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HomeMy WebLinkAboutCC 2021-07-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 22, 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 July 22, 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 22nd day of July, 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 9:54 a.m., recessed at 10:30 a.m., reconvened at 10:36 a.m., recessed at 1:47 p.m., reconvened at 4:04 p.m., recessed at 5:41 p.m., reconvened at 6:10 pan., and adjourned at 8:44 p.m. Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at 10: 04 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Vice Chair Russell: Good morning. Sorry for the late start. Some nice proclamation items to come as well, so I appreciate your patience. Welcome to the July 22nd, 2021 meeting of the City of Miami City 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/or quasi-judicial items will be explained by the City Clerk. The members of City Commission appearing for this meeting are Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, Jeffrey Watson, and me, Ken Russell, the 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 by Commissioner Reyes, as well as the Pledge of Allegiance led by Commissioner Watson. Please stand. Commissioner Reyes: Please how your heads. Invocation delivered. Commissioner Reyes: Thank you. Pledge of Allegiance delivered. Vice Chair Russell: Thank you. You may he seated. PART A - NON -PLANNING AND ZONING ITEM(S) ORDER OF THE DAY Vice Chair Russell: Mr. Min, please state the procedures to be followed during this meeting. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Any person who's a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with related city, requirements for lobbyists before appearing before the City City ofMiami Page 1 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commission. A person may not lobby a city official, board member, or staff member until registering. A copy of the code section about lobbyists available in the City Clerk's Office or online at municode. com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this code section is available at the Office of the City Clerk or online at municode.com. The City of Miami requires that anyone requesting action by the City Commission must disclose, before the hearing, any consideration provided or committed to anyone for agreement to support or withhold objection to a requested action pursuant to Section 2-8 of the City Code. Any documents offered to the City Commissioners that had not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commissioner's discretion. If any Commissioner thinks that documents supplied to the Commission fewer than seven days before merits a continuance, the item may be continued by the City Commission. Pursuant to Section 2-33(f) and (g) of the City Code, the agenda materials for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. Public comment will begin when the Chairman opens the public comment period and will be closed by the Chairperson. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit 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 and will be distributed to the elected officials and city's administration throughout the day so that the elected officials can consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials up until the time the Chairperson closes public comment. Public comment may also be provided live at City Hall at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will he spoken about. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on the items and topics to be discussed in today's Commission meeting. Pursuant to Section 286.014(4)(c), Florida Statutes. 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 any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at miamigov.com. Planning and Zoning items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code as temporarily modified pursuant to Emergency Ordinance Numbers 13903 and 13914. Pursuant to the emergency ordinances, parties for any PZ (Planning and Zoning) items, including any applicants, appellants, appellee, city staff and any person recognized by the decision -making body as a qualified intervenor, as well as the applicant's representatives and any experts testdying on behalf of the applicant, appellant, or appellee may either be physically present at City Hall to be sworn in or -- by oath or affirmation by the City Clerk, or may appear virtually and make arrangements to be sworn in by oath or affirmation in person at their location by an individual quaked to perform such duty. Pursuant to Emergency Ordinance Number 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. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice, pursuant to Florida Statutes Section 286.015 and Section 7.1.4.5 of the Miami 21 Code. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will present its application of City ofMiami Page 2 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 request to the City Commission. If the applicant agrees with the staff's recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 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. Please silence all cell phones and other noise -making devices. This meeting can be viewed live on iniamitv.coin, the City's Facehook page, the City's Twitter page, the City's YouTuhe channel, and Comcast Channel 77. Broadcasts will also have closed captioning. Thank you, Mr. Chairman. Vice Chair Russell: Thank you. Good morning, Mr. Clerk, how are you? Todd B. Hannon (City Clerk): Morning, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows: The members of City staff or any individuals required to be sworn and 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 and 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 -- may be sworn in at their location by an individual qualified to administer the oath. After you are sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please 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 all the notice provisions set forth in these uniform rules and procedures we've established with this meeting? Vice Chair Russell: Yes. Thank you. Mr. Hannon: Chair; may I administer the oath for the Planning and Zoning items? Vice Chair Russell: Yes, please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If you'll be speaking on any of today's Planning and Zoning items, any of today's Planning and Zoning items, may 1 please have you 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. (COMMENTS MADE OFF THE RECORD) Mr. Hannon: Thank you, Chair. Vice Chair Russell: Thank you very much. [Later...] Vice Chair Russell: All right. Mr. Manager, we can now set the agenda and we'll be deferring to the correct date, September 13th. Commissioner Reyes: 13th. City ofMiami Page 3 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Arthur Noriega (City Manager): Good morning, Mr. Vice Chair, Commissioners, Madam City Attorney, and Mr. City Clerk. This time, the Administration would like to defer and/or withdraw the following items: RE.11, to be deferred to September 13th; and FR.2, to be deferred to September 23rd. That concludes the items. Vice Chair Russell: Okay. That is RE.11, Little Haiti Revitalization Trust -- Commissioner Reyes: And FR.2. Vice Chair Russell: -- and FR.2, the scooter ordinance. Victoria Mendez (City Attorney): Mr. Manager? Vice Chair Russell: Yes, Madam City Attorney. Ms. Mendez: Will you also be deferring the discussion item on scooters? Vice Chair Russell: Yes, please. Mr. Noriega: Same. Yeah. Ms. Mendez: And then I will be requesting a deferral on PZ.13. Commissioner Reyes: Which one? Ms. Mendez: PZ.13, the zoning text change with regard to RTZs (Rapid Transit Zones). Vice Chair Russell: What is -- what is the request on that item? ills. Mendez: I'm sorry? Vice Chair Russell: We can't hear you, Victoria. Ms. Mendez: PZ.13, I'll be requesting a reset to the next meeting in September. Vice Chair Russell: The first or the second meeting in September? Ms. Mendez: First. Commissioner Reyes: PZ.13, which one -- Vice Chair Russell: September 13th. Mr. Noriega: That was September 13th. Ms. Mendez: Thank you. Vice Chair Russell: That's PZ.13, the item regarding RTZ zoning -- Commissioner Reyes: Okay. Vice Chair Russell: -- for September 13. Mr. Manager, I understand there are some applicant requests on PZ (Planning and Zoning) items that are requesting a deferral, if the Planning and Zoning Director would like to let us know. Mr. Noriega: Yeah. City of Miami Page 4 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Okay. You can continue. Iris Escarra: Good morning, everyone, Iris Escarra. 1'in requesting for PZ.1 to be deferred to the first meeting in October. Commissioner Reyes: PZ.1. Vice Chair Russell: Let me get you a date. That's October 14th? Ms. Escarra: Yes, sir. Vice Chair Russell: All right. Thank you. Is there anyone else from the PZ agenda that would like to see an item deferred, continued, or withdrawn? An applicant. Is that it, Cesar? I thought there were more than one. Is there another item to be deferred? (COMMENTS MADE OFF THE RECORD) Todd B. Hannon (City Clerk): And, Chair, while we're waiting, I believe I heard the City Attorney mention DL4 -- DI (Discussion Item) -- I'm sores. Vice Chair Russell: DL2. Mr. Hannon: D1.2. The discussion item DL2 will also be deferred to September 13th? Vice Chair Russell: 23rd. Mr. Hannon: September 23rd. Yes. Okay. Understood. Vice Chair Russell: Cesar, which item was it just so we can -- we'll make our own decision? Cesar Geller: Hello. Vice Chair Russell: Mr. Geller. Mr. Geller: Hello, Chair. At this time, on behalf of the applicant, we would like to ask for item RE.9 to be deferred to the September meeting. Vice Chair Russell: So, RE.9, that is Commissioner Carollo 's item, if I'm not mistaken. So, that's up to you. Commissioner Carollo: We will deal with it later. Vice Chair Russell: Do you want a microphone? Ms. Mendez: This is the -- the St. James items, RE.9. Commissioner Carollo: I stated, Chair, that we'll deal with it later. Vice Chair Russell: So, you'd like to keep it on the agenda for now? Mr. Geller: Thank you. Vice Chair Russell: May or may not be deferred at that time, but we're going to take it up on the agenda. So, I'm going to move to commissioners, if there are any items that they'd like to see withdrawn, deferred, or continued from the agenda. Commissioner Reyes: Mr. Chair. City of Miami Page 5 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Yes, .sir. Commissioner Reyes: IfI may. You see, on PZ.11, I did ask my, office -- I asked for the -- for a covenant on the rentals. You see, I wanted to know what was going to be the rentals, and I haven't received any. Vice Chair Russell: This is PZ.5? I mean, PZ.11. Commissioner Reyes: PZ.11. Vice Chair Russell: Got it. This is a District 5 item, Commissioner Watson. Commissioner Reyes: That's right. And I -- I just want to know, when are we going to get the - - the covenant. Remember that we talked about it? Ms. Escarra: Yes, sir. I was actually here at the last meeting, and I was the one that proffered the covenant. We apologize, but we weren't able to get it in on time for everybody - - all the departments to review and so forth. So, we would ask to be on your September 13th agenda, the first meeting. I'm here on behalf fof my colleague. Commissioner Reyes: Okay. Vice Chair Russell: So, PZ.11 is a request for a deferral? Ms. Escarra: Yes. Commissioner Carollo: Now, Chair -- Vice Chair Russell: September 13th. Commissioner Carollo: Now, I -- I have a couple of other items that 1 want to defer, but I'm going to ask for a deferment longer than for next meeting, so I guess I'll keep them out of this bunch. Vice Chair Russell: No, that's fine. You can just set a date. Commissioner Carollo: Okay. All right. So, I will ask for RE.13 and RE.14 to be deferred to the second meeting in November. Commissioner Reyes: RE.13? Commissioner Carollo: And 14. Vice Chair Russell: We only have one meeting in November, so that would be the 18th. Commissioner Carollo: Okay. The 18th, November. Vice Chair Russell: You want to come back for a second meeting? Commissioner Diaz de la Portilla: Well, this is -- this is -- no. This is an issue that -- that I think we need to discuss. This is a -- this is a ballot language that would give the citizens of Miami an opportunity to pick between what's a better deal for Miami. So, I think that we have an item on the agenda that basically gives a -- a marina to a single vendor that we need to have a debate about whether a different vendor can provide more dollars, a better marina for Miami. And let the citizens of Miami decide in November, whether -- which