Loading...
HomeMy WebLinkAboutCC 2021-01-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, January 28, 2021 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Jeffrey Watson, Commissioner, District Five Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes January 28, 2021 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo, Commissioner Reyes and Commissioner Watson. On the 28th day of January 2021, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Vice Chair Russell at 9:29 a.m., recessed at 12:21 p.m., reconvened at 3:38 p.m., and adjourned at 7:17p.m. Note for the Record: Commissioner Watson entered the Commission chambers at 9:35 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Vice Chair Russell: Good morning. City of Miami to this Commission meeting. Welcome to the January 28th, 2021 meeting of the City of Miami Commission in these historic chambers. 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 quasi-judicial items will be explained by the City Clerk. The members of the City Commission appearing for this meeting are Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, Jeffrey Watson, and me, Ken Russell, the Vice Chair. Also appearing are City Manager Art Noriega, City Attorney Victoria Mendez, and City Clerk Todd Hannon. The meeting will be opened with a prayer and a moment of silence by Commissioner Reyes, followed by the Pledge of Allegiance by Commissioner Carollo. Please stand. Pledge of allegiance and invocation delivered. Vice Chair Russell: Thank you very much. PART A - NON -PLANNING AND ZONING ITEM(S) ORDER OF THE DAY Vice Chair Russell: Madam City Attorney, please state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Any person who is a lobbyists pursuant to Chapter 2, Article 6 of the Code of the City ofMiami, must register and comply with the 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 on lobbies is available at the City Clerk's office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures in writing. A copy of this code section is available at the office of the City Clerk or online at www.municode.com. In accordance with Section 2-33(D and (g), the city code and agenda -- the material for each agenda available during business hours and online 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the chair, and upon registering pursuant to the published notice for not City ofMiami Page 1 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 more than two minutes on any proposition before the City Commission takes action or unless modified by the Chair. Members of the public may call 305-250-5454 to speak directly to the City Commission on agenda items to be heard. Public comments will begin at approximately 9:00 a.m. or thereafter and remain open until the public comment is closed by the Chairperson. Members of the public wishing to address the body may also do so by submitting their written comments via the online form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been distributed to elected officials and will be distributed throughout the day so that the elected officials can consider the comments prior to making any decision. Additionally, the online comment form will remain open during the meeting to accept comments up until the Chairperson closes the meeting. All comments submitted will be included as part of the record for this meeting. Public comment may also be provided live at City Hall at 3500 Pan American Drive, subject to all COVID regulations and restrictions, rules, and procedures. Speakers who appear in. person will be subject to screening for symptoms of COVID-19. Any persons exhibiting symptoms will not be permitted to enter City Hall. All interested parties are required to abide by state, county, and local emergency orders and are urged to practice social distancing. If the proposition is being continually rescheduled, the opportunity to be heard will be at such a 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 notify the City Clerk. Section 286.0114(4)(c), Florida Statute specifically authorizes the city to prescribe procedures or forms for an individual to use in order to inform the board -- 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 different methods to indicate, among other things, that public support, opposition, or neutrality on items and topics to be discussed at the City 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. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Anyone wishing to appeal a 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 www.miamigov.com. PZ (Planning and Zoning) items shall proceed according to section 7.1.4 of the Miami 21 Zoning Ordinance as temporarily modified pursuant to Emergency Ordinance 13903 and 13914. Pursuant to emergency -- those emergency ordinances, parties for any PZ items including applicant, appellant, appellee, city staff and any person recognized by the decision -making body as a qualified intervenor, as well as applicants, representatives, and any experts testifying on behalf of the applicant, appellant, 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 or at their location by an individual qualified person to perform such duty. Pursuant to Emergency Ordinance 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. Members of the City Commission shall disclose any ex-parte communications pursuant to Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. Staff will then briefly present each item to be heard for applications requiring further approval. The applicant will present its application or request the City Commission if the applicant agrees with staff recommendation, the City Commission may provide its -- proceed upon deliberate -- to its -- to deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order presentation shall be as set forth in Miami 21 and the City Code, providing the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing, anything provided to or anyone for agreement to support or withhold objection to the requested action. Pursuant to Section 2-8, any documents offered to the City Commission that has not been City of Miami Page 2 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. When the City Commission takes action or votes on any proposition, it shall do so by roll -call vote, which shall be recorded by the Clerk and included in the record. Anyone wishing to appeal any decision -- I already -- and please silence all cell phone making devices. And that's it. Thank you. Vice Chair Russell: Thank you, Madam City Attorney. I'd like to move to the order of the day. I -- Todd B. Hannon (City Clerk): Chair? I do have a brief statement that I need to make. Vice Chair Russell: Yes, Mr. Clerk. Mr. Hannon: Procedures for individuals who will be providing testimony to be sworn in for planning and zoning items in any quasi-judicial items on today's City Commission agenda will be as follows. Members of 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're 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 e-mail 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. Commissioners, are you comfortable with the notice provisions set forth in these uniform rules and procedures we have established for this meeting? The Commission (Collectively): Yes. Vice Chair Russell: Thank you, Mr. Clerk. Mr. Hannon: Chair, if I may? Is anyone in the chambers going to be speaking on any of the planning and zoning items on today's agenda? If you are, please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank- you, Chair. Vice Chair Russell: Thank you, Mr. Clerk. Mr. Manager, what do we got, for the order of the day? Anything can be withdrawn, deferred, or continued. Arthur Noriega (City Manager): We do, Mr. Chair. 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: SR.1 to be deferred to February 11 th; FR.1 to be withdrawn; FR.2 to be deferred to the February 25th meeting; DI 1 to be deferred to the February 11 th meeting; PZ.8 to be deferred to the February 11 th meeting; and PZ.9 to be deferred to the February 11 th meeting. That concludes the items. Vice Chair Russell: So, I will reiterate what the Manager said. It's a deferral of SR.1 to February 11 th. FR.1, a withdrawal. FR.2, a deferral to February -- is it 11 th, Mr. Clerk? Mr. Noriega: FR.2 is to February 25th. City of Miami Page 3 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: 25th. Thank you. I wrote it down wrong. DI.1 deferral to February Il th. PZ.8 and 9 also February 11 th deferral. Mr. Noriega: Mr. Chair? Vice Chair Russell: Yes. Mr. Noriega: There's also an additional request to defer PZ.2 to February 11 th as well. Vice Chair Russell: February 11 th, deferral, PZ.2. Any items that the Commission would like to add for continuance, withdrawal, or deferral? Commissioner Watson: Yes, Mr. Chair. Vice Chair Russell: Yes, Mr. Watson. Commissioner Watson: I want to pull CA.5. Vice Chair Russell: CA.5 you'd like to take out of the consent agenda for discussion, correct? Commissioner Watson: Yes, sir. Vice Chair Russell: All right. Commissioner Watson: And as well -- equally as well. Vice Chair Russell: I'm sorry? Commissioner Watson: Equally as well, PH.8. Vice Chair Russell: What action would you like on PH.8? Commissioner Watson: Want to pull for discussion. Vice Chair Russell: It is already set for -- Commissioner Watson: Has been? Vice Chair Russell.: Okay. I'll make sure we take that separately. Ms. Mendez: Chairman? Vice Chair Russell: Yes, Madam City Attorney. Ms. Mendez: If PZ.8 and 9 are being reset, I'm just putting the Commission on notice that chances are 5, 6, and 7 -- Commissioner Watson: Right. Ms. Mendez: -- will not -- should not be heard. Vice Chair Russell: Oh, understood. So, I'm going to ask the administration when we get to discussion on this after we have a motion to explain why certain things are being asked for deferral. Ms. Mendez: We -- right. We may not be able to address 5, 6, and 7 -- Vice Chair Russell: I understand that. City of Miami Page 4 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Ms. Mendez: -- and I just wanted to put everybody on notice. Vice Chair Russell: Yeah. I fully understand that. I'm going to get to a further -- well, we'll discuss it before we take an action. Any other items to be deferred, withdrawn, or continued? Mr. Clerk? Mr. Hannon: Chair, I would like to list on the record the co-sponsor request. Vice Chair Russell: Just a moment on that. Let's get the ones with action. 1 know there's been a request for indefinite deferral of PZ.3 and 4, that's the Magnolia properties. Indefinite deferral on those. I believe that's all I've got on my list for deferral, withdrawal, or continuance. And co-sponsor requests, Mr. Clerk? Mr. Hannon: Chair? Vice Chair Russell: Yes. Mr. Hannon: The following co-sponsor requests have been made: PH8, Mayor Suarez and Commissioner Russell; RE.5, Commissioner Carollo; SR. I, Commissioner Carollo; FR.4, Commissioner Reyes and Commissioner Carollo; CA.3, CA.7, PH.1, PH2, and PZ.2, Commissioner Russell. Thank you, Chair. Vice Chair Russell: Thank you. I'd also like to co-sponsor RE.4, the second tranche of the Forever Bond, wholeheartedly. Commissioner Carollo: Chair? Vice Chair Russell: Yes. Commissioner Carollo: I was told that -- Vice Chair Russell: Can you move your microphone, Commissioner, a little closer? I think it's on, but -- Commissioner Carollo: I was told, Chair, that PH.2 was going to be deferred, and I didn 't hear that. Vice Chair Russell: I have not heard that one either. Is there anyone seeking deferral on PH.2, Authorized Special Grant Allocation, CDBG (Community Development Block Grant)? Commissioner Carollo: In my briefing this what 1 was told. Vice Chair Russell: Mr. Mensah's nodding his head. You -- are you seeking deferral of that item, Mr. Mensah? If you could approach the dais. The lectern -- George Mensah (Director, Community Development): Yes, Commissioner. We are going to change the allocations because we have the rental program right now. So, we're going to remove all the rental part of it and move it to our businesses. Vice Chair Russell: To what date would you like to defer that? Mr. Mensah: February 11 th, Commissioner. Vice Chair Russell: February 11 th? Commissioner Carollo: This is PH.2? City of Miami Page 5 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: PH.2. Commissioner Carollo: 1 believe you also had told me that you were going to have an indefinite deferment of PH.5? Mr. Mensah: Yes. Commissioner Carollo: That's what 1 was told -- Mr. Mensah: Yes, Commissioner. Commissioner Carollo: -- in my briefs. Mr. Mensah: Yes, Commissioner. Vice Chair Russell: PH.5, indefinite deferral. Any other items? Commissioner Carollo: I'm wondering, you know, what else I got here that they told me was going to be deferred and then forgot to bring it up, but those are the ones that 1 remember off of -- at this point in time. Vice Chair Russell: Thank you. Is there a motion to affect everything we've said so far? Commissioner Diaz de la Portilla: I'll move. Commissioner Reyes: Second. Vice Chair Russell: Move by Commissioner Diaz de la Portilla, seconded by Commissioner Reyes. So, discussion, the question I would have is the one that the City Attorney brought up on PZ.8 and 9, which is no net loss parks issue, correct? Who is requesting deferral of -- Commissioner Reyes: 1 am. Vice Chair Russell: -- PZ.8 and 9? Mr. Noriega: Commissioner Reyes is. Commissioner Reyes: I am. Vice Chair Russell: Mr. Reyes. Commissioner Reyes: Yes. Because 1 want to clam that we going to have a different development that requires to have no net loss. And this is a property that doesn't belong to us. Vice Chair Russell: Right. Commissioner Reyes: County property. And I want to clarify that it -- I mean, if it is -- let's say that it is legal, then I don't want it to be duplicated by anybody else because it is -- and besides that, we don't have control of it. And it is very important to me to clarify everything that it could not be duplicated or used for -- by other people, you see? And I have to sit down with the planning department and -- to fully explain -- and the City Attorney to fully explain if this will fulfill the spirit of the law, you see? Vice Chair Russell: And the letter. Commissioner Reyes: Huh? City ofMiami Page 6 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: And the letter of the law. Commissioner Reyes: And the letter of the law. And that is my, question. And 1 don't want this to he misused by other people that comes and tried to use our parks and then tried to comply with not that loss with either pieces of land that they might not -- Vice Chair Russell: Thank you. I know how important no net loss -- that portion of the charter is to you and I take that very seriously as well and want to respect your request. Can the planning department give us any clarity on -- or the legal department -- any clarity on no net loss? This is a rezoning of county land. What 1'd like to understand the spirit of what Commissioner Reyes is asking, if we zone it -- because currently it's unzoned land -- and they're using it as a beach front, a recreational area, if we zone it as CS (civic space), does that restrict the county from non parks -- non -recreational development or do they supersede us? Commissioner Reyes: With all due respect Mr. Chair, I would like to defer it because I would like to sit down. I'm not ready to vote for this. I asked from my fellow Commissioners, just give me a chance to sit down and clam this, and on a clear conscience vote yes or no. But I cannot make a decision today. Vice Chair Russell: So, this one -- Commissioner Reyes: I sit down and we -- I mean, we cross all the Ts and dot all the Is on it. Vice Chair Russell: Are these single -reading or two -reading zoning issues, this rezoning? Mr. Hannon: Chair, it's on first reading, PZ.8 and 9 are on first readings. Vice Chair Russell: Two readings. So, it would require two readings. And the only reason I'm looking for some deference or cooperation, this is also tied to the entire rezoning -- not the zoning, hut the entire development project at Parrot Jungle ? Commissioner Reyes: Yes, sir. But -- Vice Chair Russell: Right. Commissioner Reyes: -- but with all due respect, two weeks -- Vice Chair Russell: Yes. Commissioner Reyes: -- want to make it -- I mean, won't hurt it at all. Vice Chair Russell: They've been working on it for five years, .so I'm going to absolutely -- Commissioner Reyes: February it's five years, two weeks more -- we add additional two weeks, I mean, I don't -- and I don't want to be pressed or pushed into it. Vice Chair Russell: Understood. Commissioner Carollo: What item is that again? Commissioner Reyes: I'm talking about PZ.8 and PZ.9. Vice Chair Russell: So, this would effectively -- Commissioner Reyes: It's the use of no net loss. Sorry. City ofMiami Page 7 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: This would require the deferral of PZ.5, 6, 7, 8, and 9, unless they could run separately. Mr. Director? Cesar Garcia -Pons (Director, Planning): So, my understanding is that PZ.5, 6, and 7 can run separately, we need to accomplish the no net loss before the effective date of the other projects. For 8 and 9 can run after. Vice Chair Russell: 8 and 9 is the rezoning. Mr. Garcia -Pons: 8 and 9 is the no net loss — Vice Chair Russell: Right. Mr. Garcia -Pons: -- the coning of the land, yes. Vice Chair Russell: Of both land. Mr. Garcia -Pons: 5, 6, 7 is — Vice Chair Russell: 5, 6, and 7 is the land use, special area plan and the development agreement, right? Mr. Garcia -Pons: Yes, sir. Vice Chair Russell: So, in a sense, they're linked. We can't have -- eventually we can't have one without the other, correct? Mr. Garcia -Pons: Correct. Eventually -- Vice Chair Russell: Can 't have without the first two, but you can vote -- we can vote on the first three today if we -- Mr. Garcia -Pons: Yes, sir. Vice Chair Russell: -- choose to do so? Mr. Garcia -Pons: If you wish. Vice Chair Russell: All right. So, let's respect Commissioner Reyes for 8 and 9 at this point. Let's see if there's a will to move forward on 5, 6, and 7. Commissioner Reves: I move for it. Vice Chair Russell: For today? Commissioner Reyes: I move, for it. Commissioner Carollo: Second. Vice Chair Russell: All right. So, all right. So, 8 and 9 is in the motion for deferral as well. Is there any further discussion or questions on any of the other items? Commissioner Watson: Yeah. Yeah, Mr. Chair? Vice Chair Russell: Yes. Commissioner Watson: Can we pull for discussion, CA. 7? Vice Chair Russell: CA.7 -- City of Miami Page 8 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Watson: It's not just a clarification from you as anybody. Commissioner Diaz de la Portilla: CA.7? Vice Chair Russell: Yes. I will pull that out of the CA agenda as we get to that. Commissioner Carollo: Okay. CA.7 discussion? One other question that I had. RE.4, did someone mention it before? Vice Chair Russell: RE.4 has not been deferred at this point or -- Commissioner Carollo: Okay. Vice Chair Russell: Mr. Clerk, PZ. 1 was deferred to February 11 th, correct, in this list? Commissioner Reyes: Yes. That's what I heard. Vice Chair Russell: Right. Because they haven't taken it up at Planning, Zoning, & Appeals Board. Commissioner Reyes: That's right. And -- Vice Chair Russell: Yeah. So, that is on the list already. Commissioner Reyes: That I wanted to ask because in our agenda brief I understood that PZ.1 was going to be deferred. Vice Chair Russell: It is. It's on the list. Commissioner Reyes: Okay. Mr. Hannon: No, it's in play. It's not on my list of deferrals to be -- Vice Chair Russell: Oh, sorry. I have it marked as -- so, I'd like to add that one to the list. Procedurally, we must. Mr. Garcia -Pons: I'm sorry, I wasn't -- I have another -- Vice Chair Russell: PZ.1 is this zoning -- Mr. Garcia -Pons: Yes. Vice Chair Russell: -- text on co -living which has not yet been taken up by Planning, Zoning, & Appeals Board. We must defer that. Mr. Garcia -Pons: Yes, sir. Vice Chair Russell: That should've been on the administration's list. Commissioner Carollo: Exactly. Yeah. I was told. I have it here as deferred. Vice Chair Russell: It's another one we're -- that we were missing. All right. We were missing a few from the list. All right. Commissioner Carollo: They said two, but they forgot to give us one. City ofMiami Page 9 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: Got it. Any other questions or additions? Mr. Clerk. Mr. Hannon: PZ.1 is being deferred or continued until when? Commissioner Reyes: Deferred. Vice Chair Russell: When is Planning, Zoning, & Appeals Board taking this up? I heard it's March. Mr. Garcia -Pons: It's one month, so we can literally do it the next PZ meeting a month from now or -- Vice Chair Russell: At which we put it on which agenda for us? Mr. Garcia -Pons: The next PZ meeting for us. So, the second -- Vice Chair Russell: That would be February 25th. February 25th, please. Yes. Mr. Hannon: Okay. Commissioner Carollo: Okay. I also had PZ.3 that is -- Vice Chair Russell: 3 and 4 will be indefinitely deferred. We have -- we have added that to the list. Mr. Watson? Commissioner Carollo: 3 and 4 -- Commissioner Watson: Mr. Chair, for -- also for discussion, SR.1, please. Can we pull SR.1 for discussion? Vice Chair Russell: SR.1 is already going to he deferred, so we will not he discussing. Commissioner Watson: Okay. Thank you. Vice Chair Russell: Yeah. PZ.1 is continued; 8 and 9 are deferred to February 11 th. Might be easier to ask which items we are taking up today. Commissioner Carollo: Well, 1 think in the PZ schedule, we're all going to have 10, 11, and 12 for what I'm seeing. Vice Chair Russell: 10, 11, and 12 are still on the -- Commissioner Carollo: Yeah. Vice Chair Russell: -- on the agenda, yes. Mr. Noriega: You also still have 5, 6, and 7. Commissioner Watson: Right. Commissioner Carollo: No? Vice Chair Russell: 5, 6, and 7 will be heard, 8 and 9 will not. If -- Commissioner Carollo: They -- well, are they going to be heard, 5, 6, and 7? Vice Chair Russell: 5, 6, and 7, yes. We will at least take them up today and see where it goes. City ofMiami Page 10 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Reyes: Okay. Vice Chair Russell: Any further discussion on the order of the day? Hearing none, we have a motion. We have a second. All in favor; say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you very much. Commissioner Watson: Mr. Chair? Vice Chair Russell: Yes. You are recognized. Commissioner Diaz de la Portilla: I've be recorded as a co-sponsor on RE.5 by Commissioner Watson. Vice Chair Russell: So noted. Commissioner Diaz de la Portilla: Thank you. [Later...] Vice Chair Russell: Good afternoon. We are back in session for the City of Miami Commission meeting for January 28th. I was going to check to see if the Clerk is here to re - administer the oath or should I wait a second? Nicole Ewan (Assistant City Clerk): If anyone in the chambers or outside will be speaking on any planning and zoning items this afternoon, if I can please have you stand and raise your right hand. Please raise your right hand. The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Ms. Ewan: Thank you. Thank you, Chair. Vice Chair Russell: Thank you very much. PUBLIC COMMENTS FOR ALL ITEM(S) 8554 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE JANUARY 28, 2021 CITY COMMISSION MEETING. RESULT: PRESENTED Vice Chair Russell: So, on the consent agenda, it's been asked to pull CA.5 and CA.7. Is there a motion to pass CA.1, 2, 3, 4, and 6? Commissioner Reves: I'll move. Vice Chair Russell: Moved by Commissioner Reves, seconded by the Chair. City ofMiami Page 11 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Reyes: The ones that -- Vice Chair Russell: I'm sorry. We need to do public comment. 1 apologize. I apologize. We were all excited and ready to go here. Commissioner Reyes: Only CA.5 and 7 have been pulled for discussion? Vice Chair Russell: Pulled for discussion, correct. I'd like to open the floor for public comment. Is there anyone here who would like to address any of the remaining items on the agenda in person? If so, please approach the separate lecterns. You're welcome. You have two minutes to address the Commission. Just give your name, which item you're speaking on. You can each go to a separate agenda. Please respect social distancing. We'll clean the lectern between each user, but don't feel the need to touch it. We'll adjust the microphones for you, everything you need to do. So, good morning, ma'am. You're -- Josepa Reyes Savin: Good morning. Vice Chair Russell: -- recognized. Ms. Reyes Savin: Can you hear me? Yes, I live in that neighborhood since 1971. Vice Chair Russell: I'm sorry. Which item are you speaking on? Ms. Reyes Savin: The PZ.10 -- Vice Chair Russell: PZ.10? Ms. Reyes Savin: -- and 11. Yeah. It's 2201 Southwest 26th Street. Vice Chair Russell: And your name is? Ms. Reyes Savin: Josepa Reyes Savin. Vice Chair Russell: You're welcome. Ms. Reyes Savin: I might be his (FOREIGN LANGUAGE), but I'm not, that I know of you know, by blood. We have the same last name. Commissioner Reyes: We might be, you know. Ms. Reyes Savin: Yeah, we might be. You never know with -- Commissioner Reyes: You never know. You know, those Reyes, they were very -- Ms. Reyes Savin: And they're everywhere. Commissioner Carollo: Be careful, you might get him to have to recuse himself. Ms. Reyes Savin: Yeah. So, my auntie had lived there since 1969. She's my neighbor. She's 103. And when we grew up in that neighborhood, the only park we had was down there by Shenandoah, Shenandoah's' pool area. And now, there's a lot of people who are investing in Silver Bluff Estate to buy the older house. Some of those houses are even built before 1955. I'm having problems because -- it's good that they have the ordinance of picking up after their dog. People do pick up today because they used to just walk around, leave it there, and even my own yard -- in my yard, leave it there. I understand. My kids went to Silver Bluff Elementary, I taught at Silver Bluff Elementary. And I don't think it should be a doggy park there either, City ofMiami Page 12 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 because the problem is, is not only the smell because we only had this -- we'll still have the sewer. That's a stinky neighborhood. Silver Bluff Estate doesn 't smell like perfume, honey, it smells like crap. For the people that is connected down there, the sewer thing smells in the summer, like, you cannot breathe. But it's -- that corner, you'll see people don 't obey the crossing that they have for schooling, Silver Bluff is two blocks up ahead. So, there's a schooling zone there that people don't obey. There's a lane and there's a street. They fly up and down. There's braking in front of my auntie's house, those brake things that you -- that's showing you that you must go slow. They hit one of my cats, like, three months ago and broke a leg and they kept going. Could be my dad who's 93 who walks in the -- walks around the neighborhood. I'm petrified. If they have a doggy park there, people going to be very relaxed and all that in there. But if people -- some people walk their dogs -- some people will bring dogs from all the area and park in the neighborhood and let the doggy down and go down there. There's not a parking space in that place more than five cars if they have a doggy park. What I like, it is this: if they take that fence down, I myself as a citizen, without the city and anybody else, will build, like, a mini park with benches for people to sit, little trees, like garden and area like they have in the -- they have, like, a triangle, you know, with the full size -- the sewer is, they have a little triangle with rocks. I will do, as a citizen, that on my own. A few benches, a little trees, and a little piece of green somewhere. People can sit there, they can bring their doggy from the neighborhood and they can sit there. Have a little cafe con leche or (UNINTELLIGIBLE) I don't care. It is their problem. But that's what I think. Vice Chair Russell: Thank you. Ms. Reyes Savin: I think it's dangerous because if they bring dogs from other parks -- honey, the people in the neighborhood doggies don 't get along. Imagine if people from 17 come up and start working in the -- and walking on the neighborhood and taking their dog there too. Vice Chair Russell: M. Josepa -- Ms. Reyes Savin: There's one in Kennedy Park. Vice Chair Russell: -- thank you for your comments -- Ms. Reyes Savin: Thank you. Vice Chair Russell: -- and thank you for coining. Commissioner, you're recognized. Commissioner Reyes: Madan, don't leave. Don't leave. I want to clarify a couple of things. Ms. Reyes Savin: Okay. Commissioner Reyes: We have the decision to make a -- make it a dog park hasn't been made yet, but you mentioned the pump station that is there in the corner? Well, that pump station, the county is working with them so they can enhance it. I understand what you mean -- I mean, your concern on the stench. They want to enhance it, enhance that pump station and we are trying to get it moved from there. We want to get it moved and we are working with them. What we're going to do today is we are going to rezone that area as parks; you see? As a park. Now, the decision to make it a dog park or not hasn't been totally made. It is -- has been requested -- Ms. Reyes Savin: Yeah. City ofMiami Page 13 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Reyes: -- by most of the residents that there is not a place that -- for them to take the dogs. Ms. Reyes Savin: Yeah. Commissioner Reyes: And I've been -- I mean, has been very popular among people that has -- have requested -- the residents. Ms. Reyes Savin: Okay. Commissioner Reyes: Now, the -- hold on a second. Let me finish. The part of the smell from the dog park, I have somebody that -- assistant director from parks here, somebody that can explain, please come to the podium and explain how those dog parks will be clean every day. Christopher Evans (Assistant Director, Parks and Recreation): Good morning, Commissioner. Good morning. Good morning. Vice Chair Russell: You're recognized. Mr. Evans: As far as cleaning of the dog park, we'll have a maintenance crew -- Vice Chair Russell: Your name, please. Mr. Evans: Excuse me. Chris Evans, assistant director of operations for -- Vice Chair Russell: Thank you, sir. Mr. Evans: -- the City of Miami Parks and Rec Department. And as far as maintenance of the facility, we will have a crew go out every week to maintain every portion of the property, a dog park as well. So, we will have a maintenance crew of four or five that will come in services as part of their rounds in that neighborhood. Commissioner Reyes: And that is -- I don 't know if that would calm the concern, but decision of being a dog park or not, it all depends within the will of the residents. The residents, most of the residents want it. But the only thing that we're doing here today is changing the zoning into park. Letting -- enable for us to be able to build a park, okay? Ms. Reyes Savin: Okay. So, if they going to walk the doggy, the doggy must not between -- Vice Chair Russell: To the microphone, please. Commissioner Reyes: The microphone, ma'am, please. Ms. Reyes Savin: You know, they will do not in between their houses until they get to the park? I don't believe that because if it's hard to go, they're going to go. Commissioner Reyes: Okay. Ms. Reyes Savin: Most of those dogs already their marked own spot and they go every day and they do it. Commissioner Reyes: Part is, they are running around the neighborhood with the -- I mean, the dog catcher should get them -- City ofMiami Page 14 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Ms. Reyes Savin: No, no, no. Commissioner Reyes: -- because that shouldn't be. Ms. Reyes Savin: I mean the citizen. Commissioner Reyes: Oh, the citizen. Ms. Reyes Savin: They walk the doggies -- Commissioner Reyes: Yes. Ms. Reyes Savin: -- and they tell the doggy, you can go until you get to the little park. Commissioner Reyes: Yeah. But you know what happen most of the times, and it is that we have a very -- I hate to say it, uneducated dog owners, a bunch of them, it happens around my house. That they walk the dog around my house and around the neighborhood and they do what dogs do and everybody does. But they don't pick it up. Unless we start being enforcing if there is some sort of a ordinance that makes them pick up after their dogs, we have a lot of problem. I don't have a dog. And in my house as you sit on my porch, and you smell the neighbor's dogs poo -- Ms. Reyes Savin: Yeah. Commissioner Reyes: -- all around because they don't pick it up. Ms. Reyes Savin: No, they do. They do. Commissioner Reyes: Okay. This way -- that's why some of the neighbors said, okay, instead of having dogs doing that thing all over the neighborhood, let's have a place that they can bring the dogs to play and to do whatever they want to do. And then it will be cleaned, okay? That was the rationale behind that when we met with some of the neighbors. When our next community meeting, would you please, when the decide -- when we are deciding what are we going to do there? I'm working on you to come and any other neighbor and provide your opinion and your concerns, okay? Ms. Reyes Savin: Thank you, sir. Thank you. Commissioner Reyes: Okay. Thank you. Vice Chair Russell: Thank you for your comments. Vice Chair Russell: Good morning, sir. You're recognized. Shawn McMahon: Good morning. Good morning, Commission and fellow Miamians. My name is Shawn McMahon, Silver Bluff resident. I bought a home there in 2017. Since then, I've gotten a few dogs. And currently, if I want to take them to a dog park, I have to cross US-1 and go to one of the wonderful dog parks in Coconut Grove. They do have limited parking there, so it is mostly a walking activity for me. Crossing US-1 is a bit of a hassle. I would absolutely love to see PZ.10 and PZ.11 be approved and have that residential property turned into civil space. Furthermore, I would really enjoy it to eventually be voted on to be a dog park. We're a small little neighborhood, we need a small little dog park for our dogs. We don't have to travel out of the neighborhood. We don't have to crowd Kennedy Park's small parking lot to try to park there and take our dog there or City ofMiami Page 15 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 crowd up Coconut Grove to go to the small one in the Grove. It'd be wonderful if my fellow Miamians' issue is homeowners not picking up their dogs' remnants, having a place where f they don't do it, our wonderful parks department will, I think is a solution to her problem, not fitrther increasing our problem. Thank you very much. Vice Chair Russell: Thank you for your comments. Is there anyone else here who would like to address the Commission? Being none, I'll close the floor for public comment for those who are here and will address anyone who has called in. Operator, is there anyone on the line who would like to speak with the Commission? IT (Information Technology)? Good morning. You're on with the City Commission. You have two minutes. Wendy Kallergis: Yes. Can you hear me? Vice Chair Russell: Yes. Very well. Ms. Kallergis: Oh, great. Thank you. My name is Wendy Kallergis. I'm the president and CEO (Chief Executive Officer) of the Greater Miami and the Beaches Hotel Association. And I'm here on behalf of my board of directors and members to speak on behalf of item PZ.6 and PZ.7. Oh, and my address is 1688 Meridian Avenue, Suite 500, Miami Beach, Florida 33139. Jungle Island is celebrating its 85th anniversary later this year, and in order for the attraction to be sustainable for another 85 years, the park greatly needed to he revamped. ESJ Capital Partners has committed to delivering a product that will make our Miami community proud while still celebrating Jungle Island's rich history and the unique characteristics that everyone loves so much about the park. The pandemic has proven to us all the importance of places for safe outdoor adventures. A new attraction and hotel is good for tourism and business and will help draw visitors from around the world. The addition of new attractions and a hotel will increase out in a significant amount of additional jobs. We're very, very excited about the project and we hope that you will support it. Thank you. Vice Chair Russell: Thank you, Wendy. Ms. Kallergis: Take care. Vice Chair Russell: You too. Ms. Kallergis: Bye-bye. Vice Chair Russell: Next call, please. Good morning. You are on with the City of Miami Commission. You have two minutes. Morton Ehrlich: Good morning, Commissioner. My name is Morton Ehrlich. I'm president of the One Thousand Venetian Condo Association. I want to speak with you about how an activity currently operating on Jungle Island is negatively impacting the quality of life of well over 500 people, and without question, will continue to do so well into the future. How do I know? Because it's already started. Please, for a moment, can you just imagine yourself a resident of One Thousand Venetian, directly across the narrowest part of the channel between Watson Island and the Venetian Causeway. Imagine watching the channel rapidly narrow because of the boat traffic moored on both sides of the channel to attend the Joia Beach Club on the Jungle Island property. These moored boats have so congested the channel that they present a clear and present danger, without question, for collision and fire. The dangerously narrow channel is so congested that the engine noise, when combined with the outrageously loud music from the moored boats themselves, will - - I assure you -- will make you crazy. On top of this, you'll hear the incessant base City ofMiami Page 16 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 booming noise from the Beach Club itself But it's also a developing set of condition that could easily lead to a channel disaster. However, with some controls, it might in fact be avoided. Okay. So, what do you do about it? For starters, enforce the speed rules inside the channel. Also, I suggest two things: control both boat parking in the chann -- in the narrow channel itself,' and a no hi-fi noise ordinance while parked in the channel. And, you know, while you 're still with us, just residents, reflect on this. As it stands today, almost everyone is a winner. The city, most certainly. ESJ, the owners of the property, most likely. The tourists and others who would use the attraction and stay at the hotel, for sure. But there is one important big loser. Because of the noise and the heightened activity of Jungle Island, and every deteriorating quality of life or for you, at least for a moment or two, and the 500 residents of One Thousand Venetian is certain. Does it matter? Well, I ask you to think about that because it sure does matter to us. And many thanks Jrobeing with us, many thanks for listening. Have a great day and stay safe. Vice Chair Russell: Thank you, Morton. Thanks for your advocacy. Mr. Manager, isn't the police boat headquarters right in front of that exact channel? Mr. Ehrlich: Yes. Arthur Noriega (City Manager): We -- we'd need to ask police that question. I'm not entirely sure. Vice Chair Russell: So, I know that because we have a station right there at the yacht club, which is right next to Jungle Island, which is right across from the Venetian. Mr. Noriega: So, having a boat there and having police there are probably two different things though. Vice Chair Russell: Okay. I believe they have -- Mr. Noriega: Yeah, we'd have to -- Vice Chair Russell: -- personnel there as well and -- Mr. Noriega: Yeah. We -- we'd need to check kind of when that personnel is actually there. So, -- Vice Chair Russell: Got it. Mr. Noriega: -- so, I'll get an answer for you. Vice Chair Russell: So, the reason I ask is that I'd like to ask if we can get some enhanced enforcement there of that channel because it is a dangerous narrow spot between, both speed and noise. Mr. Noriega: Absolutely. Vice Chair Russell: Because it is an issue there. I appreciate that. Is there anyone else on the line? I guess we can get an answer to the question on the -- the marine patrol. Good morning. Chief Ronald Papier (Police): Good morning, sir. Vice Chair Russell: Good morning, Chief Papier. Do we have -- just a moment if I can hold on this call, please. Good morning. Could you hold for one minute, City ofMiami Page 17 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 please? Thank you. Chief Papier, do we have manned personnel at the police boat station there on Jungle Island? Chief Papier: At the marine patrol station -- Vice Chair Russell: Yes. Chief Papier: -- at the Jungle Island? Yes, there's a marine patrol office. It's not manned 24/7, but that is where the marine patrol unit works out of Vice Chair Russell: And that's where they station the boats and leave from? Chief Papier: Yes, sir. Vice Chair Russell: All right. Chief Papier.: Yes, sir. Vice Chair Russell: We had a resident just calling in from One Thousand Venetian asking if we can get additional enforcement of both speed through the channel right there in front of the -- the marine patrol station, as well as noise for over -loud parties. Chief Papier: Absolutely. I didn't hear the -- what time are we talking about? Vice Chair Russell: I -- they did not mention the time. Chief Papier: Okay. Vice Chair Russell: The speed is probably throughout the day. The noise is more likely -- Chief Papier: We'll take care gilt. Vice Chair Russell: All right. Thank you so much. Chief Papier: Thank you. Vice Chair Russell: Thank you, Chief. Good morning. Sony to keep you waiting. Please state your name. You have two minutes with the City of Miami Commission. Greg Baldwin: Thank you. Good morning, Chairman. Also, good morning, Commissioners. My name is Greg Baldwin. 1 reside at 1000 Venetian Way, unit number 702. I'm the vice president of the board of directors at the One Thousand Venetian Way Condominium Association. And I'm here to speak about the plans for part of Jungle Island, that's PZ.5, 6, and 7. We at One Thousand are located directly across from Jungle Island, about 100 to 150 yards from them, and we're across the narrow channel of water that's between Biscayne Island and Watson Island. So, we are Jungle Island's nearest residential neighbors. And one part of the Jungle Island plans are, I believe, already creating a danger to life and limb and setting up the city itself for massive liability. Because the plans include the Joia Beach Restaurant and Beach Club. And Joia caters to people arriving there by boat. We're not talking just boats. We're talking big boats, like, mega yachts, and lots of them. And they moor in the narrowest part of'the channel between the two islands in order to get access to Joia. But even just five or six or seven of these boats almost completely block the channel. And they make navigation incredibly hazardous to themselves, their passengers, the general boating public just trying to get through, City of Miami Page 18 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 and public day tourists. We have given you all a video of what this looks like on just one random weekend. And you need to look at it if you haven't, because what you'll see is only half of how crowded and dangerous this gets. We live here. We see it almost every weekend. It's an accident waiting to happen. It's a danger to life and limb, and sooner or later, the combination of these crowded boats and the drinking is going to cause a tragic accident and maybe even, God forbid, a loss of life. And the noise from the boats that are there attracted by Joia are from the drunken shouting, parting people and their ear-splitting music on the boat is simply beyond conception. Even with our windows shut, it actually drowns out TV (television) and music that we're playing in our units, let alone conversation. My suggestion is you need to get control of this now or you'll expose people to real physical danger, and the City of Miami to massive potential liability. And the hundreds of people who live at One Thousand will at the same time lose their property values and their lifestyles as well. Vice Chair Russell: Thank you. Mr. Baldwin: So, you do need to get control of this now while you still can. Vice Chair Russell: Sir, a question for you, sir, before you hang up. What time of day are you noticing the most noise and speeding? Mr. Baldwin: The boats begin to collect usually in the mid to late afternoon around between 3:00 and 5:00 or 6:00. Sometimes they will stay there well, well beyond dark. About three weeks ago, the noise from them collected out there was completely unbearable. Vice Chair Russell: Thank you. Mr. Baldwin: But it's usually on the weekends, usually from about 3:00 to 6:00 or 7:00. Vice Chair Russell: Thank you very much. Thank you. Mr. Baldwin: You're welcome, sir. Thank you. Vice Chair Russell: Chief if you could add to the list then, not only noise and speeding, but illegal mooring in the channel. Chief Papier: Absolutely. Vice Chair Russell: Should not be allowed as well. And it sounds like we're going to need to address this with Jungle Island as the item comes up with regard to their plan for boats -- transitory dockage and boats that come to their beach club. So, thank you very much, Chief I appreciate it. ChiefPapier: You 're welcome. Commissioner Carollo: This is, Chair, another example of residents for different parts of Miami complaining about alcohol. And, Chief we have to do something to stop alcohol being king in Miami, that whoever sells alcohol can do whatever they please. I mean, residents have a right. So, it's hard for me to imagine that we have marine patrol units stationed there, even though as you said they're not 24/7, and we're allowing this kind of activity to go on. So, there has to be a median to be found where these cruise ships, whatever they are, they can bring in people there, they can enjoy themselves, they can make a living, but that it's done in such a way that they respect the rights of residents of the city. Thank you. City ofMiami Page 19 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: Yes, sir. Thank you, Commissioner. Is there anyone else -- Commissioner Carollo: Can you, Chief have someone give a report to this body, before the next meeting as to what has been found based upon what you've heard here today from residents -- Chief Papier: Absolutely. Commissioner Carollo: -- and what have you done? Chief Papier: We'll definitely see what the problem is, we've got to speak to the residents. Additionally, we'll go out there and do more enforcement upon that area. The rafting of the boats that impede with the channel, there's also an order against it, so they shouldn't be doing it. We'll definitely move our enforcement over there and then address it. Commissioner Carollo: Thank you, sir. Chief Papier: So, we'll give you a report. Vice Chair Russell: Thank you, Chief. Is there anyone else would like to address the Commission? Are there any more calls? Good morning, you're on with the City of Miami Commission. Can you please state your name, you've got two minutes. Bill Talbert: Hi. Good morning. This is Will Talbert. I'm president and CEO of your Greater Miami Convention and Visitors Bureau, here testing in support of PZ.5, 6, and 7, Jungle Island project. I have the ability now, and I do remember this was on the ballot a few years ago. My office is in Miami. I reside in Miami, and I did vote in support of this project. You have a -- the private sector that's bringing money to the table in partnership with these approvals to make Jungle Island one of the premier Eco-Adventure attractions in the entire world. It's been voter approved. You know, we need more attraction. We haven 't had new attractions. And this will make us competitive in an environment that we're not competitive in today. The Greater Miami Convention and Visitors Bureau, we are supportive of PZ.5, PZ.6, and PZ. 7. Thank you very much for listening. Vice Chair Russell: Thank you, Bill. Have a good day. Mr. Talbert: Thank you. Vice Chair Russell: Is there any -- are there any other calls? Hello? Wendi Walsh: Hello? Vice Chair Russell: Good morning. You're on with the City of Miami Commission. Please state your name. You have two minutes. Ms. Walsh: Hi. Good morning, Commissioners. My name is Wendi Walsh. Address is 152 Northeast 89th Street, El Portal 33138. I'm the principal officer for UNITE HERE Local 355, the hospitality workers union. I'm speaking this morning in support of PZ.7, the development agreement that will govern Jungle Island SAP (Special Area Plan). As many of you know, our unit represents thousands of hospitality workers here in South Florida and almost all have been laid off as a result of Covid-19. The pandemic has devastated the hospitality industry here, and some hotels and restaurants will never recover. More than 70 percent of our membership remains laid off today, and many will still be trying to re-enter the City of Miami Page 20 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 hospitality industry years down the road. Our memberships that are currently working have been hit hard by the virus with new cases turning up weekly in our workplaces. And for these reasons, we haven't encouraged our workers to come to appear this morning, but our members are very excited about the Jungle Island project. The developer has a solid plan that will provide what will sorely be needed: new jobs on the other side of the pandemic. They made a commitment to hire from the local community and to work with us to make sure that these are good jobs. The hospitality industry is never going to be the same after COVID. We need new ideas, new projects that are going to bring new jobs to our industry. And for this reason, we urge you to approve the development agreement today. Thankyou. Vice Chair Russell: Thank you, Wendi. Good to hear from you. Are there any other calls? Good morning. Please state your name. You've got two minutes. Melissa Reyes: Hi. My name is Melissa Reyes (phonetic). And I'm calling regarding the Jungle Island land use. I just want to say that I grew up down in Kendall, Miami going to Parrot Jungle as a child. And we've enjoyed taking my children to Jungle Island. And now that my kids are a little bit older, I'd really -- it would just be amazing to take them to an Echo -Adventure park and really have that experience and them continue that -- those memories. It's nice to have, like, a destination. I live in Boca Raton, but it's so nice being an hour away to be able to go for a day trip. We have a lot of friends and family that come in from out of town that want to go, and it would be a great way to bring friends and family. And I support the Echo -Adventure park. Vice Chair Russell: Thank you very much. Ms. Reyes: Thankyou. Vice Chair Russell: Are there any other calls? Good morning. Please state your name. You've got two minutes. Bob Deresz: Good morning. My name is Bob Deresz. I live at 200 Southeast 15th Road, 33129, right on the water of beautiful Biscayne Bay. I have two items. Just a quick one PZ.6 I believe -- oh, excuse me -- 9, I believe it is, where they have rezoning of 3301 Rickenbacker, 11.8 acres. They don't state anywhere what they plan to use that for. To move onto a more important item. And I'm glad I'm here today because this has been bothering me Jroa couple of months. In regards to CA.1, the abduction of children and missing children. 