that resolution that it would be at a different time if it requires to be at a different time, that special meeting that we have, but it would be on the same day. Chair Hardemon: Schedule it one minute before. Commissioner Reyes: One minute before. Okay, 1 move it. Chair Hardemon: All in favor. Todd B. Hannon (City Clerk): Oh, sorry, sorry, Chair. So there's a motion on the floor for a special City Commission meeting on November 19, 2020 to be at -- Commissioner Reyes: No. Ms. Mendez: No, no. For when the commissioner -- when the chairman is still here. (COMMENTS MADE OFF THE RECORD) Commissioner Reyes: It's going to be the 16th, right? Ms. Mendez: The 16th. Commissioner Diaz de la Portilla: The l6th. Mr. Hannon: November 16th. Commissioner Reyes: The 16th, that it will take place a minute before the special meeting that we have. Ms. Mendez: Todd, you said November 19th, that's why. Mr. Hannon: Oh, I'm sorry. I'm sorry. Commissioner Reyes: No, no. Commissioner Diaz de la Portilla: You can turn the nine upside down. Mr. Hannon: That's a good point. My apologies, commissioners. I'm sorry. So -- City of Miami Page 171 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Chair Hardemon: We're putting things on the 16th. I just want to be clear. Commissioner Diaz de la Portilla: 16th. Chair Hardemon: Is the 16th special meeting? Commissioner Reyes: The 16th, sir. Chair Hardemon: It's not on my schedule right now. That's why I was asking. Ms. Mendez: Todd, can you confirm? Todd, can you confirm that it's the 16th, the special meeting for Virginia Key? Commissioner Russell: It's the 16th. Commissioner Diaz de la Portilla: The l6th, 17th, so it's a replacement meeting. Ms. Mendez: Thank you. Commissioner Diaz de la Portilla: The 16th is the Rickenbacker issue. Ms. Mendez: Thank you, Senator. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: I got my memory. Commissioner Reyes: What do you drink for your memory? (UNINTELLIGIBLE). Chair Hardemon: (UNINTELLIGIBLE) for the motion. Commissioner Diaz de la Portilla: These days, these days, Commissioner, Red Bull. Commissioner Reyes: Oh, my God. Oh, my God. Commissioner Diaz de la Portilla: I'm reformed, I'm reformed in my old age. Chair Hardemon: So the motion -- Commissioner Reyes: I was asking what kind of medicine, you know, maybe vitamins. I was asking about vitamins. Commissioner Diaz de la Portilla: Omega-3, all kinds of natural stuff Chair Hardemon: Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. Thank you very much Ibr that. Mr. Hannon: That will be at 9 a.m. on November 16, 2020, the special meeting, one minute before the other special meeting, which will be addressing Virginia Key at 10 a.m. Commissioner Reyes: Okay. City of Miami Page 172 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 Ms. Mendez: Yes, the only thing that -- if Francisco can clarify or did you get, Mr. Hannon, the two items that have to he on, were you able to get that, which is the future legislation item and there was one more that Mr. Garcia mentioned. Commissioner Diaz de la Portilla: Is it 9:00 a.m. because the special meeting is at 10? Commissioner Reyes: But this is before. Commissioner Diaz de la Portilla: So it's an hour before, it's not a minute before. Unidentified Speaker: 9:59. Commissioner Diaz de la Portilla: 9:59. Ms. Mendez: And if Mr. Garcia could just clan fv the two items, I'm sorry. Commissioner Diaz de la Portilla: But it's -- but it's 9:59, to be clear. Ms. Mendez: 9:59 a.m. Commissioner Diaz de la Portilla: Correct., not 9:00. Ms. Mendez: Okay, for which two items, the future legislation item and which other one, Mr. Garcia? Francisco Garcia (Director, Planning): It will be a second reading of the comprehensive plan amendment to allow for lodging in industrial. We have the file number (UNINTELLIGIBLE) office. Commissioner Reyes: Okay. Okay. Ms. Mendez: Thank you so much. Commissioner Reyes: That should be in the agenda. Chair Hardemon: All right. That's it, everyone. All hearts and all minds are clear? Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: Absolutely. Chair Hardemon: Wonderful. Commissioner Diaz de la Portilla: Oh, by the way, happy birthday. Chair Hardemon: Thank you very much. Commissioner Reyes: Oh, man, happy birthday. (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Carollo: When is the birthday? Commissioner Diaz de la Portilla: A couple days ago, right? Commissioner Reyes: That's right. It's a belated. City of Miami Page 173 Printed on 10/02/2024 City Commission Meeting Minutes October 22, 2020 ADJOURNMENT Vice Chair Carollo: Oh, okay. Commissioner Diaz de la Portilla: Belated birthday. Vice Chair Carollo: Belated -- Happy birthday. Commissioner Reyes: That's right. Okay, guys. Hey, nice seeing you guys. Take good care of yourself okay? Be safe. Vice Chair Carollo: Stay safe. Commissioner Reyes: Bye-bye. Be safe. Commissioner Diaz de la Portilla: Goodnight. Goodnight, everyone. Commissioner Reyes: Goodnight. The meeting adjourned at 7:12 p.m. City of Miami Page 174 Printed on 10/02/2024