of the two they want, or both. And then whichever this Commission conies back -- eventually, it has to City ofMiami Page 6 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 come hack to this Commission and eventually, it's going to need four votes for it to ever happen. So, it's better to have the conversation now than to wait and continue to delay, and to do anything that favors a particular vendor over another vendor that I think is offering a better product, at least on paper. And perhaps they can have that conversation today and we can hear it. But to defer it is just sort of eliminate what Commissioner Reyes spoke about, which is competition. Competition for any marina or for any products in the City of Miami, a debate about it -- an honest debate and to give the citizens of Miami an opportunity to vote on something. But to try to eliminate that option and only offer one option, you're basically circumventing -- first of all, we had requested an RFP (Request for Proposals) process from the beginning. I think Commissioner Reyes had said, let's have the City take the marina back and then the -- let's do an expedited RFP. That was the original intent. That never happened. I spoke to the Manager at the time and -- we publicly spoke to the Manager, and also privately and said, let's have an RFP expedited that he could do it in 21 days. Then we went through a whole unsolicited bid and that whole process. There's a lot of history attached to all this. This is something that's been going on for seven years now. So, what we need to do, I think, is have a conversation about what other options are available to Miamians to build a world -class marina in Miami. Why limit the conversation to one vendor, one issue, and it's -- it's giving preferential treatment to a particular vendor, and I think that's wrong. I think it's anti -competitive. I think it's anti-American; it's anti -capitalism, and it's singular to one particular person. I think it's favoritism at its worst. Commissioner Reyes: Mr. Chair? Vice Chair Russell: Yes, sir. Commissioner Reyes: My name was -- came up. 1 -- I stand for my position that has been always my, position on Melreese. It was my position any time that we have the ability to ask for a com -- competitive bidding. I -- I -- that was my, -- my proposal from day one. I will not vote for any -- any of the -- I mean, to take the four -fifth strategy, which I am totally opposed to it, unless it is only one vendor. Because I think that that is in order to circumvent the -- the request -- I mean, that the -- the -- the Charter directive that all City of Miami property should he placed in a -- a -- an RFP should he -- should be offered and -- and it should he subject to competitive bidding. That happened with the -- with the park. I voted against it, and I will vote against -- and that -- that -- it is -- I -- I don 't believe that is the way to do business. I believe that we should have an RFP, have competitive bidding, who are real professionals that they are very knowledgeable of whatever we are bidding will be the ones that are going to make the decision and are going to make the recommendation which of the offers is better for the City of Miami. And I --1 mean, deferring or not deferring it, you see, I will vote against it anyways. Vice Chair Russell: Thank you to both Commissioners with dissenting opinions. This was brought up at the last meeting, and there was a vote, 3-2, to place the item on -- Commissioner Reyes: Yeah. Vice Chair Russell: -- the ballot and to -- to create the language, and then bring it back this meeting to place on the ballot. Commissioner Reyes: Okay. Vice Chair Russell: So, if that's the -- the will of this Commission -- Commissioner Reyes: If it is the will of the Commission, I will accept it, but not with my, blessing. Vice Chair Russell: So -- so, my -- my question is, why is there a second item on the agenda now contravening that majority will? City ofMiami Page 7 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: Well, if1 could speak -- Vice Chair Russell: Yes, Commissioner Carollo, then Commissioner de la Portilla. Commissioner Carollo: I disagree with just about every statement that Commissioner Diaz de la Portilla has made here because they are not accurate or factual on the history -- long history of what has happened with this marina and this process. Having said that, he's made his statement -- he's made his statement, presented his case. What I think we should do is -- we have a very long, long agenda, and let's see where the Commission stands. [Later...] Vice Chair Russell: Let's just finish the order of the day, and then we can get into public comment. And then before we -- once we break for lunch, we'll take up the CRA meeting and we'll just be running behind on a little bit of everything. So, for the order of the day, are there any other items to be withdrawn, deferred, or continued from the Commission other than what the Manager has said already, and other Commissioners have said already? Todd B. Hannon (City Clerk): Do you want me to read that list again? Vice Chair Russell: Sure. Mr. Hannon: Understood. To defer to September 13th, RE.11; to defer to September 23rd, FR.2; to defer to September 13th, PZ.13; to defer to October 14th, PZ.1; to defer to September 23rd, DI.2; to defer to September 13th, PZ.11. And that's all I have. Vice Chair Russell: That is what I have as well. All right. Is there a motion on the order of the day? Commissioner Diaz de la Portilla: So moved. Vice Chair Russell: Move by Commissioner Diaz de la Portilla, seconded by the Chair. All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you, everyone. [Later...] Vice Chair Russell: We have a quorum? 1'd like to reengage with resident comment -- public comment. Before that, 1 understand there's a couple of requests for deferral of items remaining on the agenda. Mr. Recio, you're recognized. Tony Recio: Tony Recio, law office at 2525 Ponce de Leon Boulevard, here on PZ.2 and PZ.3, and requesting -- based on the time here, requesting a deferral to the September 26th agenda. Vice Chair Russell: PZ.2 and PZ.3 to September 26th? Mr. Recio: Yeah. Todd B. Hannon (City Clerk): September -- September 23rd? That's the second meeting in September. Mr. Recio: 23rd. Okay. I apologize. I had the wrong date. City of Miami Page 8 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Correct. 2 and 3 to September 23rd. Neisen Kasdin: Mr. Chair? Vice Chair Russell: Yes. Mr. Kasdin: May I briefly address that? Neisen Kasdin, Akerman, representing Miami Design District. One thing we would like to just say with respect to this -- and we have a motion to intervene. Don't want to argue that now. And if we get adequate time in the fissure, we would be satisfied. But Mr. Chair, we would like to make sure that there is sufficient notice given to all the major property owners and neighborhood associations, ourselves, the Design District, Bay Point, Morningside, Buena Vista East, all of which found out about this most recent hearing in the last few days, and all of which have come out against this. And so we want -- we'd like adequate notice. We'd also like to point out that this has been kicking around since 2017. And so, it's time to -- to bring this issue to closure. I will also say all of this -- we -- we -- we do -- we believe that this item isn't -- in itself, not properly before you. We've addressed that in our correspondence to you and the City Attorney and the planning staff. Just wanted to make that statement for the record. Vice Chair Russell: Thank you. Both the applicant and the Department will go through all appropriate noticing procedures for the next hearing for September 20 -- what did we say -- 3rd. You got me confiesed now. September 23rd? Mr. Recio: September 23rd. Vice Chair Russell: And if it's not properly noticed, we won 't hear it, so -- absolutely. Thank you. Is there any other item to be -- seeking a deferral before I take a vote on all of them once? This was -- PZ.2 and 3 was requesting a September 23rd deferral. And this one is? Mr. Diaz: PZ. 7 and PZ.8. Vice Chair Russell: PZ.7 and 8. To what date, sir? Mr. Diaz: Same date, September 23. Vice Chair Russell: Makes it easy. All right. Let's clear this agenda. All right. Is there a motion for PZs 2, 3 -- 2, 3, 7, and 8? Is there a motion? Commissioner Reyes: Move it. Vice Chair Russell: Moved by Commissioner Reyes, seconded by the Chair. Any further discussion? All in favor, .say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Thank you. Made our afternoon a little bit shorter. City of Miami Page 9 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 PUBLIC COMMENTS FOR ALL ITEM(S) 9456 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE JULY 22, 2021 CITY COMMISSION MEETING. RESULT: PRESENTED Vice Chair Russell: We'll now move into public comment. You will have -- we're going to take up public comments at 1:00 p.m., and then those who don't make it through will have to when we reconvene the meeting after lunch. 1 apologize about that. So, each of you will have two minutes to speak on your item. Please state the item on the agenda on which you are here to speak. If you are not here to speak on an agenda item, I please ask that you allow someone who is here to speak on an agenda item to go first because they are here on a timely fashion to be speaking about something that is -- that is taken up in the business of the day. So, all we need is your name. You don 't have to state your address, but I need your name, the item you 're speaking on, and you have two minutes. You'll hear a beep at about 30 seconds. Please wrap it up at the end of that 30 seconds so I don't have to remind you and we can go right into the next person. We do value your opinion, but we need to be fair and get to everyone as efficiently as possible. Good morning. You are recognized. Zulnaanie Paden: Yes. Can Igo? Vice Chair Russell: Yes. Ms. Paden: Yes. Thank you so much. My God. What an incredible teaching all of you has given us on one what a negotiation should look like. So, first of all, my name is Zulmanie Paden (phonetic), and I am here for RE.5, 9731 about the emergency housing situation that we're going through right now. Thank you everybody for listening and paying attention because this can happen to all of you. So, thank you, first of all, to everybody in the last meeting, for all the Commissioners -- .Ieffey Watson that put into word and Ken Russell. Excuse me, that helped us mediate with the lawyers of Aimco. I really appreciate that effort that you put in for that to happen. I did absolutely everything that the lawyers and the media -- in the mediation table and our lawyer requested us to do. Vice Chair Russell: Please, everyone, if you're having conversations, please take it outside. Sorry to interrupt. Ms. Paden: Thank you so much .for that. So, I did absolutely everything that 1 was requested to do. And unfortunately, there's been a disconnect in the process with the lawyers. And I'm still in a situation where I still feel-- they have still sent me yet another letter threatening me that if I stay in this apartment, I'm going to be a holdover tenant. So, at this point, what I've learned is that if you do everything that I was called to do with your help, and I still don't have a solution to my situation because they have not followed through with me, even though I'm doing everything, I don't know what else to do. But what I do know, that I have been looking at the laws, that I've been going across the United States, is that the government under this pandemic situation does have the power to override many things under this City ofMiami Page 10 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 emergency situation. So, 1 really need help because I still have not given the resources that 1 need to be able to move out. Vice Chair Russell: Got it. If there is a disconnect that we can solve today, what I'd like to ask is if there's a representative ofAimco or their attorneys -- are they here? Unidentified Speaker: Yes, they are. Vice Chair Russell: All right. I will let the residents commandeer my office if you -- you can speak here in public comment, but as they have issues that the address, 1 don't want you to come up here and respond to them and go back and forth. I'd rather you all meet in my office and see if you can get some resolution. Ms. Paden: Today? Now? Vice Chair Russell: Yes. Ms. Paden: So, how many residents right here from Hamilton on the Bay? Can you please stand up. Okay. So, at what time can -- are we going to have that meeting? Vice Chair Russell: No -- no, this is one -by -one. Anyone who's got a specific issue, because I know they're