1'd also like to include mugging of -- and this is in regards to the Underline, in some form, eight miles of underneath the Metrorail, and I couldn't understand the nice work they're doing at the sub stations where the trains are. But right now, you know, those -- it looks beautiful the way it is with the grass. 1t seems like we have lobbyists -- the landscapers and the landscape architects and the nurseries where we have to cover all our grasses, trees, and shrubbery. And I went to an online symposium about a month ago and it sure seemed like the (UNINTELLIGIBLE) architect was running it. And any of the questions were -- well, they were sort of loaded questions. You could tell the people that were tuned into the meeting were concerned. So, if you look at any of the drawings, all I can see now -- and if you drive down US-1 all can see -- I can visually see anybody using the sidewalks on their bikes or walking, but with all the trees and bushes and shrubbery, I just think it's an invitation for perps, you know, for people and for thieves and people that are unfortunately, you know, don't have any money right now and will take different measures to get food on their table. And I just think it needs to be dealt with. Thank you very much. Vice Chair Russell: Thank you for your call. Appreciate it. Are there any other calls? That's it for public comment. Are there any other public comments at all, in City of Miami Page 21 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 person or otherwise? All right. We'll close public comment for the agenda. MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Vice Chair Russell: Mr. Clerk, are there any mayoral vetoes? Commissioner Reyes: Co-sponsor that too. Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Vice Chair Russell: Commissioner Reyes would also like to be noted as a co- sponsor in that last item. Mr. Hannon: RE.5? Vice Chair Russell: Yes. Mr. Hannon: Commissioner Reyes, co-sponsor, understood. Commissioner Carollo: Myself also and Commissioner Reyes. Mr. Hannon: Understood. Vice Chair Russell: Yes. END OF MAYORAL VETO(ES) City of Miami Page 22 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 CA.1 8335 Department of Police CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE MEMBER AGENCIES OF THE CHILD ABDUCTION RESPONSE TEAM AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE PERIOD BEGINNING JANUARY 1, 2021 AND ENDING DECEMBER 31, 2025 TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO CONTINUING, MULTI - JURISDICTIONAL INVESTIGATIONS OF INCIDENTS INVOLVING CHILD ENDANGERMENT AND MISSING/ABDUCTED CHILDREN, TO PROTECT THE PUBLIC PEACE AND SAFETY, AND TO PRESERVE THE LIVES AND PROPERTY OF THE CITY OF MIAMI'S RESIDENTS PURSUANT TO PART 1, CHAPTER 23, FLORIDA STATUTES. ENACTMENT NUMBER: R-21-0030 This matter was ADOPTED on the Consent Agenda. Note for the Record: For additional minutes referencing Item CA.1, please see "Public Comment for Allltem(s)." CA.2 RESOLUTION 8374 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 18.82(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CLASSIFYING ONE (1) FORD E350 ECONOLINE CARGO VAN, MODEL YEAR 1991, BEARING VEHICLE IDENTIFICATION NUMBER 1 FTJE34G6MHB41354 AS CATEGORY "A" SURPLUS STOCK; AUTHORIZING THE DONATION OF SAID VEHICLE TO THE MIAMI POLICE BENEVOLENT ASSOCIATION INC. FOR DISPLAY IN ITS POLICE MUSEUM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AGREEMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SAID DONATION. ENACTMENT NUMBER: R-21-0031 This matter was ADOPTED on the Consent Agenda. City of Miami Page 23 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 CA.3 8375 Department of Police CA.4 8393 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 18-82(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CLASSIFYING ONE (1) WHITE 2016 FORD INTERCEPTOR, POLICE VEHICLE MARKING NO. 216506, BEARING VEHICLE IDENTIFICATION NUMBER 1 FAHP2L83GG150610, AS CATEGORY "A" SURPLUS STOCK; AUTHORIZING THE DONATION OF SAID CATEGORY "A" SURPLUS STOCK TO THE HISTORY MIAMI MUSEUM FOR EXHIBITION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AGREEMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SAID DONATION. ENACTMENT NUMBER: R-21-0032 This matter was ADOPTED on the Consent Agenda. Note for the Record: For additional minutes referencing Item CA.3, please see "Order of the Day." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY ("COUNTY"), BY AND THROUGH THE MIAMI-DADE POLICE DEPARTMENT, FOR THE PURPOSE OF ENSURING DIRECT RADIO COMMUNICATIONS CAPABILITY BETWEEN EACH PUBLIC SAFETY ANSWERING POINT AND ALL FIRST RESPONDER AGENCIES WITHIN THE COUNTY IN THE EVENT OF A PUBLIC SAFETY EMERGENCY PURSUANT TO THE REQUIREMENTS OF SECTION 365.179, FLORIDA STATUTES. ENACTMENT NUMBER: R-21-0033 This matter was ADOPTED on the Consent Agenda. City of Miami Page 24 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 CA.5 8359 Office of the City Attorney CA.5 8359 Office of the City Attorney RESOLUTION - Item Pulled from Conser'' A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND TO PAY MELISSA LOPEZ, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED MELISSA LOPEZ VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 20-CV-21387-JEM, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-21-0035 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson RESOLUTION - Item Pulled from Consent A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND TO PAY MELISSA LOPEZ, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED MELISSA LOPEZ VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 20-CV-21387-JEM, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-21-0035 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Jeffrey Watson, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson City of Miami Page 25 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 CA.5 8359 Office of the City Attorney RESOLUTION - Item Pulled from Consent A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND TO PAY MELISSA LOPEZ, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED MELISSA LOPEZ VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 20-CV-21387-JEM, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-21-0035 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item CA.5, please see "Order of the Day. „ Vice Chair Russell: CA.3, Commissioner Watson. I'm sorry, CA.5, Commissioner Watson, you wanted to address? Todd B. Hannon (City Clerk): Yes, sir. Commissioner Watson: Mr. Chair, we clarified. Thank you very much. Vice Chair Russell: Thank you. Is there a motion for CA.5? Commissioner Diaz de la Portilla: I'll move. Commissioner Reyes: Second. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by Commissioner Reyes. Commissioner Carollo: Let me see -- Vice Chair Russell.: CA.5, this is a settlement of -- Commissioner Carollo: Hold on a second. Okay. Very, good. Vice Chair Russell: All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 26 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: Any opposed? Motion passes on CA.5. CA.7, Commissioner Watson. 1 believe you pulled that one as well. Commissioner Watson: Okay. Well, -- Victoria Mendez (City Attorney): No, this one was just -- I mentioned that it needed an amendment and here's Mr. Dodd to say why. Commissioner Watson: Mr. Chair; -- Vice Chair Russell: I do recall somebody requesting this one. And it was pulled -- Commissioner Carollo: Yeah, it was pulled. Commissioner Watson: It was pulled, Mr. Chair. Vice Chair Russell: Just a moment, Commissioner -- I mean, Director. Commissioner Watson: Hold on. Mr. Chair? Vice Chair Russell: Yes. You're recognized. Commissioner Watson: Mr. Hannon, help me. Hold my hand here for a second. I made a mistake on my numbers. And so I was clarified on CA.7. I was not clarified on CA.5. Vice Chair Russell: Would you like to reconsider? Commissioner Watson: I would say reconsider -- Vice Chair Russell: Would you like to reconsider CA.5? -- Mr. Hannon: Chair? Commissioner Watson: Yes, please. Mr. Hannon: Chair? You can have -- if you're not changing a vote or anything, you can just have continued discussion. And if you need to go back and change your vote, then you can reconsider. But there's nothing wrong with revisiting the item just to discuss it. Commissioner Watson: Well, we voted it out, didn't we? Vice Chair Russell: We have voted out, but if Commissioner -- but if Commissioner Watson is satisfied without a reconsideration, we'll see if we need to reconsider or not. Mr. Watson, you 're recognized if you'd like to ask any questions on CA.5. Commissioner Watson: I want to go back. I would need to go back. Yes, please. Commissioner Carollo: So, you're making a motion to reconsider? Commissioner Watson: Yes. Motion to reconsider. Commissioner Carollo: Second. Vice Chair Russell: Okay. Commissioner Watson making the motion to reconsider CA.5, seconded by Commissioner Carollo. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 27 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: Any opposed? Okay. So, CA.5, we'll take it up fresh. Commissioner Watson: Okay. Mr. Chair? Vice Chair Russell: Yes. Commissioner Watson: Hopefully my colleagues, Mr. Manager, reminds me of the event we had the other day. And the young sergeant that a chance, an opportunity to sing, and that for all of the great men and women that protect us. Get on the record that Mr. Manager, as we move forward, as relates to our -- your service in blue, we should now have an opportunity through you, a chance to revisit in the proper environment, those things that strengthened them but not affect us. And I'll leave it at that. Vice Chair Russell: Okay. Thank you, Commissioner Watson. Is there a motion for CA. 5? Commissioner Watson: So move. Commissioner Diaz de la Portilla: Second. Vice Chair Russell: CA.5 has been moved by Commissioner Watson, seconded by Commissioner Diaz de la Portilla. Thank you jrothose comments. Vice Chair Russell: Is there any further discussion on the dais? All in favor, say "aye." Commissioner Watson: Aye. Vice Chair Russell: Any opposed? Motion passes. And I apologize if I'm moving quickly. I don't mean to rush anyone. Commissioner Watson: I apologize for not keeping up. Vice Chair Russell: It's not your fault at all. CA.6 RESOLUTION 8501 Department of Information Technology and General Services Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI-DADE COUNTY FORA TERM OF ONE (1) CALENDAR YEAR WITH FIVE (5) AUTOMATIC ONE (1) YEAR EXTENSIONS TO PARTICIPATE IN THE IMDC UTILITY COORDINATION GIS VIEWER AND DATABASE. ENACTMENT NUMBER: R-21-0034 This matter was ADOPTED WITH MODIFICATION(S) on the Consent Agenda. City of Miami Page 28 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 CA.7 RESOLUTION - Item Pulled from Consent 8504 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF $225,000.00 FROM THE NATIONAL FISH AND WILDLIFE FOUNDATION'S ("NFWF") NATIONAL COASTAL RESILIENCE FUND FOR THE IMPLEMENTATION OF THE CITY OF MIAMI RESILIENT WATERFRONT ENHANCEMENT PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A CONTRACT WITH THE NFWF, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ADMINISTRATION AND ACCEPTANCE OF, AND COMPLIANCE WITH, SAID GRANT, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. ENACTMENT NUMBER: R-21-0036 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item CA.7, please see "Order of the Day." Vice Chair Russell: CA.7, who would like to -- Conmiissioner Reyes: Second. Vice Chair Russell: There's a motion by from Commissioner Carollo, seconded by Mr. Reyes. Is there any discussion on CA.7? Director Dodd, good morning. Alan Dodd: Morning, Commission. My name is Alan Dodd. I am the chief resilience officer for the City. And we'd just like to clarifi, that there is a match requirement that does go with this grant. We will receive $225, 000 from the Nashville Fish and Wildlife Foundation. And in order to receive the grant, we must provide matching funds of 325,000 in contributed goods and services, which is either from work that we will do through funds or that we'll get from partners. It is covered by grants that we have received from the Nature Conservancy. We will get up to $400,000 for them from work that we will be doing on our storm water master plan, specifically on coastlines and standards, and also from our Miami Forever Bond projects that also have design requirements associated with our shorelines. So, -- Vice Chair Russell: Thank you. Mr. Dodd: -- the department is fully covered. Vice Chair Russell: You're clarifying there is a match, but it is not creating a new hole in the budget? City of Miami Page 29 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Dodd: That is correct. Vice Chair Russell: Thank you very much. There's been a motion, then a second on CA. 7. Todd B. Hannon (City Clerk): And that amends the resolution? Vice Chair Russell: And that is the amendment that the matches needed. All right. Is there any further discussion on CA. 7? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Mr. Hannon: I'm sorry, Chair, was that 5/0? Vice Chair Russell: Yes. There was no negative vote. Mr. Hannon: Okay. Vice Chair Russell: I think we're good there. END OF CONSENT AGENDA Vice Chair Russell: And we will move to the consent agenda, please. Is there a motion for CA.1, 2, 3, 4, and 6? We'll leave out 5 and 7. Commissioner Diaz de la Portilla: I'll move. Vice Chair Russell: Mr. Diaz de la Portilla. Seconded by -- Commissioner Watson: Second. Vice Chair Russell: -- Commissioner -- Victoria Mendez (City Attorney): Can you say that again? The ones that you want to -- Vice Chair Russell: Everything but 5 and 7. Ms. Mendez: Okay. 6 and 7 need to be amended. Vice Chair Russell: What the amendment for item 6? Ms. Mendez: I believe 6 -- everyone received a copy of the substitution for 6? And then 7 -- I believe Mr. Dodd is going to come say what that amendment is. Vice Chair Russell: What's the substance of the -- of the substitution? Arthur Noriega (City Manager): The substitution for 6 was just the term. Remember it was -- Vice Chair Russell: I just want to state it on the record. Mr. Noriega: Yeah. It was written wrong. We can reread it. You have it there? Oh, you don't have the substitution? City ofMiami Page 30 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: Just the general concept of the substance. Ms. Mendez: That it was for jive years. Mr. Noriega: Five years with a five-year renewal. Vice Chair Russell: Correct. I recall that. I just wanted it stated in the record, so that's been noted, and the substitution has been entered into the record as well. So, that's for 6. We don't have to worry about 7 yet. So, we have a motion on CA.1, 2, 3, 4, 6. Is there any further discussion on the desk? Everyone in favor say aye. The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 31 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 PH - PUBLIC HEARINGS PH.1 RESOLUTION 8312 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TRANSFERRING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $1,360,672.20 FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO THE AGENCIES AND/OR DEPARTMENTS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES; 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-21-0037 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item PH.1, please see "Order of the Day." Vice Chair Russell: On the PH agenda. Can I get a motion for PH.1, 3, 4, 6, and 7? It's everything but 8, which has been pulled for discussion. Commissioner Carollo: 1, 3, 4? Vice Chair Russell: And 7. I'm sorry, 6 and 7. 1, 3, 4, 6, and 7. Commissioner Carollo: Moved by Reyes, I'll second. Vice Chair Russell: Thank you very much. Is there any further discussions -- discussion on those items? Victoria Mendez (City Attorney): PH.8, you received the substitution? Vice Chair Russell.: We are not taking a PH 8. Ms. Mendez: Okay. Vice Chair Russell: Any further discussion? All in favor, say "aye." Commissioner Watson: Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you very much. We have deferred PH.2 and PH.5. City of Miami Page 32 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 PH.2 RESOLUTION 8412 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A SPECIAL GRANT ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE TOTAL AMOUNT OF $4,771,821.00 ("FUNDS"); AUTHORIZING THE ALLOCATION OF THE FUNDS AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO SUPPORT ECONOMIC AND COMMUNITY DEVELOPMENT ACTIVITIES IN RESPONSE TO THE NOVEL CORONAVIRUS PANDEMIC; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PH.2 was deferred to the February 11, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item PH.2, please see "Order of the Day." PH.3 RESOLUTION 8420 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING AN ADDITIONAL GRANT OF MAINSTREAM VOUCHER PROGRAM FUNDS, WHICH WERE AUTHORIZED BY THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT ("CARES ACT"), IN THE AMOUNT OF $606,720.00 FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") TO PROVIDE PERMANENT AFFORDABLE HOUSING ASSISTANCE TO FORTY (40) NON -ELDERLY PERSONS WITH DISABILITIES AND/OR FORMERLY HOMELESS INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0038 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item PH.3, please see Item PH.1. City of Miami Page 33 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 PH.4 RESOLUTION 8422 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE NAME CHANGE OF WORLD LITERACY CRUSADE OF FLORIDA, INC. TO GIRL POWER ROCKS, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("GIRL POWER ROCKS"); ALLOCATING $32,500.00 IN COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICE FUNDS FOR PROGRAM YEAR 2020- 2021 THAT HAD PREVIOUSLY BEEN ALLOCATED TO THE LIBERTY CITY OPTIMIST CLUB OF FLORIDA, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO GIRL POWER ROCKS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0039 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item PH.4, please see Item PH.1. PH.5 RESOLUTION 8310 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TRANSFERRING EMERGENCY SOLUTIONS GRANT ("ESG-CV2") FUNDS IN THE AMOUNT OF $5,028,813.18 FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO CAMILLUS HOUSE, INC., AS SPECIFIED IN THE EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item PH.5, please see "Order of the Day." City of Miami Page 34 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 PH.6 RESOLUTION 8373 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING TWO (2) PERPETUAL NON- EXCLUSIVE EASEMENTS (COLLECTIVELY "EASEMENT") AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENTS ("LICENSE"), IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR CERTAIN PORTIONS OF CITY OF MIAMI ("CITY") REAL PROPERTY LOCATED AT 1950 NORTHWEST 12 AVENUE, CONTAINING APPROXIMATELY NINE HUNDRED FOUR (904) SQUARE FEET ("PARCEL 801"), AND AT 1975 NORTHWEST 12 AVENUE, CONTAINING APPROXIMATELY THREE HUNDRED FORTY-FIVE (345) SQUARE FEET ("PARCEL 803"), FOR THE PURPOSE OF INSTALLING AND MAINTAINING TRAFFIC SIGNAL MAST ARMS, PEDESTRIAN SIGNAL HEADS, TRAFFIC CONTROLLER CABINETS AND ELECTRICAL SERVICE DISCONNECTS, SIDEWALK CURB RAMPS, CURBS AND GUTTERS, AND PAVEMENT MAKING, ALL IN, OVER, UNDER, UPON, AND THROUGH SAID EASEMENT AREAS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT AND LICENSE WHICH CONTAIN A REVERTER PROVISION IF EITHER EASEMENT IS ABANDONED OR DISCONTINUED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO THE EASEMENT AND/OR LICENSE, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID EASEMENT AND LICENSE. ENACTMENT NUMBER: R-21-0040 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item PH.6, please see Item PH.1. City of Miami Page 35 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 PH.7 8419 Wynwood Business Improvement District Board RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), FOLLOWING AN ADVERTISED PUBLIC HEARING PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, EXPRESSING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID"); PROVIDING FOR THE NEED FOR THE LEVY OF SAID ASSESSMENTS; PROVIDING FOR A DESCRIPTION OF THE LEGAL BOUNDARIES OF THE BID AREA THAT IS SUBJECT TO THE ASSESSMENTS AS SET FORTH BELOW AND IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED; PROVIDING FOR A COPY OF THIS RESOLUTION TO BE SENT TO THE PROPERTY APPRAISER FOR MIAMI-DADE COUNTY, THE TAX COLLECTOR FOR MIAMI-DADE COUNTY, AND THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE INTERGOVERNMENTAL COOPERATION AGREEMENT AND ANY AND ALL OTHER NECESSARY DOCUMENTS TO IMPLEMENT THE CITY COMMISSION'S INTENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-21-0041 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item PH.7, please see Item PH.1. City of Miami Page 36 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 PH.8 RESOLUTION 8485 Department of Innovation and Technology A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, AS AMENDED ("CITY CODE"), WAIVING COMPETITIVE BIDDING PROCEDURES AND RATIFYING, APPROVING, AND CONFIRMING THE FINDING AND DETERMINATIONS IN THE CITY MANAGER'S MEMORANDUM, ATTACHED AND INCORPORATED AS COMPOSITE EXHIBIT "A", THAT COMPETITIVE BIDDING IS NOT PRACTICABLE NOR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") IN CONNECTION WITH THE PROPOSED PILOT PROGRAM DESCRIBED BELOW; PURSUANT TO SECTION 2-33(C)(9) OF THE CITY CODE, (A) ESTABLISHING A ONE (1) YEAR PILOT PROGRAM WITH MICROSOFT CORPORATION ("MICROSOFT") FOR THE USE OF MICROSOFT ENVIRONMENTAL DATA GATHERING PROJECT ECLIPSE PROTOTYPE SENSORS ON CITY -OWNED PROPERTIES, RIGHTS -OF -WAY, AND FACILITIES TO BE DESIGNATED BY THE CITY, AT NO COSTS TO THE CITY ("PILOT PROGRAM"), (B) AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ALL NECESSARY PILOT PROGRAM DOCUMENTS, (C) REQUIRING MICROSOFT TO PROVIDE TO THE CITY ALL DATA AND OTHER INFORMATION GATHERED FROM THE PILOT PROGRAM; AND (D) REQUIRING THE CITY COMMISSION TO DETERMINE WHETHER SUCH PILOT PROGRAM MAY BE GRANTED A ONE (1) YEAR EXTENSION, WITH ALL OF THE FOREGOING TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, LOCAL, AND CITY LAWS, RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PILOT PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0042 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item PH.8, please see "Order of the Day." Vice Chair Russell: PH.8, there is some discussion. Who would like to address? Madam City Attorney, you had something? Victoria Mendez (City Attorney): A substitution was sent out on that item. Vice Chair Russell: The basic substance of which is? Ms. Mendez: Jose, are you going to discuss this item? Are you going to discuss this item? Arthur Noriega (City Manager): Yes, he has a visual. Commissioner Watson: I asked this to be pulled. City of Miami Page 37 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: Yes. Commissioner Watson, you're recognized. Hold on just a moment, please. Commissioner Watson: Yeah. The question I have is, these environmental sensors in this pilot program, do we know where these environmental sensors are going to go? Jose Regalado: Currently -- Commissioner Watson: Yes or no? Mr. Regalado: -- there is two proposed sites -- Vice Chair Russell: Please state your name. Mr. Regalado: -- right now proposed -- well, first, Jose Regalado, office of the City Manager, assistant to the City Manager. These proposed pilot projects are in the Wynwood Woonerf area, which will collect air quality data over time in the mixed - use streetscape plan. These are the actual sensors. There's already a few of them up due to previous partners locally, specifically code for South Florida. And there's another project to measure the heat island defect in the Southwest Street Tree Master Plan. These are not final. This is just allows for us to proceed with the agreement, and we can pick the proposed sites and get it around the city. I do ensure that there will be sensors in every district in the City of Miami. Commissioner Carollo: So, sensors that they're putting out. Do you have pictures that we can see what they look like? Commissioner Watson: That's it. Mr. Regalado: Right here. Commissioner Carollo: Is that all? Mr. Regalado: That's it. Commissioner Carollo: Where they put at? Mr. Regalado: They'll be placed on the right-of:ways [sicJ, as well as our parks. So, it has a solid panel here. Commissioner Carollo: Right. Mr. Regalado: And there 's a new one that will be smaller than this, that will measure the heat island effect. Commissioner Watson: So, this is for air quality? Mr. Regalado: This one specifically is for air quality. Commissioner Watson: Do we have any to help us with this dumping issue problem? Mr. Regalado: No. Commissioner Watson: Microsoft, they got something? City of Miami Page 38 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Regalado: This is all Microsoft research. No cost us. We are going to partner with them hopefully. And this is all an open -data platform. So, we welcome collaboration from every sector. Commissioner Carollo: Your -- Vice Chair Russell: Mr. Watson, we do have a camera system available setup for if you have a hotspotfor illegal dumping. Commissioner Carollo: You're saying Microsoft. Is Microsoft the one that's actually putting them up? Or is there another company? Mr. Regalado: They will give it to us. Microsoft Research will give it to us, and we'll put it up or they will put it up. It's the agreement is mutually, but there's no third party entity. Commissioner Carollo: All right. That was my question. Vice Chair Russell: Commissioner, you're recognized. Commissioner Watson: Yes. This -- reach back out to them and find out if they can help us. Mr. Regalado: Absolutely. Commissioner Watson: We have cameras. We probably don't have enough, one, we don't have enough people to watch them, two, and I know they're far advanced in anything -- anybody we can find. We need some help with that because there's a lot of illegal dumping in areas that go unnoticed. So, that's part of a collective piece of if we can figure out who's doing it, we can nail them, and help us with this problem. But that's great for air quantity, but we need some additional help in areas that we don't have the manpower that suffices to help us with the problem. Yeah. So, in doing that and research if they can find that, they're good as gold, all right? Mr. Regalado: Of course, sir. Commissioner Watson: Thank you. Mr. Regalado: I'll also meet with you to see what we can do internally. Commissioner Watson: Appreciate it. Vice Chair Russell: Commissioner Dias de la Portilla. Commissioner Diaz de la Portilla: Thank you. Mr. Regalado, how does this technology work? You said that you have -- you'll have some of these devices in every district throughout the city. And air quality obviously changes depending on the area you're in. How many are you going to put in each district and how big is the pilot program and has it been approved? Mr. Regalado: Right now, the pilot program is for two different sites. It's one year. Commissioner Diaz de la Portilla: Right. Mr. Regalado: There is no firm set of how many sensors we are going to get. However, these are limited. There is a smaller sensor they're making for the Southwest Street Tree Master Plan area, that's the proposed site. City of Miami Page 39 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Portilla: Right. Mr. Regalado: That will measure the heat island of fact, so, the heat index, how hot it is. It's a measure of temperature and humidity. And these are smaller and we can put them more frequently. Commissioner Diaz de la Portilla: It's about what you have in your hand? Mr. Regalado: Yes. Commissioner Diaz de la Portilla: Okay. So, those two -- if two of those little things that you have in your hand you're going to put up? Mr. Regalado: No, we're going to put them up -- right. There's also an opening for us to partner with them to do more sensors, including -- because it's an open -data platform -- we can reach out to schools, we can go to -- Commissioner Diaz de la Portilla: Right. Right. But you said there'd be one in every district? Mr. Regalado: Yes. Commissioner Diaz de la Portilla: Going throughout the city, but you only have two devices. So, how does that math work? Mr. Regalado: For the two different projects, because of the -- these smaller sensors needs to be -- or rather, these sensors, there is a limited quantity, of them. So, they're manufacturing them themselves. So, as they continue, we'll increase the network. But it's really just for the pilot project that we -- Commissioner Diaz de la Portilla: Right. So, we -- so, what we're doing today or passing today is just for two devices in these two areas? Mr. Regalado: It opens up -- it opens up the -- it opens up the avenue for us to increase the partnership -- Commissioner Diaz de la Portilla: Hold on. That's not what I'm asking. What we're doing today is for two devices in these two areas, that's it? Mr. Regalado: What we're doing today is allowing the City Manager to get into the agreement. And that will fine up any of those questions that you have, so we can put it in different -- Commissioner Diaz de la Portilla: No, no, no. What we're doing today is two device in two areas. Later on, there'll be other conversations with putting additional devices in different parts of the district. You said to us that there will be some of these devices in every district, in other words, throughout the city. Mr. Regalado: Right. Commissioner Diaz de la Portilla: But what we're doing today is only these two areas that you picked, or the Administration picked, to place these devices. That's all we're doing today, right? Mr. Regalado: No. These are proposed sites. These are not -- this is just the -- Commissioner Diaz de la Portilla: Okay. So, they're proposed sites. Are you going -- there's still two sites, right? City of Miami Page 40 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Regalado: There are two sites in a large area of the city. Commissioner Diaz de la Portilla: That's not what I'm asking. If it's five districts and two sites and two of those devices, the math doesn 't add up. So, these two sites, how -- why were they picked? Are these areas the administration identified -- Mr. Noriega: To be clear -- clarify that this -- that it's not just two devices. Commissioner Diaz de la Portilla: Well, that's the point, right. Mr. Noriega: It's multiple devices within each of those potential locations. Commissioner Diaz de la Portilla: Right. But why were these two areas picked? Is there an air quality problem in these two particular areas the Administration has identified -- Mr. Noriega: So, -- Commissioner Diaz de la Portilla: -- that I'm unaware of or is it -- Mr. Regalado: A few months ago, the Southwest Street Tree Master Plan came to the City Commission for an information session here. Prior to that, a month before, there was a non-profit grant that measured heat island effect in that same area, as well as other parts in the city. The data was varying because it wasn't consistent since it was done with volunteers. They -- it actually -- it was under volunteers. It wasn't a good dataset. I don't want to say it's not a good dataset, but it was -- because they all worked hard on it, but this was one of the avenues. This is not a final site. This was just an idea because it was approved by Commission. Commissioner Carollo: What specific area? Mr. Regalado: The Southwest Street Tree Master Plan -- Commissioner Carollo: No, but what specific area are these going in again? Mr. Regalado: Pardon? Commissioner Diaz de la Portilla: We're doing -- Commissioner Carollo: What specific area are they going in? Mr. Regalado: The Southwest Street Tree Master Plan is one of the areas for the heat and humidity -- Vice Chair Russell: Mr. Regalado, could you describe the footprint of the Street Tree Master Plan. There was several districts. Mr. Regalado: Right. Vice Chair Russell: So, it would be good to explain that. Mr. Regalado: Golden Pines, Coral Gate, Shenandoah, Silver Bluff Little Havana, West Flagler, I believe, La Pastorita, I believe, and the Roads. Commissioner Carollo: But that's a super huge wide area. Where are these that were -- City of Miami Page 41 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Regalado: These specifics are in the Wynwood Woonerf area. Commissioner Carollo: Wynwood? Mr. Regalado: Woonerf. It's a project for a mixed streetscape by planning. Commissioner Watson: By who? Mr. Regalado: Planning Department submitted the plans along with the resilience -- Commissioner Watson: But why these areas? What's your logic behind the areas? Vice Chair Russell: I can help with that. So, -- Commissioner Watson: We need help. Vice Chair Russell: -- wherever we're going to do a large tree planting, we want to start to measure and see what a difference that makes. And So, we need to measure before and then after the plantings. And these are two particular projects where we're doing big tree planting, several trees in one spot, and they're in several districts. I'd recommend that if any of us has a area planned that we would like to see planted, make sure that it's included in this, because -- because it can make a big difference in sort of'proving why it's good to plant trees and -- Vice Chair Russell: Mr. Reyes, you're recognized and Commissioner Carollo. Commissioner Reyes: Yes. But as I do understand what we're doing here today, we're opening up -- I mean, we authorizing the program. And that program went well, and we authorized that program. We are opening all areas in the City of Miami, Florida, to he able to obtain one of those devices, right? Mr. Regalado: Yes, sir. Commissioner Reyes: And my only question is -- and I know what you're trying to do. You just want to establish the program and you're going to establish the program now with only two. But that doesn't mean that other areas of the city can't also benefit from the program, and you can bring that into the other areas. My question is: How do you -all --1 mean, how -- what criteria are you going to use in order to pick in -- for example, in Little Havana or Flagami, in order for making -- you guys to make the decision to place one of those devices? Mr. Regalado: We will meet with the district representatives -- Commissioner Reyes: Okay. Mr. Regalado: -- and talk about the different sites. This will just allow -- these were just proposed sites to have an idea of how this looks -- how this could look. Commissioner Reyes: Okay. So, -- Mr. Regalado: The sensors are also the -- there's only two sensors finalized now. Commissioner Reyes: Okay. Mr. Regalado: But Microsoft is working an further sensors, including water quality sensors. City of Miami Page 42 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Reyes: If that -- 1 mean, summarized, what we're doing, we're starting the program. And once the program is established, 1 mean, it could be enhanced. Mr. Noriega: Yeah. Commissioner Reyes: That's it. Mr. Noriega: IfI may, Commissioner. One thing that 1 want to just highlight as part of this. He made of a small -- slight reference to the fact that data had already been collected, right, as part of that plan. And so, the idea was, take that data, match it against this new data that's collected with the new sensors so that you can see how the areas impacted by tree canopy. That -- that's really the rationale for that location. Commissioner Diaz de la Portilla: Okay. Mr. Noriega: When he says two sensors, he's talking two sensor types, not just two sensors will be installed. He's just saying that only two types of sensors have been developed. Commissioner Watson: That's helpful. Mr. Noriega: I'm just -- I'm just trying to clarify. It's not just two sensors. There's no way -- we won't collect any data with just two sensors. Commissioner Watson: No. Mr. Noriega: There'll be multiple sensors. It's just Microsoft has only developed two product types at this point. Commissioner Watson: Okay. That's helpful. Vice Chair Russell: Thank you, Mr. Regalado. Is there any further questions on PH 8? Commissioner Watson: Well, the last thing is that I couldn 't understand the last words you were saying. So, is this going to follow street plans throughout the city or just street plans in those particular areas? Mr. Regalado: For street plans or tree plans? Commissioner Watson: Well, -- Mr. Regalado: It will help us -- and the data will aid us in -- with infrastructure projects as we actually can see how -- Commissioner Watson: But you've got to follow established plans. I heard you say something about a tree or street. Was it street plans or was it tree plans? When you named off the areas, Little Havana, so on and forth, that was based on already established plans? Mr. Regalado: Yes. That's the master plan for the Southwest Street Tree Master Plan. Woonerf is a mixed -use street -- Commissioner Watson: So, we step out -- step out forward, regardless of whether an area has a plan, and have them now do it, footprint citywide? Okay. City of Miami Page 43 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Noriega: Yeah, well work with it. It's the start of the pilot. Commissioner Watson: Okay. Mr. Regalado: All right. Thank you, sir. Vice Chair Russell: Thank you, Commissioner Watson. Any further discussion on PH 8? Hearing none, all in favor, say "aye." Todd B. Hannon (City Clerk): Chair? Vice Chair Russell: Yes. Mr. Hannon: I'm sorry. I did not catch a motion or a second. Vice Chair Russell: Is there a motion? Commissioner Carollo: Motion. Vice Chair Russell: Moved by Commissioner Carollo. Second by Commissioner -- Commissioner Watson: Second. Vice Chair Russell: -- Watson. Vice Chair Russell: Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you. Mr. Hannon: As amended? Vice Chair Russell: Yes. With the -- was amended. END OF PUBLIC HEARINGS City of Miami Page 44 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 RE - RESOLUTIONS RE.1 RESOLUTION 8369 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING APPROPRIATIONS AND MAKING DE -APPROPRIATIONS AND RE -APPROPRIATIONS RELATING TO THE GENERAL FUND FOR THE 2020-2021 FISCAL YEAR OPERATING BUDGET AS ORIGINALLY AUTHORIZED PURSUANT TO ORDINANCE NO. 13926 ADOPTED SEPTEMBER 24, 2020 ("ADOPTED OPERATING BUDGET") AND AS PREVIOUSLY AMENDED PURSUANT TO RESOLUTION NO. R-20- 0409 ADOPTED DECEMBER 10, 2020 ("AMENDMENT #1 TO ADOPTED OPERATING BUDGET"), ALL AS SET FORTH IN THE CITY MANAGER'S MEMORANDUM DATED JANUARY 4, 2021 ("CITY MANAGER'S MEMORANDUM") AND ATTACHMENT "A" THERETO, ALL AS ATTACHED AND INCORPORATED (COLLECTIVELY, "COMPOSITE ATTACHMENT A"); AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE ADOPTED OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN REGARDING CITY OF MIAMI SERVICES AND RESOURCES AS NECESSARY AND LEGALLY ALLOWED TO ASSIST THE PUBLIC DURING THE NOVEL CORONAVIRUS ("COVID-19") PANDEMIC AND OTHER EMERGENCIES; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED OFFICIALS AND DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS AND FOR NECESSARY RELATED DOCUMENT NEGOTIATIONS AND EXECUTIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR APPLICABLE EFFECTIVE DATES. ENACTMENT NUMBER: R-21-0043 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: Sorry, just a minute. All right. So, we'll start with RE.1 and RE.2. Commissioner Carollo, I believe you asked for comments or was that -- Commissioner Diaz de la Portilla, RE.1 and RE.2. You're recognized. Commissioner Diaz de la Portilla: Mr. Manager, we had -- or Mr. Casamayor rather -- we had a full conversation yesterday about additional items that are going to be amended into this proposal. Has that been done? Fernando Casamayor (Assistant City Manager/Chief Financial Officer): We have not made the amendments. Sir, if you'll allow me to do so -- City of Miami Page 45 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Portilla: Yes, sir, please. Mr. Casamayor: -- we can do so. Fernando Casamayor, the assistant City Manager. Along with the items that are listed in RE.1, we are asking that we include $150,000 to Brigade 2506, $150,000 to the Cuban Museum, and $365,000 in order to reopen the remaining amount of time for the Grapeland Water Park. Commissioner Diaz de la Portilla: Does that include also the opening of the -- would it be an item? As amended, does it include the opening of the mini dump at 20th Street? Mr. Casamayor: Yes, sir. Commissioner Diaz de la Portilla: Okay. That's all. Mr. Casamayor: And the $665,000 or so that we will be amending this for will be coming from the same reserve that we will be taking the rest of the 12.7 out. Commissioner Diaz de la Portilla: Okay. And one additional question. There's $1 million in there, right, for a park? Mr. Casamayor: That's RE.2, sir. Commissioner Diaz de la Portilla: Is it? We're -- are we talking about both items? Are we talking about RE.1 or 2? Vice Chair Russell: We're addressing both. Commissioner Diaz de la Portilla: Okay. We're addressing both. So, RE.2 s $1 million for a park. I believe in Commissioner Russell's district, right? Right outside Commissioner Reyes' district on 32nd Avenue and 29th Street if I remember, something like that, right? Mr. Casamayor: Yes. That's in the item. That doesn 't need to be amended though. Commissioner Diaz de la Portilla: Oh, that's in the item? But okay. So, let's talk about it. Tell me about it. There's $1 million for a park, or acquisition of land for a park. Why is that a priority for this Administration? Mr. Casamayor: I'm going to defer to the district Commissioner, but it's aligned -- it's near the Underline. So, it's actually right -- abutting the Underline. It is a 36,000 square feet, 1 believe, is the amount of land that would be there. So, it will be complementary to the Underline. Commissioner Diaz de la Portilla: Well, obviously you want $1 million for your district, I get that. But it's land that's being purchased for a project that we were -- for adjacent land project that we spent, I think, the Underline. Because I think that we spent a considerable amount of money, right, so far? Not only our city but the county. and sides of the state and everybody else. With you pumping money into this project, so it's an administration proposal made at the request of the Commissioner. But my question is: Is that a priority for us right now to spend $1 million on acquisition of park land for underlap -- for the Underline again? Mr. Casamayor: Sir, I mean, where -- Mr. Noriega: IfI may, Commissioner? City of Miami Page 46 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Portilla: Yes, sir. Mr. Noriega: It's not really -- it -- it'll happen to be a amenity for that footprint in terms of the Underline. But it's also a parks acquisition that will also serve us in the efforts to accomplish some of our goals with regards to no net loss as well. Commissioner Diaz de la Portilla: Okay. The other concern that I have is that we continue to augment the funding for parts of District 2 and we're not doing -- not prioritizing parks in the poorer parts of our city. And I want to be clear -- every time this happens, I see it --1 want to make sure that poor kids can have nice parks too, that's all. Mr. Casamayor: Yes, sir. Thank you, Commissioner. Vice Chair Russell: Commissioner Carollo. Could you turn your microphone on? Commissioner Carollo: Where's the address of this property? Mr. Casamayor: What, the park property? Commissioner Carollo: Yes. Mr. Casamayor: I believe it's 3950 Southwest 29th Street, and I'm going off the top of my head, sir. Commissioner Carollo: Okay. And it's over 30,000 square feet, correct? Mr. Casamayor: I believe it's about 36,000 square feet, according to the property appraiser. Commissioner Carollo: And we've -- Mr. Casamayor: It's two lots. Commissioner Carollo: -- we've bought the land already, it's ours? This is going to be part of what we're going to use to buy it? Mr. Casamayor: Yes, sir. Commissioner Carollo: What's the total price of that land? Mr. Casamayor: I don't have that with me. I need a moment to get the total price. Mr. Noriega: 1 think it's a little over $2 million. There's some also additional money from Commissioner Russell's office that's being reallocated from Virginia Key. So, it's a combination of the two. Commissioner Carollo: How much were you reallocating, Commissioner, approximately? Mr. Noriega: I don't remember off the top of my head. Commissioner Carollo: That's why I'm saying from his office, how much was he -- Mr. Casamayor: Yeah. I believe it's -- I believe it was a million, five that was coming from a project in Virginia Key, I believe. Commissioner Carollo: It was coming from where? City of Miami Page 47 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Casamayor: A project in Virginia Key for Arthur Lamb Road. Commissioner Carollo: So, he was reallocating that money? Mr. Casamayor: Yes, he's reallocating that money. Commissioner Carollo: So, that -- that's -- like, all the parks need priority. I understand what Commissioner Diaz de la Portilla stated. We all feel that way, but the bulk of the money is being reallocated within District 2. So, that's a pretty big chunk of land that we don't have many opportunities throughout our whole city. 1 don't care what district you want to look at to acquire big chunks of land like this that are 25, 30, 35, 40,000 square feet. So, when you find them, I truly believe you've got to grab them and move forward with them. So, -- Vice Chair Russell: Thank you, Commissioner. Commissioner Carollo: -- even though I would like it to be in my district, it has the least parks. Vice Chair Russell: I'll tell you though, it's very -- it is very close to District 3 and 4, and it 's definitely not within a wealthy part of District 2. Commissioner Carollo: No -- Vice Chair Russell: This is in a part north of US-1 ? Commissioner Carollo: It is. That's a poor area -- Vice Chair Russell: That definitely could use -- Mr. Casamayor: Can I --? I'm sorry. Commissioner Diaz de la Portilla: Chairman Russell, hold on a second. Vice Chair Russell: Yes, you're recognized. Commissioner Diaz de la Portilla: But to be clear. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: 1.5 million was a reallocation from Virginia Key to this area? Vice Chair Russell: Whatever it states in the thing, yes. Commissioner Diaz de la Portilla: There's an additional million for general revenue going here? Mr. Casamayor: From park impact fees. Commissioner Diaz de la Portilla: From general revenue, right? Commissioner Carollo: Yeah. Well, no -- park impact. Commissioner Diaz de la Portilla: Right. But it's still an additional million? Mr. Casamayor: Yes. City of Miami Page 48 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Fonda. So, it's not a movement from within District 2, it's an additional million being put it, right? Is that correct? Mr. Casamayor: That is correct. Commissioner Diaz de la Portilla: Okay. Just want to clarify. Mr. Casamayor: I'd like to -- if you give me a moment to also clar fv. I mentioned it was 3950, I believe it's 3250 -- Commissioner Diaz de la Portilla: Okay. Mr. Casamayor: -- Southwest 29th Street. Commissioner Carollo: Okay. Commissioner Reyes: That's next to my district. Commissioner Diaz de la Portilla: Does this impact the no net loss policy? Mr. Casamayor: It may. Vice Chair Russell: We would have to rezone it. Mr. Casamayor: We would have to rezone it and would add an additional 36,000 square feet, almost an acre. Commissioner Reyes: Yeah. But there's no net loss there. Commissioner Diaz de la Portilla: No, hut does it impact future no net loss conversations once they resolve -- once they readjust it? Commissioner Reyes: No, that doesn't apply. Commissioner Diaz de la Portilla: It does. Actually, it does. Commissioner Carollo: I'm ready to move on to -- is there a motion made in this? Vice Chair Russell: Commissioner Watson? Commissioner Watson: Yeah. Let me just say this as it relates to the parks and how they are and what we spend. And Commissioner -- my colleague just mentioned something. All these parks in different areas get used for different things. So, I want to ask the manager, please, on a lot of my parks are organizations that are dying on the vine. I wish they could move to other locations to continue their operations. They're dealing with kids, and they're dealing with funding sources that won't allow them to move. And, you know Lord knows, a lot of these kids that they deal with need to be kept being dealt with. And so, to that end, I'm not trying to lift a blanket policy, but take a look at the parks in 5 where you have organizations who deal with kids on our parks inside, and let's find some sort of way for them to have at least a limited operation because the trust needs other organizations. I tried to get some to be moved, they won't fund them if they move to a church. They won't fund them if they move somewhere else. But -- but they're dying on the vine. So, let's see if we can help them out in some kind of way, all right? Thank you. Commissioner Carollo: Is there a motion -- City ofMiami Page 49 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Reyes: I'll move. Commissioner Carollo: -- decided? Vice Chair Russell: We have a motion from Commissioner Reyes, a second from Commissioner Carollo for RE.1 and RE.2? Commissioner Carollo: I think it was RE.1 back in the -- you know, RE.1 and RE.2 is fine. Vice Chair Russell: Okay. Commissioner Reyes: That's right. Vice Chair Russell: There's been a motion and second on RE.1 and RE.2. Todd B. Hannon (City Clerk): And, Chair, just for the record, RE.1 's being amended, RE.2 is being adopted as is. Vice Chair Russell: Thank you. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you very much. Thank you. City of Miami Page 50 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 RE.2 RESOLUTION 8052 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO (A) ADD CAPITAL PROJECTS TO THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2020-2021 MULTI -YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 24, 2020 PURSUANT TO RESOLUTION NO. R- 20-0307 AND AMENDED ON DECEMBER 10, 2020 PURSUANT TO RESOLUTION NO. R-20-0409, (B) UPDATE FOR THE FISCAL YEAR 2019-2020 CLOSE-OUT AMENDMENTS TO THE MULTI- YEAR CAPITAL PLAN AS SET FORTH IN ATTACHMENTS "A" AND "B", ATTACHED AND INCORPORATED, (C) REVISE CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS, (D) FURTHER DE -APPROPRIATE, RE -APPROPRIATE, AND APPROPRIATE FUNDING FOR THE EXISTING AND ADDED PROJECTS, ALL AS SET FORTH IN THE JANUARY 4, 2021 MEMORANDUM OF EXPLANATION OF CAPITAL APPROPRIATIONS AND RE -APPROPRIATIONS WITH EXHIBITS "A" AND "B" THERETO, AND (E) ACCEPT FUNDING IN THE AMOUNT OF $120,000.00 FROM THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY FOR A NEW CAPITAL PROJECT AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A RELATED PROJECT AGREEMENT; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY OFFICIALS AND DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0044 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item RE.2, please see Item RE.1. City of Miami Page 51 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 RE.3 8300 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT AN OFFER TO SETTLE, NEGOTIATE 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 MIAMI- DADE COUNTY, MIAMI MARLINS, L.P., A DELAWARE LIMITED PARTNERSHIP ("PARTNERSHIP"), AND MARLINS TEAMCO, LLC, A DELAWARE LIMITED LIABILITY COMPANY, IN THE CASE STYLED THE CITY OF MIAMI, ET AL. V. MIAMI MARLINS, L.P., A DELAWARE LIMITED PARTNERSHIP, AND MARLINS TEAMCO, LLC, A DELAWARE LIMITED LIABILITY COMPANY, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 18-4718- CA-43. ENACTMENT NUMBER: R-21-0045 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: Moving to the RE agenda. There was no request to pull anything in particular from the RE agenda. I have a question on RE.6. Commissioner Carollo: I do too. I have some questions on RE.4, RE.7 I want to discuss, and I want to discuss openly with the City Attorney, one of my items sponsored by all of you, RE.8. Vice Chair Russell: RE.8? So, 1 will pull those items and 1 will see if we have the will to pass the remaining which is RE.1, 2, 3, and 5. Commissioner Reyes: Move. Vice Chair Russell: Moved by Commissioner Reyes. Second -- Commissioner Diaz de la Portilla: Hold on. Hold on. Vice Chair Russell: Sure. Commissioner Diaz de la Portilla: I'm sorry. This will be fast. I have a question on RE.1 and RE.2. Vice Chair Russell: All right. I will pull RE.1 and 2. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: Let's see if we can pass RE.3, which is the settlement with the Marlins and RE.5. Is there a motion for RE.3 and 5? Commissioner Watson: Move. City of Miami Page 52 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: Moved by Reyes, second by Commissioner Watson. Any discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Thought somebody wanted to talk about the Marlins. All right. RE.4 RESOLUTION 8444 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI ("CITY") TO ISSUE IN TRANCHE 2 BOTH TAXABLE AND TAX-EXEMPT GENERAL OBLIGATION BONDS PAYABLE FROM AD VALOREM TAXES PROVIDED THAT THE CAPITAL PROJECTS DEBT MILLAGE NOT EXCEED THE RATE OF 0.5935 MILLS IN ACCORDANCE WITH THE NOVEMBER 7, 2017 BOND REFERENDUM APPROVED BY THE VOTERS IN AN INITIAL EXPECTED NOT TO EXCEED TOTAL MAXIMUM PRINCIPAL AMOUNT OF FORTY MILLION DOLLARS ($40,000,000.00) IN ORDER TO, AMONG OTHER THINGS, REIMBURSE THE CITY FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO CAPITAL PROJECTS TO BE UNDERTAKEN BY THE CITY TO IMPROVE AFFORDABLE HOUSING WITHIN THE CITY'S LIMITS (COLLECTIVELY, "TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS"), ALL AS INDICATED IN THE CITY MANAGER'S MEMORANDUM AND PROPOSED SEVEN (7) AFFORDABLE HOUSING STRATEGIES IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED (COLLECTIVELY, "TRANCHE 2 STRATEGIES FOR AFFORDABLE HOUSING PROJECTS"); ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER, DESIGNATED CITY OFFICIALS, AND DEPARTMENTS, IN CONSULTATION WITH THE CITY ATTORNEY AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY AS NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE UNITED STATES INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE LAWS OF THE STATE OF FLORIDA ("STATE LAWS"),THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), AND THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND FOR COMPLIANCE THEREWITH; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI -YEAR CAPITAL PLAN AS NECESSARY. ENACTMENT NUMBER: R-21-0046 City of Miami Page 53 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item RE.4, please see "Order of the Day." Vice Chair Russell: 1 believe we have RE.5 at this point. Commissioner Carollo: RE.3? Vice Chair Russell: RE.3 we have not taken up yet either. Thank you. RE.3? Todd B. Hannon (City Clerk): RE.3 was adopted. Vice Chair Russell: Yes, we did. All right. Mr. Hannon: RE.4 is in play. Commissioner Watson: So, we took up RE.1 ? Vice Chair Russell: Thank you. The only remaining item, Mr. Clerk, on the RE agenda is RE.4. Commissioner Carollo: No, you got RE.7. Mr. Hannon: RE.4 -- Vice Chair Russell: 4, 6, 7, 8. Got it. So, we did 5. Thank you. 1 mismarked my agenda. Commissioner Carollo: 4, 6, 7, and 8. Vice Chair Russell: All right. So, let's move to RE.4, please. Commissioner Carollo: Okay. Vice Chair Russell:: This is the tranche 2 of the Miami Forever Bonds. Who would like to address this item? Commissioner Watson: Well, let me ask a quick question. Vice Chair Russell: Yes, Commissioner Watson. Commissioner Watson: 1 thought that the amendment on the budget items was taken out about Commissioner Carollo for discussion, no? Vice Chair Russell: Which amendment? Commissioner Watson: The amended budget items, RE.2. I thought we took -- Vice Chair Russell: Yes, we addressed, and we discussed. If there's something you'd like to further discuss on RE.2 too, we can reconsider it. City of Miami Page 54 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Watson: Well, let me now go back to at least that item. I wanted to find out the ability to add some monies to the Communications Department for the social media aspect. I know it's great for the myriad of 2 million tweets, but none of us are engaged in that. Some of it -- some of us do it offline. Would it be good and great for them to be able to do it to the extent they can. So, if there's an ability to add some money to that on your -- we can bring it back. Doesn't have to be done today, but ability to do that and we can talk about whatever that is in a minimal way. Arthur Noriega (City Manager): All right. We'll certainly look into that, yes. Commissioner Carollo: And I suggest, Commissioner Watson, you sit with the Manager. Commissioner Watson: Yes. Commissioner Carollo: Go over with him and then bring back whatever you all -- Commissioner Watson: Most definitely. Thank you. Vice Chair Russell: Thank you. So, we are on RE.4, which I believe is your item, Mr. Watson. Commissioner Watson: Yes. Well, I'll let Mr. -- Keith Carswell (Senior Advisor to the City Manager): Good morning, Commissioners. RE.4 is an intent to reimburse the general fund for $40 million for - Vice Chair Russell: Just introduce yourself before you start. Mr. Carswell: Keith Carswell, office of the City Manager. Vice Chair Russell: Thank you very much. Sony. Mr. Carswell: Sorry. RE.4 is an intent to reimburse the general fund for $40 million for affordable housing as part of tranche 2 of the GOB (General Obligation Bond). As you may recall, tranche 1 had about $15 million for affordable housing. Commissioner Carollo: Can I interrupt you for one second? I'm sorry. So, the fall -- the full $40 million is for affordable housing? Mr. Carswell: Yes. Commissioner Carollo: Okay. All right. So, we had 15 before that we let go. We had 85 left. So, this would bring us up to 55 million and it would leave us only with 45 million left? Mr. Carswell: Correct. And what is important to note also as part of that tranche I, there was 5 million for infill, 10 million for multifamily. Of that 10 million, 9.9 has been committed already through the Commission. So, in order for us to -- to consider any additional projects such as the one that was approved by Block 55, that funding would come out of the 40 million allocation. Commissioner Carollo: In other words, the 5 million that we agreed upon, and I think all of us basically sponsored it, that 5 million is going to be part of this 40 million? City of Miami Page 55 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Carswell: Yes. Commissioner Carollo: Okay. Okay. So, we can start with agreeing on 5 million here. So, let's talk about the other 35 million. Mr. Carswell: And one of the things that the administration has been seeking, as you know, you sponsored an item where the -- whether the Commission established a taskforce. There was one appointee to the taskforce from the Commission, but because of financial disclosure, that individual decided not to participate. And so one of the challenges that we've had is that we've kind of looked for direction. There had been some informal discussions about the allocation of the balance of the proceeds, whether it's going to be done based on CDBG (Community Development Block Grant) allocation, whether it's going to be done based on a first -come -first - serve basis. We have -- through community development, we've had an open RFP (Request for Proposals) process. And through that open process, I can tell you we have about eight projects in various stages of review. And of those eight projects, six are in D5 (District 5), just by nature of the activity and the opportunities. And so, from the Administration standpoint, at some point, I guess we would look for some further direction. But the other item that you approved today, thankfully was a signature project, something that was totally unique with 250,000 square feet that you approved. So, that was different than what we have historically done. But I think going forward, we will welcome some direction. Commissioner Carollo: Chair, can I speak? Vice Chair Russell: You're recognized. Commissioner Carollo: The biggest concern that I'm having is, is that since I've arrived here, I keep hearing that everything that we need to approve in rezoning, when developers can only build, lets say 200 units, and they're asking for us to approve 400, 500, 600, is that you need to approve this because we're going to give you such a deal. We're going to give you workforce housing. And this workforce housing is the biggest fraud that I have seen since I've been in this city. What we're doing is, we're pretending to the public that we're doing what's right. Look what we've accomplished. When in fact, all we're doing is letting a handfid of developers fill their pockets so they could become more filthy rich, and we're not doing anything for the residents that live in this city. That workforce housing, which in a two - bedroom, you might be lucky if there's a $200 difference a month between market costs. It's going to be for people that are going to be coming from outside of the City of Miami moving in here, not for our residents. Furthermore, it's going to start changing many if not most of our neighborhoods where in Commissioner Watson's district, you 're going to be getting people very different, in culture, it may be skin color, and many other ways from the people that live there. The people who live there are going to be pushed out more and more and they're going to be poorer and poorer. My district, the same thing is happening. Commissioner Reyes district, Diaz de la Portilla's district it's happening, even in the areas of Commissioner Russell's district, like the West Grove and some other areas. One area is where we just approved monies for this park. So, you know, I know it sounds right when we pitch it to the public and the media, but my mother had a saying that paper holds as much ink as you want to put into it. I want to be realistic. I came here to truly try to accomplish something and leave it behind for future generations. That we can actually create a product that will be unique that I think could be duplicated in the rest of the country, where residents that live here, not that we're bringing from somewhere else -- are going to be able to own their own home. That's the big difference. And once we give this money out, with all these ideas and -- yeah, you've mentioned it, and I know it's good bait for Commissioner Watson that it's most of his district. But how much is really going to help that district? I don't know. I mean, I City of Miami Page 56 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 would take the lead from him. The concern that I have is that it's going to soon that you could count them in one hand and you're going to be reassured, developers, and they're all putting top dollars from what they're doing. And I've seen this from the county to here. And my question is: We need to, before we start giving all this money out -- and frankly, you guys in the administration cook it up before we even decide. We're here supposedly chose to rubber stamp everything. And I'm not a rubber stamper. So, we need to analyze this whole workforce gig, can we on our own do better than workforce. And what I'm bringing in for next meeting -- and, Mr. Manager, they had two weeks of people we met with -- I'm bringing in something for next February meeting, whether they want it or not, because all we did was give those people the courtesy of a meeting. They don't own their land. This is a side barred issue that I want the manager to understand. But once we give money out for these products, that's it. We give it one time only. I want to be able to recycle our dollars so that at most every two years, we get our money back and we keep using it. And you can only do that by giving people homeownership where they get a mortgage, and it's going to be very easy for the bulk of our residents to be able to get it in the plan we're going to propose. And all we got to do is build, we give it to them at cost, which is probably going to be 50 percent less than market rate. There has to be a deed restriction for the life of that property. Otherwise, people are going to sell it the next day, a month later, six months, a year later, and they're going to make a lot of money and then we accomplished nothing. So, there's going to be a deed restriction that that can't happen, and we'll explain in another time how that's going to be done, how that'll work. But the difference is going to be that at most within two years, once we build a product, someone gets a mortgage, they move in. The minute they get that mortgage, we get our money back, and we start again rebuilding. And you keep on and on and on. And with that same money that we're giving out for all of this workforce housing, that by the way, we have no way of making sure or monitoring, now or in the future, if they're even going to keep their word that they're going to have workforce housing. I mean, my God, if we don't have people to look at and patrol, as we heard here from neighbors today, yachts coming in, music as loud as it will go, the drinking. Commissioner Russells famous two homes in the Grove that were on top of each other, and nobody in the City of Miami ever saw anything. We got places in my district that for six years, hundreds of thousands of dollars spent without a single permit. No fire sprinklers. Didn 't even have in the back. Again, alcohol permits to be sold, no food to be given. The front, the back, everywhere was changed. For six years, nobody ever saw anything. And you're going to tell me that we're going to monitor to see if all these people that were given hundreds and hundreds of additional units to build -- we're going to monitor to see if they actually did workforce housing, that it's only a little bit indifference to market rate? I don't think so. Not all you guys, I know, but you're going to give us that spiel because at the end of the day, your biggest worry is making sure that every two weeks you go and get a paycheck and, you know, you'll be there, and you think as the people up here change. But 1 'm tired. Frankly, if 1 can't do anything for the people of this city being up here, I don't want to be here. And, Mr. Manager, this has to be changed. And by the wav, getting a little bit from this, we need to bring all our employees back. We can't be paying huge salaries on people being at home. If all of our employees that work for each of us have to come to work every day, if each of us have to come to work every day and right there with the public, every other employee of the City of Miami needs to come to work and stop being at home. And those that don't want to do that, then they shouldn 't be working for us anymore. I mean, I'm at risk, every one of us is at risk, every one of our employees at risk as much as anybody else who works for the city. So, having said that, let me go back to this. I think that we need to see how we're going to spend this money. I don't want to approve more money when you guys are cooking it up already. And you're just giving me the final plate for me just to rubber stamp it and, you know, approve it. Otherwise, I'm a bad guy because all this workforce housing that weren't going to give up. City of Miami Page 57 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Carswell: Commissioner, if1-- Mr. Noriega: Keith, Keith, Keith. Mr. Carswell: -- could clarify. Mr. Noriega: Keith, Keith, let me handle this. I think there does need to be a little bit of clarification. This is clearly defined as an intent resolution. The idea is, the Commission is saying, we intend to spend this money, right, on affordable housing. Now we need to go figure out what that plan to spend the money is. That's the whole reason why he made a reference on the committee that's still not fully formed, which this Commission voted to structure, to give guidance on how to spend that money. We have not cooked up a single thing with regards to how this money gets spent. The Commission, as sort of straightforward, like, has to really help us, guide us, and give us what their priorities are with regards to how this money gets spent. Well, that was the intent of the committee to formalize it and create a strategy. But in order for us to ever be able to spend the money, you have to pass the intent resolution first. Commissioner Carollo: Mr. Manager, I suggest that you speak to the committee and give any of us the opportunity to address them that we haven't had. Like, I would've liked the same with the committee that was meeting here yesterday, hearing to the potential police chief candidates. It would've been nice if before that started, they could've heard from any one of us that if'wanted to have spoken on our observations. I'm glad that we at least had two former Miami police chiefs in that committee. Chief Clarence Dickson, an excellent former police chief along with the former chief, Ken Harms that was a very good police chief also. And both of them from different perspectives in life, in many other areas, but one perspective in knowing what a police department needs, were two very good choices to have and put into that committee. Vice Chair Russell: Commissioner, if I could go back to what you had brought up a second ago, because I know we're getting into a little bit of your discussion items. But I think, Mr. Manager, Commissioner Carollo was actually giving the guidance and he wants to be heard that workforce is not the greatest problem we have with regard to affordable housing. And Commissioner Reyes has said this for years -- Commissioner Reyes: Yes. Vice Chair Russell: -- that workforce is a giveaway. Now, I know that if we are trying to woo tech to the City of Miami, we will need workforce housing. We will need to be able to house young professionals. But what they're saying when you're looking at the bonds, when our residents have, you know, given us the ability use their tax dollars to go out and -- and bond monies to create affordable housing, they want real affordable housing with deep affordability. Let's use zoning to work on workforce -level housing. Let's use other incentives, but let's take the bond -- Commissioner Reyes: Absolutely. Vice Chair Russell: -- that is limited, and let's go deep. Let's really make it, let's really leverage it, and let's get real affordable housing, ELI housing. Commissioner Reyes: Yes. Vice Chair Russell: This is -- and I will not give up pushing on workforce and at the new levels that workforce is defined, thank you, Commissioner Reyes, but I think City of Miami Page 58 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 you're getting a message here on how that tranche should be concentrated as you issue RFPs for this -- Commissioner Carollo: It has to he affordable housing. That's what -- not workforce housing. Vice Chair Russell: Commissioner? Commissioner Reyes: Okay. So, you see, I'm glad that we have a consensus that workforce is a -- you know, most of the literature, they specified on and criticizing workforce is, is that workforce was a term used in order to avoid using affordable. Because in some neighborhoods, they were not -- I mean, too popular that they determined affordable. And that has been abused and it's not workforce. I agree with Commissioner Russell that if we are going to use that term, workforce, that we want to give an incentive, which I don't think that we have -- I agree with that Commissioner Carollo -- we don't have the manpower to make sure that those promises are complied. They comply with those developers comply with those promises. But this is our money, and this is -- this money is going to be invested by us, or it's going to be leveraged with developers. So, we are in a position that we can determine, okay, we are going to leverage this money, and but we going to do it in a way that we are going to benefit those people that need it the most. And those people that need it the most -- needs it the most in our city. You see? I really -- and I said it again, you see? I said it -- I mentioned when I first got here, you see, we are losing people that live in Overtown. We lose some people that live in Little Havana, you see? Because there's not enough affordable housing and the development, it is out of their range, you see? We have to take care of those people and don't lose them, Liberty City, Little Havana, Overtown. Overtown, we can see the Overtown is totally -- I mean, it's the essence of all -- of Overtown, in my opinion, is in danger. So, what I'm saying is, that I agree that we should really, really seriously, seriously look at developing units for home ownership. Home ownership is extremely important for the neighborhoods -- I mean, to preserve the neighborhoods. It' s extremely important. And it provides that rest for people that could afford them with a sense of pride, you see? And I, all the time -- I remember back in the days when I was the economist for the Overtown Park/West redevelopment project, that was one of the things that we've tried all the time with everything, that we wanted to -- the message that we wanted to send: homeownership, you see? And having said that, I see that we have, I don't know, $35 million. I don't know how that is going to be divided. But we need some of that money for land acquisition. We need some of that money for land acquisition. And in those districts that they have projects down the pipe, do you see that? We have -- for example, I have -- I was land -banking because I wanted to make an affordable housing project there. I have four lots that I want to make it into homes that people can, first-time buyers, come by at cost, you see? And then I agree that that money can be recycled again and again. So, I want to ask you, sit down, think how can we best spend this money in different areas, you see? How can best we spend this money. And let's get the biggest bang for the buck. The biggest bang for the buck. Commissioner Watson: Mr. Chair -- Commissioner Reyes: And please keep in mind that part of this money have to go to homeownership. And the workforce and all those things that Carollo -- that Commissioner Carollo was referring to, let's provide a people that are paying this bonds with real affordable housing. Commissioner Watson: Mr. Chair? Vice Chair Russell: Yes. You're recognized. City of Miami Page 59 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Watson: Mr. Manager, the whole affordable housing area is -- gets to be kind of designate and define, not necessarily by us, but by federal government as relates to putting down and accessing sources of money. Workforce is a category, we didn 't start. It already exists for the purposes of the housing finance authority and so on and so forth. But I can say this, in observation and now being here, Commissioner Carollo and Commissioner Reyes has been fairly consistent, if not 99 percent, 100 percent, on what they want. And I think as the board of who sets the policy for what the finance committee does, you have been asking for an opportunity to speak to everyone regarding this effort, this interest. This however, is our money, and they're arguing for the people who agreed to tax themselves, who wants to get that money, be the recipients of that money. So, I would suggest, if we're going to move forward in support of this pull -down, you get with us, everybody will make themselves available, not to be all over the place, but to be in one and in one accord. There is a priority for everybody of homeownership first, and then anything else that will give us an opportunity to provide the residents of City of Miami here now, what's going to be done. If workforce is a category that needs to be captured, it will be captured in another way. But we need to be able to say to you, here's how we're going to do it. No, we're not going to get 10 thousand units out of this money, not happening. But we all can get something reasonably sufficient for the people that now expect us to get them something reasonably sufficient in the area of homeownership. So, if we are going to -- and I'm going to continue to move forward because I've asked finance and legal, I want to do something different. But if you're saying to us, 35 will not now be spent until after you get with us and now there's a plan for finance to move forward, okay? And I won't bifurcate it. If that's what's going to happen, they will move forward. If it's not going to happen, I take my name off it and then it goes away. So, I just want to make sure, all right. I'll make the time to get with you. I think other will as well. We can set the framework for how the money now goes out, all right Mr. Noriega: We will absolutely meet with each of you individually to discuss framework. 1'in crystal clear on where Commissioner Reyes and Commissioner Carollo sit on this issue in terms of how to spend the money and the strategy. I'll sit with Commissioner Russell, Diaz de la Portilla, and yourself and we'll go through what the options are relative to strategy and a specific focus. And then what I suggest we do is subsequent to that, have a dedicated meeting specific to this -- Commissioner Watson: You had your dedicated meeting. I saw the dedicated meeting you all had by the housing guy. I didn't know what he was talking about. And Commissioner Carollo and Commissioner Reyes was saying the same thing they're saying today. I saw that dedicated meeting. And a matter of fact, he was on a panel with me, and he didn't know what he was talking about then. So, that was a waste of time. That guy from FIU (Florida International University), waste of time. Mr. Noriega: Yeah. But I wasn't here then. Commissioner Watson: I know. Mr. Noriega: So, -- Commissioner Watson: That's what I'm -- Mr. Noriega: -- so, I'm going to tell you that there's a different niindset and this is my background. So, I have a lot more familiarity with this topic than any of the prior City Managers. Commissioner Watson: Okay. City ofMiami Page 60 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Noriega: So, I think -- Commissioner Carollo: I thought your background was parking and parking structures? Mr. Noriega: Yeah. Well, before parking it was affordable housing. So, I think the issue for us, right, is that there are nuances to what they feel is key to their strategy. They're not the same by the way they are. Because Commissioner Carollo has a very specific focus on homeownership, right? And Commissioner Reyes is focused on the true affordability piece. They are leveraged different. They are leveraged different, right? And the order of magnitude is different in terms of how much of that product, depending on whether you do rental, whether you do homeownership, they're different. So, there is -- there's nuance to it. So, I want to make sure that everybody, all five Commissioners are clear, right, that if we're going to spend money, this is a strategy, right, and it works for everybody. I can't -- I mean, and all five Commissioners need to have buy -in on this. So, it's a lot more work and that's part of the issue here. You know, we're going to have to work at this because it's not just as easy and as simple, because there is difference in terms of the strategy. Commissioner Reyes: Sir, if I may, because you referred to what my objective is. There is no conflict between homeownership, in my opinion, and affordable housing. We need them both. But I want that homeownership he one of the -- I would say the primary objective because in certain areas we even have lots that they're not being used or lots that we have kept for a long time. You don't need to buy that land, and they're small lots. You cannot build a building there, but we can put a house, you see? You have that District 5, a lot of them. You can build a home there, you see? Let's say that whatever 2,000 square feet home,1900 -- you can be there to sell at a cost, you see? I can give you an example. I have four lots that they were going to be a park. I mean, they should be a park, the neighbors don't want it. I'm trying to change, you see? Change it in a way -- and change the zoning in a way that I can build four honies there at cost, will be sold to people that are first -tine homeowners. And we can expand that program. Commissioner Carollo has a plan, Commissioner Watson also has a plan, and I know that he wants both also, you see? We can leverage some of this money, and you know that, with private sector and create real affordable housing too, you see? I mean, we have to be -- we cannot be as simplistic in our approach, you see? We cannot be simplistic in our approach. It is not either or. Let's get -- let's see what opportunities we have. And this might -- and provide our residents with the best product that we can and with real ownership, 1 mean, homeownership and real affordable housing. That's the only thing that I'm saying. Commissioner Carollo: Let me -- Commissioner Reyes: We are not in conflict here with just one or the other. It all depends,, you see? What cap -- what land do we have. Commissioner Carollo: -- let me ring some reality into this because whatever experience you've had in low-income housing, Mr. Manager, has come from the same old 101 book that everybody follows. And that ain't going to work in todav's world. What I will be proposing to this Commission will be housing to them where our residents, not transplants from somewhere else to Miami, our residents that live here, will be able to own their own place, paying basically the same thing, maybe in some cases even less, that they will pay Jroaffordable rental units. It's a big difference. Now, what I'm going to be proposing is going to be bold but safe. I don't like to have so much vision that you can't get something accomplished. I've seen brave leaders, some that I started with that sat at this very desk that had some of the best vision, but you got to be able to have your feed on the grand to get it City ofMiami Page 61 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 accomplished. And believe you me,1 got my feet on the ground very solid in this and know how to move forward in accomplishing this. The biggest challenge that we're going to have is all these developers from workforce housing, they don't want this to work. Because if it works, they're not going to be able to fill their pockets like they've been doing for years with all the extra money that we've been giving away by giving them all the extra zoning to build more units that they were not allowed to have. One of the items we will have in this program is, is that we will begin in accepting individuals that have lived in the City of Miami limits for ten years or more and limit it to that. Once we get to the point that we find housing for anyone that has lived here ten years or more, then we could go to eight years, then eventually five years, if we ever get to that. But right now, and Commissioner Watson, you weren't here when this was approved, but I want to make sure that you are aware of it. This Commission had passed a resolution that I asked for it to pass that states that we would provide up to $250 million in bank guarantees for our projects for affordable housing soon in the city for construction, construction loans from banks. Which means that if we all had land ready to go, with that amount of money we could build at least 2,500 units that we could have rolling in approximately two years. Now, you probably have more land than the rest of that this city owns that could be ready to go. I have quite a bit of specialty with the manager's assistants and the mayor's, the meeting that we had the day before yesterday or maybe last week, I've forgotten now, I've lost track -- or Monday. But I have land that we could immediately go to. Commissioner Reyes might have to acquire some. Commissioner Reyes: Yes. Commissioner Carollo: I don't know if Commissioner Russell and Diaz de la Portilla would have to acquire some. They might have some. But the bottom line is, that we should have enough land to be able to bring in the bulk of these 2500 units in play. And this is why I'd like to see some of this 35 million not be lost forever, so we can acquire some additional land in the areas of the city that we don't have land for this, so that we don't have to look at any other pots to acquire land. But for all these years we've been doing things one way everything's rental. Rental rental, rental. All that I'm asking is that, give us the opportunity one time so you could see what we can do with homeownership. If I'm all what, that's fine. But you know what, I think you 're going to be surprised. I think you're going to see a product that is going to make one heck of a difference in the lives of thousands of people in our city, and everybody else across the country is going to want a copy. But it takes willpower. Willpower from one of the main motors, and that the main motor that has carry politics in the city, developers, they're the ones with all the bucks, and of course they're going to have the bucks because if -- you know, if you buy a lot, now for the purpose of being simplistic, you could build 200 units and that cost you $2 million. But now, we gave you, on this workforce story, the ability to build 400 units worth 4 million right off the bat. You don't even have to build; you can turn it around and give it to another developer. You made yourself some real good profit. And then the guy that builds, the developer that is actually, going to build, is going to make even more if the market is good in being able to build 400 units instead of the 200 that they were building. And this is why everything in our city has cost more, construction, our restaurants when our people go out. I mean, basically, you look at some of the restaurants, they cater for foreigners, tourists, on their prices. The ones that buy a lot of these so-called workforce housing that they only live, you know, a month or two out of the year. And I've said enough. Oh, I'm sorry. Commissioner Watson: No, no. Just a question for the chair. Vice Chair Russell: You're recognized. City ofMiami Page 62 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Watson: On the issue of the finance committee approving this tranche to pull -down, we now ultimately decide on what happens with that tranche; am 1 correct? Mr. Carswell: Other than the 5 million, 4.55 that was approved, there are no projects' assigned to this tranche, if you will. Commissioner Watson: Okay. Mr. Carswell: And the projects will meet the criteria of the seven strategies for affordable housing that were developed, that were approved by the City Commission. Any particular project that will be considered at some f tture date in time will not only go through the loan committee, but it also will come to this body for consideration. And at that time, any of the concerns that were expressed or -- or felt -- consideration that the Commission could look at, in the body they can take a look and judge those projects as they come forward on their own merits. What we will also do, is the manager and I, we've been meeting individually with different Commissioners. Commissioner Watson: All Commissioners. Not different Commissioners. Mr. Carswell: We've been meeting with all the Commissioners. And I concur that there are differences in districts in terms of needs. In one area you may have homeownership, condo homeownership, individual homeownership, and some you may have multifamily, may be more appropriate. But we will go through that task of meeting with each of you to kind of get a sense of how you want those allocated to address the particular needs and issues in your districts. Commissioner Watson: on the bank guarantees. Coninzissioner Carollo: resolution was made? Okay. When was the $250 million passed by Commission When was that done? Mr. Clerk, can you get him the date when the $250 million Mr. Hannon: Yes, sir. Give me just a moment. Commissioner Watson: And on legal, that's now -- we're able to back that? We would have backstopped the $250 million on a bank guarantee issue? What's the revenue source for that to be backed? Victoria Mendez (City Attorney): I'm sorry. With the backstop, the -- Commissioner Watson: Well, if we're going to provide 250 million that's been passed to do bank guarantees, we need to have a source in order to do that; am 1 correct? Ms. Mendez: Right. The way that we passed that resolution is obviously with availability offunds and, you know, move -- Commissioner Watson: But this becomes also -- hold on for me for one second -- this also becomes part and parcel of our plan. I mean, I have a problem with us fitting -- well, at least with us 5 fitting in the 2500 units. So, we're trying to get to what the plan's going to be, I don't hear any -- I mean, I don't hear that is many nuances as we think. And so, the question is: We have money, we agree 2500 units. We have 250 million plus our own GOB money. We now have a semblance of a plan that's going to give us an opportunity to be a part of priority one: homeownership. There is a deep subsidy because Commissioner fights all the time. He's an City ofMiami Page 63 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 economist, so he fights about his AM1 (Area Median Income). We're going to have to be deep subsidy lenders for that. Mr. Carswell: Yes. Commissioner Watson: And then there's others, right? And so that needs to be the base of the discussion coming forward to us so that we can now, not continue talking about the plan. 2017 this was passed. But now role something out fairly quickly or you're going to continue to have this discussion. Mr. Carswell: Yes, sir. Commissioner Watson: If we're going to pull that down, make sure the plan is to come to us fairly quickly before any other than 35 million gets moving. Because now we keep wheeling it down, wheeling it down, wheeling down, do not get the results that I've heard now the two of them saving outside here as well -- the manager wasn't here outside -- but that's their interest. That's their interest, okay? So, let's do that as quickly as possible. We have the making and foundation of a plan. Let's find a revenue source and all of a sudden now we don't have 35 million, we have approximately 300 million. Because we can find the source in order to backstop those guarantees for that money. Commissioner Carollo: But if I could be clear, crystal clear, Commissioner. The resolution that was passed was the resolution for us to control and work that money that we, the city, would provide our own guarantee to the banks from the city and those construction loans for the type of projects that I've been talking about that we would go out and build for condos to own, apartments to own, Commissioner Watson: No, I understand that. But I agree -- Ms. Mendez: I can read it if you want. I found it. Commissioner Watson: No, no, no, no, no, no, no, no. No, no. I just wanted to know when it was passed. Commissioner Carollo: How do I get those developers so excited now. They think they've gotten 150 million they can take from us. Commissioner Watson: Yeah, but Commissioner, I just want to put on the record, Commissioner knows as well in passing that resolution, we have to find the money to do it. So, the bank is great. We have a resolution. We have to make sure now we have funding in order to do that backstop. If we do, we are way beyond the curve as relates to now not having just this but the other. And we now become the persons that decide in our districts where that gets spent. We have land as well. So, we have 100 percent of what we need in order to accomplish what we're trying to accomplish, right? So, it should not be a long conversation, Mr. Manager, but a short one in developing a plan on how we move forward, all right? Commissioner Reyes: Okay. What we are dealing now is with this -- how much money is left, $35 million? Mr. Carswell. Yes. Commissioner Reyes: And how are we going to use it? And are you proposing any measure that -- I think that every one of us, we have our needs in our districts. Are we going to divide that equally amongst all the districts or are we going to do it based on a CDBG? City ofMiami Page 64 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Carswell: We have not gotten that direction in terms of how the 35 will be allocated. 1 would say that we are moving forward on those individual projects that we have met with, and it is the intent to fund those projects from this pot of money. And so those projects will he consistent with the seven strategies that were adopted. Right now, there's an open RFP process, other projects are coming in. And I think the manager, as he's indicated before -- Commissioner Reyes: As I stated before, you see, I have some projects in the pipeline. Mr. Carswell: Right. Commissioner Reyes: And I need money for land acquisition. Where I'm going to get that unless I have some funds assigned now that I can take the two lots that I'm looking at and I'm working with a developer maybe in order to build, I mean, start a public -- private -- an enterprise, you see? So, if I don't have an idea of how much I can dispose of or how much I can offer, those projects are going to go down to the drain. Because if it is a first -come -first -serve basis, I mean -- Commissioner Carollo: This sounds to me like the CARES (Coronavirus Aid, Relief, and Economic Security) money for businesses. Commissioner Reyes: Yeah, Commissioner Carollo: I still have so many questions on that and what happened, how it was then that the -- Commissioner Reyes: Yeah. So, I would like to have -- I would like to really know if a district -- how much of this funds can be allocated to our district, you see? As I said, I have two projects on the pipeline that I'm talking with the developer, hut how I'm going to -- how would 1-- what can 1-- Commissioner Carollo: Commissioner, may I suggest this to you. Let's not get into that today because -- Commissioner Reyes: Yeah. Commissioner Carollo: -- this money is not going to be touched. Commissioner Reyes: Okay. Commissioner Carollo: I'm going to approve this today -- Commissioner Reyes: Okay. Commissioner Carollo: -- on 40 million. If we don't have an agreement, I'm only going to approve 5 million, the one that we approved before for the project in District 5. Commissioner Reyes: That's -- that is already -- Commissioner Carollo: But if we're going to approve another 35 million -- Commissioner Reyes: That's right. City ofMiami Page 65 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Carollo: --1 want to he crystal clear that nothing is to be done with that money. 1 don't want to see you guys meeting with every develope in town, which is really about two or three that you'll be looking at, because there are going to be discussions corning real quick for this Commission to act. And again, I'm laying it out. Each of us look into our districts, see what we have in properties that we can move on, because we're ready to go. Obviously, Commissioner Watson is new, but the rest of us, three of us right here and the mayor have been here for a little over three years now, talking about the same thing. And we haven 't put the first shovel in the ground for housing for our people that live here. A lot of shovels, a lot of money for workforce housing for transplants to move into Miami. In fact, one thing I'd like for you to do, Mr. Manager, give me a list of all the projects that since the three of us started, November '17 -- actually, I came in December 17, so let's make it January '17 -- have been approved Jroworkforce housing. How many workforce housing units we had approved, if any of those are built already? And if so, find out where the people came from. The others that came before I and Commissioner Reyes were elected, find out how many workforce housing units we had in the previous four years. Those are certainly built by now, you would think. And, you know, give me a listing of how many of those people that moved in were really local people. Mr. Carswell: Yes. Commissioner Carollo: Because what I'm seeing is, every time I see one of these workforce housing buildings go up, they get filled with people that I've never seen or nor do I see in any of our neighborhoods. Now, I've got no problem against New Yorkers or people from my old town, Chicago, New England, California coming down here. But you know what? If we're going to be giving our dollars, we're going to be letting developers fill their pockets with monies that they shouldn't be getting as much because they should share some of that with the city so we could build real affordable housing, then I want to know -- Commissioner Reyes: Yeah. Commissioner Carollo: -- where these people are coming from. Commissioner Reyes: Mr. Chair? Vice Chair Russell: Thank you, Commissioner. IfI could just before -- just a second Commissioner Reyes -- what Commissioner Carollo is saying is very poignant. And it goes back to what 1 was saying before. If we're going to use our funds, we don't have to touch HUD (United States Department of Housing and Urban Development) dollars necessarily for projects. We stopped the Fair Housing laws, but we don't need to go through the HUD red tape of local preference. Commissioner Reyes: Okay. Vice Chair Russell: And that local preference issue is what keeps all of our residents out of the houses that we build. And so, I'd like to see our bonds try to, where possible, focus on keeping neighborhoods together. Commissioner Reyes: Yes. Vice Chair Russell: Instead of tearing them apart. Commissioner Reyes: Yes. Vice Chair Russell: Commissioner Reyes, you're recognized. City ofMiami Page 66 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Reyes: Yes. Since we were talking about this and I'm going present the motion that we approve this. But the division, I mean, the way that this money is going to be used, cannot be touched until it is decided, and it is discussed with every single one of us and we agree on a way of distributing this funds for affordable housing, be it ownership or rentals, with every single one of the Commissioners. And every single one of our projects should be analyzed. Vice Chair Russell: Thank you. That's a motion from Commissioner Reyes. I'll second by the chair. There's been a direction given on some further discussion on separation of the funding before it's spent. Is there any further discussion on RE.4? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Mr. Carswell: Thank you. Vice Chair Russell: Motion passes. Mr. Hannon: And Chair, that is as it, no limit? Vice Chair Russell: Correct. It's just a direction, not an amendment. Ms. Mendez: So, we do a separate directive, correct? Commissioner Carollo: Yes. Vice Chair Russell: I don't think you need a motion for that directive. Ms. Mendez: No, no. I know. I just wanted to make sure for purposes of the legislation, like -- Vice Chair Russell: Yes. Yes. Thank you. As long as it's captured correctly. City ofMiami Page 67 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 RE.5 RESOLUTION 8413 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE, UPON THE FULFILLMENT BY BLOCK 55 OWNER, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), OF ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE COLLECTIVE MEMORANDA TO THE CITY OF MIAMI'S ("CITY") HOUSING AND COMMERCIAL LOAN COMMITTEE, ATTACHED AND INCORPORATED AS COMPOSITE EXHIBIT "A", FUNDING ON A REIMBURSEMENT BASIS IN AN AMOUNT NOT TO EXCEED FIVE MILLION DOLLARS ($5,000,000.00) FROM THE PROPOSED TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS FOR THE AFFORDABLE HOUSING COMPONENTS OF A 19-STORY, HIGH RISE MIXED USE COMMERCIAL AND RESIDENTIAL COMPLEX PROJECT TO BE LOCATED AT 249 NORTH WEST 6TH STREET, TO BE KNOWN AS "SAWYER'S LANDING OR BLOCK 55", BEING DEVELOPED BY THE DEVELOPER; SUCH ALLOCATION TO BE IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA, LOCAL, AND CITY LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS, INCLUDING BUT NOT LIMITED TO THE CITY'S AFFORDABLE HOUSING BONDS PROJECTS STRATEGIES, THE TRANCHE 2 AFFORDABLE HOUSING INTENT TO REIMBURSE RESOLUTION, AND THE TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0047 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item RE.5, please see "Order of the Day" and Item RE.3. RE.6 RESOLUTION 8441 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO PROVIDE WI-FI INTERNET SERVICE FREE TO THE PUBLIC IN ALL CITY OF MIAMI PARKS BY JUNE 1, 2021. ENACTMENT NUMBER: R-21-0048 City ofMiami Page 68 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Vice Chair Russell: RE.6 is the Wi-Fi in City parks. And we've got a memo from the manager, 1 believe yesterday, saying that this could cost $2.9 million with $400,000 a year to put Wi-Fi in the park. So, I had offered to co-sponsor this, but 1 'd like to investigate it further to understand exactly what problem we're solving with this. And the reason I mention that is, anyone who has access to Wi-Fi with a phone would also have a data plan for what these days is relatively quick speed to view whatever they would need. So, what are we solving by putting Wi-Fi in the parks? Because I love the idea, but at this expense, I want to really make sure we're not duplicating something that already exists. Michael Sarasti (Chief Information Officer): Yeah. And I think from our perspective, we also -- getting clearing direction from the Commission on that on the specifics and over the next window trying to clarify, because it might mean that we're using different technology in different parks, for example. Or that we can do a little bit of shift to do something around the park. I think, as we understood it, it's sort of the beginning of a longer -term goal to get everybody connected. Vice Chair Russell: That is definitely a valid goal. Commissioner, this is your item. Commissioner Diaz de la Portilla: Yes, it is. Vice Chair Russell.' I'd love to hear more about where this comes from and where it's going for the 3 million and 400,000 a year. Commissioner Diaz de la Portilla: Well, I know it's 3 million and 400,000. What's the exact amount, because you haven't really given us an exact amount on what it is, right? Mr. Sarasti: I'm sorry. I can't hear you. Commissioner Diaz de la Portilla: I'm sorry. Is it 3.4 million? Mr. Sarasti: Now, the number -- Commissioner Diaz de la Portilla: Okay. Mr. Sarasti: -- the numbers are ranged, quite frankly -- we again, in this point in the discovery, we came out at a couple of different ways to see if the numbers were any different. And the number I think that we proposed on there is between 1.5 and 3. And again, a couple of different ways to slice this and more discovery on what's available in terms offiber in the area will affect that range. So, there's going to be a kind of minimum amount of equipment we're going to need in these facilities to do something at an enterprise scale. Commissioner Dias de la Portilla: Right. So, what we're truing to do here is sort of address a digital divide that exists in our city, right? Mr. Sarasti: Yes, sir. City ofMiami Page 69 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Portilla: And that exists in District 2. That exists in District 1, 3, 5, right? Vice Chair Russell: Uh-huh. Commissioner Diaz de la Portilla: And four too. So, the idea here is to bring Wi-Fi, free Wi-Fi to all our residents that cannot afford it. So, we have about 32 -- in Miami, 32.2 percent of our residents do not have Wi-Fi access. And we saw what problem that created when we -- when COVID-19 hit. And all of a sudden in houses and in places that it cannot access, didn't have a laptop to begin with, but didn't access Wi-Fi that they have from a very expensive laptop, right? So, the idea for this, so you understand, Commission, is that spending $1 million in a park is important, but spending 1.5 to start to move Miami forward, so all kids can have access to Wi-Fi, is the idea behind this. So, if you follow that line of thought, that line of thinking, right, that's what we're proposing. But it's better if you walk us through it quickly on why this makes sense. And it's part of an overall proposal that I'll do down the line as I move forward, not only for parks. As COVID-19 hit, now you want people to -- not kids to convene in libraries, but you can convene in parks and be able to access Wi-Fi and do things that they want to do, and things that they need, whether it's education or we can partner up with the school board and we can partner up with other entities, governmental and private, to make sure that our kids have -- that we bridge that digital divide. Mr. Sarasti: I understand. Commissioner Diaz de la Portilla: So, walk me through that and walk the Commission through that to see why we want to get there and how we can get there. And we can do it by phases as we spoke about yesterday, which means that there'll be -- the large parks or medium parks and small parks in each district and we do, like, three parks per district to begin that process, so it's an incremental process. It's not something that's going to happen overnight. We have to begin to invest in bridging that digital divide. And we can walk the Commissioners through what we talked about yesterday. Mr. Sarasti: Yes. So, -- Commissioner Carollo: Excuse me for a second. Mr. Sarasti: Yes, sir. Commissioner Carollo: I need to clam something for the record that Commissioner Diaz de la Portilla stated. The million dollars that we voted upon for a park in District 2, that money that we could have used for anything other than parks, that was from Park Impact -- Commissioner Diaz de la Portilla: I understand that, Commissioner -- Commissioner Carollo: But I want to make that clear because you were making a comparison. Commissioner Diaz de la Portilla: I was making a comparison to show you how government prioritizes how we move forward. Commissioner Carollo: No, because that -- Commissioner Diaz de la Portilla: Commissioner, Commissioner -- City ofMiami Page 70 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Carollo: If you have monies that can only go to parks -- Commissioner Diaz de la Portilla: 1 understand. Commissioner Carollo: -- that's the only place it could go. Commissioner Diaz de la Portilla: Or we have monies that we just allocated in our budget reallocation can go to organizations or we can go to the water parks and go to anything from general revenue that we spent dollars on. This idea is that we begin to move forward on these things that need -- take Miami -- like, small cities like Knoxville, Tennessee already have this -- and takes us into the future. It's an incremental process. Of course, we can't come in and give free Wi-Fi to everybody. Commissioner Carollo: I'm all ears, but let me say this to you. That we just made the amended budget. Obviously, there might be something that we could start minimal, but very vast bulk of this going to be something that we're going to have to look at when we start working on the next fiscal year's budget that begins October 1st of this year, and particularly if it's closer to 3 million. And then what I've heard is that it's about 400,000 a year that we have to put into it. Mr. Sarasti: Right. Commissioner Carollo: So, you know, I know that a million here and a million there doesn't seem like a lot of money, but it adds up. Mr. Sarasti: I know. Commissioner Diaz de la Portilla: So, through the Chair? Vice Chair Russell: Yes, you're recognized. Commissioner Diaz de la Portilla: If you could please run us through what we spoke about yesterday. Mr. Sarasti: Yeah. The approach is -- the amount that's been referenced is for the entirety across all parks. And it's a -- it is a more enterprise solution, it's a different approach than just putting a basic Wi-Fi connection that you might get through Comcast, which is what's actually existing in some of the parks today. It's not something that's scalable to the entire organization. What we're proposing is one, a little bit more time upfront to do more in-depth assessment. What you're seeing right now is just preliminary discovery, talking to other cities, exploring what we know about how this could work. One thing that we don't know is where all the fiber is currently buried. And that will affect cost, because if you don't have fiber around a particular park, it's going to be -- it's going to involve additional digging. It's going to involve potentially additional permit fees, et cetera. So, a little bit of time to gather some intel on that piece. And also, a proper assessment of need, working with you all to make sure that we understand what's the need in the individual districts. Are there areas that currently don't have connectivity as part of that fiber backhaul assessment. It's also going to give us a sense of neighborhoods and communities that don't have great connectivity today. We generally know some of these things just from, you know, from the places that we live, but we wanted to be a little bit more data -driven. And then, the idea is that we do this rather than kind of we're going to do all parks blanket approach, that we take a much more agile approach to doing this, which is how we like to launch tech. So, we can do limited number of parks upfront. We will do something in every district, kind of getting a sense of what would happen in a medium -size park and a large -size park. Based on what we learn from there, then we'll figure out what the right approach and time scale is to scale this up to a different level. We proposed some kind of preliminary dates on what that could look like. We think we can get to that first phase with some City ofMiami Page 71 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 preliminary parks by July. And there's -- again, there's a different -- all kinds of different options on technology on how to get to that point. And we want a little bit of discovery on how to do that and what might be appropriate for future parks down the line. Vice Chair Russell: Mr. Sarasti, is the goal that -- we're not just talking about indoor at the community centers within -- Commissioner Diaz de la Portilla: Right. The parks. Vice Chair Russell: -- even within the green space envelope -- Mr. Sarasti: Yes, I'm sorry. Vice Chair Russell: -- of a park so that a kid, let's say has a laptop or an iPad but does not have a phone connection with that device, they would be able to sit down at a park bench and do their homework with Wi-Fi? Mr. Sarasti: Yeah. So, this is another point I sort of wanted to make. From this learning experience, because while we are truing to solve digital divide by this, we -- it's probably -- it will probably be interesting to find out how users are going to use Wi-Fi in those parks. Are they really going in the middle of summer going to be trying to do work out of there or how is that going to work over the course of the year. So, I think that making sure that we a couple whatever we deploy for that pilot phase, has a feedback loop associated with it. I think it's going to help inform the Commission. So, because we may come back and say, hey, we've done this deployment. We actually learned that people aren't using the park Wi-Fi in an expected way, and then we can reallocate maybe some of that funding to do a different digital divide initiative in a different kind of facility. So, we want an opportunity to come back with something to help inform this body. Commissioner Reyes: Chair? Vice Chair Russell: Yes. You're recognized. Commissioner Reyes: I'm sorry. I was in the little boy's room when they presented. Who are you? Mr. Sarasti: I'm sorry, 1 didn't introduce myself: Mike Sarasti, I'm the director of innovation and technology for the city. Commissioner Reyes: You work for the City ofMiami? Mr. Sarasti: Yes, sir. Yes, sir. Commissioner Reyes: Okay. Mr. Sarasti: I apologize. I probably should have done -- Commissioner Reyes: I heard you speaking -- Commissioner Carollo: What's your salary, Mike? Mr. Sarasti: I'm sorry? Commissioner Carollo: What's your salary? City ofMiami Page 72 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Sarasti: What's my what? Commissioner Carollo: Your salary. Mr. Sarasti: My salary? 155, I believe, sir. Commissioner Carollo: Okay. A lot less than you are making before. Mr. Sarasti: I'm sorry? Commissioner Carollo: A lot less than you were making before. Thank you. Mr. Sarasti: No. Well, no, but -- thank you. Commissioner Reyes: Let me ask you a question. And all this numbers that -- I mean, all this cost -- who developed this cost? Mr. Sarasti: I'm sorry, sir? Commissioner Reyes: I mean, we have cost estimates here? Mr. Sarasti: Yes. Commissioner Reyes: And not that I'm doubting that you can, but -- I'm sorry. It's a weakness that I have. I used to be a budget officer -- Mr. Sarasti: Yes, sir. Commissioner Reyes: -- and I'm a numbers guy. Who developed this -- this cost estimate, you did? Mr. Sarasti: So, I did a good portion there with information from my staff. I reached out to a couple of other my counterparts, CIOs (Chief Information Officers) in other cities to see what their experience had been, and just what we know about the vendor space. Commissioner Reyes: So, this idea is raw estimates right now? Mr. Sarasti: It's a little bit farther along than napkin math to be honest. Commissioner Reyes: Okay. And were you conservative in your -- Mr. Sarasti: Yes. Commissioner Reyes: -- projections? Now, if we go ahead with this, who is going to install this? Mr. Sarasti: I'm sorry, with what? Commissioner Reyes: Do we have a company that it is already on the pipeline to do this? Mr. Sarasti: No, sir. Commissioner Reyes: I mean, how are you going to decide who's going to do it? Mr. Sarasti: So, that's something -- City ofMiami Page 73 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Reyes: Can we do it? Can we do it, it's going to be done in-house or we have to, what? Mr. Sarasti: Now, this isn't something that we would venture to do with in-house staff. We're just not staffed to support something at this scale. And there are pieces of it that maybe we would. We do support public Wi-Fi in this facility, other facilities, fire stations, and some of the indoor -- potential to do some of the indoor parks. This is on a different scale, so it would likely require support. Again, maybe multiple carriers and multiple partners depending on what we choose to do in different areas. Commissioner Reyes: And last question. Last question. Mr. Sarasti: Yes, sir. Vice Chair Russell: I remember that we had a company here that was Illuminating - Mr. Sarasti: Yes, sir. Commissioner Reyes: -- Technology that they were proposing use to Wi-Fi free of charge. Mr. Sarasti: Yeah. Commissioner Reyes: Free of charge. I mean, it wasn't going to cost a penny because of some Commissioners didn't like -- whatever, I mean, thing is that is instead of partnering with us, they did it on their own and then installing their own towers right now and we got, we didn't get a penny or any of those benefits. Now, we also have like those -- I remember those kiosks like IKE (Interactive Kiosk Experience), right? That we have at all along many places -- I mean, they're going to he installed all over the city in different areas. Can those kiosks also provide Wi- Fi to certain parks? For example, Bayfront Park. Bayfront Park, those kiosks that they are around Bayfront Park, they could be provided by them free of charge? Mr. Sarasti: Yes. So, what we found in some places is that something like a kiosk can make perfect sense in certain types of parks, other places when they put kiosks, it doesn't fit the theme of the park or the general feel. Commissioner Reyes: What I'rn trying to say is, that I would like to see an estimate that incorporates the ability for us to obtain free Wi-Fi from those people that are actually providing services -- I mean, that they've been authorized by the city to place some of those poles. 1 mean, 1 wouldn 't even go back to elementary technologies, since they're going to be in certain areas, see if we can incorporate certain parks that are near that. With that -- I mean, what I'm trying to do is get a -- get an estimate of cost that really incorporates all the probabilities of obtaining free service. Mr. Sarasti: Yeah. And Illumination's a good example of a neutral host provider -- Commissioner Reyes: Yes. Mr. Sarasti: -- in a mix. This is going to take a mixed approach and it won't be one technology to rule them all. So, I think it makes total sense to revisit neutral host providers as an option. City ofMiami Page 74 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Reyes: Let me make this perfectly clear. 1 really liked the idea and I've stated it before when Illumination Technology was here, you see? 1 think that we all agreed with it, but what 1 want is a real estimate that includes everything that Vice Chair Russell: Commissioner Reyes, what I recommended is an amendment. Because what we have here is a resolution, giving the manager by June 1st of this year to take any and all steps necessary to provide the Wi-Fi, which means -- Commissioner Diaz de la Portilla: Hang on. Hang on, Mr. Chair. Vice Chair Russell: -- between 1.5 and 3 million, these checks can get spent very quickly. Commissioner Diaz de la Portilla: Mr. Chair -- Vice Chair Russell: So, if a plan comes back to us that we approve and roll out where it's -- Commissioner Diaz de la Portilla: Mr. Chair. Vice Chair Russell: -- selectively done -- Commissioner Diaz de la Portilla: Mr. Chair. Vice Chair Russell: -- it could be maybe more specific. Yes, you're recognized. Commissioner Diaz de la Portilla: That's not -- Vice Chair Russell: Did I read the resolution incorrectly? Commissioner Diaz de la Portilla: You're -- well, you obviously, weren't briefed yesterday that -- so, I had a conversation yesterday, that's what we're doing here. We're not spending $1.5 million. What we're doing is we're giving the Administration direction through this resolution to install free Wi-Fi for our residents by a certain date. In my conversation yesterday was that they told me, the administration, they cannot do it by a certain date. So, what I want to do, my proposal's very simple. I want a residence to have free Wi-Fi. They can do it by October 1st, by November 1st. The faster the better, from my perspective. The date that we put in there was for the first phase, not to use any particular entity or any particular company. I don't care who they use. But from our residents, that's up to them to come back to us and say, hev, we have -- we can -- we get incorporate all these different technologies, whether it's IKE, whether it's, you know, whatever companies that -- Illumination Technology is, what -- whatever, whoever it is, they come together and say this is what we can do and this is the least expensive way you can do it to make sure our citizens get what they need. That's what it does. So, the amendment that you want to do is an amendment that I already have spoken to the administration about, which is give us a time frame that we can do it and maybe -- maybe Mr. Noriega can address it, or you can address it, sir, how do we get there? This is a public policy decision on a goal for a governmental entity, for a city, to move into a feature so that our citizens can have free Wi-Fi in all our parks, the quicker the better, right? Mr. Sarasti: Yes, sir. Commissioner Diaz de la Portilla: Because that's what we want to do. So, how we phrase that and how we write it -- how we amend it, I don't care, But I want it to happen because it's important to send a clear message that our city has ideas that City ofMiami Page 75 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 are forward thinking. Not that we're going to he stuck in the past, but we're going to be focused on the future, and Wi-Fi is one of those futuristic things that we need to focus on. Vice Chair Russell: Thank vou. Can someone recommend an amendment that we bring this back with a specific plan and budget and moving as quickly as possible? Todd B. Hannon (City Clerk): Commissioner, it's hard to hear you. Commissioner Carollo: I'm not as savvy in this new technology as you youngsters, but G5 -- the new G5 network. Vice Chair Russell: 5G. Commissioner Carollo: 5G. Vice Chair Russell: G5 's the -- Commissioner Carollo: I'm thinking of some other -- Commissioner Reyes: Now you sound like -- Commissioner Carollo: I'm thinking of some other people. Commissioner Reyes: You sound like Manolo. (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Russell: He's getting a G5. Commissioner Reyes: You sound like me. Commissioner Carollo: The 5G technology, that is Wi-Fi too, right? Mr. Sarasti: Different technology. So, 5G really relates to the access that you'll get on your device through cell towers'. Commissioner Carollo: And how much you can do with everything, correct? Mr. Sarasti: It really -- it actually -- I don't have those numbers in front of me. It actually varies across 5G networks. 5G on one carrier's not the same as another, Wi-Fi is faster. And that's one actually thing that we need to talk about here in Wi- Fi. What's the minimum standard for connectivity? Are we going to create slower access, medium -level access, high-level access? That'll affect cost. Commissioner Watson: But explain this to me. In the 5G and Wi-Fi, do we accomplish the same thing if parks have 5G versus Wi-Fi or not? Mr. Sarasti: So, the 5G network -- if we were to install a 5G network, it would probably be for something that we're doing internally. We wouldn't be maintaining a 5G network that vou would access from your cell phone. That is really -- the carriers really do that. You sign up for -- there's no 5G cellular service that we're going to be offering as a city. We could use as part of this Wi-Fi implementation though, there are devices that also project out 5G, which means that we might -- we could do, you know, an autonomous vehicle pilot or we can have camera technology to use internally. There's all kinds of stuff you could do that we could use for internal purposes by using 5G technology, but it's a little different than when we're City ofMiami Page 76 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 talking about it publicly, because that's really referring to cellular service and you being able to get that kind of service from your phone. Commissioner Carollo: Okay. Well, which are the companies out there that can -- that we would go to or they will come to us to be able to do all this Wi-Fi installation in parks? Which are some of the companies that do this kind of work? Mr. Sarasti: I mean, there's -- so there's any number of them. There could be the carriers have come before in the past and said, hey, we can do a Wi-Fi hotspot setup through our mesh network and use cellular connectivity. There are carriers that only sell just hardware and then you have to contract with Xfinity or FPL for fiber connectivity. Commissioner Carollo: Give me some names of the main carriers out there that you'll go to to do this Wi-Fi workfor us. Mr. Sarasti: We -- I haven't received the list yet from a couple of the other cities and it's different by carrier, but I've asked for that from other cities. I get all of the major carriers we've talked to in the past. Companies like Illumination, there's a whole slew of that type of company that's come by. The other week there was a -- Commissioner Carollo: You keep saying Illumination, but I'm sure there are more than Illumination. And I mean, if you were brought in at the salary cut to you of 155 or 165,000, I would assume that you know the field, so you know what some of the other companies are besides Illumination? Mr. Sarasti: Sure. Yeah. And there's Xtenit, there's Ubicquia, there are -- I have full list I can send that we can give you. I mean, that -- the smart city vendors in terms of e-mail that's coming in is probably where I get the most e-mails flying in with people, you know, trying to pitch different kinds of smart technology. So, we maintain inventories and lists of that we're happy to share so you can see the variety of product across different types of technology. Commissioner Carollo: Can you send every member of the Commission that when you have the opportunity before the end of next week, a list of all the possible providers for this service that we might go to. Mr. Sarasti: Try to give you a nice, big comprehensive list and probably be a long one. Yes, sir. Commissioner Carollo: Okay. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Is there an action on this item? Commissioner Diaz de la Portilla: So, I would say instead of saying it's a resolution or Miami City Commission directive three -- resolution of Miami City Commission directive that City Manager take all steps necessary to provide Wi-Fi internet service free to the public in all City of Miami parks, starting -- instead of by -- starting on June 1st, 2021, so they can start the process. Vice Chair Russell: Does that mean anything would come back to us to approve budget? City ofMiami Page 77 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Portilla: Everything. But, yeah, of course. Vice Chair Russell: I would -- Commissioner Reyes: Commissioner -- Vice Chair Russell: Just a moment. It seems when we pass a resolution, take any steps all necessary, that's (UNINTELLIGIBLE), right? Commissioner Reyes: Commissioner -- Commissioner Diaz de la Portilla: It would come back to us, of course. Commissioner Reyes: I mean, 1 have a little problem with this because we set in a date. It is -- I agree that we have to do it, and we have to do it. But before we set a date, we have to provide time, because before I vote on this, I want to know all the alternatives that we have, cost settings -- saving activities that we can undertake. For example, if we can partnership if we can get some of that technology, whatever technology it is from whoever has one of those poles, maybe we can get it free of charge. Commissioner Carollo: Yeah. Commissioner Reyes: You see? We got to -- and you know that is possible, Mr. Sarasti, you know that is possible. Mr. Sarasti: Yes, sir. Commissioner Reyes: I want you to go and -- the Administration to go and investigate the different type -- I mean, the different activities that we could undertake in order to lower the cost. Commissioner Diaz de la Portilla: The only reason -- Vice Chair Russell: Commissioner Diaz de la Portilla then Commissioner Carollo. Commissioner Diaz de la Portilla: Thank you. The only reason we 're providing a date is to put, you know, some -- Commissioner Reyes: I know. To push. Commissioner Diaz de la Portilla: -- to push government, any government. All right? Commissioner Reyes: I know. They move very slow. Commissioner Diaz de la Portilla: I don't want our government to come back to us in 2023 and say, hey, we finally figured out -- Commissioner Reyes: I'm not saying that -- Commissioner Diaz de la Portilla: Every other city -- hold on -- every other city is doing it, has done it, Barcelona's doing it, so to me it's kind of -- the reason for the date is only not to -- it's to make sure that we -- Commissioner Reyes: Okay. City ofMiami Page 78 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Portilla: -- do have a fire so they understand that it's important to move a city forward. That's all. Okay. Get rid of the date, say come back to us, doing what, you know, and -- Commissioner Reyes: No, no. Commissioner Diaz de la Portilla: -- we can direct them and go back to them and say, hey, you know what, Mr. Manager, please hurry it up, sir. Hurry it up, we want to get it done. Of course, we want cost savings. We definitely want to get the best deal. Of course, we -- of course. Commissioner Reyes: Oh my God. Commissioner Diaz de la Portilla: But the ultimate goal is to make sure that our citizens have free Wi-Fi, and in particular, our poorer citizens so they can go to a park, and they can have access and lessen the load of the digital divide. That's the only purpose here. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Yeah. So, we get rid of the date, and we let -- we leave it up to them or we can also as we move forward, we can encourage them -- Commissioner Reyes: Could you -- Commissioner Diaz de la Portilla: -- to move forward. Commissioner Reyes: -- could you allow me finish my stuff? What I'm saying -- Commissioner Diaz de la Portilla: The chair recognized me, so that's why I was finishing my thought. And I apologize for that. Commissioner Reyes: Listen, what I'm saying is this. Instead of giving a late date that it he accomplished, we give them a date to come with a report. And when it comes with a report, we set a date because that's the only logical and smart thing to do. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: That's what I'm -- in my opinion. And give them a set date to come back to this Commission with alternatives how can we do this efficiently, okay? How we can do it efficiently that we can -- and that we cover every single -- how long do you -- I mean, how long you need to bring a report to the City of Miami Commission? Mr. Sarasti: I think we need at least -- there's a couple of months just to do this fiber assessment that we have to do. Possibly take it on the next level to go a little bit in more detail what I'm hearing you describe, Commissioner, an extra month for that would be helpful just to be -- Commissioner Reyes: By April would you be able to bring it? March, April? Mr. Sarasti: I was going to suggest May to give us enough time to do it properly, mainly because we're also waiting on access to some data that won't come until the end of March. Commissioner Reyes: And then when you come with this proposal, then give us a date that it should be accomplished or hour and the timeframe that that can be accomplished. And then we set a date, it has to be by this day. Is that -- City ofMiami Page 79 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Carollo: Chairman? Vice Chair Russell: You're recognized. Commissioner Carollo: Thank you. Part of what you 've asked for is what I wanted to hear, but there's more. When you started giving your presentation, you only gave us a piecemeal part of it. You really are not sure the cost that this will entitle. When I see estimates and they're so wide, that is clear to me that you don't know where this could go. And this could go a lot higher or not. So, I cannot vote for something, telling the manager that he must do something that we don't have a firm, firm, firm estimate. This is a rushed numbers that we're thrown, and we will be irresponsible without having those firm numbers. Secondly, what I need to know, once you establish where the cost is going to be at, where are we getting the dollars from? That's part of some of the ordinance that we have. And before we're voting on this, we need to know where are we getting the money to accomplish it. This why I said before that, most likely this is going to be for the next fiscal year. Depending what comes. Because frankly, the more I hear of the COVID situation, it's, you know, it's scary. So, what I think that we're ready for is giving the administration our intentions of what we would like to see, but not telling him that he's got to do this, because we would be going against their own ordinances if we don't -- if we're instructing the administration to spend money that we don't know first, how much it's going to be, and secondly, where's it coming from. We need all that to be given to us. The one thing that I did hear clearly coming from you was that you gave us an estimate of three months before you feel you would have all the information. The Manager should certainly with his budget people, have the financials, that request that I made sooner than that. So, I would be willing to entertain a resolution that would give you until the end of April before it's brought to us then in the first meeting in May when all the requests and information that we should have and need to do and you've been asked to provide to us here, letting the Administration know that this Commission has a keen interest in getting this accomplished. And we would like to have all this information so that we can make a final determination of what we can do and what we can afford to do. Commissioner Reyes: Okay. And Commissioner Diaz de la Portilla agree with that? Commissioner Diaz de la Portilla: Yes, sir. Absolutely. Commissioner Reyes: Okay. And 1 want to take this opportunity to congratulate you and I thank you for bringing this up. Commissioner Diaz de la Portilla: Thank you, sir. Commissioner Reyes: This is something that is very much needed. Commissioner Diaz de la Portilla: Absolutely. Commissioner Reyes: Okay. And but, I hope you understand my concern. Commissioner Diaz de la Portilla: Oh, yes. Absolutely. As long as we move our city forward -- Commissioner Reyes: We are going to move forward. Commissioner Diaz de la Portilla: Okay. And that's -- Commissioner Reyes: I second the -- City of Miami Page 80 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Portilla: Absolutely. Vice Chair Russell: So, what's the motion? You got a motion? Commissioner Diaz de la Portilla: Yeah, directing the Administration to come back. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: I got the motion, this is my item, so 1 move. Commissioner Reyes: No, no. Okay. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: You're moving that motion? Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: And I second. Commissioner Diaz de la Portilla: Thank you. Commissioner Carollo: I withdraw my motion so that he could -- Commissioner Reyes: My pleasure. Commissioner Diaz de la Portilla: Thank you. Vice Chair Russell: Barnaby, have you captured that? Barnaby Min (Deputy City Attorney): I'm going to review the minutes to make sure I have it. Vice Chair Russell: You will watch the tape. Commissioner Carollo: The Clerk's got it, so don't worry. Vice Chair Russell: The clerk always -- Commissioner Reyes: It doesn't mean -- Commissioner Carollo: That's who we pay to capture all that. Vice Chair Russell: Thank you. Is there any, further discussion on RE. 6? There is a motion and a second. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Mr. Hannon: As amended. Vice Chair Russell: Motion passes as amended. We shall break for lunch, come back at 3: 00 p.m. Commissioner Carollo: 3: 00 p.m. it is. City of Miami Page 81 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 RE.7 8276 City Manager's Office Vice Chair Russell: 3: 00 p.m. Thank you very much, everyone. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED ON OCTOBER 19, 2020 PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 1243393 FROM VARIOUS PRE -QUALIFIED FIRMS LISTED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR THE PROVISION OF STATE LOBBYING SERVICES, ON AN AS -NEEDED BASIS, FOR THE OFFICE OF THE CITY MANAGER FOR AN INITIAL PERIOD OF FIVE (5) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0049 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: All right. We are going to dispense with the morning's agenda. RE. 7, state lobbying services. Is there a motion? So moved. Is there a second? Use your microphone, please. Commissioner Watson: Point of information? Vice Chair Russell: Yes. Commissioner Watson: Do we get from the Manager where we with regards to this number of people and how that's going to be dealt with? Vice Chair Russell: Mr. Manager, would you like to update us on the state lobbying services are -- City of Miami Page 82 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Reyes: I will have to have a comment on that. On RE.7? Vice Chair Russell: Yes, RE.7. Commissioner Reyes: Well, you know, I heard that we have a pool of seven people, seven companies? Mr. Noriega: No. The current pool that's before you has to remain intact. City attorney's advised me that 1 can 't modify it. So, the idea would be that we -- the pool is really just to create a pool that we can tap into. I'll come back to the Commission later with specific requests and in terms of you know, who we will use or contract with to get approval from the Commission. Commissioner Carollo: Okay. Let me go right to the point if can. With all respect, Mr. Manager, nothing personal. Managers have sufficient powers without taking powers of the Commission away. The Commission has always had the right to exercise, choosing who they want to represent the Commission and the city and Tallahassee. I'm not about to give that up so that any manager now or in the future can choose whoever they want. This year, there's not going to be any money coming out Tallahassee. With COVID and all the additional expenses the state has had and funding that they're not going to be getting there's no way any city's going to get any monies. So, having said that, we have to concentrate on stuff that we could get from Tallahassee that's not going to cost any money. We don't need to send up there a half a dozen firms, nor have we ever done that for that matter. We've had one firm that's been working for us last year. This firm out of the 17 or whatever the number is that you said that we had, was rated number one. So, I'm ready to make a motion that we hire Becker Poliakoff for $50,000 where they're going to represent us with the legislature and the governor and cabinet for this whole session. And then when it's time again for the next go -around, then we can discuss with this Commission if we want to keep them, do we want to hire more, how we want to do it. But in the meantime, for this whole year -- fiscal year -- that is my motion. Vice Chair Russell: There's been a motion. Is there a second? Commissioner Reyes: Before -- I would like to ask a question. Is it -- I think that -- I don 't know because I've never been a lobbyist. My son is a lobbyist, but I never got into his business, but I don't know if it is advisable to have only one firm who has defense. One that goes and do business -- I mean, that is close to the senate or to the house or the -- 1 don't know. I don't know. 1 want somebody to educate me on it, you see? Because if this firm was the first one, and I would recommend it and it was rated number one, you're absolutely right. If it's rated number one, that person should be hired, that firm should be hired. But 1 don't know who's the second firm should be. Also, we should use two firms or one, you see? Which one -- what do you think? Commissioner Carollo: Because of what is going on this year, just think it's going to be a lot to get up there. That's why I'm recommending one firm. Commissioner Reyes: Only one firm? Okay. I second. Vice Chair Russell: There's been a motion, there's been a second. Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: For clarification purposes, there's not an ounce of accuracy to the statement that was made by Commissioner Carollo. Commissioner Carollo: Excuse me? City of Miami Page 83 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Portilla: There's not an ounce of accuracy. Commissioner Carollo: I'm sorry? Commissioner Diaz de la Portilla: There's not an ounce of accuracy to the statement you made about being no dollars available in Tallahassee to see it. Tallahassee has a $92 billion budget. You have this year about $15 million in water projects, this transportation dollars. There are all sorts of dollar -- park dollars. There's seawall money, there's environmental reservation dollars. There are many dollars available in Tallahassee that all cities and counties throughout the state are going to be fighting for. And when you see the budget at the end of the year, and we'll come back next year and do a report -- and I'll gladly bring the numbers back - - you'll find that countless number of cities would have received hundreds of millions of dollars from the state of Florida for all these -- and many more -- services. So, there are many dollars available in Tallahassee. Beyond dollars being available in Tallahassee, there are also policy decisions that are made. Everything from CRAs (Community Redevelopment Agencies) to transportation policy to issues that impact our city. I have no problem with you wanting to hire one firm for $50,000 and I'll support it, but I will tell you that we invest to get a return on investment. And we invest a number of dollars to hire a number offirms because every firm that works in Tallahassee, I've been there -- I was there a long time -- is that every firm has certain lobbyists that have relationships. Whether you're a senate president or speaker of the house or the governor or he's chairman of appropriations or he's chairman of the environmental preservation committee. So, that's why the manager came back with 11 firms. So, as we moved along, and I don't mind it coming back to us and we can decide ourselves. I agree with you in that sense. Hey, you know what? Let's give this from 40, let's give this farm 20 because we need the government not to veto this or we need this chairman or appropriation to pass this. I think in my opinion, Commissioner, that it's not looking at the whole picture for city of our magnitude and our size not to have a real serious presence in our state capital, to not only get dollars from for us, but also to make policy changes that impact how we can allocate our dollars, how we can match our dollars, and also, everything from how the CRAs can function to the transportation dollars we can leverage. There's a lot of policy decisions that are made in Tallahassee that if we have a good representation up there, it can make a big difference for our city and our return on investment could be big. But I agree that if today -- the decision you want to make today is to give it to one particular firm -- and I'm not going to ask what that particular firm -- I like that particular firm. I think it's Becker Poliakoff -- I like that particular firm, in fact Senator Bogdanoff is a member of that particular firm, happens to be a very good friend of mine and respected lobbyist. As is Mr. Fuentes, right, and others? And they do good work. But if we look back at that farm, which could have worked for us until the last two months of the -- until the last two weeks -- I'm sorry -- with the session, because Mr. Gonzalez -- Emilio Gonzalez -- never signed their contract so they were never able to work for us. What we got from Tallahassee last year was nothing. And I'm advocating for us, let's get a broad team of farms that we can say, this is going to work today, that will work next week for this committee, and let's what we get in return. And if it doesn't work, it doesn't work. But at least we invested in the business ventures that are going to get us the good ROI, good return on investment. No business can be successful unless we invest in it. And I got to tell you, that $50,000 will not get any firms attention because they have other clients. And when you sit before a senate president or before a speaker of the house and you have a client paying 50k and somebody else paying 150k and you get one ask, guess who they're going to ask for. That's a problem. So, we have to be competitive. Miami -Dade County spends $2 million in their lobbing practice in Tallahassee because they're asking for big things. So, they have everybody from Ron Book -- for lack of a better word right -- I mean, for them City of Miami Page 84 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 on down to Becker Poliakoff and the list goes on and on and on. I think the Manager and I -- he and 1 spoke about it. Everybody that he qualified was because they're all applying. We also have something interesting. We have from local firins in Tallahassee that are there year-round and they build relationships with people and staffers that live there year-round. So, they go to the same churches, they go to same restaurants. They get to know them. They're not -- they don 't just fly in for two months. Those people have different kinds of relationships. I can tell you, X person has a relationship with X staffer or staff director of this particular committee that's in an appropriations committee. At least they had the access to have the conversation with that person for us to get more dollars. This is a very logical argument that we need to spend some dollars, whatever those dollars are, but not little dollars to get some return on investment on what we're doing. It's -- there are going to be dollars in Tallahassee, there's $15 million just on water projects alone. Could be the Miami River, it could be Wagner Creek, it could be, you know, Biscayne Bay, renourishment, a number of things that dollars are available that they allocate and they put aside to send to the different municipalities or counties. We want to be competitive. I will guarantee you that next year after this session ends and the budget is signed in June, July, that we'll come back, we'll have a list of all these other cities and Miami -Dade County had got more dollars. Doral, which you are the City Manager; got more dollars last year than the City of Miami did. And it shouldn't be a case. We're the City of Miami, we're not Doral. We're not Aventura, we're a big city, we're biggest city here. Look at the numbers and I'll show -- I'll gladly share with the manager to share with the rest of the Commissioners. Doral got more dollars from Tallahassee last year than the City of Miami did, and that shouldn't be the case. That's my only argument. Vice Chair Russell: Question for you. So, from your experience in Tallahassee, from a lobbying perspective, why do you think they did better than we did? Commissioner Diaz de la Portilla: Because they knew who to hire. They had a list - - first of all, we don't have a list of legislative priorities and it's January 28. It's been a month or so committee weeks, let's just say its a month. What they did was, they'd comb over the list of legislative priorities, these are topped in at five, six, whatever you want to do. And this particular priority, it's states $2 million for Miami River, $1 million for Miami River. And the chairman of this committee is on the Environmental Preservation Committee, the Florida House of Representatives is this guy or this girl. And they know that this lobbyist firm has a good relationship with them. And that's -- if you rely on someone who has knowledge and experience in what Tallahassee wants or you're going to go to those other lobbying firms. There's like 80 something lobbyists, I know 64 of them. I spent 16 years up there. I can tell you; this lobbyist has a good relationship with that senator and with that president or that upcoming president or that future president or the future speaker. And that's how you do it. You do it in a methodical way. Using only one firm, it could be the greatest firm -- and by the way, Becker Poliakoff is included in that list. Vice Chair Russell: Are there different ones that specialize in environmental -- Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Russell: -- versus construction? Commissioner Diaz de la Portilla: Yes, of course. And that's the way you do it now, sir. You tell the manager, if'it has to come back to us, let it come back to us. I have no problem with that. But don't close it out and say, one firm is going to -- is going to be, you know, jack-of-all-trades because that's not the way it works in Tallahassee. City of Miami Page 85 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: There are people that specialize in water projects, there are people that specialize in transportation, that people that have relationship with the next speaker of the house or the one after that. I'll give you an example. I'll give you a real quick example. And I won 't go on. The future speaker of the Florida House of Representatives is a guy from Miami by the name of Daniel Perez, Danny Perez. He's going to be speaker of the Florida House of Representative in 2024. That means that between now and 2024, every state house member is going to -- (UNINTELLIGIBILE) is not the right word, but he's going to be -- they're going to be very nice to him because they want to be named chairman of this committee or that committee. So, for the next four years that we have the firm that has a good relationship with that particular future speaker, then we have an upper hand in getting dollars for our city. So, we have to be long-term thinkers here. We're going to spend 50 or we spend 100, no. We spend as much as we can, and we do an analysis within reasonable terms of course. And we do an analysis. How much -- we spend 500 and we got 5 million back. That's a heck of a return on investment. If we spent 50 and we get nothing back because we didn't spend enough because we were not players in the game, then we have cities, small city, like Doral and other cities that get more money than the City of Miami. And that's embarrassing for my city. That's my only argument. So, yes, Becker Poliakoff without a doubt, should be hired because they have a great reputation, they work hard, they do good work. And they're sort of multifaceted in the sense that they have a lot of different relationships. But there are other firms, my opinion, it should he maybe four or five firms. Maybe 'bur firms that are Miami based and maybe one that's Tallahassee based to get some local -- local being up there. And then we kind of get a balance and let -- allow the manager and others to talk and sit with them and say, hey, you know what? This makes sense to us. Let's say we're fighting for $2 million for Miami River. And I can maybe recommend, maybe my experience may, not be that valid to some here, but at least in this field, I think it's pretty good. But I'll tell you, if you get $2 million, you could hire this firm because the people at that firm used to be the legislative assistant to this particular senator who's now the chairman of that committee. Vice Chair Russell: Chicken or egg. What comes first? Our legislative priorities list or choosing the lobbyist that would represent us to get that list done? Commissioner Diaz de la Portilla: Our legislative priority list. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Of course. But it's not only money, it's also legislation. Commissioner Carollo: What we have had is that -- unless maybe 1 missed something. I haven't been given anything by anyone in the administration of what legislative list we've had. And this is why I said one firm because you all know that we 're well,, well, into the legislative session. We should have had this last year. And I don't mean December. So, we're now towards the end of January. I don't care who we hire. We're going to be limited in what we can do. Now, there are some dollars, I will agree with that, but they're dollars that you're going to have to put 75 to maybe get 25 percent in that order. There's not that much money to go around this year and the governor is going to veto more than ever before. That's why I said before, to hire them for not just the legislature, but for the governor and candidate also, so they could help us in not getting much veto if we get anything across. Commissioner Diaz de la Portilla: There's one -- Vice Chair Russell: Commissioner Reyes -- City of Miami Page 86 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Portilla: Let me just talk to Commissioner Carollo's point because he made a very good point. There's one firm in that list that has a fantastic relationship with the governor of Florida. And that firm -- Commissioner Carollo: Can I send you or -- Commissioner Diaz de la Portilla: No, no. I don 't have the -- I'm not the guy, but 1 happen to know who is. So, when session ends, that's the firm that when you say, you know, what now -- Commissioner Carollo: So, who is that and what number are they? I don't even know the numbers. Commissioner Diaz de la Portilla: I'll tell you later. But -- Commissioner Carollo: No, no, no. But here, we're going to deal with this today. Yes. So, time -- hold on a second. Commissioner Diaz de la Portilla: I think what we do today is we're going to hire Becker Poliakoff I don 't have a problem with that, but -- Commissioner Carollo: But -- Commissioner Diaz de la Portilla: Let me finish my point. Let me finish my point, really quickly. There's one firm that has a good relationship with the governor because they worked with the governor for -- since, you know, he's got elected. So, the manager to come to -- or the manager -- and we know that, that we as the Commission can vote, right after session ends, let's hire this farm to make sure we can protect it for being beaten. That's the idea. So, that flexibility is what we need it. It costs only $30,000 or 40 or 50. Commissioner Carollo: I am -- I'm going to -- Vice Chair Russell: I'm sorry, Commissioner Carollo, Commissioner Reyes -- Commissioner Diaz de la Portilla: The lobbyist that has the best relationship with the Governor of Florida is (UNINTELLIGIBLE). Vice Chair Russell: Let me recognize our Senior Commissioner. Commissioner Reyes: Listen. Listen, I do understand that -- what you're saying, Commissioner. It makes a lot of sense. 1 have heard people say the same thing as you have said. Also, 1 want to remind you that Monday, I think it is, the day that we have to -- Monday or Tuesday -- that all the requests have to be -- the applications have to be made, right? Commissioner Diaz de la Portilla: No. Commissioner Reyes: It is on Dade Days? Okay. Commissioner Diaz de la Portilla: No. Commissioner Reyes: If not, we still have time. What I'm trying to say it is, is that we need to make a decision. Now, if -- I know about the firm that was rated number one that I think that should be hired. But if we have another firm, and you are saying that there's a firm that has an excellent relationship with the governor, City of Miami Page 87 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 because of the .final analysis who has the say is the governor. It's his spend, you see? He either give it -- Commissioner Diaz de la Portilla: No. Commissioner Reyes: No, wait a minute. Commissioner Diaz de la Portilla: It never hit the budget; it never gets to him. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: So, the first step is for it to make the budget. Commissioner Reyes: That's right. But to get in the budget, that is very important, you see? The appropriation and all that. But the one that makes the final decision is the governor with a veto on it. You know that. Okay. So, if it is -- my opinion, it could be smart to hire another firm that has, I don't know, an inside or that had a specialty in something else about -- I would say in drainage of water issues or something like that. Maybe we can hire a couple of firms. If not, we hire this firm and we provide the manager with the flexibility if fthe -- I mean, if something happens that he wants to hire somebody, he can come to us and express his desire to hire a firm that will be beneficial because -- whatever it is. Commissioner Diaz de la Portilla: I have an idea. Commissioner Reyes: And then we can vote on it. Commissioner Diaz de la Portilla: I have -- I have an idea. Commissioner Carollo: Hold on. The problem is that we have to unfortunately abide by the request for proposal that was sent. And we can't do it that way. And for that matter, not 100 percent on the motion that we have now where there's a second. I really don 't want to see request for proposals go out like this before, again rather, because this was done to tie our hands. And this should never happen. The bottom line is that by the request for proposal that was put out, we're either are in a position to reject all proposals. Commissioner Reyes: Yes. Commissioner Carollo: We don't want to do that because then we got to start from scratch and by that time, everything might be over. Or we instruct the City Manager to enter into competitive negotiations with at least three of the firms -- and I would say three. He knows the one that we're saying that we want, but if there's a great need for a second one out of those, he could bring it right back to us. And I would go with firm number 1, 2, and 3, just as they were graded. And then I would suggest that before the summer, we get our ducks in order. We decide who we want to represent us for the next session so we're early, and we start working before we take the August break on which our priorities are going to be for the next session. And this way, we won't be late like we are now. But that will give us the ability to move forward. Because right now, we either reject all or we choose three and the manager will negotiate with them. He knows where we stand because he heard us. But if there's another firm there that he feels that could be of great help for particular areas, I don't mind hearing that. And he could come back at the very next meeting, as long as we're moving forward, because we need representation there now, yesterday. Commissioner Reyes: Okay. Mr. -- City ofMiami Page 88 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Fonda. I think that the manager should also come back to us with legislative priorities -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- by the next -- well, not by the next Commission meeting, it's too late. I guess a week? Let me finish my point. To all of us, bring a list of legislative priorities, what the city needs, whether it's, you know, in appropriations or in policy, where the legislative priorities are to be --Jroyou to be able to -- for us to know what they are or what he thinks they are, and for us to call him individually and say, hey, you know what, that's -- I don't care about that, 1 care about this. Commissioner Carollo: Well, -- Commissioner Diaz de la Portilla: And granted, what you said, Commissioner, is correct. Negotiate with three, but if additional firm that may help us with this when you compare to those particular legislative priorities. He said, well, how about this fbr this. And we don't have -- we're putting the cart before the horse, right? We don't know what the priorities are, so maybe those three firms -- Commissioner Reyes: Excuse me. I think that we had the -- Mr. Manager, don't we have a list of our priorities already? Arthur Noriega (City Manager): So, we have it -- we have an internal list. Jose is going to distribute it now. It just came through -- Commissioner Reyes: Okay. Because I wanted to put something in those priorities, and I was not able to put it. Mr. Noriega: Just got that in the last couple of days. So, I was waiting to kind of vet it myself, but I'd rather just give it to you now. Commissioner Reyes: Okay. Mr. Noriega: That way you can look at it since it came up and then you can give me some feedback on it. Commissioner Reyes: It is -- the truth is, that we need to take action today. And I agree with -- I mean, instead of going back and start on square one. If we don't -- I mean, if we reject all the bid, we will have to go back to square one. Let's pick the three -- 1 mean, the first three or the first two and -- and allow the manager the ability to go and hire them and send them to Tallahassee. I mean, we have to start working, fast. Victoria Mendez (City Attorney): Commissioners, the problem is that when you reject the -- Commissioner Diaz de la Portilla: Can't do it. Ms. Mendez: -- slate as recommended and you negotiate with the top three, you can only come back with one. That's how it is in the code. That's why it was set up to be a pool that you could pick -- Commissioner Reyes: We are between a rock and a hard place. Commissioner Watson: No, no, no, no. Listen, listen, listen. City of Miami Page 89 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Carollo: We're not -- Commissioner Watson: Hold on. Commissioner Carollo -- I mean, Chair? Vice Chair Russell: You're recognized, yes. Commissioner Watson: Let me say this. Generally, speaking, based on the discussion dialogue -- otherwise we'll get caught behind the eight ball -- they do have dollars that come and filter through to the state. Transportation, for example, they, you know, those sort of things. How about we go with what we have, pool notwithstanding. When you start talking to the pool, it's based on an overall perspective of what our legislative priorities are always going to fall under: environmental, housing, transportation, infrastructure, public safety, and administration. You can always do a deep dive. But at the end of the day, those things that we feel are important will come. We can't have him come back. We going out with that list, give him some directions in who we might pick in the pool, so we can get in line immediately. Because the longer we delay this, then the longer we have -- the more we push ourselves out of the ability to get anything out of the process. I don't know if, Commissioner, if it was you -- Commissioner Carollo: I will tell you that in over 40 years, I have never seen a process like this in the City of Miami that so many firms had been given so that the manager could decide whatever he wants, who he gets, and how he uses them. Never have I seen that. Nor for that matter, never have I seen that in any other local government here before. So, this is a process that, you know -- Commissioner Watson: It puts us at a disadvantage. Commissioner Carollo: Well, its a process that the manager will decide. Now, the managers got no experience on these firms up there. So, who's going to tell the manager what firms to pick? It's not going to he, you know, any of us. It's not going to be him making a decision because he don't know the firms. Commissioner Diaz de la Portilla: But I do. Commissioner Carollo: We might -- that's exactly correct, Commissioner. Commissioner Diaz de la Portilla: 1 do. Commissioner Carollo: Then why don't we send you up to Tallahassee and we -- Commissioner Diaz de la Portilla: Because I'm not a lobbyist -- I am not a lobbyist, Commissioner. Commissioner Carollo: Well, no you don't have to be a lobbyist -- you could be a representative -- Commissioner Diaz de la Portilla: No, but I've been to Tallahassee, but at least you can listen to my experience that I have in that world that you don't. Like I listened to experienced that you have in this world that I don't. Commissioner Carollo: I'm all ears. Commissioner Diaz de la Portilla: I'm trying to tell you -- Commissioner Carollo: And I've been all ears. City ofMiami Page 90 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Portilla: -- but you've got to listen. 1 have experience in this world, and what I'm telling you is what 1 think is going to be best for our city. 1 know who these firms are, and I know what they represent. All I'm telling you is I think the manager -- and I had conversations with him about this -- the fact that he qualified all firms is because each of those firms offers something different. We put the cart before the horse, that's our bad. We should have had a list and then I can say, look, it shouldn't be 11, maybe it should be six because these other than five are not firms that know about that world. I have experience and nobody at this Commission has experience with these firms, but 1 do. In this particular world, 1 happen to know. Everybody's good at something, I happen to be good at this world. I'm telling you which ones I think --1 know which ones are going to be good, which is, have the relationship, that is going to give me more. Commissioner Reyes' son is one of the most effective lobbyists in Tallahassee, he has experience in this world. He knows who was -- when I go to Tallahassee, I go to people that know, right? I happen to have been in Tallahassee, I know about Tallahassee. But if I go somewhere else, I'm going to ask people, what about this world, but this happens to be the world that I come from. And I'm telling you that if do one firm and our priorities don't match what that firm does, then we're going to be screwed, honestly. It's not -- I agree with it all coming back to us. I agree it all coming back to us, but at least let's get a good priority list, list of legislative priorities. It's not enough, okay? Vice Chair Russell: All right. So, -- Commissioner Diaz de la Portilla: I just read it. This is nothing. Vice Chair Russell: Just a moment, Commissioner Reyes. Commissioner Diaz de la Portilla: I'm not -- that's all I'm saying. Vice Chair Russell: Well, let's not get into the priority list yet because 1 do as well. I think we all do, butt think 1'd like to just get a handle on the process. Commissioner Reyes: Okay. Vice Chair Russell: Annie Is here. Ms. Perez, our procurement department. So, a couple of questions. So, the idea here was to create a pool to which we would not pay retainers to anyone until we needed them, correct? Commissioner Diaz de la Portilla: That's -- Vice Chair Russell: And then the idea was to come and create the list and then decide which lobbyist specialized in which function or leader that we needed to approach, correct? Annie Perez (Director, Procurement): Correct. Vice Chair Russell: Now, what is important here and what Commissioner Diaz de la Portilla was suggesting I believe is -- is that we approve the pool, but then once the list of priorities is identified and solidified, that it would come back to us to decide which representation we would like to see for which legislative priority. Commissioner Diaz de la Portilla: Right. Vice Chair Russell: That wasn't contemplated, but that is something we could do that would not expend any funds of the city at this moment, would leave total flexibility, but leave the decision -making power in our hands. City ofMiami Page 91 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: I would be open to that because there are several firms here who I do believe do a great job for us, and Becker Poliakoff certainly is one of them. But this might be a compromise that would work because no one will get hired -- Commissioner Reyes: That's right. Vice Chair Russell: -- no one will get it done without coming to this Commission first and well know what they are lobbying for -- Commissioner Reyes: Yes, sir. Vice Chair Russell: -- and who they're lobbying. Commissioner Reyes: That's right. And I am going to add -- I'm going to add, Mr. Manager. During our discussions about the priorities, I -- so, I mean, I requested because I even took a trip to Tallahassee last -- year before last -- trying to get this bill changed and allow the building, the department, restricted balance to be used for auxiliary services, such as inspection. And that should be one of the priorities in this list. And this list, with all due respect, this is not a priority list. We don't have dollars, for one. Commissioner Diaz de la Portilla: Not even close. Commissioner Reyes: You see? I mean -- Vice Chair Russell: C minus, let's put it that way. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: No, no. It's not even a C minus, it's a D plus. Vice Chair Russell: I'd like to recognize our director of procurement. Commissioner Reyes: I mean, I can live with that as long as we don't -- I'm not hiring now and attain everybody that is in the pool. Just as they needed. Commissioner Carollo: You know, Chairman -- Ms. Perez: Good afternoon, Commissioners. Commissioner Carollo: -- if I may, I think we better -- we better invest it in hiring someone to help the manager make priorities before we even discuss this whole thing on who we're going to hire up there. Because frankly, if there's one thing that I do have to agree with Commissioner Diaz de la Portilla is in the D plus. These are not Vice Chair Russell: It's a draft — Commissioner Carollo: These are not even priorities here — Vice Chair Russell: It wasn't meant to come out -- Mr. Noriega: It wasn't intended to come out today. The idea was, this was just an internal solicitation from our individual departments -- City ofMiami Page 92 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Portilla: We still love you. It's still a D plus. Mr. Noriega: It came up, but I wanted to --1 wanted to share it with you, but it was not intended for -- Commissioner Carollo: Mr. Manager, this should have been done way before. Commissioner Reyes: Yes. Commissioner Carollo: Several months back than today. And, you know, that's the point that we're trying to -- to make. Mr. Noriega: I totally understand the missed timeliness by a lot. Commissioner Carollo: You need to bring competent people. You know, don't be afraid to hire even smarter people than you, because they're only going to make you look better. All of us look better. And that's what you need. This should not have happened like this. You know, Alex talked about last year, Doral got more than the City of Miami did. You know why that happened? Because we had a manager that wanted to run everything himself. Even after the Commission gave him instructions on what to do, he decided he was going to do it his way. He didn't even pay one of the firms at all I understand until the whole session was over because he was going to play with them, because it was the Commission that told him to hire. Commissioner Reyes: Yeah. Commissioner Carollo: And then he was the one up there in Tallahassee doing all the lobbying. That's why you don't have to be registered. I mean, Emilio didn't registered last year, and he was up there. And this is why we got what we got. So, I don't want to see -- and I'm not saying -- I'm not comparing you in any way to the fine colonel, but 1 don't want to see a repeat of last year. And I also, no matter what we're being told, know the limitations that we have in Tallahassee this year. And if you all don 't think that Tallahassee is going to be really limited this year, then I guess you think we're going to have a surplus in our next fiscal year's budget. And I think all of us know that is not going to be pretty. So, -- Vice Chair Russell: Thank you. I'd like to recognize our director of procurement, please. Ms. Perez: All right. Good afternoon, Commissioners. Annie Perez, director of procurement. I just wanted to proffer that the pool, that the RFP (Request for Proposals) does state that you can give any, no work, or all work to all firms. So, you really don't have -- there's no obligation to give any work. And as this legislative body wishes, you could decide, you could direct the City Manager to pick, you know, X, Y, Z firms and direct to, you know, for those, firms to be used, and then the pool would still be there. And we can also change the process whereby the -- any future firms would come before this body. We can do that as well. We can change that in the contracts. Just wanted to proffer that. Commissioner Reyes: If that's the case, then I propose that we accept. I mean, there's -- there's a motion on the floor. Vice Chair Russell: We have to withdraw the -- Commissioner Reyes: That's right. And Commissioner Carollo, if that's the case, I don't know if I'm satisfied with the fact that we don't -- we are not committed to anybody that they're going to be used. But also, I want the manager to take into City ofMiami Page 93 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 consideration the -- I mean, the grading of the companies, you see, which one are the ones that have been graded the highest. And also, in order to not to -- at this time -- in order not to go back and restart the bidding process, 1 believe we should accept this. But at this -- but we should demand from the City Manager a list of priorities. Not this, because as a -- it was rated D. I mean, I was a teacher. And I wouldn't give him a D minus, I would give him an F, really. Really, because I'm real. I pull that up -- when you taught the person that are supposed to be our liaison and you tell them that priorities that you have and you've been having for a few years and in trying to pass, and Tallahassee got no benefit and then you don't see it no place. And then you don't see -- 1 mean, we have so many water projects that they are almost shovel ready, you see? That should be included here too, see? Every -- in every single district, not only in mine. In every single district. So, having said that I think that if it is the will of this Commission, we accept it the way it is. Asking the City Manager that -- that use -- according to the ranking of a company and to the expertise when it is necessary, yes, it is necessary. But before that, it should come with a priority list that is a real priority list that is -- that includes every one of our needs. Commissioner Diaz de la Portilla: Within the next week. Commissioner Reyes: Within next week, that's it. Commissioner Carollo: Let me read the resolution that we have before us. And I don't think this is what you want to vote on. A resolution of the Miami City Commission with attachments, accepting the proposals received on October 19th, 2020, pursuant to request for qualifications number 1243393 from various pre - qualified farms listed in attachment A. Attached and incorporated for the provisions of state lobbing service on a as -needed basis for the office of the City Manager for an initial period of five years with the option to renew for two additional year periods. Allocating funds from the various sources of funds of the use of department subject to the availability of funds and budgetary approval at the time of need authorizing the City Manager, to negotiate and execute -- not coming to the Commission -- a professional services agreement in a form acceptable to the City Attorney. Further authorizing the City Manager to negotiate and execute any and all other documents including any amendments, renewals, and extensions subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the Code of the City of Miami as amended, including the City of Miami's Procurement Ordinance, Anti -Deficiency Act and financial integrity principles, all as set forth in Chapter 18 of the city code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary fbr that purpose. Now, this resolution gives the full authority to the City ofMiami -- to the manager, to take action on this resolution and not this Commission. Vice Chair Russell: Agreed. That's not the intention of this body from what we've talked about today. Go ahead. We need to amend it. Commissioner Diaz de la Portilla: Can we change the language to get City Manager and put City Commission? Exactly, what the Commissioner read and say the City Commission instead of City Manager, that's it. Commissioner Carollo: Madam City Attorney -- Commissioner Diaz de la Portilla: Or City Attorney. Whatever you decide. Commissioner Carollo: Can the city -- City ofMiami Page 94 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Ms. Mendez: Unfortunately, we put out a request for qualifications. They came back, they're all qualified. So, it's either -- Vice Chair Russell: You're misunderstanding the question -- Ms. Mendez: I'm trying to get there. I'm trying to get there. So, the point is that the way that we had everything done is delegated through the City Manager. I think the best way would be -- I don't know if it was Commissioner Reyes or Commissioner Carollo that said that they would just come before, once you have your legislative priorities, they come before you and you pick who is going to -- Commissioner Reyes: That's right. Ms. Mendez: -- work on that item. And that should be the condition. I think that would be the best way that you have your -- Vice Chair Russell: That would be an amendment. Commissioner Diaz de la Portilla: An amendment, that makes a condition. Ms. Mendez: Right. This is the condition that, you know, through the manager — Commissioner Reyes: Yes, that's right. Ms. Mendez: -- you advise based on the legislative priorities, who should work on what item as this pool is established. Commissioner Reyes: Absolutely. Ms. Mendez: But it could come before you — Vice Chair Russell: Mr. Carollo, would you reset your motion with that amendment? Commissioner Carollo: I would. Which means I have to withdraw my motion and make a new motion with that amendment. Commissioner Reyes: I agree. Commissioner Carollo: I would do it. But however, here's the biggest concern. If we were back in September, October, that's a lot easier. Right now, when are we going to decide what priorities we want up there? I'm going to bring one right today for you all to approve or not approve. Who is going to take care of business for us in the meantime? We've got to find senators, state reps that are going to sponsor some of these bills for us. I've started working on this one already on my own. So, this is the concern that I have that we -- I mean, I don't know. Becker -- Commissioner Diaz de la Portilla: How about I handle it for free? Commissioner Carollo: Excuse me? Commissioner Diaz de la Portilla: How about I handle it pro bono? I'll get you responses. Commissioner Carollo: Well, you're doing it already anyway through the manager. City ofMiami Page 95 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Portilla: 1 know, but the manager doesn't know anybody in Tallahassee, I do. So, how about if 1-- if you have an issue they need a sponsor for, 1'll do it. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: Don't need to give somebody 50k, I can do it myself Commissioner Carollo: Like 1 said, 1 want to get sponsors, but 1 don't want to lose them. Commissioner Diaz de la Portilla: No, I'll get you sponsors, house and senate. Commissioner Carollo: Okay. Very good. Let me go on. Thank you. Commissioner Diaz de la Portilla: You're welcome. Commissioner Carollo: So, my concern is that -- I think we're all in agreement that Becker, we had them before, they came up as number one from all these firms, that we want Becker to be working with us. I don't know if there's anybody from Becker here. If they will be willing to hold the fort at their risk for the city until we finalize the process that we've just discussed here. Vice Chair Russell: He appeared like a genie. Commissioner Diaz de la Portilla: He's been here all day and he hasn 't -- at like 6:30 in the morning. Commissioner Reyes: But I have a question. I have a question. We need, before that, if it's going hold the fort, he needs what fort he's holding. Because we need our priorities list, you see? We need our priority list. So, we have to either meet with them tomorrow and everybody gets their own priority, or the City Manager meet with them -- us and provide the list as fast as he can so he can start holding the fort. If you have some priorities, I do, and I don't know if you do, Commissioner Russell, and Commissioner -- well but they're not there, you see? Commissioner Carollo: I think we need at least a week for the Manager to sit with us, for us to express to him what our individual priorities are, for him to tell us what the administration would like to see, and then for us to try to -- and the manager -- to try to put together everybody's ideas. And we're going to need to have a special Commission meeting next Friday so that we can finalize it and give the firm or firms some marching orders of what we want them to do for us in Tallahassee. Vice Chair Russell: Agree. Commissioner Carollo: I know is quick, butt think we can do it in a week's time. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: Okay. Shall we though pass this item as is, but with the condition -- we got a condition that any hiring comes back to this Commission. And not hiring, the actual engagement -- Commissioner Diaz de la Portilla: We'll have the special meeting next Friday and the manager comes back to us by Wednesday, I guess, right, so we can review it, or by Thursday, whenever it is, so we can do it in one foul swoop. City of Miami Page 96 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: Okay. So, not passing this now? Commissioner Diaz de la Portilla: No, no. Pass it. Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: We're also going to have a special Commission meeting next Friday. Commissioner Carollo: That's exactly what 1 said. Commissioner Diaz de la Portilla: Yeah, I know. I was repeating it. Commissioner Carollo: Just where I was going to now. Now, the only other thing that I don't know if we're stuck with or not. Do we have to approve this with -- for five years with options for renewal for two additional -- Ms. Mendez: No, no. These are termination for convenience. So, the minute that you're done with them, you're done with them. You don't need to have them for five years. Ms. Perez: Yes. Commissioner Carollo: Alright. Commissioner Diaz de la Portilla: Kind of like the Bill Galvano (phonetic) contract. Ms. Mendez: Just like that. Commissioner Diaz de la Portilla: You can terminate whenever you want. Commissioner Reyes: Is that your -- that's a motion, Commissioner Carollo? Commissioner Carollo: That's the motion. Commissioner Reyes: I will second it, and let's move. Vice Chair Russell: There's been a motion, there's been a second. Is there any -- with a condition -- Commissioner Reyes: With a condition. Vice Chair Russell: -- as an amendment. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: Is there any further discussion on the item? Commissioner Carollo: To be clear, any mention of the city of manager making any decision having been given by the Commission any right to enter into any contracts is null and void, like Mr. Galvano's contract, and the only instructions are that before anyone is hired, it has to come back to the Commission for us to vote on it. Mr. Noriega: Okay. Vice Chair Russell: All right. All in favor of the item, say "aye." City ofMiami Page 97 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? RE.8 RESOLUTION 8348 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A POLICY THAT THE CITY OF MIAMI ("CITY") WILL STRIVE TO PROCURE MATERIALS, GOODS, AND SERVICES THAT ARE MADE AND/OR ASSEMBLED IN THE UNITED STATES, SO LONG AS CONSISTENT WITH MAXIMIZING THE PURCHASING VALUE OF CITY FUNDS AND SUBJECT TO THE CITY'S SOLE DISCRETION, IN AN EFFORT TO ASSIST WITH THE ECONOMIC CRISIS RESULTING FROM THE NOVEL CORONAVIRUS PANDEMIC. ENACTMENT NUMBER: R-21-0050 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: Are we ready to buy American, RE.8? Commissioner Reyes: Yes. Commissioner Carollo: Yes. Commissioner Reyes: Move it. Vice Chair Russell: There's been a motion by Commissioner -- Commissioner Diaz de la Portilla: I'll second it. Commissioner Carollo: Carollo. Vice Chair Russell: Carollo, seconded by Commissioner Reyes. I'm sorry, he beat you to the punch. Commissioner Carollo: Madam Attorney -- Commissioner Diaz de la Portilla: It happens. Commissioner Carollo: -- you have any further -- Victoria Mendez (City, Attorney): As drafted, it's perfect. Commissioner Carollo: Okay. All right. Ms. Mendez: Thank you. Commissioner Carollo: As you can see, the City of Miami once again has taken the lead. You know, we're ahead of our times. You notice that the president-elect took notice of what we were presenting last week when we deferred to make it even better. City ofMiami Page 98 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 And he quickly moved to get ahead of us, and he passed the -- basically the same similar resolution that we are passing today. Commissioner Reyes: Are we co -sponsoring -- Mr. City Clerk, I am the co-sponsor of this. Commissioner Diaz de la Portilla: I want to co-sponsor it also. Commissioner Carollo: Okay. You all were I think, all of you. Commissioner Reyes: All right. All right. Vice Chair Russell: We already all were on it. Commissioner Reyes: We're already, co -sponsored? Vice Chair Russell: God bless America. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. END OF RESOLUTIONS City ofMiami Page 99 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 SR - SECOND READING ORDINANCE SR.1 ORDINANCE Second Reading 7338 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FLOOD DAMAGE PREVENTION;" MORE PARTICULARLY, BY AMENDING SECTIONS 20-1, TITLED "DEFINITIONS," SECTION 20-3, TITLED "DEVELOPMENT IN EITHER SPECIAL FLOOD HAZARD AREAS, OR NONSPECIAL FLOOD HAZARD AREAS," AND SECTION 20-4, TITLED "DEVELOPMENT WITHIN SPECIAL FLOOD HAZARD AREAS", TO CODIFY THE NORTH AMERICAN VERTICAL DATUM OF 1988 ("NAVD 88") AS THE APPLICABLE VERTICAL DATUM FOR THE PURPOSE OF ADMINISTERING THE CITY OF MIAMI'S ("CITY") FLOOD DAMAGE PREVENTION REGULATIONS; FURTHER AMENDING CHAPTER 29 OF THE CITY CODE, TITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS;" MORE PARTICULARLY, BY AMENDING SECTION 29-81, TITLED "DEFINITIONS," SECTION 29-82, TITLED "PURPOSE OF ARTICLE," SECTION 29-83, TITLED "PERMITS FOR WATERFRONT IMPROVEMENTS —REQUIRED," SECTION 29-84, TITLED "SAME —APPLICATION", SECTION 29-89, TITLED "DESIGN," SECTION 29-91, TITLED "CONSTRUCTION," SECTION 29-92, TITLED "MATERIALS," SECTION 29-93, TITLED "REVIEW OF PLANS; DUTY TO INSPECT," SECTION 29-94, TITLED "PROCEDURE FOR INSPECTIONS," AND SECTION 29-95, TITLED "MAINTENANCE," TO ESTABLISH NEW STANDARDS FOR THE CONSTRUCTION, RECONSTRUCTION, AND REPAIR OF SEAWALLS AND BULKHEADS; ESTABLISHING A NEW MINIMUM HEIGHT OF SIX FEET (6') NAVD 88 FOR NEW AND RECONSTRUCTED SEAWALLS AND BULKHEADS CITYWIDE; PROVIDING FOR A VARIANCE PROCEDURE FOR SUCH ELEVATION REQUIREMENT; PROVIDING FOR A DEFINITION AND PERMITTING CONSTRUCTION OF LIVING SHORELINES; IMPOSING A DUTY ON PRIVATE PROPERTY OWNERS TO MAINTAIN SEAWALLS AND BULKHEADS IN GOOD REPAIR AND TO PREVENT TIDAL WATERS FROM FLOWING OVER OR THROUGH SUBSTANDARD OR DAMAGED SEAWALLS OR BULKHEADS TO ADJACENT PROPERTIES AND PUBLIC RIGHTS - OF -WAY; PROVIDING FOR ENHANCED PENALTIES FOR PROPERTY OWNERS THAT FAIL TO DO THE SAME; PROVIDING FOR A WAIVER OF FEES FOR RECONSTRUCTION OF SUBSTANDARD OR DAMAGED SEAWALLS UPON FURNISHING OF PROOF OF FINANCIAL HARDSHIP; PROVIDING FOR COMPLETE MITIGATION OF CODE COMPLIANCE FINES FOR PROPERTY OWNERS WITH SUBSTANDARD OR DAMAGED SEAWALLS OR BULKHEADS FOUND TO BE IN VIOLATION THAT UNDERTAKE STEPS TO CORRECT THOSE VIOLATIONS WITHIN THE TIMEFRAME FOUND HEREIN; CREATING A NEW SUBSTANTIAL REPAIR THRESHOLD THAT PROVIDES FOR SEAWALLS AND BULKHEADS TO BE RECONSTRUCTED TO PRESENT SPECIFICATIONS PROMULGATED BY THE DEPARTMENT OF RESILIENCE AND PUBLIC WORKS UNDER CERTAIN QUALIFYING CIRCUMSTANCES; MODIFYING THE MINIMUM REQUIREMENTS AND INFORMATION REQUIRED FOR PERMITS IN CONNECTION WITH THE CONSTRUCTION, REPAIR, City ofMiami Page 100 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 AND RECONSTRUCTION OF SEAWALLS AND BULKHEADS; AND PROVIDING FOR THE COMPLETE MITIGATION OF FINES FOR VIOLATIONS RELATED TO THE DISREPAIR OF SUCH IMPROVEMENTS UPON ADHERENCE TO CERTAIN PRESCRIBED TIMEFRAMES; FURTHER AMENDING CHAPTER 54/SECTION 54-46 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS/AGREEMENT AND BOND AS TO PAVING AND OTHER IMPROVEMENTS BY PERSONS SUBMITTING PLATS, REPLATS, ETC., TO COMMISSION," TO ESTABLISH A NEW MINIMUM HEIGHT OF SIX FEET (6') NAVD 88 FOR NEW AND RECONSTRUCTED SEAWALLS AND BULKHEADS FOR APPLICABLE PROPERTIES SUBMITTED TO THE CITY'S EXISTING PLATTING PROCESS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item SR.1 was deferred to the February 11, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item SR.1, please see "Order of the Day." END OF SECOND READING ORDINANCE City ofMiami Page 101 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 8311 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, TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT;" MORE PARTICULARLY, BY CREATING A NEW SECTION 2-212, TITLED "CERTIFICATE OF USE PROGRAM," TO ESTABLISH A PILOT PROGRAM FOR ONE (1) YEAR TO IMPLEMENT A PROCESS FOR THE APPROVAL OF CERTIFICATES OF USE TO PERMIT VEHICLE STORAGE IN CERTAIN COMMERCIALLY ZONED PROPERTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. rMOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item FR.1, please see "Order of the Day." FR.2 ORDINANCE First Reading 7969 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING"; MORE PARTICULARLY BY AMENDING ARTICLE II, SECTION 62- 12 OF THE CITY CODE, TITLED "COMPREHENSIVE PLANNING/FEE FOR INSPECTIONS AND EXAMINATIONS OF PLANS FOR COMPLIANCE WITH THE PROVISIONS OF THE CITY ZONING ORDINANCE AND MISCELLANEOUS ZONING FEES", AND ARTICLE VI, SECTION 62-22 OF THE CITY CODE, TITLED "ZONING AND PLANNING FEES/SCHEDULE OF FEES", TO PROVIDE A COMPREHENSIVE UPDATE TO THE PLANNING AND ZONING FEES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item FR.2 was continued to the February 25, 2021, City Commission Meeting. City ofMiami Page 102 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Note for the Record: For minutes referencing Item FR.2, please see "Order of the Day." FR.3 ORDINANCE First Reading 8443 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I/SECTION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/IN GENERAL/BUILDING PERMIT FEE SCHEDULE," TO AMEND THE FEE FOR WORK STARTED WITHOUT PERMITS FOR NON- HOMESTEAD/COMMERCIAL PROPERTIES; 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: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: Madam City Attorney, could you read FR.3, 4, and 5 into the record, please. Victoria Mendez (City Attorney): FR.3? Vice Chair Russell: 3, 4, and 5. 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: And FR.5. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Thank you very much. On FR.4, Mr. Ihekwaba, we had discussed potential changes in language to avoid reimbursement and allow for credit instead of those fees paid already. Is that something we need to capture as a floor amendment here or is that something that's already contemplated? Nzerihe Ihekwaba: Good afternoon. Nzeribe Ihekwaba, Assistant City Manager. We had discussed about changing language instead of reimbursements to change the language to read as going to be a credit for subsequent payments. Whatever has been paid as of date would be credited to the account of the sidewalk cafe owners and the vendors? Vice Chair Russell: Yes. Mr. Ihekwaba: So that based on that payments, effective the next fiscal year, that payment would he credited as -- in their favor, so they don't have to make additional payments. Vice Chair Russell: Has that been captured in this legislation yet, or do we need to amend that on the floor? City ofMiami Page 103 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Ihekwaba: I think it needs to be amended on the floor. Vice Chair Russell: All right. So, when this item is moved, I'd like to make that amendment to that effect. Commissioner Carollo: Sure. I'll make the motion for the item. And let me say this. At first glance, I got concerned because I didn 't know how much it was going to cost us. From what the administration has told, it's going to be somewhere in the neighborhood of approximately $100,000, which is a very small amount in being able to help in a long way all the restaurant owners in Miami. So, this is another way that the city is moving forward in trying to help our businesses in the city. Small, medium, and some large. Vice Chair Russell: Thank you, Commissioner, for your support. Commissioner Reyes: I want to co-sponsor this. Vice Chair Russell: Thank you very much. Commissioner Carollo: You have me already, Mr. Clerk, as a sponsor? Todd B. Hannon (City Clerk): Yes. Commissioner Reyes: I think I did it -- I said it the last time. I did co-sponsor it. Vice Chair Russell: Noted. Thank you. And the other purpose of this was to create a level playing field because we created a free permitting process -- Commissioner Reyes: Absolutely. Vice Chair Russell: -- since we're using parking spaces. Yet the ones that were doing it legitimately from before are getting hit. Commissioner Carollo: Absolutely. Vice Chair Russell: This is -- it is a small hit for us. It's a big help for them. Commissioner Carollo: Absolutely. Vice Chair Russell: All right. So, that's -- and how about FR.3 and 5? Shall we pass them together so that we can -- all right. So, 3, 4, and 5, including the amendment on 4, is there a motion? Commissioner Carollo: And on 5, I ask to have been put as a sponsor also. There's a motion on all three of them. Commissioner Reyes: Okay. Vice Chair Russell: And seconded by Commissioner Reyes. Commissioner Reyes: Yes. Vice Chair Russell: Any further discussion? Commissioner Carollo: Nope. City ofMiami Page 104 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes unanimous. Thank you very much. FR.4 ORDINANCE First Reading 8498 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION WAIVING THE SIDEWALK CAFE FEES SET FORTH IN CHAPTER 54/ARTICLE VI/SUBSECTIONS 54-224(B) AND (D) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND SIDEWALKS/SIDEWALK CAFES/FEES AND SECURITY DEPOSIT"; SPECIFICALLY WAIVING SIDEWALK CAFE PERMIT FEES ASSESSED UNDER SECTION 54-224(B) OF THE CITY CODE AND THE SECURITY DEPOSIT ASSESSED UNDER SECTION 54-224(D) OF THE CITY CODE DURING THE REMAINDER OF THE NOVEL CORONAVIRUS ("COVID-19") PANDEMIC FOR WHICH A STATE OF LOCAL EMERGENCY WAS DECLARED BY MAYOR FRANCIS X. SUAREZ ON MARCH 12, 2020 UNTIL THE TERMINATION OF THE CITY'S COVID-19 RESTAURANT RECOVERY PROGRAM AS ORIGINALLY AUTHORIZED BY RESOLUTION NO. R-20-0156 ADOPTED ON MAY 14, 2020 AND SUBSEQUENTLY EXTENDED BY THE CITY COMMISSION; PROVIDING FOR REIMBURSEMENT ON A FIRST - COME, FIRST -SERVE BASIS OF THOSE SIDEWALK CAFE PERMIT FEES ALREADY PAID DURING THE PENDENCY OF THE COVID-19 RESTAURANT RECOVERY PROGRAM, SUBJECT TO BUDGETARY CONSTRAINTS AND AVAILABILITY OF FUNDS AT TIME OF REQUEST; PROVIDING FOR A SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item FR.4, please see "Order of the Day" and Item FR.3. City ofMiami Page 105 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 FR.5 ORDINANCE First Reading 8502 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I/SECTION 10-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/IN GENERAL/BUILDING PERMIT FEE SCHEDULE," TO ADD THE PLAN REVIEW DISCIPLINES OF BUILDING, ZONING, PLANNING, AND RESILIENCE AND PUBLIC WORKS TO THE FEE SCHEDULE FOR JOINT PLAN REVIEW MEETINGS; FURTHER, TO INCLUDE SAID DISCIPLINES IN THE EXPEDITED OVERNIGHT REVIEW OF BUILDING PLANS; 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: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item FR.5, please see Item FR.3. END OF FIRST READING ORDINANCES City ofMiami Page 106 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 BU.1 8132 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 Vice Chair Russell: The only remaining item on the earlier agenda is the discussion status of fiscal year '21 and '22 proposed budgets, BU.1, and then the discussion items. Commissioner Carollo: Can I bring something up real quick? You saw a little while ago, a prime example of what we could get done if we stand firm when people are telling us the sky's falling, they owe us money and they don't want to pay. Now, if you could tell me that that's not the quickest $900, 000-plus. In fact, I think Brian was putting the money in his back pocket. I don't know, he was putting something in his pocket. Commissioner Diaz de la Portilla: He's not a happy camper right now. Commissioner Carollo: No. But -- and then he committed to keep paying every month. No more excuses that, you know -- he still got a hell of a break. But, you know, that's a business decision that we're making. I think we've taken into consideration everything involved, but the fact that he didn't even want to pay 900,000 or so, you got 120 million, might be more, because he, you know, didn't really want to tell us how much because he knew how ridiculous it was going to sound that, you know, he couldn't pay the 900,000. But this is what this Commission needs to do every meeting that we have with anyone we deal with. You know, these are all good people. They're great businesspeople. But we got a deal with them equally as good in business terms. Thank you. Vice Chair Russell: Thank you very much. BU.1, please. Fernando Casamayor: Good afternoon again, Commissioners. Fernando Casamayor, Assistant City Manager. For BU.1, we're reporting on the first quarter of the fiscal year. Typically, the first quarter of the fiscal year is probably the most unreliable quarter when you were trying to do projections and figure what the -- what -- if there are any trends that we should be looking out for. Nonetheless, we still convened a group of individuals from the finance department, the budget department, a financial advisor, and myself. We went over a variety of revenue numbers and our expense figures. While we have not been able to identify any trends that we can start to make any adjustments for, what I can tell you is that we have identified a couple of items that we're going to continue to watch over the next couple of months to ensure that we still have the appropriate revenue in order to cover our expenses. We are running a little low on our expense side, so we are City ofMiami Page 107 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 saving money because we're not spending as fast as we thought that we would. But in particular, we're looking at the communication service taxes that are running a little bit low. Obviously, our parking surcharge number because parking activity has been reduced as a result of COVID. And then some of our shared revenue payments that we get from some of our lessees because obviously the sales aren 't quite there either as a result of COVID. But at the time, what I can report to you is there 's nothing in the numbers that we have seen that would cause us to take any deviation from our current budget. And I'll take any questions you may have. Vice Chair Russell: Any questions for Mr. Casamayor? Thank you very much. Commissioner Carollo: Did Chris leave any additional bags that he forgot behind? Mr. Casamayor: If he did, I haven't found any. Commissioner Carollo: A few millions left for the budget? Mr. Casamayor: We had 900, 000, sir, so -- Commissioner Carollo: Well, yeah. But that wasn't his bag. Mr. Casamayor: Yeah, wasn't his doing. Vice Chair Russell: Thank you, Mr. Casamayor. END OF BUDGET City ofMiami Page 108 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 8377 A DISCUSSION REGARDING USACE BACK BAY STUDY. Department of Resilience and Public Works MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item DI.1 was deferred to the February 11, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item DL1, please see "Order of the Day." DI.2 DISCUSSION ITEM 8490 Commissioners and Mayor A DISCUSSION ITEM CONCERNING THE APPOINTMENT OF BILL GALVANO AS CONSULTANT TO THE CITY OF MIAMI TO REDRAW DISTRICT BOUNDARIES. RESULT: DISCUSSED Vice Chair Russell: Our agenda only remains with the discussion items. Gentlemen, how much time would you like to allocate to our seven remaining discussion items? Commissioner Reyes: Five minutes. Commissioner Carollo: For each, yeah. Vice Chair Russell: I would love if we can do this with five minutes each. Commissioner Carollo: Well, let's see. Let me jump through them before we go to one more. This is going to be boring. So, if you have to go to the restroom or something, don't worry. If we can go with D1.3. That's the -- well, 1 didn't know this, you got DI.2, Commissioner Watson. Mr. Clerk, Mr. Clerk, Mr. Clerk. Hold on. Commissioner Watson, this is really yours because you started this one up before, DL2. Commissioner Watson: Oh, okay. Commissioner Carollo: So, -- Commissioner Watson: I thought you said DL 3. Commissioner Carollo: Yeah. City ofMiami Page 109 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Watson: Am I on? Commissioner Carollo: Yeah, you're next. Commissioner Watson: I'm up, I'm up. Mr. Chair, -- Vice Chair Russell: You're recognized. Commissioner Watson: -- we got word from the previous party that they are no longer going to represent us. We want to move to get Mr. Miguel De Grandy and hopefully Mr. Hans Helmut to work with us on our redistricting effort as we move forward in this process. Vice Chair Russell: Okay. DI.3 DISCUSSION ITEM 8434 Commissioners and Mayor A DISCUSSION ITEM REGARDING AN UPDATE ON HIRING OF THE BUDGET DIRECTOR. RESULT: DISCUSSED Vice Chair Russell: Commissioner Carollo, your discussion items. Commissioner Carollo: Mr. Manager, can you give us a brief update in the hiring of the budget director? Arthur Noriega (City Manager): Yes, sir, we did. We had a notice solicitation for a recruitment for the budget director. We had 14 resumes that were submitted applications which met the minimum criteria. Commissioner Carollo: How long was the notice out for? Mr. Noriega: I don't know. Commissioner Carollo: And where was it placed or -- the different publications that the -- Mr. Noriega: I can get that infbrmation fbr you if you'd like, Angela has at all, our HR (Human Resources) director. I don't have it handy. Commissioner Carollo: Okay. But put together, please. Mr. Noriega: Yeah. The current list of applicants is -- which we're reviewing -- we may have need to re -advertise again because we're not entirely -- not really up to speed. Commissioner Carollo: I would suggest if you're not happy, then try to advertise again because you got to get somebody really good. Mr. Noriega: Agreed. Commissioner Carollo: Just to fill in the position ain't going to cut it, Mr. Manager, so -- Mr. Noriega: Nope. City of Miami Page 110 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Carollo: I have no problems if you got to re -advertise again, it takes longer. Because we need to get the right person, somebody good that could find the dollars before, not after. Mr. Noriega: Agree. Commissioner Carollo: Okay. All right. DI.4 DISCUSSION ITEM 8435 Commissioners and Mayor DI.5 8436 Commissioners and Mayor A DISCUSSION ITEM REGARDING AN UPDATE ON HIRING OF THE PARKS AND RECREATION DIRECTOR. RESULT: DISCUSSED Commissioner Carollo: DI.4. Again, if you could let the Commission know and give us an update on where we're at with the hiring of the parks and recreation director. Arthur Noriega (City Manager): So, we are set to begin interviews next week. We have nine interviews scheduled. Those will begin next week and probably carry on probably the early part of next week. We have a good group, and I think we've got a number of really good candidates as part of that. So, we expect to have a parks director named in pretty short order once the interviews are complete. Commissioner Carollo: What's the short order that you -- Mr. Noriega: 1 would say within -- I would say sometime within the next two or three weeks. Commissioner Carollo: It's really, really key for the city to get a good parks director that's got fire in their belly that are going to go out there and get things done quickly for us. Because I will speak for my district, I got some real messes in parks that, you know, have been like that since the -- not this park director resigned, but the previous park director resigned. DISCUSSION ITEM A DISCUSSION ITEM REGARDING AN UPDATE ON HIRING OF POLICE CHIEF. RESULT: DISCUSSED Commissioner Carollo: Okay. DI.5. Arthur Noriega (City Manager): So, yesterday we conducted the public interviews, the committee interviewed the eight candidates. I think that interview process went well in terms of just the timeliness of it. I think the questions that the committee generated were well thought out, very diverse in terms of -- Commissioner Carollo: Hold on for just a second. You said the committee generated those questions themselves? City ofMiami Page 111 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Noriega: Yes. So, what we did was, we had a number of meetings, asked them to proffer their suggestion on questions. They proffered a number of questions. We went back through all of them and then each one of them took a question as their assigned question, and then they proffered the questions individually. Commissioner Reyes: Did the -- Commissioner Carollo: That's an unusual way of having done it. Commissioner Reyes: Yeah. Commissioner Carollo: Usually thought that, you know, depending how each candidate responded or reacted, you know, they would be free to keep asking questions. Mr. Noriega: They were. They were free to do that if they wanted. That was not something that they were limited by. Just we wanted to have a pre-set scripted set of scripted questions, and to also ensure that the committee members didn't ask redundant questions, so that there were some balance to it. Commissioner Carollo: Was that meeting open to the public? Mr. Noriega: Yesterday, yes, it was it. Commissioner Carollo: Was there anybody from the public that came to ask questions? Mr. Noriega: Not ask questions, no. The committee was the one charged with asking questions, but there were people here that could observe it and obviously they were able to observe it on -- Commissioner Carollo: All right. Mr. Noriega: -- online, on social media, as well as on the TV. Commissioner Reyes: I have a question. Yes, I have a question. Prior to meeting of the committee, in order to be selected, did they have to answer any questionnaire? Mr. Noriega: The committee itself? Commissioner Reyes: No. The candidates. Mr. Noriega: Did the answer a questionnaire? No. No, sir. Commissioner Reyes: And they had an application -- Mr. Noriega: Yeah, they had an application -- Commissioner Reyes: An application they have to fill? Mr. Noriega: Correct. Commissioner Reyes: In which they -- I mean, they have to prove they are -- Mr. Noriega: They met all the minimum requirements. Yeah, they -- City ofMiami Page 112 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Reyes: And that application was -- 1 mean, it was kept, 1 would say, was given only to the applicants, not anybody else had access to them? Mr. Noriega: What do you mean to the applicants? I mean -- Commissioner Reyes: The application -- Mr. Noriega: To the committee itself Commissioner Reyes: Was the application only developed and given to the applicants only? Nobody in the police department, nobody in place -- anybody else had the application, a copy of the application? Mr. Noriega: The application that they submitted? Commissioner Reyes: Yes. Mr. Noriega: No. No. I mean, we disseminated to the selection committee as well as the law enforcement review committee that I set up for; so they had access to their applications. Commissioner Reyes: So, that means that none of the applicants could have had assistance from any of -- anybody within the police department or any other place? Mr. Noriega: I mean, I don't know whether they had assistance personally. Commissioner Reyes: Okay. But -- Mr. Noriega: But they didn't have access to the questions if that's your question. Nobody had access to the questions prior to the actual interview process. Commissioner Reyes: No, what I'm asking is because 1 don't want anybody to he able to enhance their knowledge or enhance their -- being coached by anybody. Mr. Noriega: I can 't speak to whether anybody was coached by anybody. Remember; nobody directly related to -- Commissioner Reyes: I know what I'm asking, because but I'm just trying to fish something out, some information. But okay. If you're saying that nobody knew anything, that nobody knew the application, nobody knew the questions. Commissioner Carollo: Does the police chief, Jorge Colina get to have any input in speaking to the committee members, expressing -- Mr. Noriega: No. Commissioner Carollo: -- his sentiments? Mr. Noriega: No. Commissioner Carollo: Anything? Mr. Noriega: He had no contact. I mean, that I'm aware of any formal way with any of the committee members who were on the interview committee. Commissioner Carollo: Don't you think probably that might have been wise, he's the acting chief at least he could have given some input? City ofMiami Page 113 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Noriega: You know, I wanted -- each of them had their own area of expertise. Obviously, they were recommended by the Commission, so 1 felt like we were pretty well covered in terms of the types of questions we're going to ask and their interaction obviously with the individual candidates. Commissioner Carollo: It's always good to have the remaining chief,' and we've been lucky that we get a long time period to do this and that he's willing to stay whatever time is necessary to hire a new police chief But if I, you know, would've had any say so, I would've asked him to come before the committee so that he could have given them some input. But having said that, could you give us the names of the last members of the committee, who they are, and what their background was? Mr. Noriega: The committee that interviewed yesterday? Commissioner Carollo: Yes. Mr. Noriega: Yeah. I'll get that sent over. Commissioner Carollo: Can we hear that now, the committee? I mean, that's basic, six names. Mr. Noriega: Seven names. I have it upstairs. Commissioner Reyes: While you're looking for it, can I ask you another question because it's -- the questions were developed by the committee members, right? Mr. Noriega: Correct. Commissioner Reyes: During the meeting or beforehand? Mr. Noriega: No, beforehand. Commissioner Reyes: Did anybody but you had access to those questions? Mr. Noriega: They were submitted to Angela Roberts, my human resources director. Ignacio wwho was on each of the calls and myself, as well as the committee members obviously have. Because we had an e-mail -- basically an e-mail chain that was sharing -- Commissioner Reyes: Would it be possible that somebody had -- got a hold of those questions? I thought the questions were developed while they were in the meeting, not beforehand. Mr. Noriega: No. There were questions that were submitted -- Commissioner Reyes: Were submitted? Mr. Noriega: Were submitted as suggested questions. Each committee members suggested -- proffered between three and five questions. Then during a meeting we had prior -- we had two prior meetings -- one was a prep meeting and the other one was to develop the questions and the course and the basically the schedule for the day. During that meeting, we went through each of the recommended questions, right? And then we chose a specific question for each committee member. Commissioner Reyes: But you said "we." Define "we." Mr. Noriega: Myself and the committee itself. City ofMiami Page 114 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Reyes: Oh the committee itself? Mr. Noriega: Correct. Commissioner Reyes: And that -- those questions were developed and then you kept them before you interview everybody? Mr. Noriega: The only ones that had access to those questions prior were the committee of which we sent them out roughly 5: 00 p.m. the night before. Commissioner Reyes: Okay. Mr. Noriega: And then they were never given to the candidates. And the only thing disseminated to the candidates was that morning was the schedule of the interview. Commissioner Carollo: But what did you say again that our HR director and your chief of staff knew beforehand? Mr. Noriega: Yeah, they were part of those meetings, meetings I had with the committee. Commissioner Carollo: They knew the questions that were going to be asked? Mr. Noriega: Correct. Commissioner Carollo: How long in advance did they know? Mr. Noriega: Would have been -- I think we had that meeting sometime in the morning. Commissioner Carollo: Yesterday? Mr. Noriega: No. No, not yesterday. The day before. Commissioner Carollo: The day before? Mr. Noriega: Correct. Commissioner Carollo: Okay. So, all right. That's clear enough to me what went on there, but since you don't have the names, let's come back to this one once you have those names. Let me go to the others that I have. So, we'll come back to this one. [Later...] Commissioner Carollo: We're back at DI.5 that I was giving the Manager that time to give me the names of the people in the last committee and, you know, their background briefly. Mr. Noriega: First one was Jeanne Baker. Commissioner Carollo: Who? Mr. Noriega: Jeanne Baker. She's with the ACLU (American Civil Liberties Union). City ofMiami Page 115 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Carollo: Jeanne Baker? Mr. Noriega: Yeah. Next one was Eddie Cruz. He's our local -- Commissioner Carollo: ACLU? Mr. Noriega: Yes, sir. Commissioner Carollo: Okay. Mr. Noriega: Next was a Mr. Eddie Cruz. He's a local business owner. Commissioner Carollo: From what district? Mr. Noriega: I don't recall who his recommendation -- may have been District 1. I believe actually. Commissioner Carollo: Is he a bar owner or -- Mr. Noriega: Don't think he's a bar owner, no. Commissioner Carollo: Huh? Mr. Noriega: I don't know what his local business is. I don't recall, but I just know he's a business owner. Commissioner Carollo: Okay. Mr. Noriega: I have his card upstairs. I'll try to find it for you. Commissioner Carollo: Okay. I'm just surprised with neither one of them. I thought we were going to stick to having police chiefs, assistant police chiefs, at least a former major, and special agents in charge of different federal departments, but okay. Mr. Noriega: Next one was Chief Clarence Dickson, retired chief. Commissioner Carollo: Well, he's certainly someone extremely qualified. He was a great police chief. Mr. Noriega: Chief Kenneth Harms. Your -- Commissioner Carollo: Another former police chief of the city that knows the department inside -out. Mr. Noriega: Next one was an attorney, Stephen Johnson. Commissioner Carollo: Stephen? Mr. Noriega: Stephen Johnson, correct. Commissioner Carollo: Johnson? Mr. Noriega: Yeah. Commissioner Carollo: Attorney? City ofMiami Page 116 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Noriega: Attorney. Commissioner Carollo: What kind of law does he practice? Mr. Noriega: I don't know specifically what kind of lawyer practices per se. Commissioner Carollo: Okay. One, two, three, four, five. Mr. Noriega: Pedro Mora. And the last one -- Commissioner Carollo: Pedro Mora must be D1 (District 1). Mr. Noriega: No, D4 (District 4) I believe. Commissioner Carollo: Okay. Okay. Mr. Noriega: And the last one was -- Commissioner Carollo: He's in security, right? Mr. Noriega: Yeah. Last one was Israel Reyes, Izzy Reyes. Commissioner Carollo: Judge? Mr. Noriega: Judge. Commissioner Carollo: And a former -- Mr. Noriega: Police officer. Commissioner Carollo: -- police officer in the city? Mr. Noriega: Yeah. Commissioner Carollo: Was he also made part of this one here? Mr. Noriega: Yes. Commissioner Carollo: Because I thought he was the first -- Mr. Noriega: Yeah. He was in the -- I put him on this committee. Commissioner Carollo: Yeah. He certainly knows many ins and outs of our police department and law enforcement out here. Okay. That's it, right? Mr. Noriega: That's it. Yes, sir. Commissioner Carollo: Okay. So, on the group you had two police chiefs, three in the law enforcement world. Okay. Where we at with this, Mr. Manager? Because I'm going to tell you, I'm extremely concerned. Because we can't be throwing craps on who the next police chief is going to be. We have to find someone that is going to lead this department in some very difficult years ahead. This past year is a difficult year. I'm grateful to Chief Colina that during some very trying times for our country and our city, he stepped up. And while other cities had many more problems, the City of Miami did not. And I know that you were part of that effort also, and I thank you also. But we -- we need to find a professional. We need to find someone that is going to take the banner of leadership and move it forward. And the manager, I City ofMiami Page 117 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 know that by charter is your decision, and I'm not going to tell you anything other than it's your decision. But I hope you make the right decision and pick someone that is going to do what our city needs. That's going to have the respect of not just our residents but of the troops alike when they begin. And that's not going to be afraid to make whatever changes or decisions are required to be made. What are you foreseeing that is going to be the steps that you're going to be making? Because I don't want to be hearing about this from the media calling me up or somebody else or, you know, a quickly put together press conference. I think you have the opportunity to really think this through. You yourself need to interview some of these people one-on-one. Certainly, the local candidates are easier for you, they're here. Some you've been able to have rapport with. I think there were three outside of Miami candidates that -- I don't know how much you were able to speak to them, but it's important that you do. And it's also important that we don't throw anyone into the fire of being a police chief no matter how good, how nice, how popular they are, how much we like them if they're not ready yet. Because we're not going to do our city any good. And we're not going to do that individual any good by doing that. So, going back to you, what is the process, the timetable more or less that you're looking at, at finishing this? Mr. Noriega: So, I notified all the candidates yesterday that after this process which we went through yesterday, I would be reaching out to each of them individually. More than likely interviewing a smaller group in a one-on-one setting, do individual interviews, do a deeper dive. One of the benefits that I got from the committee from yesterday is they were very forthcoming obviously with a lot of additional questions that we never got to as part of the public interview process, as well as the law enforcement group that met before. So, I have leaned on them for additional, you know, questions and just prospective on what types of questions in terms of background, strategy, philosophy, and get a just a sense of where they would take the department in the future. So, I'll do those interviews individually. I'll do that over the next week or so. I've also asked the committee from yesterday to have an -- I'm going to have an individual phone call with each of them. I'm scheduling those as we speak for the early part of next week as well, to just solicit their input one-on-one in terms of what their thoughts were in terms of how the candidates performed yesterday during the interview process. Commissioner Carollo: Okay. Mr. Noriega: Thought is that we'll probably -- if I can get enough time set aside tomorrow, barring the other stuff that's going on -- 1 hope to have a candidate identified and a selection made by the second week in February. Commissioner Carollo: By second week in February? Mr. Noriega: Yes, sir. Commissioner Carollo: Let me say this to you. Even if you've got to go all the way to the end of February or the third week of February, do that because that decision that you ultimately make is going to have a long-lasting effect in our city. And if you make the wrong decision, it's going to have a horrible consequence to our residents and our city. So, I would respectfully suggest that you take whatever time you need. Chief Colina has expressed his desire to work with you, the city. He cares about our city, and he will stay here as long as it takes. So, if you've got to take longer, take whatever time you need until you're absolutely sure in, you know, your final decision. But again, this is my suggestion. You're the manager. You have a right to do whatever you so decide. I'm done with that. City ofMiami Page 118 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 DI.6 DISCUSSION ITEM 8437 A DISCUSSION ITEM REGARDING PARKS. Commissioners and Mayor RESULT: DISCUSSED Vice Chair Russell: Okay. Parks? Commissioner Carollo: Discussion regarding parks. Let me -- Manager, I have a park in my district that is not your typical type park as we know or look at. It's on 17th Avenue and Flagler. It's extremely visible. And I've been getting complaints how broken up it is. And it's horrendous that almost since 1 got here as a Commissioner three years ago. And no matter who I call, or my staff calls, we asked nicely, we're always told that, oh, we're going to take care of it soon. And now we've gone through two parks director, and nothing has been taken care of. That is such a visible corner where so many vehicles go by and it looks so horrible that I really would like to see what we could do to -- or at least someone come to me and give me renderings of what the plan there, what we're going to do to repair it. I'd like to give some input also if it's possible and you allow me. But I really need some action with that, and I've been extremely patient. Arthur Noriega (City Manager): We will. Yes, sir. Commissioner Carollo: At the same time, since we're in parks, I hope, Mr. Manager, that you were serious as you expressed to me that you were going to be and that you expressed to the mayor that you were going to be with certain park land that we met with some people on that we need to get back for our park. Because, you know, you need to get back to me tomorrow or Monday. You've got some very serious matters to take care of, but you need to get back to me next week to know where we're standing, because I was very upfront. I'm moving forward. People could get in, you know, on the trolley or they can be left out. But I'm moving forward, and I really would like your support to get this accomplished. And then we have to go on the other side that's different where you're going to have to take some actions. Maybe you can request Mr. Burns to meet with me, we could go over some things that had been done there before and try to bring it up to date to see where we 're at. Thank you, for that. Number 7. Commissioner Watson: Commissioner? Commissioner Carollo: Yes, sir. Commissioner Watson: Can I just jump in real quick? Commissioner Carollo: Absolutely. Commissioner Watson: Mr. Manager, you're going to come back to me on these organizations -- Mr. Noriega: Uh-huh. Commissioner Watson: -- that -- okay. Thank you very much. I appreciate it. City ofMiami Page 119 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 DI.7 DISCUSSION ITEM 8439 A DISCUSSION ITEM REGARDING ILLEGAL DUMPING. Commissioners and Mayor RESULT: DISCUSSED Commissioner Carollo: Number 7, illegal dumping. I'd like to see just a real quick overall brief view of what my district looks like every week. Franco, if you could go ahead. Here's on 13th Avenue Northwest 2nd Street; 16th and Flagler Terrace; 739 Northwest 3rd Street; 1105 Northwest 1st Street; 88 Southwest 5th Avenue. This is then 1662 Northwest 1st Street. Is this the -- go back to that one, please, if you could. Is this the area that the city truck went in? One of them? This area here, believe it or not. You see how it looks? One of our city trucks came in and picked up a huge pile that was there before and this is what they left behind. Nobody cared about sweeping or anything else. We're supposed to have a sweeper with each of the trucks? Arthur Noriega (City Manager): Yes. Commissioner Carollo: And look how it's left behind. Go ahead. 10 Northwest 18th Avenue, look at that. This is at 13th Avenue, Northwest 3rd Street; 11 One Southwest 18th Avenue. 199 Southwest 20th Avenue; 499 Southwest 14th Avenue; 1922 Southwest 5th Street; 4148 Southwest 5th Street; 1801 Southwest 5th Street; 613 Southwest 4th Street. This is all construction debris. 975 Southwest 2nd Street, more construction debris and stacks of dried-up concrete. I'm not sure what area this is, but you see all this stuff all over the place in these areas here, three different locations. Here we go to another one. I don't know if -- this doesn't have any addresses, but here's three more locations. I'm not sure. Here you go at another location. Another location. Another -- well, the same one as before. Is that the last one? Gianfranco Puppio Perez (Communications Coordinator, District 3): This is the -- Commissioner, this is another one from the pickup of the bulk comes that they going to pick up the truck and they leave the trash behind. This is what they leave after the leave, so -- Commissioner Carollo: This is what our trucks left us? Mr. Puppio Perez: Yeah. Leaving behind the trash. Commissioner Carollo: Here's another example that our pick-up trucks leave stuff behind, and they don't do anything with it. This is just a fraction, a fraction in one week. What we're living day in and day out in my district, and I'm sure many of our other districts have problems, maybe worse, maybe lesser. We had approved, 1 believe on my. urging, 100 new cameras to put up. And I think in my district 26 have been put up. But does that have any effect? And the reason is that apparently, we don't have anybody to be looking at those cameras. And I'm told that only one detective would view it all, citywide. So, I don 't even know how many inspectors we have in Solid Waste to follow that. Commissioner Watson: Commissioner, with your respect and indulgence, I just wanted to put up something. City ofMiami Page 120 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Carollo: Absolutely. Feel free to. Go ahead. What is this here in the--? Is this in your district? Commissioner Watson: Yes, this is in my district. It's a whole block. Commissioner Carollo: This is sideways now. Can we put it back -- Mr. Puppio Perez: My (UNINTELLIGIBLE). Commissioner Carollo: 1 mean, this is unreal. The whole block. Now, guys, this is the City of Miami. This is not back that in Timbuctoo somewhere. Maybe there are people that work in our city that thinks this is normal. I don't -- I'm frankly fed up that we're taking it this lightly. We're not doing something about it to stop it. We're going to roll out a program in my district that's going to be a carrot and a stick. Including -- well, you'll see it when it comes up. We'll have a carrot, but it's going to have a big stick to it. We cannot claim to be a world -class city that we're going to be bringing all this technology and this is what we have in the heart of our city in the vast majority of our neighborhoods. Commissioner Reyes: Commissioner, I agree with you, 100 percent that we have a huge problem. I have been complaining about illegal dumping in my district, and I do understand that although we have cameras, there's nobody watching on the cameras and if they are watching the cameras, you see? They don't know -- we don't have cameras that can pick up the tag of a vehicle or they look at it and I mean, when we go by and it's -- because I took a tour with the director, the solid waste director, and I told him in my district, showing just precisely what you're showing him. Because this is an epidemic, an epidemic. And I blame also lack of education. We have to educate our residents that they are not in a place like Baghdad or whatever they came froni that they do this. And also, we have to be more strict. If I catch you dumping or you dump before the pickup date, dumping before when you have to pick up, or if you're dumping in other place and we find you, we're going to fine you. And yes, that's the only way that they understand, you see? We had a couple of people that they were -- I mean, they were constantly dumping trash and we got one inspector that came by, and I gave them a ticket, they stopped. And that's the only way that they're going to do that. That carrot and stick, that won't work. Because the only way that they are going to -- these people are going to be the only deterrent is to hit them where it hurts the most, is the pocket. Hit them in the pocket. And in order to do that, we also need more inspectors. We need more detectives, you see? Because even if you -- because 1 go through the trash and you can find the addresses of the people boxes with their address and all of that, but we need somebody to follow up on that, you know. We need to -- and I believe that we should ask froni the City Manager that additional funds for additional inspectors and additional detectives. And also, 1 agree with you, but there was a picture that you showed, and that's a lot of complaints that -- and you remember back in the days, Commission -- I mean, that are -- that was the truck came in and they pick up the heavy trash and there were two people, two guys that they would rake with rakes and they clean it, you see? They took everything that was left. They don't do it anymore. We don't have anybody raking. I mean, if that pick up with the trash and whatever is left is left. I mean, it's left there, you see? I mean, I know that the solid waste director has been working very -- I paean, trying to fix this, but from what I heard, he needs additional personnel. If that's what it takes, we should do it. We should get it. Because our streets are a big dump and people take advantage of it. There are areas, you know, that you have that some people come from other areas and they dump there. And then when we place a camera there and we don't catch anybody. I mean, that's what really bothers me. What does it take to catch those people? Must we take out a sting from the police, get a police officer that's going to -- I mean, is going to be -- City ofMiami Page 121 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Carollo: Commissioner, we approved -- Commissioner Reyes: -- I don't know what's going to happen. Commissioner Carollo: -- we approved some 100 cameras. I thought this was going to be the beginning of catching people. And what I'rn finding out is that we don't have the personnel on top of that. Now, I'm told that the detectives assigned to illegal dumping and environmental crimes division in the City of Miami Police Department are one. It's impossible for one detective to handle that. And then on top of that, I don't know who we have, you know, looking at those cameras. 1 mean, what do we accomplish? I'm putting cameras. There's no backup to those cameras. And what stupid me, I wanted to put 100 more for the next fiscal year. So, we have to get a hold of this, and it requires everybody working together, because we could get up in press conference and talk all we want about how great everything is and how much we're going to bring it to Miami, but what you're seeing out there is the real Miami. You know, Brickell a few are other nice areas in downtown, those are small part of the City, of Miami. The real Miami, we're showing it here in these pictures. And the residents in those areas, and the majority are law abiding, need better than that from us. They have the right to live in a cleaned environment. And we're not doing it for them. This dumping here that you're seeing here now, this is obvious that it came from someone inside the district, and they just dumped it there. And we -- you know, it's not only making our streets look horrible for anybody that comes, but it's creating really unsafe conditions, unhealthy conditions for our residents, especially the little kids. And on top of it all, it's costing us a heck of a lot of money when we go pick it up and have to pay the County at the dumpsites for dumping it. So, we would save a lot of money if we put in individuals to be watching those cameras. If we would put more detectives to be on top of that. And last but not least, our patrol officers have to be vigilant. You need supervisors to be on top of them, letting them know that this is a priority for our city. But -- Commissioner Reyes: Look at this, I have that problem too. Apartment buildings. Apartment buildings that they don't provide with a big dumpster where people come dump their heavy trash that they're dumping on the streets. And they shouldn't be doing that. They should be cited right then and there. The owners of those apartments buildings, and have that, you see? You know that, Mr. Director, you see, apartment building, this -- this apartment has all this trash, all this trash you see, all surface and all of that. It comes from those apartments right there. And it shouldn't happen. They don't have right of doing that because they don't -- I mean, they don't pay garbage fees, you see? Then they should provide the tenants with a place to dump those and they dump it on our streets and we have to pick it up as Commissioner Carollo said. It is on our dime. We have to pay for it, you see? So, we have to be more strict with those people. I mean, with the owners. You don't know who dumped it, but the owner is responsible. Find the owner, give them a fine. If you start fining them, they would stop. Commissioner Watson: Mr. Chair, I think we all have that one. I'll direct to the manager. I think we all have this problem. I don't know that it answers one more thing to put on the police department. I think we all need to get -- maybe come back to us, because I also -- I mean, I saw a C&D -- a C&D dumpster on a lot that was there for three months and there was no -- they're doing no construction going on anywhere within five miles of where the dumpster was. I think what's going to be necessary is to find out whether the balance of those 74 cameras are if we need more. Technology does exist. If we need more, that's fine. But most importantly, the environmental guy, I noticed the thing running, it's only -- there's only one of him. So, you can't have a set of eyes on 200 cameras. It doesn't work. If he needs more personnel and up our fines, then maybe that helps pay for some of this, but we City ofMiami Page 122 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 need some more personnel watching these cameras. And so, I guess maybe come back to us that we can all kind of participate, because that has to be an integrated sort of solution rather than just some one person taking it on, which I also want to at least direct the City Attorney take a look at the legislation on these lots abandoned thereof I think the legislation is probably outdated from my perspective. Can you come back to us and give us something, take a look at it and come back to us and tell us how we can make -- strengthen our hand on these vacant lots, please. Thank you. Commissioner Carollo: I want to hear from you briefly. It's late, and I don't want to be keeping everybody here later. Because I think this is an item that we're going to have to bring back. And when we bring it back I might have some quick solutions. And then maybe you all can come up with some additional ones. But before you speak, can we let the director of Solid Waste speak and then I want you to come after. Because you'll probably have to address some of the statements that he'll make. Mario Nunez: Good afternoon, Mr. Commissioners. Mario Nunez, Director of Solid Waste. Photos speak for themselves. Last year, you know, typically on a regular year, we receive about -- or we respond to about 10 to 11,000 special collections like the one you see in there. For the year 2020, we responded to 27,300 illegal dumping locations. So, the situation has more than doubled. I mean, as far as our response level. I mean, the workforce remains the same and being actually impacted negatively by the pandemic as any organization in any community. We respond as much as we can, and we do it in a proactive basis. But you can notice on the pictures, two common denominators: vacant lots and apartment buildings. The illegal dumping reoccurs in highly -- where there's high density, typically associated with multifamily dwellings and vacant lots. We receive thousands of phone calls or e-mails through the 311 system. Mr. Carollo, actually, out of this 27,300, over 4,160 illegal dumping locations were located in your district alone just last year. And we do the best we can. Illegal dumping is definitely a matter, and I think it has worsened in terms of not following the rules. If you remember also last year we also -- the frequency of collision diminished for a few months to weekly to biweekly and we learned some lessons in there that it did not work as we expected, compounded with the fact that more people are throwing things at any time as they wish, as Commissioner Reyes mentioned. Some of these illegal dumping comes from outside Miami -Dade County. Definitely, we have evidence of that, it's very typical. A lot of illegal dumping happens in the -- during the night hours. And you will expect it will be a Friday or Saturday as well. 1t can be on a Tuesday night and Wednesday night more than on a Saturday nights between the hours of 1:00 and 5:00 a.m. So, we see a lot of construction and demolition, but it's small projects, roofing, fences, and things like that. Construction and demolition occurring, being thrown by -- not necessarily by residents, but actually by people engaged in those kind of business. We do the best we can with our code enforcement workforce. We work in conjunction with a code compliance office and with the police department. We have 105 functional cameras. Commissioner Carollo: How many? Mr. Nunez: Three years ago -- 105. Three years ago we only had five cameras working. You approved funds to purchase 50 cameras, which we did and we allocated each of the cameras evenly, but we have a total of 105. Can we do better? Absolutely. In digital electronic surveillance, obviously, that is a game changer for the city. We did identify 203 violations from October, November, December last year, and we responded immediately to those. I understand that there were three arrests associated with electronic surveillance over the last three months where police basically responded to issues like that. And I also, working in conjunction with police, you know, their software has arrived, and it has been integrated, so we City ofMiami Page 123 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 don't have human eyes, in other words, inspectors which -- our inspector watching the cameras. We're in the process of going from 30 cameras to 105 cameras to have the software identify real-time when somebody's dumping a sofa or a couch compared to having a human eye cannot rewind the tape trying to find who did it. And obviously, there's some opportunities that we have and the challenges that we have a head, and I'm ready to undertake those, so we don 't see those photos that you just displayed on the screen. Commissioner Carollo: How many Code Enforcement inspectors -- well, let me rephrase it. How many solid waste inspectors do you have? Mr. Nunez: Eight. Commissioner Carollo: City-wide? Mr. Nunez: City-wide? Yes. Commissioner Carollo: That's nowhere near enough. Nowhere near enough with what we're seeing. And this is only one district and part of it, not all of it, in one week. So, that's an area that we're going to have to improve in hiring more solid waste inspectors. Mr. Nunez: We're in the process of hiring four right now. Interview are scheduled for next month. But I see what you're saying, yeah. Commissioner Reyes: Can you assign it to different -- can you assign them to a particular districts? For example, districts that they are -- so for the most, I will say that District 5, District 3, and District 2, my district, assign them to be going around. I mean, particularly in that district. Can you assign some of them? Mr. Nunez: We basically -- we have an -- have a chief inspector -- Commissioner Reyes: Yes. Mr. Nunez: I mean, we have the areas well-defined, Chief Timmons (phonetic). Commissioner Reyes: Yes. I know, I know. And he does a hell of a good job, you see, because 1 -- Mr. Nunez: My assistant director who is in charge of basically monitoring, you know, the -- the cameras along with the virtual policing unit. Because we are watching the cameras. As you wish, back in September, we want inspectors to look at the camera -- we're looking at the cameras and we are communicating internally now to report illegal dumping as we watch it on the screen. So, we are picking up kind of -- the response level has increased to better levels. But what you see on the screen, you cannot deny what you see. Again, I mean, there's something very important about ownership, you know, the community ownership. You value my community. and I value my community. Obviously illegal dumping diminished that perception that my community's clean, it's beautiful, and I enjoy living in there. The educational -- the environmental education has been reduced unfortunately given the fact that the pandemic -- we used to visit schools. We used to actually work with about 20 to 23,000 schools and fam -- kids and families every year. Last year, unfortunately, that has been reduced to a level that we need to resort to other means that are less effective. We believe that a face-to-face contact is more valuable than social media or doing extensive mailings, even though we do. But this is a forefront approach. It's environmental education, it's collections, it's code enforcement, and it's law enforcement. Those four pillars are the basis by which we can change what City ofMiami Page 124 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 we currently experience. And we hope, you know, that for the year 2021 that we can improve those areas. None -- not only the other areas that are the ones that I'm responsible for, which is collections, in having a level of excellence. It is critical to me, so I do appreciate those photos where -- Commissioner Carollo: You did see the ones that -- after some ofyour trucks picked up the trash, how they left the location? Can you go back to one of those? There you go, go back one. Right here is an example. Mr. Nunez: That's wrong garbage from what I can see. So, that's sanitary nuisance that needs immediate attention. Commissioner Carollo: Yeah. Whatever trash was there. They came in bulk and took it out and that was left behind. Nobody used their brooms to by to put it together like they used or; you know, are supposed to. That's why we have someone with a broom in each group, so it can be picked up. And it's just left like that. Commissioner Reyes: Commissioner -- Commissioner Carollo: It was our people that had to come back and take care of that, people from my office. Commissioner Reyes: Commissioner, how we used to do. Because now we don't have anybody with a broom most of the times, because I have seen in my district that there is only -- only the -- the driver with a -- with a -- Mr. Nunez: We call them sweepers, the people that go with a crane, you know, they sweep in -- Commissioner Carollo: You do have sweepers still, correct? Mr. Nunez: Yeah. Manual sweeping. Commissioner Carollo: Manual. But you do have manual sweepers though, right? Mr. Nunez: Yes. We have laborers that do that. As I mentioned to you, and there's most excuse whatsoever; you know, we have been impacted on a regular basis on -- on people being quarantined and that is an issue that we have to face. Like Police and Fire, we had been in the business since the beginning of the pandemic every day. And we are being exposed to different levels. But yes, those are the people who sweep by hand -- not by hand but with a rake and a broom to clean that up because they -- a crane, a clamshell cannot safely pick that up without damaging the curb or the tree for that matter. Commissioner Carollo: I understand that, and I agree with you, but that's why we have sweepers so they can put it all together and then they come and take it. And it's just all over the place like that it's -- you know, there should be -- I don't know how you work it, a crew captain that needs to make sure that stuff are not going to be left like this after they're done. Commissioner Reyes: Yeah. Mr. Nunez: I agree. Commissioner Carollo: All right. I'll tell you, if we got people that have no pride in their work and don't care on how they perform their jobs, then you shouldn't keep City ofMiami Page 125 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 them working for the city. And this is what I'm seeing in a picture like this. Somebody doesn't care. Important, yeah? Commissioner Reyes: That's precisely what I told him once. And it's, well, you know, people. If you don't want to work, you're making a good salary. You're working, you have a job that has all the benefits. And now you don't want to do what you supposed to do, what? Write them up and fire them. And then let it come to Civil Service whatever. Because, I mean, I'm sick and tired, and I'm going to tell you this, that we have excellent people working on the team, but we also have people that they don't want to work. And if you don't want to work, then go someplace else and find a job, you see? There are other people that really work hard, and these people are making them look bad, you see? Commissioner Carollo: Could you try to put a plan together, Mario, to come back to us with -- to see what we could do to better improve the situation that we have? This is really a priority for the city. And, you know, this goes hand -in -hand with the problem that we have with the homeless in the streets. And just like the homeless, the situation that we have, we can't keep going to the same old solutions that have not worked to resolve the dumping problems in our streets. So, if you'd come back and do that, I'd be grateful. Commissioner Reyes: Can I answer to that -- Commissioner Carollo: Sure. Commissioner Reyes: -- Commissioner? How many inspectors do you need? Vice Chair Russell: Microphone, please. Commissioner Reyes: How many inspectors you need, you see? How many detectives do you need? What -- I mean, I don't know, maybe we don't have the funds for every -- I mean, as many as you ask. But we have to take into consideration that this is -- this is a health hazard for our city. And then besides that, it looks horrible. And we have to solve this problem one way or the other. And I think that we have to incorporate the help of our police department, of our patrolmen. You see, if you watch somebody dumping, stop them and say, what are you doing here? Or cite them. You should be on the lookout. See? We need to work together. I mean, we are all in the same boat. This is the city and we are all city employees, and that's the way it should be. We'd have to help each other. Commissioner Carollo: Okay. Chief Papier; can you give us your input in what you've seen here today in these pictures? Ronald Papier: Yes, Commissioner. Ron Papier, deputy chief of police. First of all, when we see this every day and we absolutely feel the frustration of the Commission and of the residents. As the director said, the last three months of last year we had 205 incidents of illegal dumping. I'm happy to say that we have some good solutions already in place. As a matter of fact, just this week, we are installing the video analytics. Basically, what this is, and this is actually a technology that was actually developed to detect terrorism, but we're going to incorporate it into our illegal dumping areas. So, we do have over 104, 105 five solid waste feeds. We have over 400 feeds that are coming into our real-time crime center. So, you're absolutely correct. We cannot sit there and monitor every single feed. However, with these video analytics, basically in a nutshell, what it does is, you draw a perimeter around the area that we know illegal dumping occurs. If somebody gets introduced into that area for more than ten seconds, it sends out an alert. So now, if we're not looking at that camera, the real-time crime center officer could immediately look at that City ofMiami Page 126 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 camera and dispatch an officer into the location. If there isn't an officer available and we don't get dispatched there in time, at least we'll have the information to immediately follow up on the crime, and then more importantly, we'll be able to let the director know and his people know that illegal dumping just occurred, and we'll be able to pick it up. Now, what that does is, you don't create that -- you know, someone throws a chair and then someone comes and puts four tables, and someone throws more trash because we'll be aware of it immediately. Additionally, we have added -- and it'll start next month, next week basically -- a second detective to work in our Environmental Crimes Unit. So, at least we'll be able to add another person. It's not enough, but we'll have another person in there assisting in investigating the crimes. But the most important thing is that we're starting this week, we have the 10 cameras set up, eventually will have 30 set up with these video analytics. So, essentially, were adding 30 more eyes looking at these cameras. So, I'm confident that hopefully we'll see in the next few months, and we'll report back to you that this is going to make a difference, and we'll be able to kind of get on top of this in real time as the dumping is occurring. Commissioner Reyes: Can I ask a question, and this goes to the City Attorney. Madam City Attorney', I've heard, and I don't know if it is true, that there is an ordinance that we can even impound the vehicle that is -- was -- I mean, which all this illegal dumping was carrying. Let's say that we catch or the police catch somebody illegally, dumping on a street, that we can cite them and impound that automobile or the pickup truck or whatever; is that true? Victoria Mendez (City Attorney): I believe that's pursuant to statute, but I am not familiar with it. Barnaby Min (Deputy City Attorney): It's a criminal statute and depending on the amount. I think it's based on the value and whether it's a misdemeanor or felony. Chief Papier: I think he's returning -- referring to the vehicle impoundment program. It is for narcotics, prostitution, and illegal dumping. Mr. Min: I'm sorry. I mean, I'll defer to the chief. Chief Papier: The vehicle impoundment program. He was referring to the vehicle impoundment program that we used to have that if it was for either prostitution, narcotics, or illegal dumping, that the vehicle can be ceased and fined. 1 don't know if that program is still -- Mr. Min: We'll look at that because I think there may have been some legal challenges to that in other jurisdictions. Vice Chair Russell: Right. Mr. Min: Vehicle impoundment statutes, so -- Commissioner Reyes: So, what do we have to have -- we have to have strict laws. Mr. Min: I'm sorry? Commissioner Reyes: We have to have laws that are very strict, you see? Strict -- very strict laws. And that let people know that Miami and City of Miami is not a big dumping ground. Mr. Min: Yes, sir. We're happy to work with the police department wherever we can. City ofMiami Page 127 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Reyes: 1 mean, maybe we should go that route and maybe we can pass an ordinance so that we can really punish those people that are doing it. I mean, be more strict, you see? There must he consequences for doing what they're doing, and real bad consequences when they're caught. Mr. Min: Again, as we're saying, that there are the options which is why I believe the chief is up at the podium for us to proceed criminally. But again, the challenge of whether it's a misdemeanor or felony issues or whether it occurs in the police officer's presence. Those are the challenges that we do have to deal with. Commissioner Reyes: Okay. Commissioner Carollo: All right. Thank you both. We are done with illegal dumping, I think. DI.8 DISCUSSION ITEM 8440 A DISCUSSION ITEM REGARDING THE GIFT CARD PROGRAM. Commissioners and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: Item DL8 was deferred to the February 11, 2021, City Commission Meeting. Commissioner Carollo: That's the last one that we had before we went into the discussion on the item regarding the gift card program. Let's defer this for next week. Defer this for next week. And if -- 1'd like to go back to the police -- Vice Chair Russell.: Just a moment. Motion to defer DL 7 to February llth? Commissioner Carollo: Yes. Vice Chair Russell: Seconded by Commissioner Reyes. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Mr. Hannon: And Chair, for the record, that's DI.8. Vice Chair Russell.• I believe DI.8 -- oh, gift card program. I'm sorry, DI.8. Thank you for the correction. END OF DISCUSSION ITEMS City ofMiami Page 128 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 8166 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 1, SECTION 1.