dealing with residents individually. I'm making my office available for all of you. And since the lawyers are here and you're here today, hopefidly you can get some resolution. Ms. Paden: But the thing is that in -- in order for us to have a group mediation -- this one-on-one process', I'm here to tell you that it's not working, right? So, me sitting again with the lawyers to say the same thing that I already did, an e-mail that I already sent, information that 1 already gave and me getting an e-mail saying that I'm going to be a holdover tenant, is the response that I got without any response from them. It's not going to be helpful because it's just another conversation. Can we have a meeting with you and all of us and the lawyer, so you can actually really be a mediator and see what's going on and we can come to a conclusion? Vice Chair Russell: Sure. I'm -- and I'm happy to do that. I've -- I've -- I did mediate the first situation with you all and I'm happy to continue to help. That's part of my job. That's my role. And so, I'm -- I'm -- I'm happy to set that venue for you. But what I'm hoping is today, at least, if there is a disconnect where you've made a request and haven't gotten an answer, that you have a face-to-face with them now, independently. Ms. Paden: 'just had a face-to-face this week. Vice Chair Russell: Okay. Ms. Paden: And they -- and they said they will get back to me -- Vice Chair Russell: Okay. Ms. Paden: -- and they will help, and it hasn't happened. And in the meantime, we have spent all this time speaking about a marina, which I understand it's very important for Miami, but I am going to be a tenant. There's all these people that are going to be out of a home in a month from now, and I'm doing absolutely everything. I don't know what else to do. I don't know how to be nice, patient, polite. What else do I have to do? Do I have to be screaming like Carollo and Alex de Portilla [sic] to be heard and understood and helped? I don't know what else to do. City ofMiami Page 11 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Ma'am -- ma'am — Commissioner Watson: The -- the problem, Mr. Chair — Ms. Paden: Emotionally, I'm in a stress. I'm in pills. I cannot build my business. What else do I do? I need your help today to sit down with all of us. We are here with the lawyer just the way you just both did with this bidder about a marina. Because it's my life and I'm a constituent. Vice Chair Russell: Ma'am -- ma'am — Commissioner Watson: Yeah, and that -- that sounds good -- Mr. Chair, let me just say a word quick. Vice Chair Russell: Yes. You are recognized. Commissioner Watson: That sounds great, but here's the problem. The marina we talked about is our asset. The attorney for them is right behind you, and you're talking about their asset. And so, what the Chair offered -- you should go back there now and talk to him right there because that's who I spoke to to make sure I did what I did. So -- and they've -- and they've answered individually. You should go back there right now with him. And if it doesn't get an answered, when you come out, then you come back. But in fairness to us, we were talking about our asset. That's what's been offered because we have no ability, to affect that client -- that man's client's business. We don't. We've already said that. So, right now, what he's offering is to make sure before you leave today, you get some sort of satisfaction. Because hollering and screaming is not going to get it for you. And I understand what you're saying, but you are a renter in a building that has gotten sold to someone, and he's here. I would take an opportunity to talk to him to figure out something right now. That's what I would do. If that's all that you've done, then you should do that. I just saying that ought to be done. Ms. Paden: So what I'm -- okay. And so, what I'm hearing -- so what I'm hearing is -- and I want to recap to make sure I got these items correct, is that right now, I'm going to go into this -- an office right here with this lawyer of Aimco and I'm going to one more time do what I had being told to do. And if I one more time get the same answer, which is none or no resolution to my situation, then I'm going to come back here -- Vice Chair Russell: No. Ms. Paden: -- and you are going to help me? Vice Chair Russell: No, ma'am. Here's -- let me recap for you because I understand your frustration. I can't even imagine what all the residents are going through, not knowing what your future is. So, you come to us as your elected leadership for help. I understand that. Now, what I'd like to ask you to understand from our side is we are not saying a marina is more important than you having a place to live. The marina is on our agenda today. The Hamilton is not. As your city commissioner -- without this entire body here, as your city commissioner, I am happy to help mediate this situation in my office with you all. But today is Commission day where we have an agenda item and probably 15 hours of work to do. I cannot drop all of this and mediate for you today. You came here today because this is the venue where you will get the most exposure for your item where the press is here, where all the commissioners are here, where the Administration is here. But what you have is a civil issue between you and your landlord that we are trying to help you with -- we are trying to help you with. And if there's a legislative ability for us to help you with City ofMiami Page 12 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 that, we're happy to help with that, too, but no legislation has been proffered at this time. I'm happy to do that. If our legal department can guide us -- if my policy advisers can guide us and your representatives can guide us, I'm happy to write legislation to help protect residents and bring it as an emergency ordinance because I understand you 're under a time crunch, but I -- there's no physical way for me to solve your personal problem and then each person 's personal problems today during City Commission. But you have their attorney here, and it won 't be me in the office, but it will be my policy director helping you in there communicate together and see if we can get to resolution on your issue. You may not get there today. I can't promise that. 1 can't take responsibility for that. But I'm here to help you and make sure your voices are heard, that the press is hearing you, and that the resid -- the -- the landlord is hearing you, as well. So, you have done exactly what you need to do today, and we will do our best to help you get resolution. I promise. Ms. Paden: So, what you're saying is that this eviction that is right now going through when we're not even in an eviction -- we shouldn't be because we're paying our rent in a market in Miami that's about to have a moratorium on July 31st that will go -- evictions will take into place that the whole America is going through a problem of homeless programs, it's not really something that is a priority for Miami? Vice Chair Russell: It is -- it is. Ms. Paden: So, if it is and I already had -- I've done everything, and I already had a -- a -- I was part of this meeting in this mediation process with your office and with the lawyers, and there was no resolution. They didn't get back with me with absolutely nothing. Then how is it that I am going to have yet now another conversation? Vice Chair Russell: Do you want to have the conversation or not, though, because this is my offer to help. This is all I can do this morning. Ms. Paden: Okay. So, I'm going to go -- okay. So, no problem. I'm going to go have a con -- where is he? Good. I'm going to go have -- my name is Zulmanie Paden. I'm going to go have a conversation with him, which will be the third lawyer that 1 talked to so far; and I'm going to see what he has to offer. And then see if he does something for me. And I guess at the end of the day, if he doesn't, leadership is about results. And in this Commission, there is power to make things happen, especially when us as constituents can no longer have no more thing -- or nothing else to do. So, I will hold your -- I will count, but if does -- that does not resolve, I will come back to you, and then you guys will be able to help me and find other ways to help me. Do 1 have that commitment? Vice Chair Russell: You have that commitment from me. Ms. Paden: Thank you for all of you. Vice Chair Russell: Thank you for your comments. Commissioner Watson: Mr. Chair, I also want to put on the record the City of Miami, through its ERA program, Rental -- Eviction Rental Assistance, has assisted 330 residents already, all right? I just wanted to let that known. Vice Chair Russell: Got it. Let me -- Greg Frank: Okay. Good afternoon, gentlemen. My name is Greg Frank. I'm here to speak on SR.1, item 9227. I'm a constituent from ZIP code 33137. Please vote no City ofMiami Page 13 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 on SR.1. The Planning and Zoning Board review is necessary to limit the abuses of large corporate landlords. Additionally, as a resident of Hamilton on the Bay, I'm here to tell you that Aimco AIR (Apartment Income REIT [Real Estate Investment Trust]) Communities has still not done right by us, and that is the source of her frustration. So, I appreciate that offer, but we've already, done what you asked us to do and what the other commissioners asked us to do. We already did with our attorney asked us to do, David Winker. And we already did with the Weiss Serota attorneys asked us to do. Aimco says, however, that we are committing vandalism when we are not breaking anything. They say we are trespassing when we re emptying areas that we live outside of construction hours. They say we are endangering our families when there's no danger in sight. AIRC has not done the job they said they would do. They said they would meet with tenants individually to work with our specific needs. Then, when the building manager, Carlos, met with the tenants, he said that he's only authorized to provide assistance for less than 20 percent of damages and fixed expenses that are forced onto us. All the while, Aimco continues to make the building a hazardous and unlivable environment with construction that threatens tenants every, day with falling debris, inaccessible common areas, and deafening noise. Their strategy is clear. They want to delay as long as possible before meeting tenants' needs. The hope that we will move out soon, but because tenants still don't have the resources to do so, we are instead forced to endure further abuse and neglect from AIRC's retaliatory and illegal reprisals. In conclusion, Commissioners, will you please issue a stop work order until AIR Communities and Aimco reaches a tenant benefits agreement with our entire group? Vice Chair Russell: Thank you for your comments. Anthony Parrish: Thank you, Commissioner Reyes, Commissioner Russell, Commissioner Watson for -- for staying around to hear the public comment. My name is Anthony Parrish, offices at 3678 Grand Avenue, Coconut Grove. I'm here to speak on SR.1 as a private citizen who is currently serving on the Planning, Zoning, and Appeals Board, also known as PZAB. PZAB is a diverse volunteer board with citizens who are lawyers, engineers, climate specialists, businessmen, realtors, and developers. All of us are seeking the best for the City of Miami and its residents. This SR.1 seeks to limit PZAB's ability to defer any item that comes before the board to 60 days maximum. This is a very, very bad idea. First, note that the majority of projects are built by right, so they don 't go to PZAB at all. Second, the only projects reviewed by the board are those that request special permits or new entitlements. In other words, they want -- usually want upzoning -- significant upzoning, and only developers want those rules changed for them. Third, except for reasons like COVID-19 or lack of a quorum or lack of a meeting hall, PZAB always tries to move items to a vote as quickly as possible. And you can watch our meetings to see that that's the case. In my three years on the board, I have never once seen a - - deferrals, except to gather more needed information. Deferral is a tool that PZAB, and also you use to achieve compromise with residents and community organizations in neighborhoods where new, large, and intrusive developments are proposed. Increased traffic and gentrification are usually the main neighborhood issues. I'll finish up. Meetings with neighbors and neighborhood associations takes time. Time is money. Developers hate delay. Therefore, all of them try hard to meet with neighbors quickly -- almost all of them. Only a very, very few resist and merely pretend to meet with neighbors. PZAB -- PZAB's role in Miami 21 is spelled out in Article 7, including its rules of procedure. PZAB makes its own lawful internal rules of procedure, including for deferrals. Please note, in the years that I've been there - - the three years that I've been there, that only one developer has ever been repeatedly deferred for any length of time. When that developer complained in court, the court agreed with PZAB. PZAB has the right and the duty to defer to any - City ofMiami Page 14 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 - to defer any applicant that does not make good faith effort to comply with PZAB's legitimate request. Vice Chair Russell: Okay -- Mr. Parrish: If this were not so why arbitrarily say 60 days? Why not 90 days? In fact, you could require PZAB to make its decision at the very first time an applicant comes before us. You could do that, and then you can get on with it, which is what sometimes -- Vice Chair Russell: Thank you. Mr. Parrish: -- the developer wants. Vice Chair Russell: Mr. Parrish, so -- and the two minutes are -- are well past expired, but I have a question for you. You're my appointee to the PZAB board. I respect your opinion very much and I've -- I've read and followed your advocacy on this issue. Do you believe that PZAB should have the legal ability to defer something indefinitely -- and not by indefinitely, six months, and just leave something on the docket and never have it heard? Do you believe that they should have that ability? Mr. Parrish: I -- I think -- Vice Chair Russell: Forever. Mr. Parrish: No, not forever. I think until the applicant comes before the PZAB and makes a reasonable -- can demonstrate a reasonable effort to meet with the neighborhoods that are going to be affected. These are large developments, not small. The small developers, when they meet, we get a better compromise from -- from the meeting with neighbors than was even proposed. They move driveway, they do a whole hunch of things. But remember, they're coming before -- not asking something as of right. They're asking for something additional that's not otherwise allowed in the code unless they ask for it. They have to come to us, and when -- if we deny them or approve them, they go to you either way. But I will just say -- I will finally say that the role of PZAB is to serve all of the City of Miami. You and the Mayor are the ones who appoint all the PZAB members. You can remove us at any time you want at -will. You are the -- we're not trying to take your power away. You are the deciders. We recognize that. But if PZAB cannot use the only real tool it has to try to achieve compromises that make the City better for all, PZAB then becomes nothing more than a false front, pretending to do what, Miami 21 says it must do with no tool to do it. Commissioners, you in particular should be glad that PZAB insulates you .from having to vote prematurely on projects that your residents vehemently oppose. And I know Commissioner Reyes has spoken about that; Commissioner Watson has. Vice Chair Russell: Thank you -- thank you. Mr. Parrish: Please, do not vote for this very, very bad ordinance. Vice Chair Russell: Commissioner Watson? Commissioner Watson: Mr. Chair, can I ask -- Vice Chair Russell: Please. Commissioner Watson: -- because I have, like, two -- two quick questions as a result of what you said. So -- that being said, as I know, you've researched it already. City of Miami Page 15 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 One, if, in fact, there -- in the spirit -- let's say in a the spirit of what this is about, right? There's a time certain upon which you're right. Somebody comes to ask for something over and above what they have by right. What -- what would you recommend as a time certain that you all should come to a conclusion, based on what they're trying to do? Mr. Parrish: Well, the only example I can use is one that's still coming before us after three years. And I believe that that is the reason that this is even corning up now, because of this one developer -- Commissioner Watson: But -- but that -- but that notwithstanding, because 1 don't like to see the voices of the public squashed or what have you anyway. But given the fact that -- take that out of the -- the mix. If in fact, someone comes to the table, they're asking for something different than what they can do by right, which is the only reason they come to you guys, right? What sort of time certain do you believe is proper, right, in order for -- procedurally to move on through the process? Mr. Parrish: At least a year and -a -half at least 18 months. Commissioner Watson: Okay. So, you say 18 months? Mr. Parrish: 18 months. Because remember, Commissioner, this has only happened one time since I've been in the board three years. This board does not abuse its authority -- its power. Commissioner Watson: Okay. Mr. Parrish: And if we did, you can remove us. You can remove us the next day. Commissioner Watson: No problem. So, then just to -- to finish because I had two questions. Is there any other way that if someone who's coming to the table to pose something and they don't like what you decide, right, or don't like the process and it is stated, is there a way that you think maybe they -- they should now go without you all. Can they opt out of the process and come directly to the Commission? Is that something that makes sense? Mr. Parrish: Commissioner, all I can say is this is the only real tool -- effective tool that I've seen that any of these boards have is deferral with some developers who insulted you. They have insulted this Commission by saying, just deny us -- just send us to the Commission. That's an insult to this board, to the PZAB, and to the Commission. Commissioner Watson: Okay. Mr. Parrish: So, at least two -- at least a -- at least a year and a half. Commissioner Watson: All right. Mr. Parrish: And then after that, we can wash our hands of them and say, go take your lumps at the Commission. Commissioner Watson: Okay. Mr. Parrish: But you'll know -- then know that we've done everything in our power to make them listen to the neighbors. Commissioner Watson: Okay. Thank you. City of _Miami Page 16 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Parrish: Thank you very much. Commissioner Reyes: Mr. Chair? Vice Chair Russell: Yes. Commissioner Reyes: I just want to ask -- Vice Chair Russell: You can ask, Commissioner, yes. Commissioner Reyes: From what I'm hearing, you think that you should have -- I mean, when that -- a developer that is asking something that is not within their right -- you say by right, they don't have it and that's the only time that they go to you, that they will have indefinite time to come and -- and -- and -- and deal with you. And that is going to preclude them from using the same tactic or the same threat that they -- I mean, that you just mentioned. You said, vote us down, we're going to go to the Commission. By placing a time frame on -- on their application, this is -- this is going to preclude them from doing that? Mr. Parrish: I do think since time is money, that it's in their best interest to meet with the neighbors. And then if •-- if the neighbors are recalcitrant and just obstinate, we have a very professional board. This board knows that, and they'll say, look, they made a good -faith effort to meet, and you -- you neighbors are completely unrealistic as to what you're demanding. Therefore, we're sending it on to the Commission with recommendation for denial. Commissioner Reyes: Still, I don't understand, you see -- I mean, you're asking, and I want that. I mean -- I mean, I'm all in favor that -- with community participation in every single project. But what I still don't understand your position to have as -- a set time or give them -- give them -- give them a time limit. You see but they cannot he lingering around the same project by a whole year or two years, and then when they decide they would come back -- you see, I don 't -- I still don 't get it. Excuse me, but I still don't get the -- I mean, probably 60 days is -- is too strict, and that might be it, but I think there does have to be a limit. There have to be a limit on what they're going to do and -- and to get -- solve the problem. Nobody is questioning your professionalism. Nobody is questioning your intention. And we are -- I mean, you're and -- and personally, 1 think you're doing a hell of a good job. But what 1 don 't understand, sir -- and excuse me, but I don't understand this opposition of -- of setting some limit on the -- on the time that -- I mean, that they can -- this request be lingering around. I -- I don't see the benefit. Mr. Parrish: The answer is we're only talking about huge, invasive projects -- Commissioner Reyes: Yes. Mr. Parrish: -- that -- like -- like some of the ones that have been proposed for Little Haiti. And those developers are happy because they're already down, refining their plans, meeting your -- meeting with your city staff to build their projects. And if they have to wait six months, no big deal for them. They prefer not to. They prefer to have it move strictly ahead. But with big projects like this that are so destruct -- potentially destructive to the -- to the City's neigh -- neighborhoods, they need to take the tine. And we're not -- we're not going to beat them up as long as they, in good faith, go and try to negotiate. What you're saying is, oh, in 60 days, if they make a good faith effort, they should -- well, yes, we would pass them on. Commissioner Reyes: No, I did not say that. City ofMiami Page 17 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Parrish: But they -- they wait us out. They -- these big projects just wait us out, hoping to get to you, and 1 don 't think it's fair to you. Commissioner Reyes: But -- but -- but if we -- if we don't set a time limit, they will be waiting -- I mean, forever. Mr. Parrish: But then they don't -- Commissioner Reyes: 1 mean, but the thing is that we -- Mr. Parrish: They waste their time. Commissioner Reyes: -- we will have -- that way, we will have the opportunity of saying, listen, this project is no good, you know, and not serving the community. This is over. Let somebody else come in. Mr. Parrish: We only had one in the three years I've been on the board -- only one that has done that to us -- only one that has refused. Commissioner Reyes: I -- I still don't -- don't -- don 't see the -- the -- that -- I mean, your opposition so vehemently opposing a time limit. I mean, I -- I -- I don't -- I mean, I don't understand. I'm sorry -- Mr. Parrish: Well -- well, then, I -- Commissioner Reyes: -- but 1 don 't understand. I'm -- Vice Chair Russell: You -- no, you made your point clear, though, why you believe you shouldn't have a time limit. I -- and I understand it. Mr. Parrish: Which -- are you going to pick a time limit out of the air, Commissioner? Why -- like I said, why not make it 90 days? Why not make it ten days? Why not make it that we have to pass them out of the very first time they show up? The only tool we have is deferral -- the only one that they listen to when they're in bad faith. Commissioner Reyes: But you -- you could still -- deferral, 1 mean, 1 --1 could let it stand and say, oh, you know, 60 days, then get 180 days or something, but -- Mr. Parrish: A year and a half -- a year and a half will get their attention. Commissioner Reyes: That -- that a --1 would make them -- Mr. Parrish: A year and -a -half will get their attention. Commissioner Reyes: I'm not going to -- Mr. Parrish: So, 18 months. Commissioner Reyes: And I'm going to -- and I'm want to use the -- the expression that say, either they do it or they don't do it. But there's not going to be lingering around and probably precluding some other developer that they want to do something with a project. Mr. Parrish: I will put the worst -case -- and I know you've been a champion of neighborhoods. City ofMiami Page 18 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Reyes: Yeah. Mr. Parrish: But the worst -case scenario is that the staff recommends against it and the PZAB recommends against it, but maybe it's six to five, four to three -- you know, because we -- we try to -- we try to move to the agenda along. But then it comes to you, and you have the neighborhoods show up, and they're against it -- Commissioner Reyes: That's what want. Mr. Parrish: -- your city staffs against it, and they expect you to vote on this. It's like they're either wasting your time or they're wasting our time and -- or you vote yes, and then you look really bad. So, I -- I don't want to put you in that position, Commissioner, because I know