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TITLED "DEFINITIONS/DEFINITIONS OF BUILDING FUNCTION: USES" AND SECTION 1.2 OF THE MIAMI 21 CODE, TITLED "DEFINITIONS//DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.4 OF THE MIAMI 21 CODE, TITLED "GENERAL TO ZONES/DENSITY AND INTENSITY CALCULATIONS"; ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES" AND TABLE 4, TITLED "STANDARD AND TABLES/DENSITY, INTENSITY AND PARKING"; ARTICLE 6, TABLE 13 OF THE MIAMI 21 CODE, TITLED "SUPPLEMENTAL REGULATIONS"; AND ARTICLE 7, SECTION 7.2, TITLED "PROCEDURES AND NONCONFORMITIES/NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS", TO ALLOW AND ESTABLISH DEFINITIONS AND REGULATIONS FOR CO -LIVING RESIDENTIAL USES AND TO MODIFY THE REGULATIONS FOR MICRO DWELLING UNITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.1 was continued to the February 25, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.1, please see "Order of the Day." City ofMiami Page 129 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 PZ.2 ORDINANCE First Reading 6530 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-24-A-O," URBAN CORE TRANSECT- OPEN, TO "T6-24-B-O," URBAN CORE -OPEN TRANSECT ZONE, FOR APPROXIMATELY 35.7 ACRES GENERALLY LOCATED AT 15, 23, 27, 35, 41, AND 79 NORTHEAST 17 TERRACE; 1300, 1301, 1317, 1306, 1330, 1334, 1348, 1350, 1353, 1367, 1368, 1401, 1501, 1511, 1527, 1635, 1729, 1765, 1755, AND 1749 NORTH MIAMI AVENUE; 31, 38, 42, 48, 52, 64, 108, AND 128 NORTHEAST 17 STREET; 1301, 1304, 1312, 1315, 1326, 1334, 1344, 1350, 1415, 1421, 1425, 1433, 1442, 1445, 1502, 1512, 1518, 1524, 1529, 1536, 1540, 1552, 1635, 1650, 1643, 1748, AND 1749 NORTHEAST MIAMI COURT; 21, 45, AND 140 NORTHEAST 16 STREET; 1304, 1310, 1311, 1325, 1326, 1361, 1400, 1422, 1442, 1452, 1502, 1512, 1516, 1532, 1542, 1598, 1600, AND 1629 NORTHEAST 1 AVENUE; 1302, 1324, 1370, 1600, 1622, 1644, AND 1652 NORTHEAST 2 AVENUE; 1410, 1420, 1424, 1425, 1432, 1433, 1441, 1442, 1452, 1515, 1525, 1531, 1537, 1545, 1550, 1553, 1602, 1610, 1616, 1624, 1632, AND 1642 NORTHEAST MIAMI PLACE; 18, 50, 75, AND 84 NORTHEAST 15 STREET; 30, 47, 55, 65, 73, AND 124 NORTHEAST 14 STREET; 14, 18, AND 59 NORTHWEST 14 STREET; 17 AND 33 NORTHWEST 13 STREET; 1311, 1331, 1341, 1351, AND 1361 NORTHWEST MIAMI COURT; 1305, 1315, 1330, 1346, 1367, 1610, AND 1655 NORTHEAST 1 COURT; AND 125 NORTHEAST 13 STREET, 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: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.2 was deferred to the February 11, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.2, please see "Order of the Day." City ofMiami Page 130 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 PZ.3 ORDINANCE First Reading 4541 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 §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.38± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item PZ.3, please see "Order of the Day." PZ.4 ORDINANCE First Reading 4545 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R," URBAN CENTER -RESTRICTED, TO "T6-8-O," URBAN CORE —OPEN, FOR APPROXIMATELY 1.389 ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; APPROVING AND ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item PZ.4, please see "Order of the Day." City ofMiami Page 131 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 PZ.5 ORDINANCE First Reading 8362 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 "PUBLIC PARKS AND RECREATION" TO "RESTRICTED COMMERCIAL" OF THE 5.38 ± ACRES DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 1111 PARROT JUNGLE TRAIL, 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: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item PZ.5, please see "Order of the Day" and "Public Comment for All Item(s)." Vice Chair Russell: I'd like to move to PZ.5, 6, and 7, the Jungle Island land use, special area plan and development agreement, please. Commissioner Carollo: Mr. Chairman? Vice Chair Russell: Yes, sir. Commissioner Carollo: For the sake of not being here late into the meeting, we went ahead and deferred 8 and 9 already. I think it be wiser if we defer these three and have everything come back as one altogether. Vice Chair Russell: My goal on this if it pleases the Commission, because of the deferral on 8 and 9, which I fully respect from Commissioner Reyes, is that if we get first reading done for 5, 6, and 7 today, it would come backfor a second reading on February 25th and we can still say no then. But at February 11 th, we'll do first reading on PZ.8 and 9, and then it could come for a second reading on February 25th as well, so we can finish the entire thing if we agree -- if there's consensus -- on February, 25th. So, it's a little bit of timing. The applicants are here, and the neighbors are all watching, trust me. They're all waiting and watching today to see what happens. I would appreciate if we could at least see this through on first reading or hear any issues. Commissioner Carollo: And the -- I do have one issue. I understand that we're owed a substantial amount of money by Jungle Island, and I'm just wanting to know from the administration if that is correct. And how much amount is owed. That's why I prefer in a big way if we would bring it all back together so that a lot of this that I haven't had the time to speak to the Administration, to truly speak to the representatives of Jungle Island. You know, we can do it in a way that is more amicable instead of up here like this. But -- City ofMiami Page 132 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: Are you familiar with the financial accounts with Jungle Island, Mr. Director? All right. Who --? Commissioner Carollo has a very specific question which is very pertinent to moving forward. Commissioner Carollo: Yes. Vice Chair Russell: Are there finances owed to the City that are currently delinquent and if so, what is the reason? Fernando Casamayor (Assistant City Manager/Chief Financial Officer): Right. DREAM (Department of Real Estate and Asset Management) could address that. Mark Burns: Good afternoon. Mark Burns, lease manager with Department of Real Estate and Asset Management. Approximate numbers, as far as -- what was the question if you could -- Vice Chair Russell: Do they owe us money? Mr. Burns: They owe us -- there's many different parts that they owe, yes. But we have an outstanding loan amount with the city's portion of about $13,000,822. A deferred rent amount of $853,000, and outstanding rent approximately $920,000. Vice Chair Russell: Has that been contemplated in this new development agreement to -- obviously, the business model that was in place was a failing business model originally. There was a time when it was a successful business model. But in where we are today, they're bringing a new concept that they believe will be profitable. It's taken us now, what, four years to get to here. Is their delinquency due to that change of model plus hurricanes plus COVID, et cetera, and this development agreement addresses that, contemplates that, and gets us our money back, or do we need to take care of those debts prior to moving forward? Mr. Burns: They need to be taken care of whether they get taken care of before or after, they need to be taken care of. They're not in the -- Vice Chair Russell: Right. But are they even capable of taking care of the debt without moving forward financially with the new business model, which is the adventure eco park, the hotel, et cetera? Mr. Burns: That would be a question for them I would think. Vice Chair Russell: Got it. So, you are correct, Commissioner, there are significant outstanding debts. Commissioner Carollo: But, -- Vice Chair Russell: Mr. -- Commissioner Carollo: -- I actually would prefer, instead of getting into all this, if we could here today -- if we could have a little more time so I could better understand some of this from the Administration side, from them -- Victoria Mendez (City Attorney): Commissioner, -- Commissioner Carollo: -- to see -- Ms. Mendez: -- can you get closer to the microphone? I'm sorry. City ofMiami Page 133 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Carollo: 1 would respectfully request. Again, if we can defer this so that -- it's a lot of money that you, just told us about and it's from three different pots. So, 1 really need to sit down, go over very carefully what you've given me, be able to speak to you and others in our Administration about it. I need to speak to their main person. Not lobbyists, not, you know, attorneys and the people that are going to be responsible, so that 1 know exactly where we're going with this. And this is going to be more time-consuming, really, than what I'd like to be here today for. And it's one opinion up here anyway. It's a lot of money. Vice Chair Russell: Right. So, you would not be open to a first reading vote and working on that first -- Commissioner Carollo: I would not in this one because of everything that you just heard. Vice Chair Russell: Understood. Understood. Commissioner Carollo: And frankly, that's something that, again, we should have had some time ago to know everything involved. I didn't hear about all this until early this morning as a matter of fact. Vice Chair Russell: It's obviously in my district, I've been working on it for several years, so I am -- but I would understand that you haven 't gotten up to speed on it yet. Commissioner Diaz de la Portilla? Commissioner Diaz de la Portilla: I have heard about it and in fact, I asked a question -- I've been hearing about it for a long time. When I met with the Jungle Island representatives back then, I think it was $11 million. It's grown because of the rent abatement and everything else that happened. And I'm fully aware of the issue. I was informed by staff yesterday and by the lobbyist representatives that one thing is not related to the other, that at the end of the day, they're going to be related because we're not going to give them anything unless they pay the money, period. But the process of going through first reading for item 5, 6, 7, and 8 or 5, 6, and 7 is a way to kind of move the needle forward and we believe that this agenda and this item should become a reality down the line as long as they comply with all the obligations, obviously, that they have with the City of Miami. Now, if Commissioner Carollo thinks to defer it, you know, I'll respect that. But I don't see a reason why we should just not move forward on this particular part of it, cognizant of the fact that this conversation has to be had before anything is finalized. Because 1 will never go for anything unless there's a formula. I think they've already made some payments to -- some initial payments. The paid 15 mil -- 15.7 or 8 or whatever it is. They've already begun the payment process, nothing can be given to them in my opinion, with anyone, unless they pay us the money. Because that's a lot of money. But the process, the procedural, you know, steps that we have to take to get there and help us move a little forward today, keeping in mind it's only .first reading, that we still had second reading to come, and then we still have the other items, the no net loss policy issues and two other items that we'll be first reading by the time we get to the second meeting on this one. But I do agree with the Chairman that if we can move forward, I prefer to do that. That's my preference, but I respect the will of the Commission. Vice Chair Russell: Where are the rest of the Commissioners? Mr. Watson? Commissioner Diaz de la Portilla: Only you left. Vice Chair Russell: It is your island after all. Watson Island. When did we name that after- you? City ofMiami Page 134 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Watson: Before we he talking about anything. Listen, if we have an opportunity to move this through the process and discuss what needs to happen, then I would favor doing that. This is your place, your district. However, it affects the entire city and our finances. That's what we're doing without exceeding our position, then hopefully, it's incumbent upon them to make sure they get us very informed as we go forward in those stages unilaterally put out before anything else happens. Vice Chair Russell: So, you would be open to discussing this today and possibly a first reading vote if -- Commissioner Watson: Well, two items need to be correct now. Two items had been deferred. Vice Chair Russell: Yes. Commissioner Watson: 8 and 9. Vice Chair Russell.. Yes. The no net loss part. Commissioner Watson: Right. The other three we 're listening to on first reading. Vice Chair Russell: Today. Commissioner Watson: We're asking -- Vice Chair Russell: Carollo is requesting a deferral -- Commissioner Watson: Is there a timing issue at all? Vice Chair Russell: I'm sorry? Commissioner Watson: Is there a timing issue with respect to this? Vice Chair Russell: So, yes. The goal, that way we would be able to get to second reading by February 25th. Otherwise, it'll delay the entire process another month entirely because we'll get to first reading and then the second reading will cane. Commissioner Watson: But I mean, is there some sort of timing issue as it relates to getting to first or second? Vice Chair Russell: So, I'm going to recognize in a moment, the representative of Jungle Island. It's not my time urgency. 1 can give you a very, very brief history of the first -- this came to us when they first purchased the property and they wanted to change the business model, they came to us. And when they were contemplating a hotel, I advised them they needed to go to the voters. And the first year they tried to get on the ballot to go to the voters, we did not let it get to the ballot because there wasn't enough neighborhood engagement with One Thousand Venetian and some of the neighbors you heard from today. The entire next year they spent working with those neighbors. And by the next year, we had enough engagement and consensus to go to the ballot for the whole city and they were successful at the ballot. And since then, the Hurricane Irma hit. It really did a lot of damage -- well, that was just before the ballot actually -- but that damaged their ability to generate income through that period. But they've been working on a development agreement since then, which now comes to a zoning situation for them to be able to do the hotel at all. So, the urgency is that this is actually our asset, not theirs, and is lack of performance is our loss as well. And so, we want to see them successful. This is not City ofMiami Page 135 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 just like an outside developer coming to do a project on their own. We want this to be successful. And I'm confident that we have kept the neighbors at the table throughout this entire process and we'll do so even between now and second reading if there's changes that need to be made to ensure their quality of life. But I am comfortable moving forward but will listen to the applicant with regard to their time urgencies, because I'm sure from a financial perspective, there are some. So, I'm comfortable moving forward today on first reading knowing that we have no commitment for second reading. And I do believe that regardless of first Commission reading votes, there's -- there is no momentum that cannot be stopped if this is not right for the city, or we haven't thought of something. But I'm comfortable today to see where we are, and I'm comfortable respecting Commissioner Reyes on the deferral of the no net loss, because we have time to contemplate that before we get to second reading. So, I'd like to -- I'd like to recognize Spencer Crowley who is representing Jungle Island. And if you could address a couple of questions. Spencer Crowley: Thank you, Mr. Chair. Vice Chair Russell: Thank you. Mr. Crowley: Spencer Crowley, 98 Southeast 7th Street, Miami, Florida. Commissioner Watson, yes, there is a time issue. We have a lease with the City, and we're required to obtain building permits for the project by a certain deadline. And so that's what we're working towards in terms of timing. Regarding the outstanding payments, just a clarification. The number that Mr. Burns mentioned is a gross number that's due by 2030. That's not all in default at this point. Last year, we actually came to the city finance committee and proposed to advance all of those payments and make those payments in one lump sum last year. When the city finance committee approved that as a recommendation to Commission, and while the item was pending Commission, the pandemic hit. So, all of the revenues from Jungle Island have evaporated and it was no longer possible to make that one lump sum payment. So, during the pandemic at some point last summer, Jungle Island came to the city and said, look, we'd like to work out a deal. Which is to pay a portion of the outstanding debt, about $8 million upfront. And then the remainder of the $5 million, pay it over three years. That was a proposal that we made to the city and it's still -- it's still pending feedback from the city. So, we understand what's out there. We know that has to be done. We're ready to get -- strike a deal with the city on that. And certainly, the City Commission will have plenty of opportunities to make sure that that is done prior to getting a building permit or even prior to the second reading. And one last point I'll make, Mr. Chair. The restructuring of that debt is something that is really contingent upon us being able to move forward with the entitlements so that the financing that we're trying to secure is -- has some level of certainty that this project is proceeding. So, the financial restructuring of the debt is in some respects contingent upon us getting these approvals. So, of course, we would respect the will of the body, but we're here. I have a 15-minute presentation. Vice Chair Russell: Let's hold on that. Mr. Crowley: Sure, of course. We're ready, if it's the will of the board. Vice Chair Russell: Mr. Burns, the original question to you is, what are they delinquent at this point. Now, what was explained to us just now is, under the original agreement, they would not be delinquent on this vast amount for another nine years. But they came back and proposed a different arrangement to front load it, which is agreed to, which they now cannot do. So, is it exactly accurate what you said that they're delinquent on? City ofMiami Page 136 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Burns: So, the way that the agreement works is that there's -- there's two parts. They can either pay the entire sum, interest free, which is around $13 million, which date has passed. Or they can -- if don't pay it by a certain date, which 1 believe was January of 2020, it's a -- over a ten-year period, it's a monthly, amount that they have to pay. So, I would have to do the calculations, but what he said is correct. But so technically, they haven't paid the full lump sum, so technically, additional interest would be owed on top of what it is. So, the full amount, correct, is not technically due today, but I think the game plan for them is to pay it all in one lump sum like has been discussed. Vice Chair Russell: But is that payment contingent on the financing that you need, which would be only available once you get this zoning? Mr. Crowley: Yes. Vice Chair Russell: Right. So, it's a bit of a chicken or egg situation here. Right now, in that case -- Commissioner Carollo: That's always been the case that the payment was going to be contingent to them being able to go forward with this, isn't it? The numbers were not going to work. Vice Chair Russell: Right. Commissioner Carollo: So, you know, I'm not questioning that. Vice Chair Russell: Right. Commissioner Carollo: I'm questioning really what is owed. And then you got two smaller numbers that, you know, I know they're smaller, so we tend to forget the smaller things. But those more critical to make as the bigger number they were carrying from before. The deal was then with the, you know, old firm that was there. Am I correct in that? The big number that we've been talking about here. Mr. Crowley: The 13 million? Commissioner Carollo: Yeah. That's what you've been carrying from when you bought out Jungle Island. Mr. Crowley: Correct. Right. Commissioner Carollo: So, well, he's got -- Elie Mimoun: Permission to speak. Elie for ESJ. When we purchased the property, we owed over -- it was owing about 20. In the three -and -a -half -years that we had it, even with two years that were closed, we paid down all of the HUD (United States Department of Housing and Urban Development) loan, which is about 6 million. So, we are making payments -- Commissioner Carollo: Right. Mr. Mimoun: -- very, advanced payment, and this last leg of 13 million, as Mark Burns and Spencer explained, is not owed. What is owed is may be a million -and -a - half or this year it'll be 2 million. Commissioner Carollo: True. True. And that's understood. The -- the only point that I'm making is, those 13 million were from before. When you bought it, you were carrying that? City ofMiami Page 137 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Mimoun: Yes, sir. We carried that. Yes. Commissioner Carollo: Just thought I'd make it so -- Mr. Mimoun: Correct. Commissioner Carollo: Part that, you know, and that I've always understood. Because actually back in 2017, I think that was explained to me well at the time, and by the way, Irma happened in '17. So, none of this got nothing to do with Irma, but the other two lower numbers, while they, you know, don't hit you in the eyes as big as the 13 million number that you threw, which I think you're both in agreement. What they owe is not that whole number, it's less. The other two numbers, if we go over them again and explain what it is that they owe that for? Mr. Burns: Certainly'. So, one of the numbers is around $800 -- $800,000. Commissioner Carollo: Is that correct? Mr. Crowley: Uh-huh. Yes, sir. Mr. Burns: It's deferred rent from -- again, from the previous owner, when Bern Levine owned the property. So, was those -- Commissioner Carollo: Okay. Coming back, deferred rent from before? Mr. Burns: It's deferred rent from before that they are obligated to pay per the agreement. Commissioner Carollo: Had they paid it down at all during this time or not? Mr. Burns: That, no, they have not. Commissioner Carollo: Okay. And then you said there was a third number. Mr. Burns: The third one is just the rent for Jungle Island during the pandemic and the hurricane. Commissioner Watson: And this what? Commissioner Carollo: During the pandemic. Commissioner Watson: And that's how much? Commissioner Carollo: You didn't say hurricane? Mr. Burns: Hurricane also, yeah. But it's been for a while. It's longer than the pandemic. Commissioner Carollo: Yeah. But the hurricane -- Bern still owned the place when the hurricane -- Mr. Mimoun: We purchased the property in April '17, Hurricane Irma hit September '17. Commissioner Carollo: Okay. Yes. So, that was during the hurricane and then during that time, how much was owed during that time, just separate it from the pandemic? City ofMiami Page 138 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Burns: I don't -- I just have the total number. It's about $920, 000 total. Commissioner Carollo: Combined? That's the biggest concern to me. That number -- because none of that was from before that you were carrying. Those are new numbers that fall -- right on you after you bought it. And that's what the number I was to zero in on? More. The other? I want to get down to the nitty-gritty, what is owed from that 13 million, which is not 13 million and you're both in agreement and see how much of that is delayed. Is there any interest involved? And do -- how much interest do we charge when they're late? Because we really need to negotiate this as businesspeople, 1 respect that they're doing it as business people, but so do we have to do with that fashion. And this hole that I'm trying to get to the bottom of you know, this kind of stuff normally shouldn't be done up here. We should have all the numbers, be able to get with staff. Get to the bottom line of everything. And then, you know, give you the opportunity if you wanted to speak to us. But because this is about dollars and cents, it's not about, you know, if the neighbors want them or not or their concern and what they're going to put them out. This is totally different. The difference in this particular project is that it was approved in a referendum already. So, I know that no matter what would go there, the neighbors are going to be upset. And I don't blame them, you know, if they think that anything's going to obstruct your view, that beautiful view from Venetian Island of Downtown Miami, you know, I'd scream too. But this is not the issue here. This got approved already through a referendum, so that issue, you know, left the bus terminal already. What I'm talking about is strictly business terms of monies that are owed and, you know, I'd really like to go through all of it and find out why we're here today in this. I mean, supposedly we were going to pass over that whole history. You know, but a good person that founded this that had great ideas, great vision, but his vision didn't work like the way he wanted, and he didn't have the pockets to keep it up. I thought by them corning on board, this was going to pass. And I'm seeing that we're still in the same hole in that we're owed monies. And I'm not sure how much of it at all are monies that are truly owed today? I don't know how much of that 13 million is owed, and then out of what is owed, how much is interest that we put on top of it. And the other 900, I think you said or so, 900 plus? Mr. Burns: Yes, sir. Commissioner Carollo: I need more information on that. And the fact that there's another big nut there that was deferred conversation from Bern during that time there at Jungle Island, but it's still out there and hasn't been paid, but well, at least it's not new debt that has been created since they took over. And they owe us. So, -- Vice Chair Russell: I understand and agree with you, Commissioner, and I -- we always can count on you to make sure the city is getting the best financial deal, no matter what process it's gone through up to now. You always watch the numbers. Commissioner Reyes, you have a comment? Commissioner Reyes: Yes. Yes, I have. From what I heard, you took over that debt of $13 million when you bought it, right? Mr. Mimoun: Yes, sir. Commissioner Reyes: I mean, you carried that. Okay. But since you got it, you haven't pay a penny to the City of Miami? Mr. Mimoun: That's not correct. We paid down over $6 million of loans when we took over. Commissioner Reyes: Okay. So, now you owe the City of Miami $800, 000? City ofMiami Page 139 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Mimoun: I'm sorry, sir? Commissioner Reyes: No, it's more. How much, 900,000? Mr. Burns: The rent is 900, 000. Commissioner Reyes: That's a new debt. I do understand that -- that debt that you carried, butt mean, we have to act like businesspeople, right? Mr. Mimoun: Yes, sir. Commissioner Reyes: Could you between the first reading and the second reading, start making payments, or can you arrange with the City Manager how fast can you get rid of this debt? Mr. Mimoun: As Spencer explained before, because of what happened in the last year, and it's okay that Mark's quoting $900, 000 or whatever the number is, we were mandated to close for now ten months that has carrying costs that we're still paying. So, maybe we pay the city per se, those monies and we can argue if fI have to pay the full nine or only six or five because we were mandated to close, which is not on discussion now. But the clarification I wanted to make too is, if we don't get this passed on time, this referendum, and the way the agreement is read, we might actually lose it totally, and then there will be no money to pay. Commissioner Reyes: Okay. Mr. Mimoun: But we're working with the manager and DREAM for the past nine months on actually advancing the payment, because it is up to me to pay the ten years, and we came and said no, we want to pay much faster. But we're trying to help the city help us basically by doing so. So, we're the ones who came and said no, we want to pay it not in ten years, we want to pay it much faster. Which helps both of us. Commissioner Reyes: Is -- Mr. Mimoun: Right now, we're in a position that we cannot tap into our investor's money or into the financial institutions because they want certainty that this is moving forward. Until we have that certainty, it's really -- we don't a way to tap it out. We'll open it when we can open, and whatever is going to come in, we would be Commissioner Carollo: Look, I am petrified with what I'm hearing here today because how many people like him that we have leases out with are out there that might owe us money or might like to owe us money if they see what happens here today. I got on in Bayfront Park that came a couple of days ago asking for a pretty hefty amount like what he owes us. So, you got to count this, what you do here, not as one entity independently. You've got to count it as a whole city, what could be coming at us from this. And that's my concern. I mean, I don't even know -- with the exception of the $13 million, you're both in agreement is that was owed at one time, but out of that, how much is actually owed now? You have any idea? Mr. Burns: Yes, sir. It's approximately about $1.4 million a year is what I would say. Basically -- Commissioner Carollo: That was owed from what, a year ago or more? City ofMiami Page 140 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Burns: So, it's been just about a year. So, I'd say approximately $1.4 million without looking at the document. But it's spread out over a 10-year period. Commissioner Carollo: So, out of the 13 plus a million -- this 1.4 that's owed, how much interest involving in that? Mr. Burns: 5 percent, sir. Commissioner Carollo: 5 percent. And then we got the 900,000 plus -- Mr. Burns: Yes, sir. Commissioner Carollo: -- that is also owed. Now we're at over 2.3 million. The 800, 000, was it, that was owed before? Mr. Burns: Yes, sir. Commissioner Carollo: That's still owed now? Mr. Burns: Yes, sir. Commissioner Carollo: And his money that's due now and was never taken care of? Mr. Burns: Yes, sir. Commissioner Carollo: And how much is that, again? Mr. Burns: 853,600 to be exact. Commissioner Carollo: 853,000. So, if I add that, we're at pretty close to 3.2 million, was a little less maybe, that they actually owe us today. Out of which, some 900 plus thousand is monies for rent during the pandemic. And I've just heard that he's looking to get a break in that, that he shouldn 't pay the whole amount is what I heard. Mr. Mimoun: Can I make a suggestion, sir? Commissioner Carollo: Yes, sir. Mr. Mimoun: We're willing to commit now, finalizing with, of course, the city, that by the end of the year, if this moves forward like it's according to plan, we will pay $8 million down. Commissioner Carollo: 1 would rather be motivated a heck of a lot more if at the very, very least, you pay the 900 thousand, and then try to work down the other 1.4 that was in your watch that your late on out of the 13 million we're talking, the 13 million was sold that but that 1.4 million was due, not the whole 13. The 853 is money that was owed from before you bought it and that's ever been paid, still owed. So, you know, I've never seen anyone from where you're standing at that comes in a business deal to this body or pass Commissions here that doesn't tell us that if we don't get this, the whole deal is going to die. I cannot for the life of me believe that basic conversations that we have from years past and what you told me you are going to accomplish and so on, that for such little money, compared to what you spent already and to what you're saying you're going to invest in here that this project would go down the drain. I can't believe that. Because at the end of the day, what is going to make or break this project is not anything in Jungle Island, it's going to be the hotel. That's going to be the moneymaker for the overall project. And with that, I agree. You don't have the hotel; this won't go forward. So, this is City ofMiami Page 141 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 really a hotel concept now in the new plan, more than a tourist attraction. But it's very good for the City to keep a tourist attraction such as that. 1 wish we'd have maybe have brought Seaquarium over, maybe had another one where they would have fed off each other and they would have done better. Because, you know, it's like Orlando. After Disney, you had everybody else that came, and everybody makes money. They're standing on an island by themselves. It's a good concept that was created, they're adding more to it now. But in today's age, forgetting COVID for a minute. You know, pre-COVID, it's very tough to make it on attractions of their size, unless you bring something else to it. And that's why they came with the hotel concept, and that's what was going to make it. But my whole problem right now is that, you know, darn it. We're not talking about huge dollars for your investors and your hedge funds and whoever, you know. I'm sure you're paying good of Brian May back there a good chunk of money. He's getting at least 10 percent of the 900,000 you owe us. So, I'm getting quick numbers here, but I'm quickly trying to put together and assess. I think you're all seeing here that we need to work this a little more and bring it back. He could do better. I think that he convince me for the next meeting to move quickly. If there's any emergencies, there's nothing that prevents us from that hearing an ordinance and first and second reading the same day. Vice Chair Russell.: We cannot. For land use and zoning, we cannot. Commissioner Carollo: Okay. Well, then I stand corrected on that one. But nevertheless, the other ones that have waited all this time. Mr. Crowley: No, we have not. Commissioner Carollo: You haven't? Mr. Crowley: That's not true. Commissioner Carollo: Explain that one to me. I'd like to hear that one too. Mr. Crowley: We've been working with the city and planning for over a year now. The first time we started this was in '19, in 2019. Commissioner Carollo: Waiting for and working for what? Mr. Crowley: Working with the city. This process has taken over a year and four months, if not mistaken. Commissioner Carollo: To be able to come back to us? Mr. Crowley: I'm sorry? Commissioner Carollo: To be able to come back to us here for -- Vice Chair Russell: The referendum was passed in 2018. Mr. Crowley: Yeah. Yes, sir. So, we submitted these applications in September of 2019, and it's -- it's taken that amount of time to get to the city of Commissions, sir. Commissioner Carollo: Has anybody from the City asked you to pay up the money that you 're late with? Mr. Crowley: Well, not during the context of my negotiations and discussions, which would have been mostly with planning and -- City ofMiami Page 142 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Carollo: 1 understand you have a legal side, but has anyone from the city asked you to pay up anything, asked you for money? Mr. Mimoun: As Spencer said before, we started negotiating with the city, I think it was in November `19 that the city finance committee basically approved the recommended one of the ways we wanted to pay the whole amount up, and then pandemic hit and we came back and said well, we can't pay the full 13 in one shot, we want to split it. And that's where we are today. Commissioner Carollo: But you didn't owe the whole 13 in one shot. What you owe now is 1.4 price wise so, I'm not worried about that. You had volunteered that for what 1 understood, -- Mr. Mimoun: Yes, sir. Commissioner Carollo: -- to pay more? Mr. Mimoun: Not volunteering. It's because then we're stack our debts afterwards when we have to come in and we have the hotel approved, we're going to go get a construction loan, and any institution is not going to give me a construction a loan if we have a second and third and a first mortgage with the city. So, it was in our interest and in the city's interest to -- Commissioner Carollo: Well, thank you. Because at least you're laying on the record. What I want to do, that you're going to pay that not because you want to please the city, but because no bank is going to give you a first loan if you got these set of loans there already. So, in other words, if you got smaller first loans, they're not going to give you a larger second loan. What's the loan that you anticipate on getting for the hotel and anything else that you need? Mr. Mimoun: We don't have final numbers yet because we don't know the final design of the hotel, sir. But it would he -- Commissioner Carollo: You got to -- Mr. Mimoun: About 120. Commissioner Carollo: Okay. Thank you. About 120 million. And even for 900,000 that you owe us, you can't pay the City $900, 000? Mr. Mimoun: Commissioner, you're making it sounds as if we're not making any payments and we didn't pay anything for the past two -and -a -half years. Commissioner Carollo: I'm talking about what is owed. Mr. Mimoun: Right now, we cannot make that payment, no. Commissioner Carollo: Well, this is the point I'm making. I'm not making it sound like anything. Mr. Mimoun: Okay. Commissioner Carollo: I'm putting in the record exactly what it is. For the last year, we haven't received any of'those payments. Mr. Mimoun: That not true. Commissioner Carollo: Everybody's hurting, but I'm going to tell you -- City ofMiami Page 143 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Mr. Mimoun: No, we paid for last year. For this last year, the park was mostly, closed. And for the portion of the park that was an open, the beach club, we made the full payment for 2020. Commissioner Carollo: Bottom line is, and this has been established, unless you tell me that it's wrong -- and you haven't said that -- I think you acknowledge it. There's about $900,000 that you're behind for this past year up to now. He stated that out of the 13-plus million, it's actually 1.4 million that you're late on, and that there was an amount that was owed since your predecessor still had it of 853,000 that was never cured. Mr. Mimoun: On that point, I want to also make clarification. When we took it over, it was 2 million and something. And because we advanced and paid off the HUD loans to the federal government, it was an agreement that the city signed a resolution before we even came in, that it would reduce it 853, so technically because we advanced payments much faster than we were supposed to, we got that credit. Commissioner Carollo: I'm just placing the record what Mr. Burns gave me. There's approximately some $3.2 million give or take, a few thousand dollars either way that you're late on. Vice Chair Russell: Commissioner Reyes, you're recognized. Commissioner Reyes: I have to make a Jennings disclosure. I did meet with them. I don't know if you met with somebody else, but I did meet with them, and the finances were never discussed in that meeting. But I -- the way that I look at it, I see this, you see, it is -- which one is first, the chicken or the egg, you know. We have a project that it is -- I mean, they cannot start unless we pass it. But also, we as a city, we need to get paid. And what I'm asking is for is an answer. Can you -- by any means, can you make a commitment that what is owed, it will he paid within a -- I would say, a period of time, you know, that it won't be carried for years or something, you know, before you started building, you start. You pay us and the city, we have the power to hold all the permits. And hold all the permits and hold the project if you don 't pay us what you owe us. Commissioner Carollo: Madam City Attorney, are you listening to what Commissioner Reyes is saying, because 1 think this is very key that you guys, you and your assistants are all listening to this. Mr. Mimoun: Absolutely. Yes, sir. We are willing to commit that. We will pay, per our agreement if it's the 8.5 or whatever number before we get the building permit, or you can hold off on the building permit before that money is paid. Commissioner Reyes: Okay. Because that -- we can set up a period of time, you see, in order for you guys to do that. If everything comes -- if we approve the no net loss and -- if in the second reading, we decide -- I mean, the deal is made and if it is approved by our -- the rest of the Commission, then we move forward. And if you stop any payments, well stop the gap. Mr. Mimoun: We can commit to that, yes, sir. Commissioner Reyes: Okay. Commissioner Carollo? Vice Chair Russell: Just a minute. Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Don't have anything. City ofMiami Page 144 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: Okay. Commissioner Reyes: Commissioner Carollo? Commissioner Carollo: Yeah. I -- look, I would agree to something that you have with specific dates. Because who knows when they might want to start asking for permits or what have you. This can be, you know, their neighbor across Watson Island all over again, that we approve something, and years later, nothing was happened. And then look what happened. And the same lobbyist that represented his neighbor across the street can cost the City $20 million. There he is and you guys are all smiling, like, you know, he's just won the lottery. So, I will not vote for anything whatsoever where I don't at least get an acknowledgment that they are going to pay us in full soon enough, the 900,000 that they're in arrears from last year, and they're -- that they are not going to fall in arrears again for this remaining year. Because look, we let this go like this. I'm telling you guys, you're going to have every lease holder that we have in the city is going to be coming up there and telling us the same thing they are. They're not going to pay it, that well, you know, we already closed down and so on and so forth. And the hole that we're going to have then come September 1st and next year -- fiscal budget is going to be, forget about the doughnut, it's just going to be one big hole. So, -- Vice Chair Russell: Commissioner, I -- Commissioner Diaz de la Portilla: Commissioner? Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: You want to make a comment or -- Vice Chair Russell: Yes, I just want to respond. Commissioner Diaz de la Portilla: I might probably recognize. Vice Chair Russell: And then I promise -- Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: You know, Commissioner, 1 respect what you're saying, very, very much. And I would respect you even if you vote against this today based on where we are in this moment and your concerns and the details you still are waiting for. And it sounds like some pencils need to be sharpened between first and second reading or it will be one no vote, but not enough to get through, because the will is very clear from other Commissioners as well that delinquency on debt cannot be something that becomes infectious with others. Commissioner Carollo: Keep in mind, I'm not even talking about the 1.4 million they owe us, because that's two old debt that he inherited, it's due and it's due now - Vice Chair Russell: Yeah. Commissioner Carollo: -- but that's from old debt that he took over, I'm not even talking about the 853,000 that was old debt, that was due when he bought it and it's still due now. I'm talking about new debt. Commissioner Diaz de la Portilla: So, Chairman? City ofMiami Page 145 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Carollo: That's what I'm talking about right now. Commissioner Diaz de la Portilla: Thank you. Mr. Chairman, thank you. The way 1 look at it, firstly, I agree with everything Commissioner Carollo and Commissioner Reyes has said. A $15 million debt, whatever that total is, is a significant amount of dollars, and we need to be made whole. And I think I heard you say -- I think he said 8 or 9 million by the end of the year that you -- you have to make a commitment to pay that off: But you can't move forward unless you get these things done first, right? Mr. Mimoun: Yes, sir. Commissioner Diaz de la Portilla: Okay. So, it's sort of leap of faith here, right? Watson Island has, in my opinion, watching from afar, has been a failure every time a development has been tried there for decades. So, we have to have a leap of faith here, and we have to be partners in this endeavor. It's a give and take that takes place here, right? And that give and take requires us to put some faith in you, and it requires you to make commitment to us. I know you have deadlines, so I'm willing to respect the fact that you have deadlines. From my perspective, I'm willing to understand that you want to get there, and I understand that you cannot get there unless you have a hotel. So, you can't make it contingent on anything because we haven't gotten to the zoning matter. But as Commissioner Carollo has already stressed a number of times that your debt, forget past debt, it's $900,000, right? Pay us next week, cut us a check. Finally get paid, right? And then we know that you're living up to your commitment. Let us move forward today, in my opinion, we'll talk about first reading on these three items. We still have the other two items that Commissioner Reyes deferred correctly, I think, and let's not do any kind of -- you know, you do this and we'll do that because we cannot do that, and we'll never do that, but at least, in an open conversation, make a commitment to pay the $900,000. Is that the amount, Commissioner Carollo? Well, I mean for the -- Commissioner Carollo: Well, get them up to date on what he owes. Commissioner Diaz de la Portilla: Right. And cut us a check. We'll pick it up on Monday, if we have to, at Jungle Island. Okay, we'll go pick it up, cashier's check preferred, and then we'll take it from there. But today, we have to have a conversation about the merits of the project, about the zoning matters, the changes that we're making in the land use issues. Let's have that conversation and stick to that. And then, I know what I've heard everything so far is that -- what I've heard so far is that you are going to pay your debt, but you can't get there unless we allow you to get there, unless we give you a path to get there. And unless we believe in what you're doing then we're not going to get there. Neither one of us, the city land and it's your investment, but it's our investment too, so let's move forward. Make a commitment to pay us next week what you owe us and today we'll move forward, we'll take you on your word and Commissioner Russell will go pick up the check cause, it's his district. On Monday morning. Does that work? Mr. Mimoun: I can't make a commitment right now for 900. I need to check with my other partners regarding the 900 right now. I do want to say -- I do want to say is that as partners and leap of faith, we're the ones who spent over $17 million on the property, upgrading it for our partners -- Commissioner Diaz de la Portilla: That property is worth a lot more than 17 million. Are you --? Hold on, I'm not done. Mr. Mimoun: I'm not disputing that, I just -- City ofMiami Page 146 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Portilla: Hold on, Elie. If you can't get on the phone now and call your partners on $120 million investment, at least that you'll make in a hotel and get a guarantee you can pay our city when you owe 15 million bucks, that you can 't pay the $900,000, then I'm worried about the leap of faith. I got concerns. I'm not going to jump in that pool if you come back -- you can't make that commitment right now for $900, 000. Do you understand? So, call your partners or wherever they are in Paris and tell them, hey, what's going on here. Can I commit to the City Commission, we have a major project, multi -million -dollar project, the Commissioners are willing to move forward to help us and to be our partner in this, but I'm going to commit to get us that check so that Commissioner Carollo's comfortable, so the whole City Commission is comfortable. Because I don't feel comfortable if you can't make commitment for 900, 000. And you're asking for us to wait on a $15 million payment that you owe us. How can I feel comfortable if you can't even put $900, 000 on the table. So, what I'm asking you is, if you want us -- from my perspective, I'm one Commissioner, but I think it's a pretty close vote here that if you can 't tell us that you 're willing to pay us 900, 000. It was the only thing Commissioner Carollo has requested. He hasn't requested all the other dollars from the previous investors, the previous owner or lessee, then we have a problem. Because I want to be your partner, we want to be your partner, but we have to believe in you. Give us a reason to believe in you. And there's no better reason to believe you than with some money that you owe us. It's not your money, it's ours. That's our responsibility, our fiduciary responsibility to our taxpayers that you pay us what you owe us. And we can't continue to give you all these benefits and move everything forward without you living up to your commitment to us. Not to us, but to our city. My two cents. Ms. Mendez: Commissioners, I just wanted to remind everyone that the reason why all of this is at issue and normally it is not at issue in other cases is because we have a provision in Section 2-208 that provides: A permit shall not be issued for properties that have monies due and owing to the city. So, that's why you have all been asking these relevant questions to the extent that this needs to be negotiated and resolved ahead of time. Commissioner Diaz de la Portilla: Just a minute. Because that's important to the point I'm making. Commissioner Watson: Yeah. No, it is. Commissioner Diaz de la Portilla: If they have a commitment to pay and there's a payment plan for lack of a better term that's put into place, then they're living up to the commitment because the payment plan, right? But you're not willing to make the first down payment. You're still, 1 can't commit to this without talking to my partners. So, yes, if there's -- Mr. Mimoun: I'll make that commitment. Commissioner Diaz de la Portilla: That's all need. Then I'm going -- Mr. Mimoun: I'll make the commitment. Commissioner Diaz de la Portilla: Then I vote to support hearing these deferred three items today and we'll take it from there. Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: Thank you, sir. City ofMiami Page 147 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: Commissioner Reyes? Commissioner Reyes: Yes. And that's exactly what 1 was trying to get. To make a commitment and pay in a -- but we need dates, you see, we need a time. And that's why that was the concern that Mr. Carollo is concerned, that we have to have certain dates, you know, that you're going to pay by this date, this amount or we are not going to issue permits. And the whole deal, if we don't give you the permits, you not going to build. And according to the City Attorney, no permits can be issued as long as the City is owed money. So, -- Mr. Mimoun: I agreed with that already, but Commissioner De La Portilla [sic] wanted a faster advance as I understand and -- Commissioner Reyes: Yeah, but 1 know he wanted it on Monday, but I mean -- but I -- what I mean, what he's saying, he has a lot of -- makes a lot of sense. Mr. Mimoun: Everybody makes a lot of sense -- Commissioner Reyes: $15 million deal but you cannot commit. Mr. Mimoun: Everybody makes a lot of sense. Commissioner Reyes: Okay. I'm going to give you my personal -- firstly, I'll give you the benefit of the doubt, you see? And trust, I'm going to trust that if you commit that within a given time, you see, we -- you -- we're going to get the payment of what you owe, I'm willing to vote yes today and see what happens between -- now, it would be wonderful that within the first reading and the second reading, the City received some, funds. Mr. Mimoun: That's what I just committed to Commissioner De La Portilla [sic], not next Monday, sir. It's four days from now, but before the second reading -- Commissioner Reyes: Before the second reading. There you have attached. Commissioner Diaz de la Portilla: And I think Commissioner Reyes and I mean, Mr. Chair, and I'll shut up, I promise after this one. The -- at least for this part of the conversation. You make that payment between now and second reading as Commissioner Reyes said, you come back to us at second reading and you say, by the way, this is what we're going to do. We're going to make these payments during this period of time, because you know your time frame, you know finance is scheduled. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: And I get the financing problems, right? You have to get this approved. You've got to go back to your lenders, your investors, your banks, you're not going to give your money to me unless they see certainty along the way. I understand all that. I think we all do, for sure. Mr. Mimoun: Thank you. Commissioner Diaz de la Portilla: We get that. And I also know you have time -- but we need to know, hey, over the next year, over the next year -and -a -half,; as we get our funding, as we begin building, as we begin to pull permits, we'll give you a million here, a million there. That's the kind of thing we want to know. That way, it's an honest partnership. It's an honest marriage. We're honest with each other. City ofMiami Page 148 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 This what 1 can do. I'm sorry, we don't tolerate that, you got to do a little bit more. And you say yes, and we agree. I think that's the idea here. Mr. Mimoun: Okay. Commissioner Diaz de la Portilla: If you're willing to do that, then we will venture down this road together. And it'll be good for Watson Island, it'll be good for our city, it'll be good for you, it'll be good for everyone. But it's got to be a win -win for both of us. Mr. Mimoun: Agreed. Vice Chair Russell: Thank you. Now, if could bring this to -- Commissioner Reyes: Yes. Vice Chair Russell: -- a close. So, I -- we've been through a lot together over the last five years now. Honestly, I'm -- I was the only Commissioner who was on this dais at that time when you first came and showed the new concept. And you have been incredibly honest with me from day one, because I recognize, just like Commissioner Carollo said here, the only way this is successful is with the hotel concept. And you were very open about that, and I was open with you, we've got to go to the voters. There's no legal way through our charter that you will see a hotel there unless the voters want it. And then the neighbors and everything. To the point where today the only complaints we received from the neighbors was about boating noise, which well need to address. But that shows how far you've come with regard to all of the activity that you changed and where the hotel would be, everything to help work with the neighbors and improve their quality of life. The Japanese garden, you promised to invest in, the Liberty City Trust you promised to -- Commissioner Reyes: Japanese garden, no. Vice Chair Russell: -- the trolley. Now, -- just a moment, please. Commissioner Carollo: Go on to that Japanese garden they've got. Mr. Mimoun: This in the original agreement -- Vice Chair Russell: Hold on. Commissioner Carollo: We've got to hold off, Elie. I was going to ask you about that. Vice Chair Russell: Just a moment there. These are all things that were agreed prior to even going to ballot. And I -- what I learned as we were coming here today, is that this is an entire new body that is looking at this almost for the first time. And they have a different lens that they're looking through. And you need to make sure that you're ready to satisfy what will bring them to the table, what will bring their vote, and everything they brought up is very valid, especially with regard to the finances of the City in this time. It's a different time than when we were, you know, four years ago. And I forgot to mention that thing I am very thankful to you for, because I didn't know what a financial burden I was putting on with -- when I asked for you to no longer utilize large mammals for entertainment and what commitment that would create. And I know it took you a couple of years and several hundred thousand dollars to relocate the five orangutans to the only great ape center in the country. City ofMiami Page 149 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Carollo: Whoa. We're not going to have orangutans there? Commissioner Reyes: We don't have no orangutans? Vice Chair Russell: I'm sorry. Commissioner Carollo: Whoa, whoa, whoa, whoa, whoa. Commissioner Diaz de la Portilla: Then I move to (UNINTELLIGIBLE). (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Russell: Peanut was dying of cancer. Unidentified Speaker: Twice. Vice Chair Russell: And -- twice -- and I would never say that there was uncare or mistreatment of the animals, but I believe that we are beyond that in what we want from our amenities and what we want for our residents and our tourists. And you came through. You came through in more. I mean, I've seen video of where they are with the two miles skyway and they're now with 23 other orangutans enjoying a life. And Peanut, however long we hope she lives, will die a happy orangutan. But all this goes to show you how intimately involved I've been with this project, not only from a land use, zoning, and financial perspective, but everything we went through after the hurricane and the tigers got loose and everything. But we are here with you all today. So, I do hope and appreciate for your support on first reading, and there's a lot of talks that need to happen. Commissioner Carollo: At least the koi ponds -- they're okay, right? You're not going to do away with them? Mr. Mimoun: I'm sorry? Commissioner Carollo: The koi ponds. Vice Chair Russell: The koi can stay. Commissioner Carollo: The kois [sic] can stay? Vice Chair Russell: The Japanese garden, the koi will stay. Commissioner Reyes: That's my only objection. And when 1 met with them, 1 told them that we should replace that Japanese garden with maybe a tropical botanical -- tropical -- no, I'm just kidding. I want you to know this and I want everybody to know this, you see, as a long resident of the City of Miami, I want anything that it is placed in Watson Island, I want it to succeed. And for various reasons. And first of all, I want to be proud of what we get there, if it is a hotel and a tourist attraction, and I think that we need it. We have to keep people here in Miami. And I want you to succeed. It's not that we want you to fail on anything. But what's fair is fair, and I'm willing to vote on the first reading based on your commitment. And I think that we have -- we're ready to make a motion. Vice Chair Russell: All right. I'll take it as a motion -- Commissioner Carollo: Chair, ifI can -- City ofMiami Page 150 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: -- by Commissioner Reyes. Yes? Seconded by the chair. Commissioner Carollo, you have -- Commissioner Carollo: Thank you. I don't want to burst your bubble, hut you are the one that was here first. Watson's laughing because he remembers. He was around here in the '80s. Let me give you a little history. Who was -- who knows the most about the -- (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Russell: I didn't say I'm the oldest Commissioner here. Commissioner Reyes: He almost had (UNINTELLIGIBLE). Commissioner Carollo: No, no, no. You need to know this, okay? Because I've suffered through Watson Island more than even Elie is fainting here. Back, I think it was around '86 or so. There was a project that was being financed by some chap from Libya I think it was or Algeria that was living in either in France or -- or the UK (United Kingdom). I think the UK, but maybe it was France. It was a long time, you know, I forgot some of the particulars. Anyway, he had gotten a group here. And the deal was 99 years. 99 years. How many years have we given you now? Mr. Mimoun: An extra 35 if we build a hotel. Commissioner Carollo: Okay. Commissioner Reyes: But it was for the whole island. Commissioner Carollo: But this is for 99 years for the whole island. And it was for even less money, much less money than what Bern was paying at the end. So, you know, stupid me, I got people pissed off and they wanted to knock me off and all hell broke loose, but the deal didn't go through. Even when, you know, all the votes, 1 was the only one that said no. So, then a new deal, where's of Brian there? Yeah, a new deal. Well, he's like, he comes with Watson Island, you know. No matter what goes down there, you know, Bayfront Park, other places, you got of Brian May, you know, attached to it. It's like one of those ticks, you know, you got to burn him out. Anyway, comes 1995 into '96, the mayor there at the time had negotiated the deal with Bern that Brian told him to do. What happens? The mayor dies, that Joe Carollo, you know, he's around to screw everything up again, and I get elected mayor. So, from up here in the dais, I renegotiated the deal into getting the city a lot more money. Bern was having a heart attack, like not as bad as you here today, but he was palpitating. So, finally when we had the inauguration so that he could express, your predecessor, his thanks. He gave me the baby orangutan. And 1 think it was set up because they did it on purpose. So that, you know, I was mayor by this point. A little baby orangutan peed all over me. So, I've given you quite a bit of history there, but you can see that I've been around -- Commissioner Ryes: No, no, no. I want more. He didn't complete it. I mean, he didn't say the whole thing. Because as opposition to that, he was challenged do a dual to the death. A dual to the death. You remember that? You remember that? A duel to the death. Commissioner Carollo: I forget a lot of'this. Commissioner Reyes: At Watson Island. See you at 6:00 in the morning, bring your gun. Yeah, remember that, Joe? City ofMiami Page 151 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Carollo: Wow. 1 don't remember. Commissioner Reyes: You remember what your answer Commissioner Carollo: I don't remember. Commissioner Reyes: Joe Carollo told the guy, okay, br Vice Chair Russell: Oh right. That is some peak Miami. Commissioner Carollo: Wow, wow, wow. Now that we and, you know, everybody's kumbaya'ing here, let's go make sure we get it right. Commissioner Reyes: Okay. I want -- Commissioner Carollo: The business terms. Commissioner Reyes: -- to read the motion. -- what's your answer? ing your water pistol. Thank you very much. got everybody smiling again back to the business, Chair, Commissioner Carollo: Yeah. Yeah. But let's get the business terms so you guys could feel really good about this, and we can be sure. You 're going to pay before the second reading, the 900 plus that you owed from before. Commissioner Diaz de la Portilla: Monday -- the next reading. The next reading. Commissioner Carollo: Elie s French, he wants to make sure he gets every interest out of that money, so -- the second part is, and again, Elie, I'm not going back at monies that are truly owed, like we discussed here, but it was from old debt that you inherited, even though some of them still owed today, I'm not going there. I'm only going to new debt after you took over. The old, we can discuss in the global agreement that we have. Where's good of Brian May? There he is, he's hiding hack there behind you. Thought maybe you stopped paying for him and he took off. Anyway, my only other concern and the only other part that we need to send a message out to every vendor that we have, every contract that we have with everyone, is that they got to pay what is being owed to us, pandemic or no pandemic, because, you know, we can do other things that could make money. With the pandemic or without it. So, I think part of the agreement that we should have here today that he will pay whatever the amount is. Mr. Burns, you'll give him an accounting and the Commission? Mr. Burns, you'll give him an accounting and how much interest is going to be accrued each day until he pays? Mr. Burns: Yes, sir. Commissioner Carollo: So that he knows if he pays on this day, it'll be that much, the next day, so much more. Now, part of the motion should be that once he pays, he's going to stay up to date in the monthly payments in the new debt that they have. What is it that they're supposed to pay us on a monthly basis, quarterly? I mean, how -- how is it done? Mr. Burns: They pay on a monthly basis. It's -- it's a minimum rent and a percentage rent. Commissioner Carollo: Minimum. Mr. Burns: I believe it's around 50,000 a month. I could be off a little bit. Commissioner Reyes: At least the minimum. City ofMiami Page 152 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Carollo: So, what this motion should have is the 900, 000, whatever it is that Mr. Burns will figure out, along with them staying up to date in paying the monthly amount that they would owe the city every, month, whatever that is. He says around 50, you know, you figure it out. Send him a copy and send all of us a copy so we would know. Mr. Burns: Yes, sir. Barnaby Min (Deputy City Attorney): Chair, can I make a suggestion? Vice Chair Russell: Yes. Mr. Min: PZ.7 is the development agreement. Perhaps we can amend the development agreement to include that language to indicate that they have to be -- they have to remain current with all financial obligations? Vice Chair Russell: Yes. This would be an amendment on PZ.7. Commissioner Reyes: That's right. Commissioner Carollo: Okay. Vice Chair Russell: Does the mover agree? Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: All right. Seconder as well. Mr. City Attorney, please read PZ.5, 6, and 7 into the record. Mr. Min: Thank you, Mr. Chair. Commissioner Carollo: But keep this in mind. If he pays, he's up to date, you know, he'll be up to date before we vote on PZ.7. So, if it's part of PZ.7, I'll accept that, because then, you know, you're up to date up to that point. That's fine. Vice Chair Russell: Okay. Commissioner Carollo: So, -- Mr. Mimoun: We're talking about the monthly rent, yes? Commissioner Carollo: Right. And that'll be part of 7. Now, we should also discuss, when this comes back, what guarantees are we going to ask so there we're not in the situation that this city was in the deal across Watson Island where we got stuck for 20 million and then millions more in attorney's fees. Remember that, Brian? I want the City Attorney to come with some language that if they don't start developing by a certain due date, that this Commission would agree then that all deals are off. Mr. Min: I can also include that. Commissioner Carollo: Okay. So, and speak to each member of the Commission -- Mr. Mimoun: Commissioner -- Commissioner Carollo: -- so that everyone understands, you know, what it is before we even come up here. City ofMiami Page 153 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: Mr. Mimoun. Mr. Mimoun: I was just going to advise the Commissioner that it's already in the agreement and in the referendum, that's why we are saying that we have a time constraint, because if we don't get the building permit by a certain date and then finish the hotel by another certain date because of the lessons learned from across the street, we will lose this ability. So, it's already embedded in the agreement already. Commissioner Carollo: Thank you, Elie. But go ahead and go through that again, look it up. Mr. Min: Yes, sir. Commissioner Carollo: And if you need to place anything else that's stronger to protect us even more than what he alerted us to, please do and discuss it with the Commission. Mr. Min: Yes, sir. Commissioner Carollo: If it's fine the way it is, then it's fine. But outside of that., I have, you know, nothing else to say at this point. And, Elie, I hope you can appreciate that I'd like you personally since I met you. I think you're a shrewd businessman, and there's nothing wrong with that, but we got a deal with some of these things in a business -like matter. As it is, you know, we've asked very little in return. Mr. Mimoun: I accept that, and I appreciate that. Thank you, sir. Commissioner Carollo: And, you know, we want to he able to have a partnership that you succeed, the city succeeds, that we have an attraction that is going to bring people beyond those that stay in the hotel, because the City of Miami needs that. I mean, I wish that we come up with something in the future once this works well for you that we could add somewhere in that island that then gives the public two attractions in the same place that both could feed off each other. But that's, you know, down the road. Vice Chair Russell:: Thank you. Commissioner Reyes: Call the question. Vice Chair Russell: Thank you, Commissioner. Commissioner Carollo: Thank you. Vice Chair Russell: Barnaby, please read the ordinances. Commissioner Watson: So, Mr. Chair. Vice Chair Russell: Yes, sir. Commissioner Watson: Before Mr. Min reads that, there apparently like to get -- there is an amended lease agreement, fifth amendment lease agreement. I want to make sure we all know what's in that lease agreement and how it reflects and relates to the other issues. That's one, so can you get that to the Commissioners? Then the second piece of that is on the development agreement that you're talking about now, City ofMiami Page 154 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 1 want to make sure that community benefits agreement, the participation requirements there, are put on the record so that we can make sure that we speak to the deponents about what we'd like to see in there as it relates to the residents of the City ofMiami and how they also participate in this project. Mr. Min: Okay. I would definitely -- do you want to hear that now, the benefits? Commissioner Watson: Yeah. Mr. Min: 1 would defer to Planning -- Commissioner Watson: Or they can get with us after this and make sure -- Vice Chair Russell: Before second reading? Commissioner Watson: Before second reading. Commissioner Carollo: One last thing. Mr. Manager, is he back there somewhere? Mr. Manager, is there any additional input that you would like to give to this Commission since you've been working with them much closer than any of us have? Arthur Noriega (City Manager): You've covered pretty much where my concerns were relative to the ongoing payments. Commissioner Carollo: Okay. Mr. Noriega: I think the only issue is, we need to as soon as possible, I think come back to that original recommendation they had with regards to paying upfront the outstanding loan balance. Because part of what was discussed by them or proffered by them was a discount to that, right? In lieu of paying it upfront, right? It was sort of a discounted rate, but we need to sort of bring that hack, I think, to a head and in terms of furthering that conversation. If indeed that's the intent, if not, then you just pay it over time like you can per the agreement. Commissioner Carollo: Or you need to, you know, let each member of this Commission know individually, you know, exactly what you think of that so that when it comes back to second reading, everybody's fully appraised. Mr. Noriega: Will do. Commissioner Carollo: And that's fine. Vice Chair Russell: Thank you. Barnaby. Mr. Min: Thank you. PZ.5. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: PZ.6. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: PZ.7. The Ordinance was read by title into the public record by the Deputy City Attorney. City ofMiami Page 155 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: Thank you very much. There's been a motion. There's been a second. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on first reading. Thank you very much. Mr. Hannon: Chair, that's 5/0? Vice Chair Russell: Correct. Mr. Hannon: PZ.7 has been amended. And when would you like these three items to come back to you? Vice Chair Russell: Thank you. So, the PZ.8 and 9 will come on February II th. I'd like all five items to come back for a second reading on February 25th, please. So, if PZ.8 and 9 pass on February I1 th, I'd like all five items to come back on February 25th -- Mr. Cesar Garcia -Pons (Director, Planning): Mr. Chair. Vice Chair Russell: -- for a second reading. Yes. Mr. Garcia -Pons: We may have a noticing problem with that. The noticing that goes out for the February 25th meeting for second reading starts on February 5th. So, we'd be noticing the second reading prior to approval of the first reading. Vice Chair Russell: You would have already -- Mr. Mimoun: You could always defer it if something happened at the first meeting. Mr. Garcia -Pons: It's something that we can do -- Vice Chair Russell: Can you put the notice out? Mr. Garcia -Pons: We will be able to -- we will send the notice out on the 5th, and if it doesn 't pass on the ll th, then we will have to re -notice. Vice Chair Russell: Perfect. That's fine. That way we'll be compliant by the 25th. You'll send notice out preemptive to the -- Mr. Garcia -Pons: Correct. Vice Chair Russell: -- vote on the ll th. Mr. Garcia -Pons: If -- but if we don 't -- Vice Chair Russell: It's notice of the hearing, not notice of a decision. So, that's fine because it doesn 't signal a pre -determined outcome. Yes, I'm fine with that. Mr. Garcia -Pons: Okay. Vice Chair Russell: Thank you very much. All clear? Thank you very much. Mr. Crowley: Thank you, all. Commissioner Carollo: Thank you. City ofMiami Page 156 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 PZ.6 ORDINANCE First Reading 8363 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 18.61 ACRES (810,795 SQUARE FEET) FOR THE "JUNGLE ISLAND SPECIAL AREA PLAN" ("SAP") LOCATED AT APPROXIMATELY 1111 PARROT JUNGLE TRAIL AND 1111 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("PROPERTY"); THE SAP CONSISTS OF A TRANSECT ZONE CHANGE FROM "CS", CIVIC SPACE TRANSECT ZONE, TO "T6-12-0", URBAN CORE — OPEN TRANSECT ZONE, FOR THE SOUTHEASTERLY 234,310 SQUARE FEET OF THE PROPERTY; THE SAP WILL MODIFY THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PROPERTY AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE WILL APPLY; APPROVING A NEW HOTEL WITH UP TO THREE HUNDRED (300) ROOMS; THE SAP SHALL CONTAIN A MINIMUM OF 40,540 SQUARE FEET OF AN APPROVED CIVIC SPACE TYPE; 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: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item PZ.6, please see "Order of the Day," "Public Comment for All Item(s)," and Item PZ.5. City ofMiami Page 157 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 PZ.7 ORDINANCE First Reading 8364 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN ESJ JI LEASEHOLD, LLC AND THE CITY OF MIAMI TO GOVERN THE JUNGLE ISLAND SPECIAL AREA PLAN ("SAP") COMPRISED OF APPROXIMATELY 18.61 ACRES (810,795 SQUARE FEET) OF PROPERTY LOCATED AT APPROXIMATELY 1111 PARROT JUNGLE TRAIL AND 1111 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LANDS FOR A HOTEL AND ATTRACTIONS; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE SAP; SPECIFICALLY PROVIDING FOR THE SAP TO CONSIST OF APPROXIMATELY THREE HUNDRED (300) LODGING UNITS, FIVE HUNDRED (500) PARKING SPACES, AND NEW ATTRACTIONS; THE SAP DEVELOPMENT SHALL NOT EXCEED THREE HUNDRED (300) LODGING UNITS AND SHALL CONTAIN A MINIMUM OF 40,540 SQUARE FEET OF CIVIC SPACE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AS EXHIBIT "B", ATTACHED AND INCORPORATED, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item PZ. 7, please see "Order of the Day," "Public Comment for All Item(s)," and Item PZ.5." City ofMiami Page 158 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 PZ.8 8365 Department of Planning ORDINANCE First Reading 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 AN EXPEDITED STATE REVIEW PROCESS ESTABLISHED IN SECTION 163.3184, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM UNDESIGNATED TO "PUBLIC PARKS AND RECREATION" OF THE 11.8 ± ACRES DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3301 RICKENBACKER CAUSEWAY, 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: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.8 was deferred to the February 11, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.8, please see "Order of the Day." PZ.9 ORDINANCE First Reading 8366 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM UNDESIGNATED TO "CS", CIVIC SPACE, OF THE 11.8 ± ACRES OF REAL PROPERTY GENERALLY LOCATED AT 3301 RICKENBACKER CAUSEWAY, 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: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.9 was deferred to the February 11, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.9, please see "Order of the Day." City ofMiami Page 159 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 PZ.10 ORDINANCE First Reading 5133 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of Planning 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 OF 0.12 ± ACRES OF REAL PROPERTY FROM "SINGLE FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION" OF THE PROPERTY LOCATED AT APPROXIMATELY 2201 SOUTHWEST 26 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item PZ.10, please see "Public Comment for All Item(s). " Vice Chair Russell: PZ.10, 11, and 12 are all that's left on the PZ agenda. PZ.10, 11 are Commissioner Reyes' district. PZ.12 is Commissioner Watson's district. Is there a motion? Commissioner Diaz de la Portilla: So moved. Vice Chair Russell: Which? On all three items? Commissioner Carollo: I'm sorry, 10? We're doing all together or -- Vice Chair Russell: We -- they are two separate subjects. One is the land use and rezoning for an item in Commissioner Reyes' district and PZ.12 is a zoning text amendment for Commissioner -- Commissioner Carollo: And what item is in Commissioner Reyes' district? What number? Vice Chair Russell: 10 and 11. Commissioner Carollo: 10 and 11. Okay. So, we're doing those together? Vice Chair Russell: Yes. There's a motion for all three items. Seconded by the Chair. Commissioner Watson: Dealing with -- well, why don 't you deal with them separately? Vice Chair Russell: You'd like to do them separately? Commissioner Watson: Yeah. City ofMiami Page 160 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Diaz de la Portilla: So moved for to the first two. Vice Chair Russell: So, Commissioner Reyes, there's been a motion on PZ.10 and 11. How would you like to proceed? Commissioner Reyes: Move it. Commissioner Watson: Yeah. Vice Chair Russell: Motion and second by Commissioner Reyes. Is there any discussion to be had on PZ.10 and 11? Hearing none, does it need to be read into the record, please? Thank you. Microphone, please. Barnaby Min (Deputy City Attorney): Thank you. PZ.10. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: PZ.11. The Ordinance was read by title into the public record by the Deputy City Attorney. Vice Chair Russell: Thank you. Is there any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on PZ.10 and 11. PZ.12, Commissioner Watson. Commissioner Watson: Excuse me, I'm sorry Mr. Chair. Mr. Hannon, guess you didn't hear me. Can you reflect that 1 voted in favor there? In case you didn't hear me, can you reflect that I voted for the last item? Vice Chair Russell: Unanimous, yes. Todd B. Hannon (City Clerk): Yes. Five, six and seven I have a unanimous, 5/0. Thank you. City ofMiami Page 161 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 PZ.11 ORDINANCE First Reading 5134 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R," SUB -URBAN - RESTRICTED, TO "CS," CIVIC SPACE, OF THE PROPERTY LOCATED AT APPROXIMATELY 2201 SOUTHWEST 26 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item PZ.11, please see "Public Comment for All Item(s)" and Item PZ.10. PZ.12 ORDINANCE Second Reading 8040 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; SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.1, TITLED "DEFINITIONS OF BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3)," TO MODIFY THE DEFINITION OF INDUSTRIAL; AMENDING ARTICLE 3, SECTION 3.11, TITLED "WATERFRONT STANDARDS," TO ADD LODGING AS A USE CONSIDERED FOR THE DESIGN STANDARDS; AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES," TO MODIFY REGULATIONS FOR DENSITY AND USES FOR THE DISTRICT ZONE REGARDING LODGING USES; 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; AMENDING ARTICLE 6, SECTION 6.1, TITLED "INTENT AND EXCLUSIONS," TO PROVIDE SUPPLEMENTARY REGULATIONS FOR THE D1, "WORK PLACE," D2, "INDUSTRIAL", AND D3, "WATERFRONT INDUSTRIAL," TRANSECT ZONES IN TABLE 13; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13962 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Commissioner Diaz de la Portilla: I'll move it. City of _Miami Page 162 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Vice Chair Russell: PZ.12 has been moved by Commissioner Diaz de la Portilla, seconded by the chair. Mr. Watson. Commissioner Watson: I just did my question to Jeremy, or Mr. Pons, sorry. Are we dealing with just that one location or is the classification goes throughout the river on the north -side and it covers the whole river artery? Cesar Garcia -Pons (Director, Planning): That's a little bit difficult for me to hear you, Commissioner. Commissioner Watson: Is that same zoning classification Pr the entire river until it gets to our boundary, our western boundary? Mr. Garcia -Pons: If I heard you correctly, it's the reclassification is for all of DI (District 1). The difference being, will allow hotel by right in DI except for on the waterfront, and on the north side of the river and the waterfront, will be allowed by warrant as opposed to by right. Commissioner Watson: Okay. Mr. Garcia -Pons: If that was the question. Commissioner Watson: All right. Thank you, Mr. Chair. Vice Chair Russell: Thank you very much. Is there any further discussion? Hearing none, all in favor. Oh, you need to read -- Barnaby Min (Deputy City Attorney): Ordinance, Mr. Chair. The Ordinance was read by title into the public record by the Deputy City Attorney. Vice Chair Russell: Thank you very much. All in favor; say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes fbr PZ.12. END OF PLANNING AND ZONING ITEM(S) City ofMiami Page 163 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 NA.1 8557 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL CITY COMMISSION MEETING ON FRIDAY, FEBRUARY 5, 2021, AT 1:30 P.M. FOR THE PURPOSES OF TAKING ANY AND ALL ACTIONS IN RELATION TO ESTABLISHING THE CITY OF MIAMI'S LEGISLATIVE PRIORITIES FOR THE 2021 FLORIDA LEGISLATIVE SESSION AND THE 117TH UNITED STATES CONGRESS, AND FURTHER FOR THE ADDITIONAL PURPOSE OF ACCEPTING PROPOSALS FROM VARIOUS PRE -QUALIFIED FIRMS FOR THE PROVISION OF STATE AND FEDERAL LOBBYING SERVICES. ENACTMENT NUMBER: R-21-0051 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Commissioner Carollo: Briefly, can we set a meeting? Because we really need to put this all together. Can we set up a meeting for Friday, a special Commission meeting? Vice Chair Russell: That will be Friday, February 5th. Commissioner Reyes: 11:00. Commissioner Carollo: I think I might have the second shot, I think, that day. Can we make it in the afternoon? Commissioner Reyes: We could do that too. Commissioner Carollo: Say 1:30, 2:00? Vice Chair Russell: Earlier the better for me. Commissioner Carollo: 1:30? Vice Chair Russell: So, right after lunch. So, the idea is to set a 1:30 meeting on Friday with the special purpose of finalizing our legislative priorities list, correct? Commissioner Reyes: And give them marching orders. Give them marching orders. Vice Chair Russell: So, you're saying in that same meeting we'll select which lobbyists -- Commissioner Carollo: Exactly. Commissioner Reyes: Exactly. Vice Chair Russell: We do not want to let them make their case to each of us about where there specialists lie? City ofMiami Page 164 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Commissioner Carollo: We're -- we got how many farms are they all together? 11, that's a lot of farms. Each of us is smart enough and know enough people in Tallahassee to he able to do our homework and come here Friday, appraised of who could do what and, you know, go from there. But -- Vice Chair Russell: I just may not know which lobbyists may, have specialties or relationships on one of those legislative items. Commissioner Carollo: Well, then you're -- Vice Chair Russell: They're going to have to let me know. Commissioner Carollo: -- you're going to have your own consultant. The manager's got his, you know, our colleague over there. You've got to get your own. Vice Chair Russell: Well, I'm guessing they'll all be here on that day anyway, so we can ask them then. All right. So, that gives a pretty broad scope of the meeting. Is there anything else anyone would like to add to the meeting? Commissioner Carollo: Yes. Vice Chair Russell: So, why don't we set it. Commissioner Carollo: No, for the meeting that's fine. Now here, I do want to bring up -- Vice Chair Russell: You need a motion, Madam City Attorney, for that -- Victoria Mendez (City Attorney): It needs to be an amendment -- Commissioner Carollo: But for the special meeting. Ms. Mendez: Oh, for the special meeting, yes. Commissioner Carollo: There's a motion for the special meeting. Vice Chair Russell: There's a motion. Any second? Commissioner Diaz de la Portilla: I'll second. Vice Chair Russell: Second by Commissioner Diaz. Commissioner Carollo: And the reason for the special meeting are the reasons so stated here. If you need -- Vice Chair Russell: We got it. Thanks. Mr. Clerk -- Commissioner Carollo: Last one I believe we will approve, to be clear, all additional priorities that we want there. Vice Chair Russell: In that meeting. Commissioner Carollo: In the meantime. Well, let's -- Vice Chair Russell: Let's finalize that vote. Mr. Clerk, you had a question. City ofMiami Page 165 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Todd B. Hannon (City Clerk): Thank you, sir. Yes, 1 understand the purpose of the special meeting: finalize the city's legislative priorities list. And the second component, I just want to make sure I'm crystal clear. Was that the selection of the city's lobbyists? Vice Chair Russell: No. Mr. Hannon: So, what was the -- Vice Chair Russell: It may actually happen on that day as well. So, yes, we'd like to Ms. Mendez: Did you already vote on the item? Vice Chair Russell: Yes. Ms. Mendez: Okay. So, -- Vice Chair Russell: The pool is established? Mr. Hannon: Yes. Ms. Mendez: Right. Vice Chair Russell: And during the special meeting, after we -- we create the list of priorities, we may then assign which lobbyist will specialize and be hired for the different priorities. Ms. Mendez: All right. Vice Chair Russell: So, we'll give ourselves that much leeway during that meeting. M. Mendez: I think that any and all language related to lobbying, maybe. Vice Chair Russell: Keep it as broad as possible. Ms. Mendez: I mean, legislative priorities. Vice Chair Russell: We'll work with the City Attorney's office. Ms. Mendez: Yes. Vice Chair Russell: All right. There's a motion. There's a second. Any further discussion? Commissioner Reyes: No. Call the question. Vice Chair Russell: All right. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. Ms. Mendez: Chairman? Commissioner Carollo: Okay. I have one -- City ofMiami Page 166 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 NA.2 8558 City Commission Ms. Mendez: The only thing 1 just want to tell you. 1 have a doctor's appointment that took me months to get for that date. So, 1 will leave you in the capable hands of Mr. Min? Vice Chair Russell: Mr. Min? Oh, forget it then. I'm kidding. I'm kidding. Commissioner Diaz de la Portilla: We don't need to cancel the meeting, right? Vice Chair Russell: We loved Barnaby. All right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO ENACT LEGISLATION THAT WOULD AMEND CHAPTER 166, SECTION 166.411, FLORIDA STATUTES, ENTITLED "EMINENT DOMAIN; USES OR PURPOSES," BY AMENDING SUBSECTION 9 TO READ AS FOLLOWS: "FOR CITY BUILDINGS, WATERWORKS, PONDS, AND OTHER MUNICIPAL PURPOSES WHICH SHALL BE COEXTENSIVE WITH THE POWERS OF THE MUNICIPALITY EXERCISING THE RIGHT OF EMINENT DOMAIN, WHEREBY `OTHER MUNICIPAL PURPOSES' SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE MUNICIPALITY UTILIZING ITS RIGHT OF EMINENT DOMAIN TO EXPROPRIATE NON -HOMESTEAD REAL PROPERTY IN ORDER TO CREATE HOMEOWNERSHIP -HOUSING FOR PERSONS OF LOW -TO -MODERATE INCOME, AS DEFINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AS DETERMINED BY THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ON AN ANNUAL BASIS, AND WHEREBY THE AFOREMENTIONED HOMEOWNERSHIP -HOUSING MAY CONTAIN MUNICIPALLY -OWNED RETAIL -SPACE ON THE STRUCTURE'S FIRST FLOOR IN COMPLIANCE WITH ALL APPLICABLE LAND USE AND ZONING REGULATIONS, AND WHEREBY THIS PARAGRAPH IS NOT SUBJECT TO THE LIMITATIONS OF S. 73.013 AND THIS PARAGRAPH IS NOT IN VIOLATION OF THE PROVISIONS OF S. 73.014"; FURTHER DIRECTING THE CITY MANAGER TO MAKE THIS A STATE LEGISLATIVE PRIORITY FOR THE CITY OF MIAMI DURING THE 2021 LEGISLATIVE SESSION; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE. ENACTMENT NUMBER: R-21-0052 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: Commissioner Carollo, you had something else? Commissioner Carollo: Yes. I have one priority that I think will be the priority of all of us up here that I liked to get approved today. And this is going to be a addition City ofMiami Page 167 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 to section 166.411 Florida Statute that's amended to read. We will put a number nine, and in the part that says for city buildings, water works, ponds, and other municipal purposes, which shall be co -extensive with the powers that the municipality exercising the right of eminent domain. It will include -- and we're adding -- whereby other municipal purposes shall include but shall not be limited to the municipality utilizing its right of eminent domain to appropriate non -homestead, real property, in order to create homeownership housing for persons of low to moderate income as defined by the United States Department of Housing and Urban Development as determined by the Secretary of the United States Department of Housing and Urban Development on an annual basis, and whereby the aforementioned homeownership housing may contain municipal -owned retail space and the structured first floor in compliance with all applicable land use and zoning regulations. And whereby, this paragraph is not subject to the limitations of Statute 73.013. And this paragraph is not in violation of the provisions of Statue 73.014. In Miami 21, we have the retail component, that's why we added that. But this is so that if we have to do eminent domain on any properties, that we would have no problem being able to do the homeownership housing, as we had discussed here today. Commissioner Reyes: Is that -- does those -- through the chair, does that have to be presented to the state legislature? Vice Chair Russell: It has -- Commissioner Carollo: On this, yes. Commissioner Reyes: Would that be one of our priorities? And that be included in the list of priorities? In addition, I have one that is also -- Vice Chair Russell: Can we do it next Friday? Coniniissioner Reyes: -- by Friday we do it -- Vice Chair Russell: Because I have some too but just keep going. Commissioner Reyes: Because everyone's priorities -- Commissioner Carollo: The problem is that this one in particularly, we have to try to move as quickly as we can if we're going to get this done. I don't mind listening to others and approve ready so that we get some in the tank already and maybe we can move on to the rest. I got people that are waiting to get this approved today so they can sponsor it. So, this is why I really would like to move us forward. Commissioner Reyes: You want us to --1 mean, vote on everybody's priori Commissioner Carollo: I don't mind. Vice Chair Russell: I don't want to do it today. Commissioner Carollo: Whatever you have now. Mr. Noriega: See, the thing is -- Vice Chair Russell: Do you have one specific question -- Commissioner Reyes: You have one specific item? Vice Chair Russell: All right. Mr. -- City ofMiami Page 168 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 NA.3 8559 City Commission Commissioner Reyes: Yeah, let's get the City Manager -- Vice Chair Russell: So, this is direction from Commissioner Carollo to add this to the list, so I think the manager's got that now. It's been memorialized on the record. Commissioner Carollo: What I want is more than for me, I want to be able to have the Commission approve it too. Vice Chair Russell: There's a motion to add Commissioner Carollo's item to the legislative priorities list. Commissioner Reyes: Okay. Vice Chair Russell: And there's a second by Commissioner Reyes? Commissioner Reyes: Yes, sir. Commissioner Carollo: Look, I think this is one that you'll want to be co-sponsor because -- Vice Chair Russell: It's a good one. Commissioner Carollo: -- we'll talk about it. Vice Chair Russell: It's very strong. Commissioner Diaz de la Portilla: I want to co-sponsor that too. Commissioner Reyes: Yeah, let's all co-sponsor -- Vice Chair Russell: Fair enough. Commissioner Watson: Me too as well. Vice Chair Russell: All right. So, unanimous co-sponsorship. Is anyone here from would like to make a public comment about this motion? Seeing none, I'll close public comment. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Commissioner Carollo: Thank you. We will start moving at it right today. Vice Chair Russell: Thank you very much. All right. DISCUSSION ITEM COMMISSIONER ALEX DIAZ DE LA PORTILLA RECOGNIZED YARIEL DIAZ FOR HIS SERVICE AS A CITY OF MIAMI EMPLOYEE AND WISHING HIM ALL THE BEST IN HIS FUTURE ENDEAVORS. RESULT: DISCUSSED Vice Chair Russell: Mr. Diaz de la Portilla. City ofMiami Page 169 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 NA.4 8560 City Commission Commissioner Diaz de la Fonda- Mr. Chairman, I want to recognize his last day - - it's not a question for you, Mr. Casamayor. I just want to recognize Yariel Diaz. 1 want to recognize you for your service to the City of Miami. I know today's your last day. You're moving on to greener pasture. So, congratulations for your work and thank you for the work you did for our city. Vice Chair Russell: Thank you, Yariel. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO ENGAGE THE EXPERT CONSULTING SERVICES OF MR. MIGUEL DE GRANDY, ESQ. IN ACCORDANCE WITH SECTION 18-116 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") IN THE SAME MANNER AS WAS PREVIOUSLY ACCOMPLISHED WITH MR. GALVANO FOR THE PURPOSES OF THE DEVELOPMENT AND IMPLEMENTATION OF A REDISTRICTING PLAN FOR THE CITY OF MIAMI; FURTHER DIRECTING THE CITY MANAGER TO BRING ANY REQUIRED CONFLICT WAIVERS TO THE CITY COMMISSION FOR CONSIDERATION AT THE NEXT AVAILABLE CITY COMMISSION MEETING AFTER THE CITY MANAGER FINALIZES THE PROFESSIONAL SERVICES AGREEMENT. ENACTMENT NUMBER: R-21-0053 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Commissioner Watson: 1 need to make that in the form of a motion or --? Commissioner Carollo: Yeah. Form a motion to instruct to the Manager to -- Commissioner Watson: So, 1'd like to make a motion directing the manager to engage Mr. De Grandy and Mr. Hans Helmut, maybe you can get his information as well to be a part of redistricting effort so we can move forward in this process. Arthur Noriega (City Manager): Would you like me -- because you used the word engage -- would you like me to solicit a proposal from him and bring an agreement back to the Commission? Commissioner Carollo: Well, that wasn't done before. So, -- Commissioner Watson: Yeah. Commissioner Carollo: -- unless there's some problems in the process. You can come to an agreement with him and do it like you did before. Mr. Noriega: Okay. Commissioner Carollo: If there's a problem that arises, financial problem, then certainly. And I would say further to be right upfront, if there are any -- Madam City Attorney, can we get you there now? We need the top legal right advisor. City ofMiami Page 170 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 Victoria Mendez (City Attorney): Right. Remember that we are -- we're -- we are asking the manager, but the Manager is under his discretion to -- pursuant to his powers to contract, consulting. Commissioner Carollo: He didn't have any problems with Galvano like that. I don't think there's going to be any problems there. Ms. Mendez: Well, we're really limited on the experts right now. So, -- Commissioner Carollo: Yeah. But that's why I said if there's any financial problems that he runs into, he could bring it back to us. But if there are any conflict waivers, do we need to deal with that now or just bring it back in the next meeting? Ms. Mendez: When we get the actual conflicts as present conflicts -- Commissioner Carollo: Yeah. Ms. Mendez: -- we'll bring it back to you. Commissioner Carollo: Okay. And this is just normal. He represents as we all know -- Ms. Mendez: Right. But I mean, you can waive it. I can't and neither can the manager. So we'll bring it back. Commissioner Carollo: That's why I'm saying that, you know, you put it in the next meeting then once the manager is finalized his contract with them and it can be put in the next meeting. The very next meeting, Mr. Manager, so that we can deal with it all. Ms. Mendez: Will do. Commissioner Carollo: I -- okay. That's it. There's a motion by -- Vice Chair Russell: Yes, there's a motion. And a second? Commissioner Carollo: -- Commissioner Watson, second by Commissioner Reyes. Vice Chair Russell: Thank you. Is there any public comment on this motion? Seeing none, I'll close public comment. All in favor of the items, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City ofMiami Page 171 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 NA.5 8565 City Commission DISCUSSION ITEM UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE FEBRUARY 11, 2021 MIAMI CITY COMMISSION MEETING. THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE CASE OF ERNESTO CUESTA, ET AL. VS. CITY OF MIAMI AND WEST FLAGLER ASSOCIATES, LTD., CASE NO. 20-006298 CA (43), PENDING BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, AND WEST FLAGLER ASSOCIATES, LTD. VS. CITY OF MIAMI, CASE NO. 19-CV-21670-RNS, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION WHICH INCLUDE VICE-CHAIRMAN KEN RUSSELL AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, JOE CAROLLO, MANOLO REYES, AND JEFFREY WATSON; CITY MANAGER ART NORIEGA, V; AND ATTORNEY RAQUEL RODRIGUEZ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Victoria Mendez (City Attorney): Commissioners, could I really briefly -- well, Mr. Min, because he does it faster -- the script for our attorney -client privilege meeting that I want to ask you to have next meeting? Commissioner Carollo: Sure. Vice Chair Russell: Yes. Barnaby Min (Deputy City Attorney): Mr. Chairman, members of the City Commission, pursuant to provisions of Section 286.011 subsection 8 of Florida Statute, the City Attorney's requesting that at the City Commission meeting at February 11, 2021 an attorney -client session closed to the public be held for the purpose of discussing the pending litigation and the matters of Ernesto Cuesta et al. v. City of Miami, et al., case number 2020-006298-CA-43 pending on 11 th in Miami - Dade County, 11 th Judicial Circuit; and West Flagler Associates v. City of Miami, case number 19-CV-21670-RNS pending in the United States District Court for the Southern District of Florida to which the city is presently a party. City ofMiami Page 172 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 NA.6 8368 Office of the City Clerk Vice Chair Russell: Is that it? Mr. Min: No, I'm sorry. The -- the subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will begin at approximately 10:00 a.m. or as soon thereafter the Commissioners' schedules permit and conclude approximately one hour later. The session will be attended by the members of City Commission, which include Commissioners Ken Russell, Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, and Jeffrey Watson, City Manager Art Noriega, and outside counsel, Raquel Rodriguez. A certified court reporter will be present to ensure the session is fully transcribed and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney -client session the regular Commissioner meeting will be reopened and the person chairing the Commission meeting will announce the termination of the attorney -client session. Thank you, Mr. Chairman. Vice Chair Russell: Thank you. You don't need an action, do you? You don't need an action, you just stated? All right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI 21 REPORT AD HOC TASK FORCE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Iris Escarra ENACTMENT NUMBER: R-21-0054 NOMINATED BY: Commissioner Jeffrey Watson MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Commissioner Carollo: We have anything else on that we forget? Anything? Vice Chair Russell: Commissioner Watson has an appointment as a pocket item. Commissioner Watson: Yes, Mr. Chair. 1 do. I'd like to appoint Ms. Iris Escarra to the Miami 21 Ad Hoc Taskforce in the category of Florida -- member of the Florida Bar. Vice Chair Russell: There's been a motion. Commissioner Carollo: There's a second. Vice Chair Russell: Second by Commissioner Carollo. Commissioner Carollo: I was wondering what she was doing here. I thought maybe, you know -- you weren't representing Jungle Island? Vice Chair Russell: There's been a motion. There's been a second. Any further City ofMiami Page 173 Printed on 07/17/2024 City Commission Meeting Minutes January 28, 2021 ADJOURNED discussion? Commissioner Carollo: Yeah, yeah. You can, just see how grateful people are of me. Some character that was here today sent me a text. He says: Thanks for all the publicity today. Vice Chair Russell: All right. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): You need a public hearing, sir. Vice Chair Russell: Need a public hearing for this item as well? Thank you. Prior to the vote, please. Is there anyone who would like to speak on the item? Closing public comment. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Is there any further business for the dais? All right. Thank you very much for your advocacy, your patience, your involvement. We are now adjourned. Thank you, gentlemen. The meeting adjourned at 7:17 p.m. City ofMiami Page 174 Printed on 07/17/2024