you've been a champion of neighborhoods. Commissioner Reyes: Yes, I -- I -- Mr. Parrish: And -- and some of these developers expect that they're going to get their way no matter what. Commissioner Reyes: Well, not with me, sir -- not with me. I mean -- Mr. Parrish: I know not with you. But I -- we 've seen it happened in the City. Some of them expect they're going to get their way because of the clout they have. And we're -- the PZAB was set up in Miami 21 to stop exactly that. That's why they're -- that's why we've -- have seven pages in that city code saying, these are the duties of PZAB. We're not a minor board just saying, oh, send them to the Commission. Commissioner Reyes: No, nobody's saying that. Vice Chair Russell: Thank you -- thank you -- Mr. Parrish: Thank you very much. Vice Chair Russell: -- for the discussion. Mr. Parish, just a moment, because -- because you and I, I think we agree on a lot of things, but I do not believe the job of PZAB is to be punitive to an application. Mr. Parrish: We have never been punitive. Never. Vice Chair Russell: Just a moment -- just a moment. You're saying right now it is your job to use that tool to a bad faith applicant. My -- I believe your job is to vote no to a bad faith applicant. Mr. Parrish: Yeah. Our job is to make -- Vice Chair Russell: So -- just a moment. Mr. Parrish: -- is to meet with neighbors until we can actually make the vote that makes some sense. Vice Chair Russell: Right. And if -- and if they choose not to, you vote no. You say, I don't believe they've done their homework. I believe this is a bad faith applicant. You put it on the record. You should get a unanimous no from PZAB, and then it comes to us. And if we see that as well, that they haven't done their homework, they haven't done their -- but at least it brings finality to the situation. City ofMiami Page 19 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Parrish: With all due respect, Commissioner, we had people in -- and, in fact, I'm taking up their time right now that have waited for four hours today to speak to you. We would rather --1 think it's better for the City to have them come to PZAB and spend their time there, rather than wasting your time on your agenda, which is even more busy than ours is. Vice Chair Russell: See, that -- and that's where I disagree because then I will never have heard that -- that -- that constituent's voice and I'll be voting just by the applicant and the Administration. I'm happy for this interaction right now. I want this and need -- Mr. Parrish: These are only developers asking for major upzonings. That's all we're talking about, major upzoning. Vice Chair Russell: That's not true -- that's not true. Anyone -- Mr. Parrish: It is true. Vice Chair Russell: Anyone that comes to you on an appeal or on an item could be - - could be a homeowner. You -- Mr. Parrish: We don't defer them. Vice Chair Russell: You could, though, and that's -- Mr. Parrish: We -- we could, but we don't. You can remove us if we make abuses like that. Vice Chair Russell: So, what we're saying is we're looking for a simple guideline that sets parameters -- please don't argue with me. Mr. Parrish: And a simple timeline is going to he abused by the -- Vice Chair Russell: Please -- Mr. Parrish: -- these developers in bad faith. Vice Chair Russell: I'm not looking for a back -and forth. I'm just trying to explain what -- 1 believe what you said is, a year and -a -half will show them. And we're saying, 60 days makes it more immediate. I think somewhere in between those two worlds is where the reasonable -- Mr. Parrish: Well, you're the commissioners. Vice Chair Russell: But there's another way to do it. There could be a higher threshold to get the deferral as it gets further along. Let's say if they want past 90 days, it needs to be a unanimous or a super majority of the PZAB to get that. Mr. Parrish: 90 days will be laughed at by somebody in bad faith, like the one we had come before us. That we'll be laughed at. Vice Chair Russell: And if they laugh at you, I would imagine you would get the super majority or the -- or the -- or the unanimous vote to defer after that point. But I don't believe -- because this is a complaint we get from small applicants and large, that the City is simply too slow to approve or deny anything. And all they want -- and I'm not talking about the big, big-time developers because they can wait out City of Miami Page 20 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 through -- through attrition. I'm talking about even just to get a door permit done for your home -- just to get a permit -- Mr. Parrish: That is not what we're talking about. Vice Chair Russell: Well, I'm telling you, the City is horribly delinquent in moving things through process. And so just setting a perimeter that says, all right, you can - - you can force them to kick the can, whether it's 60 days, 90 days, or six months. But -- but there has to be a point at which you just say, all right, you are a bad faith developer. I am voting no. Mr. Parrish: Well, then why don't you propose something like 60 days for anything other than SAPs (Special Area Plans), developments of regional impact, or -- or maybe we can add to that list. Vice Chair Russell: There may -- there may be some -- some for that, but it's worth of discussion, so please don't get upset. I think this is a very -- Mr. Parrish: I am upset. I think it's an outrageous attack on the PZAB and on the HEP (Historic and Environmental Preservation) Board and then the code of -- Vice Chair Russell: Right. What -- what about the Commission, who would like to hear these items, and we won't ever get to hear them because they're just in a holding pattern? We want to vote yes or no on them, as well. We want to hear what the public wants to say, as well. Mr. Parrish: I don't want to take any more time from all these people, but thank you, Commissioners. Thank you -- thank you three for being here to listen. Vice Chair Russell: Appreciate it, Andy. Hello. Ana Cristina de Sa: Hello. Good afternoon, Mr. Chairman Ken Russell, Commissioner Jeffrey Watson, and Manolo Reyes. I'm Ana Cristina de Sa, and I'm here for the PZ.2, 4541 and PZ.3, 4545. I'm representing the board and president of the board of the building on east side of the development in question. And I would like to read a letter from our -- from our board, and also, I bought some extra copies for you. Vice Chair Russell: Which association is it? Ms. de Sa: 520 North -- Point Bay North. Vice Chair Russell: Point Bay North. Thank you. This is on PZ.2 and 3, correct? Ms. de Sa: Correct. So, the board of directors of Point Bay North strongly agrees with the action taken by the Commission, creating a comprehensive plan amendment along the Miami River, which is exemplified with Ordinance 13753, as stated in our letter. As we see, a lack of uniformity, especially with the future -- Vice Chair Russell: I -- I apologize. I think -- so, this is on PZ.2 and 3. Agrees the action taken by the Commission creating comprehensive plan along the Miami River. I -- I'm sorry, I'm not following the cor -- correlation to PZ.2 and 3. Ms. de Sa: Yeah. Let me develop on that. Vice Chair Russell: I -- okay. I'm sorry. As long as we're on the same item and I -- City of Miami Page 21 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Ms. de Sa: Yes -- yes, absolutely -- absolutely. Vice Chair Russell: That's -- that's my fault. I was confused. Ms. de Sa: So, our point -- our point is -- I'm going straight to the point -- that we only support this upzoning if the remaining properties along the northeast 37th and 38th Street enclave are equally included, as this spot zoning is illegal, and that was done nicely at the Miami River. That's why we're making this reference to it. (COMMENTS MADE OFF THE RECORD) Ms. de Sa: Yes, correct. Because, for instance, in my community, more than half of the people that live there, they're owners. So, when -- what we care is for something that -- first of all, it's should be safe because it's a -- it's a community right now that is very hard to walk around with the high-speed traffic, so -- and what I would like to see is some improvement in the areas with the help of the city planners. Because definitely, we need to be evolving and look as good as every -- as everybody else in the city as we all wanted to be, to grow together. And my community does have some, like, lots that is just sitting there and some rented out stuff. So, we do need to help blending for the area to make a little better lifestyle for the residents and take into considerment [sic] of also, what Miami's going forward. So, we don't want to be left to behind and we want to make sure we're keeping up with the rest of the city. And also, I've wrote to many departments regarding the unsafety of crossing the streets between the parks and how they speed. How they park all over the place. And so we need to help more on -- on lifestyle and planning -- Vice Chair Russell: Thank you. Ms. de Sa: -- and be, like, uniformity. Vice Chair Russell: Thank you. So -- and you surprise me. So, you're not in opposition to the upzoning request; you're saying surrounding neighbors should also be able to benefit from the exact same application. Ms. de Sa: Yes. I'm reaching out .for. the city planners to consider that and considering assisting us in making my area -- my, community a more planned community and more -- and upgrading our community. Vice Chair Russell:: Thank you for your comment. Ms. de Sa: Is that clear? Vice Chair Russell: Yep, crystal clear. Thank you. Ms. de Sa: And also, before Igo, I'd like to highlight our opposition to the -- there was a request for the time limits between petitions for zoning for the properties for the City Commission should be waived, and I'm against that. I'd like things to take its course as usually, do. Vice Chair Russell: Thank you for your comments. Ms. de Sa: Thank you. Vice Chair Russell: Mr. Althabe? Andres Althabe: Yeah. Andres Althabe, 1900 North Bayshore Drive. I'm here to talk about the deferrals of the Planning and Zoning Board. Well, cutting to the City of Miami Page 22 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 chase is completely unreasonable to put a -- a term limit, especially 60 days. This legislation is trying to fix a problem that doesn't exist because it was presented only once as an extended deferrals, and it was this massive project in Little Haiti. The developer did it to themselves. It was not PZAB. They would refuse completely to meet the conditions that -- the requirements that are normal and every developer has met. And the basic one was meetings with the community. They totally refused to meet with the community. They rather went to court, and they lost. And then later, they started meeting with the community. Was that so difficult to do? So, it wasn't. PZAB present requirements that are very specific. It's not like, okay, Mr. Developer, you have an -- you're going to have to keep coming back until we like your project. No. It is usually requesting an updated traffic study, meetings with the community. And it doesn't mean that in those meetings with the community, you're going to have an agreement with the community. No, it means that there was dialogue. You can refuse every item presented to you by the community, but then PZAB is going to be ready to make a recommendation because you cannot go on forever having meetings that are not going anywhere. And PZAB -- all the members understand that. It happened only once. And you tell me, if you are building a massive project that is going to displace hundreds of people in Little Haiti, you don't want to talk to them? Well, that is unreasonable. So, there are three layers of scrutiny in projects. And we're talking about massive projects, because small projects, PZAB approves or disapproves very quickly on average. On average, yes. Normally -- normally, they don't go too long. We have a recent example. And it had nothing to do with, like, the developer was in bad faith. The development of the changes in the Design District SAP, the deferral was for 90 days, and the developer understood that they were necessary. And there were meetings with the community, there were some concessions. But it's not that necessarily have to be concessions for PZAB to make a decision. The point is, hundreds of people, and you need to meet with them. Vice Chair Russell: Thank you. We're on minute five now. Are you good? Mr. Althabe: I was going to say something else pretty short, but -- Vice Chair Russell: Thank you. Did -- Mr. Althabe: -- I'm -- Vice Chair Russell: -- did you — Mr. Althabe: -- I'm good. Vice Chair Russell: Thank you. And on PZ.2 and 3, did your -- did your organization submit a letter of support or denial -- support or opposition to PZ.2 and 3? Mr. Althabe: In the deferrals? Vice Chair Russell: No -- no. Mr. Althabe: In -- Vice Chair Russell: This is a different subject. Biscayne Neighborhood Association. Mr. Althabe: No, no -- no. In the development on 38th Street? Vice Chair Russell: Yes. City of Miami Page 23 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Althabe: No. There was no formal. And one reason there was no formal is because it -- they didn't see so much interest in one way or the other, because they thought that, okay, if it is five -story building to eight, doesn't look like a high-rise. And with bonus, it could go to 12, where it still is not a major change to the -- to the neighborhood. So, there was not really -- Vice Chair Russell: Support or opposition? Mr. Althabe: Yes. Vice Chair Russell: Thank you -- thank you, Andres. Mr. Althabe: All right. Vice Chair Russell: Really appreciate it. Thank you. Good afternoon. Greg Baldwin: Excuse me, I'm surprised to be actually speaking. Good afternoon, Chairman Russell, Commissioners. First of all, I want to say how much I admire your patience and your perseverance -- Vice Chair Russell: Likewise. Mr. Baldwin: -- as much as I admire the patience and perseverance of every person in this room. My name is Greg Baldwin. I reside at 1000 Venetian Wav, Unit Number 702. I'm the vice president of the board of directors of the Venetian -- 1000 Venetian Condominium Association, and I'm here to speak about Agenda Item RE.4, which is the ESJ request relating to Jungle Island. Our president, Morton Ehrlic, intended to be here today. He was unfortunately called out of town on urgent business. And so, if his remarks will be delivered by myself although I would, individually, be seconding them, anyway, were he here. We are Jungle Island's nearest residential neighborhood. We're about 700 feet across the open water between Watson Island and Biscayne Island and about 800 feet from the new beach club and restaurant, which is Miami Joia. Vice Chair Russell: Please tell me it's still not a noise issue and a voting issue. Mr. Baldwin: Constant noise. It's becoming worse and worse. What we want to do is this -- and here's what we propose in a nutshell, because I know you've got a million other people to listen to. Vice Chair Russell: No, I'm upset as you are, trust me. When this item comes up, 1'd like to hear from the City Manager, as well as the Police Chief on what has or has not been done to address this issue, because it was pivotal to our earlier decision Mr. Baldwin: Yes. Vice Chair Russell.: -- that they addressed this for you. Mr. Baldwin: Well, that's -- that's true. And the Marine Patrol has been out there, but they can't chase down the boats fast enough. But the boats are not the major problem. It's Joia, and Joia is on the land. We called the police, and we complain. The police go down there. The noise goes down for a little bit, then it goes back up. We call the police again. The same thing happens. The police have been responsive. The problem is Joia. It is not responsive. That's the difficulty. And it's making life unbearable, especially Fridays, Saturdays, and Sundays. And I got six people here City of Miami Page 24 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 from the -- the association that'll tell you that same thing firsthand. Now, what -- we understand what's going on here. There's been a study that was done. It was in Europe. And it showed that the more peop -- the more loud the music is, the more people drink and the faster they drink when you're a bar or restaurant. And I've got the -- I've got to report on the study that I'll submit to you so that you can take a look at it. But the problem is, we're being sacrificed to Joia 's profits so that they can sell more drinks. That's why the music is so loud. Now, if you're going to approve ESJ's request regarding Jungle Island, which is RE.4, then what we're asking that you do is you do it only on the condition that an expert noise consultant be retained by ESJ. That consultant to be selected by this Commission or a delegee of this Commission, to take the steps that are recommended by -- to conduct a mitigation and noise study to include not just the decibel level, but the bass level. Because it's the thump, thump, thump that drives everybody absolutely insane. And that doesn't measure on a decibel -- decibel scale. But measure all of that, the bass and the decibels, require a report to be done as soon as possible with mitigation steps. Require a response from ESJ as to what they're going to do and make the study available to both ESJ and 1000. Vice Chair Russell: Thank you. Mr. Baldwin: Now, one further thing, ESJ is likely to say that they've already, done a study, all right? And that's true. They did, but the study is not worth the paper it's written on. Because it was done in 2018 -- in March of 2018. So, the problem is, number one, they were predicting whether there's going to be a future problem on noise when there was no noise to measure or look at or listen to. So, the study itself is completely defective. And I've got a copy of it here. And you can see it -- Vice Chair Russell: Thanks. Mr. Baldwin: -- but it admits that, basically, what they're talking about is, there will be no future noise problem. And we are here to say to you today, this report, as far as it's trying to predict the future, is flat out wrong. Because we are living with the detrimental impact that this ESJ report done in 2018 says will not happen and there won 't be a problem. There is a problem, and there has to be an independent noise study by a consultant who is an actual expert, selected by the Commission, paid for by ESJ, required -- or to be done as soon as possible, with a written report and written mitigation steps and further follow-up. Vice Chair Russell.: Thank you. Thank you for your comment. Mr. Baldwin: Thank you, Commissioner. Commissioner Watson: Mr. Chair? Vice Chair Russell: Yes, sir. Commissioner Watson: Where's the noise coming from -- where is the noise coming from? Mr. Baldwin: Commissioner, I'm going to submit the report. Vice Chair Russell: Thank you very much. So, on Watson Island, there's a lounge on the beach -- Commissioner Watson: Okay. Vice Chair Russell: -- tiki -- tiki hut with speakers. City of Miami Page 25 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Watson: Uh-huh. Vice Chair Russell: And then right across the bay -- 700 feet, if I'm not mistaken, is 1000 Venetian with all the residents right there. Now, sound travels very easily across the water. Commissioner Watson: Water, right. And -- and higher. Vice Chair Russell: Correct -- correct. And so, studies or no studies, we have a noise ordinance. Commissioner Watson: He just said a word and I didn't hear it. So, I understand that one. Vice Chair Russell: Got you. Okay. You know where it is. Commissioner Watson: Okay. Mr. Baldwin: I should add one other thing. They -- the ESJ is required by Section 7.2 of its lease to do -- hire -- retain a noise consultant and to take mitigating steps to reduce the noise. It's got nothing to do with what the City code is and what the City decibel level is. It's to mitigate the disturbance that comes to its immediate residential neighbors. The lease requires this. The only thing they have done is this report when there was no noise to listen to to measure whether or not that noise was detrimental. And obviously -- Vice Chair Russell: Understood. Mr. Baldwin: -- they came to the conclusion that was (INAUDIBLE). Vice Chair Russell: Thank you. Understood. Mr. Baldwin: Thank you. Vice Chair Russell: Thank you so much. Hello. Ellie Haydock: I'm Ellie Haydock. I've been sitting here all morning, so I feel like I'm absorbing all this anxiety. But -- so I'm going to be very short. I'm here to say that it is the -- is it SR.1, regarding the hearing boards? And as a -- as a homeowner that's, you know, a resident, the hearing boards are to hear our concerns. And there 's an imbalance of ability to -- you've got your developer with their paid consultants, the attorney, the architect, the -- the landscape design. They've got their whole team that's working full-time. And us residents are either working, taking care of their kids, trying to, you know, keep our heads above water, and meet to discuss, oh, my gosh, do you realize what's happening in my neighborhood? So, the hearing boards really is an opportunity to ask the board to direct the applicant to work with the neighbors. Because otherwise, they don't. Not all of them are that bad, but a lot of them don't. So, I really would say, don't put a time limit. Honestly, they need to work with the homeowners. We've got to resolve these issues. So, please do not pass it. Vice Chair Russell: Thank you. Thanks for your comments. Giannina Botero: Good afternoon. My name is Giannina Botero. I live at the 1000 Venetian. I want to add some comments about what my colleague said about the noise. I moved there three years ago. It was -- it is a residential area, and now I feel City of Miami Page 26 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 like I live in -- on Collins Avenue every Wednesday through Sunday. 1 try to go to bed early, and 1 can't because I have this pounding noise. 1 wear earplugs, and that doesn't -- doesn't solve the problem because it's a really loud bass. Our lifestyle as a family has really been affected by -- by -- by this noise. I call the police almost every day, and the noise doesn't get better. So, I really want to ask you, everybody, to -- to really respond to this matter and -- and -- and -- and do the necessary things to -- to solve this problem as a -- as a resident and as a -- as a -- I want to live a comfortable life. And this is not happening because the measures are not being taken. So, thank you. Commissioner Reyes: Question. Until what time is that -- it is -- Ms. Botero: It's until 10: 00 p.m. Commissioner Reyes: Okay. Ms. Botero: But if I want to go to bed early, I -- I can't. Commissioner Reyes: That is -- that is -- is that in agreement with an ordinance, right? Ms. Botero: 11:00 -- 11: 00 p.m. I'm sorry. Commissioner Reyes: 11: 00 p.m. is our agreement. They go in -- and what really -- because I know what really is more annoying is the bass. Ms. Botero: It's -- it's the -- it's the music -- it's the bass. I can hear it from my balcony, of course. And ifI'm in my bedroom with everything shut down, hurricane - - hurricane windows, I hear it. I -- I'm watching a movie, and I hear it. And my son wants to go to sleep, and he says, "Mommy, I -- I -- I hear music". So, this is a residential area. I moved here because I thought it was going to be a comfortable place to live, and I'm now with a -- with a club next to me, and no -- nobody's -- no - - nothing is being resolved. So, it's -- it's really affecting our lifestyle. Vice Chair Russell: Okay. Thank you for your comments. Commissioner Watson: And where -- where's that one? Vice Chair Russell: Same one. Commissioner Reyes: Same building. Commissioner Watson: But are they -- are they -- are they calling Code? Vice Chair Russell: They're calling the police. Commissioner Watson: They're calling police, but not calling Code. Commissioner Reyes: But have they -- have they -- Vice Chair Russell: Because -- Commissioner Reyes: -- they -- have we had any -- any measures of -- I mean, are they going -- Vice Chair Russell: The code says if it's -- if it's -- City of Miami Page 27 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Reyes: -- if the decibels are high -- are higher than what the code says? Vice Chair Russell: The code does not have a decibel measurement. It's actually in our favor, in which it says, if it is clearly audible at 100 feet, we can cite them. And so, if they're violating that at 700 feet away -- Commissioner Reyes: Okay. That's -- Vice Chair Russell: -- they should be getting cited. Commissioner Reyes: Okay. Commissioner Watson: Yeah, that's -- Vice Chair Russell: And after so any citations, they can -- they can lose their Certificate of Use. Commissioner Watson: That's -- that's -- that's what I'm trying to find out is if -- Commissioner Reyes: Yeah. Vice Chair Russell: So -- so, I will he very keen to hear from the Management and police and Code once this item gets heard. So, thank you for your -- Ms. Botero: Uh-huh. Thank you. Vice Chair Russell: I'm sorry, you had to come in again. Commissioner Watson: I know people in your district that -- people make a phone call, and Code's there at 9:00 shutting them down because their music's too loud. So, I'm just trying to find out why is it that these folks are not having the same response if they're calling, so -- Vice Chair Russell: Thank you. Robert Zimmarman: My name is Robert Zimmarman. I live at 1000 Venetian Way, as well. The bass from Joia is so strong, I can feel it 30 feet into my house. My brother-in-law died of COVID last August. My sister and my nephew come to visit me from Charlotte. They stay in a hotel because we don't want to expose Alexander to the bass I hear in my home every weekend. And I'm very tired of the inference -- not from you gentlemen, but from ESJ, that because they're trying to pay back the City and trying to make money that they should be allowed to do this. You know, back last year when COVID started, I realised for this city that I love, the best thing I could do would be pump money into it. So, in my professional life, I accelerated projects, and because of me, in the greater Miami Metro area, millions of dollars had been received by companies. One company alone received contracts last year for $14 million. And I would be happy, Commissioner Russell, for your staff to call me -- and you can call that company and verify. Next year those contracts were dropped about 9 million and 9 million again. And so my building is an economic engine. Just the people here who are talking to you today contribute millions and millions beyond our property taxes. And now there's this RE.4, where ESJ is supposed to get money. They're supposed to get our tax dollars, which I guess they use to pay their lobbyists and their lawyers and sound systems so that they can torture us. And as you could hear in my voice, I have just had enough. We've called Code Enforcement, and they say, oh, well, there's a law that -- in the Miami documents, if it's on city property, that sound enforcement doesn't apply. And there City of Miami Page 28 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 is something like that. But, you know, 1 would urge you gentlemen, please, don't give them any money. Don't do anything for them. And it's -- and -- and 1 -- a sounds study's great. They just need to turn it off. And when Elie Mimoun was here last time from Jungle Island, he said, oh, it's the boats. It's -- anyway, it's the same sound study. I'll stop because it beeped -- but thank you for your time and -- and -- and God bless all of you and God bless this great city. Thank you. Vice Chair Russell: Thank you for your comments. Hello. Dharampal Rawat: Hi. I'm from 1000 Venetian Way, as well. My name is Dharampal Singh Rawat. And really, just before we -- I saw all the passionate discussions you were having. We were celebrating 125th birthday for City of Miami. And somebody mentioned, if I recall, our quality of life. And again, the residents of 1000 Venetian Way, for us, this is really becoming very painful experience where people are thinking to leave the building. It's just horrendous. And I hope you guys listen to the passionate speaks -- presentation of all the people before me and really given this a fair chance. I mean, you know, we have better things to do, and we've been here since 9:00 in the morning, you know, patiently waiting for my opportunity, and so have others. Vice Chair Russell: It -- it upsets me, as well, because some of these commissioners weren't even here when this first applied to get on the ballot. And I actually had them wait an entire year because they hadn't done enough work with your HOA (Homeowners Association) -- your island entirely. Not just your building, but all the buildings along there. And so, it didn't get on the ballot for a year. And I said, listen, these are your only neighbors. If you make good with them, you should have pretty smooth sailing in this entire process. So, for me, three, four years later, the fact that you all are still, you know, getting punished by this is -- is upsetting to me. So, thank you. Mr. Rawat: I remember you coming to our building from day one. And these -- before other projects were happening, there was a big development. You remember? Vice Chair Russell: Yes -- oh, yes. Mr. Rawat: Big, big, big project. You were there. I remember. But this is happening now. That project never happened. Vice Chair Russell: All -- all they have to do is this. Mr. Rawat: Yeah, exactly. But I think that's hard -- the only day don't have noise is when it rains, and you don't want us to pray for rain all the time. Thank you. Vice Chair Russell: Thank you for your comments. Hello. Ibis Egozi: Hi. My name is Ibis Egozi. I'm also a resident at 1000 Venetian. And I want to give you an idea of what we go through, okay, with this excessive noise. First of all, my apartment has hurricane proof -- proof windows and I have surround sound in every single room in my house -- in my apartment. We put the music on to try to cancel the noise coming from Joia. And what we are unable to cancel is the bass. It's impossible. It's torture, and it's from Thursday through Sunday. We have no rest where we live, okay? The second thing is that I am able -- and this will give you a good idea of how excessive the noise is. I am able to Shazam the songs that are played at Joia across the bay from me. I'm able to Shazam them. And if you're not familiar with Shazam, it's an application that you need to be close to the sound source in order to identib, the song that is playing. That's how close it is. And Commissioner Russell, I have been in touch with people at your office, with Daniel, City of Miami Page 29 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 and they have proof of all this because I have proof of everything. So, what happens is that we call the police. The police goes there. And Joia is possibly --1'm not sure about this -- but is possibly alerted by the valet. They lower the noise, so they know that the noise is excessive and they're lowering it. And I have proof of all this. I'd be happy to share with all of you. Your office already has it. But I want to know what you're going to do about this because this is on you right now. We are strapped. I mean, we've done everything we can and we're here and you can see we're angry. So, what is it that you're going to do? That's what I want to know. Vice Chair Russell: Thank you. Ms. Egozi: No, I -- I -- I want to know what you're going to do. Vice Chair Russell: I -- I -- we've been talking about it up now. When this item comes up, we're going to talk to the Administration, the Police Chief and the Director of Code. And there must be a very specific plan that's not happening right now. We will get to the bottom of it. Ms. Egozi: Well, I've contacted all of them, and they're supposed to contact me back and nothing has happened. Vice Chair Russell: Well, I'm -- Ms. Egozi: So, I'm going to do everything I have -- everything I can to get this result Vice Chair Russell: Thank you. Ms. Egozi: -- but it has to happen. Vice Chair Russell: I'm sorry you're going through this. I -- I -- I understand. Ms. Egozi: Thank you. Vice Chair Russell: Yep. Giovanna Medina: Hi, my name is Giovanna Medina. I'm here to speak about the library of Allapattah and the Resolution R-20-0295. I'm the winner of the Public Space Challenge from 2018 for designing the storytelling garden and square of the library of Allapattah. I'm an urban designer coming from Venezuela that used to work regenerating public spaces in the most dangerous lands from Latin America. I'm here to speak very briefly about the importance of public spaces -- in this case, for the community of Allapattah. Public spaces build community by bringing people together and create local identity. They foster attachment and spark economy growth. They also improve air quality. Allapattah's population is 36,488 residents. The only public spaces the Allapattah has are the Juan Pablo Duarte Park, Artist Park, Melrose Park, and Moore Park. No squares, no boulevards or other public facilities. I will include to the count of Allapattah Squares Garden -- the Allapattah Square Garden. So, in total, that will make 35 square feet per person of public spaces. The average of the best livable cities around the state go from 400 to 1,200 square feet per -- open spaces per person. That means we don't have much to offer. I just encourage the community and the City, the Commissioners, to protect public spaces: playgrounds, boulevards. Because they're a need for a city, and I hope the City protects these spaces. I think affordable house and it's important, but I also think that we can't eradicate the only civic spaces that are left for the population. Thank you. City of Miami Page 30 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Thank you. Debora Arditi: Hi, my name is Debora Arditi. 1 live in 1000 Venetian Way and I'm here also because of Joia Beach. I want to point out that I paid 21,700 in property taxes this year. And I don't want to repeat myself, but I just want to point out two things. First of all, I brought a device and I'm try -- I'll try to let you hear what I hear in my bedroom and in my apartment. I have to point out that the other day -- even I have the strongest impact windows, and even with the windows closed, I was in the bathroom with the hair dryer, and I could hear the bass. So, you can't even start to imagine how loud the music is. So, l just want to describe you, my weekends. My weekends routine is to call Joia to only get the answering machine, to then call Jungle Island, also to get the answering machine. Then I call the police department an average of six times per week. And officers are always very polite, and they send someone to check, but I'm almost sure that they have a whistleblower in the parking lot that alerts them when the police comes because they call me and they say, "Ma'am, there's no music." So, this is not only unrespectful for us, it's unrespectful for the police for -- because they've been doing that. And they urged me to come and talk to you because, I mean, they can't keep going to on and off to Joia Beach. The last time I called the police was Sunday, 11:15 p.m., and I have to work on Mondays. So -- Vice Chair Russell: Did you want to play the recording? Ms. Arditi: I -- I have, like, ten recordings that I sent to you. I'm going to send you one of course. I'm going to do my best -- Vice Chair Russell: And this is with your windows closed, from inside your apartment? Ms. Arditi: This is -- yeah, and it's -- this is -- I'm going to try. Can I -- Vice Chair Russell: Just right there's fine. Right there's fine. Unidentified Speaker: Do it with the microphone. Vice Chair Russell: So, if fyou go back to your microphone -- At this time, an audio presentation was made. Ms. Arditi: You want to -- Vice Chair Russell: Got it. Ms. Arditi: -- hear it again? Vice Chair Russell: No -- no, we got it. Ms. Arditi: Because this is what we hear, like -- Vice Chair Russell: We got it. Ms. Arditi: -- and I have a horrible one from the 22nd floor. At this time, an audio presentation was made. Vice Chair Russell: That's the 22nd floor, 700 feet away, with your windows closed? City of Miami Page 31 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Ms. Arditi: This is -- when 1 go to the 22nd floor, it's worse. Vice Chair Russell: That's ridiculous. Ms. Arditi: So, I can send you, if you want, all the recordings. Vice Chair Russell: No, no, no, no. I want to help you when you're going to through. I don't want to go through what you're going to through. Ms. Arditi: That's the point. You don't want to listen for five minutes, and I hear from eight day -- eight hours a day -- Vice Chair Russell: That's true. You're right. Ms. Arditi: -- all the weekend, so -- Vice Chair Russell: You're right. Ms. Arditi: -- please help us or lower our taxes, but I mean, this is unbelievable. Commissioner Reyes: I'm saying -- Vice Chair Russell: Thank you. Commissioner Reyes: -- that I agree with you. Ms. Arditi: Okay. Thank you so much. And then I have another letter that I'm going to leave from Carrie Brucen (phonetic). She's in the wheelchairs -- Vice Chair Russell: Give it to the -- the Clerk, please. Ms. Arditi: Yeah. And she begs you to do a noise study also because she lives in the .fourth floor and she cannot stand it anymore, okay? Vice Chair Russell: Thank you. Ms. Arditi: Thank you very much. Vice Chair Russell: Please hand that to the -- the letter to the Clerk. Thank you for coming. Thanks for your patience. This lectern, please. Hello. Yernay Montalvo: Good afternoon. 1 am Yernay Montalvo, a business owner and a resident in the neighborhood of Allapattah, and I'm here speaking in reference to agenda item RE.9. And this is regarding the conveyance of the land in the vicinity of the Allapattah Library, which is currently a public parking lot. Many small businesses in Allapattah depend on this parking lot. The customers need a safe space to access these businesses. And I am an entrepreneur myself. I come from a family of immigrant entrepreneurs. We've been in business for 15 years, and it's devastating just thinking the fact that we have to move, or we have to close the business altogether because our sales are going to go down and because our customers are not going to have access to go into our business. On behalf of the small businesses in Allapattah, I urge you to try, to find a common-sense solution that can address this parking lot situation and the sustainability of -- of the small businesses in our community, so we can work towards stopping this gentrification that has been happening for years. We all talk about the importance of small businesses. We create programs. We try to give them financial assistance. All we City of Miami Page 32 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 ask for is the opportunity to stay in business, so -- to do what we do well, and we need a parking lot so our customers can get there. Thank you. Vice Chair Russell: Thank you. Hello. Linda Levy Goldberg: Hi, I'm Linda Levy Goldberg. I'm here on behalf of the community of Bay Point. I'm on the board of directors and I'm here representing our board and our residents. Right now, there is an opposition to a massive upzoning request from T5-R to T6-8-O on the properties of Northeast 37th and 38th Street, east of Biscayne Boulevard. These are items PZ.2 and 3 on today's Commission agenda. This area is a residential area with one- and two-story buildings in close proximity to Bay Point, which is comprised of single-family homes. The proposed new construction and density is completely out of character with the surrounding area and will see the current traffic situation worsen. Already, it's incredibly dangerous and near impossible to cross Biscayne and head south. Not to mention the backlog of traffic exiting the Julia Tuttle at 38th Street. The board urges the Commission to follow the City of Miami's Planning Department recommendation of denial of this request. Vice Chair Russell: Thank you for your comments. Alejandro Uribe: Good afternoon, Chairman, Commissioners. Alex Uribe with offices at 2525 Ponce de Leon Boulevard. I'm here to speak in support of FR.3. I represent the operator of the Wynwood Marketplace, and that has been a -- a -- an entity that has helped make Wynwood vibrant and -- and fun. And frankly, they've worked very, very hard and they are working very, very hard to do their part in order to continue to enhance Wynwood in the future. The changes to the noise ordinance here have been warranted for quite some time. They're not going to affect, detrimentally, lots of residents or anything like that. And so, we urge your support. Thank you very much. Vice Chair Russell: Thanks for your comments. Mr. Fried? Jim Fried: Thank you, Mr. Chairman. My name is Jim Fried. Thank you, Mr. Chairman. My name is Jim Fried. I'm a resident of the Hamilton, located at 555 Northeast 34th Street. I'm here to speak on SR.1. But first, I continue to bring to your attention the Hamilton apartment building on Northeast 34th Street and its new owner, Aimco. Aimco is a huge out-of:state buyer of apartment buildings. Needless to say, you're probably well aware of how poorly the Hamilton's longtime residents and tenants are being treated. That the chair -- through the Chair, does the City Attorney have anything to report additionally on the atrocity that's going on over there? Now, regarding SR.1, please vote no. Please respect the Planning, Zoning, and Appeals Board to do its due diligence. Sometimes the best results take time. Please do not pander to land use attorneys who gleefully, brag city commissioners will always do their bidding for whatever scheme is being pushed by those land use attorneys and their customers. Please vote no to automatic upzoning. Please show independence from lobbyists and concurrently vote no to show respect to citizens on the citizens' boards. Again, please vote no on SR.1. And I'm happy to play the tapes of the jackhammers on top of my unit. Vice Chair Russell: Thank you for your comments. Hello. Maria Ray: Hi. Good morning -- good afternoon, actually. Thank you to you, Commissioners, for being here. So, I know it's a long day. I'm just here because I thought there was going to be cake. What happened to the cake? No, just kidding. I also object to the proposed ordinance, SR. 1, because although in theory', it appears to improve a process, I heard a lot of talk about it in practice. It's simply going to City of Miami Page 33 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 make it easier for the developers to advance their own self -interests and undercut the systems that are in place to protect us as citizens. So, there has to be some kind of happy medium, some solution so that it's not just about one developer that wants to get their way, or large developers that want to get their way as we're experiencing. A 60-day deadline in which to determine whether a project conforms to city code, I can 't imagine anybody, but the developers could think that that's a good idea. And it's funny because 60 days is the same amount of time the Denver developer, Aimco, gave us Hamilton residents to get out of our houses by a legally dubious lease termination, and nobody here thought that was enough time. Commissioners, you have a commitment to elevate the quality of life of residents -- the residents of this city, not of Denver. Commissioner Russell, despite your efforts to facilitate a resolution that's beneficial to all the parties, there has been no real progress. And the time is ticking, and it's ticking to the advantage of Aimco. This has become a he said, they said, we said situation and that's gotten us nowhere. And Aimco's carefully worded communications are crafted to make you think that the residents are the problem. I realize that standing here, making that claim, has very little effect. So, I'm willing to present proof at your convenience that it's not the residents who are dishonest. I can show you that Aimco and their attorneys have engaged in dishonest tactics, put forth accusations for which they have no proof engaged in retaliatory actions. They're playing us, all of us, and you would do well keep that in mind. Commissioners, this is -- this is the noise, slightly -- At this time, an audio presentation was made. Ms. Ray: -- that we hear every day, Monday through Saturday, all the time, constantly. And I would just like to know if you're prepared to hold Aimco accountable and stop them from trampling, not just our rights as Hamilton residents, but also those of innocent bystanders that have nothing to do with this. Are you going to put your foot down and stop the abuse that Aimco is heaping on your constituents every day? Are you going to issue a stop work order to protect your citizens and force Aimco to do the right thing? Because they haven't been so far. Vice Chair Russell: Thank you. Ms. Rav: Are you? Vice Chair Russell: Oh, we're -- we're going to get plenty of legal advice on what this body is able to do with regard to a stop work order, trust me. Thank you. Vice Chair Russell: But we won't be answering that right now. Mr. Hannon: Chair, my apologies. Can 1 get the speaker's name. Ma'am, your name, please. Ms. Ray: Sony. Maria Ray, R-A-Y. Vice Chair Russell: Thank you. Alana Greer: Good afternoon. My name is Alana Greer. I'm the director of Community Justice Project, and I've worked with -- and our team has worked with dozens, if not hundreds, of residents that have used the PZAB process as a space to engage with the City, as a space to have their voices heard. I'm emphatically opposed to SR.1. I think this is -- it -- while it looks on paper like a simple means of efficiency, this is really about giving developers power in a space where a constituent -- your constituents, our community, has created a space to actually have a voice. And we know that those voices need to reach you, as well, and they want to reach you, but this isn't the way to do it. I think if you really want to change this City of Miami Page 34 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 process, if something is broken -- because it is, create a meaningful bet -- community benefits program. Create a process for that. Create minimum standards so developers are actually negotiating on a -- on a level playing field with the community, and so when that project gets to you, it's been meaningfully heard. Sixty days is not enough time to do appraisals. We've had community -generated appraisals because there is none before it gets to you in a meaningful way about what an SAP is giving away of -- of public goods. Those things would just not be part of the conversation if this -- if the SR.1 passes. And I also just separately wanted to thank the commissioners who stayed to listen to the community right now, to listen to those spoke in public comments. 1 sincerely appreciate it. As a Miamian, someone who grew up here and loves the city, I was saddened and embarrassed by the discourse I saw this morning. And I know -- and I want to thank everyone on this dais because I saw you stay above that fray and I hope that -- that is the decorum that we can continue to have because I think it's what we all deserve it. Thank you very much. Vice Chair Russell: Thank you. Hello. Bernardita Banfi: Good afternoon. Hi, my name is Bernardita. I'm a Miami Beach resident and I'm here to speak about PZ.2, PZ.3. First of all, thank you so much, Vice Chairman and Commissioners, for taking your time and delaying your lunch to listen to all of us. I am Miami Beach resident. I take my daughter to school in the Design District. I work in Wynwood. I've -- I've done this morning commute for the past ten years. And I really like what is being proposed jrothe area. I really think that, you know, my delays in getting to the Design District from Miami Beach just because -- you know, we just have a couple of lanes, and the person in front of me is liking two or three pictures on Instagram and forgets about the -- the -- the light. It - - it takes time. Kids get late to school. It's not a -- not great for us. I hope you look at this proposal with good eyes. Thank you very much. Vice Chair Russell: Thank you. Hello. Sabrina Valerde: Good afternoon, Commissioners. Sabrina Valerde with Miami Homes for All. I am the policy director. I'm here today on RE.9, and I'm really here today to stress the point that public land for public good, and our coalition is not intending to derail or delay any specific project. The -- the key -- the crucial aspect of this is to incorporate community engagement whenever public land is deployed. There will be other parcels. There are other par -- there is an 18-acre parcel in Allapattah right now, and it requires community engagement, conversations with the community, and the incorporation of that community input into any contract negotiations. So, regardless if the Allapattah Library parcel moves forward, we just ask that the community be engaged. That their input be incorporated into negotiations, and that in the future, there be a policy in place that is transparent and speaks to the community,first before a final design or plan is approved. Thank you, and I hope you have a good afternoon. Vice Chair Russell: Thank you. Donato Helbling: Good afternoon. Thank you so much for the opportunity to speak. My name is Donato Helbling. I want to show my support for PZ.2 and PZ.3. I've been a resident of Miami Beach since 2005 and I've been a business owner in the entertainment district. It's called the south of Railroad in Wynwood. Unfortunately, we didn't make it through the pandemic, so we had to close our gym. My daughter goes to school in Wynwood and now she moved to Design District. And the commute, as beautiful as it is to cross the causeway from Miami Beach to the City, when you make it to 38th Street, it's a vortex of -- I don't know when I'm going to get to work. And I believe that there's -- it -- it's also a little bit of a forgotten part of City of Miami Page 35 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 town , pretty run down, and it really doesn 't match what happens between Miami Beach and the City. And this proposes to -- to revitalize that area, and also the -- it proposes to give private land to the project so that a lane can be added so that it can be a straightforward lane instead of two turning lanes. I think it's a good deal for the City to -- for a private owner to just allow us to add a lane so that -- and also to revitalize the neighborhood. It would come -- it would give us consistency of -- of a nice area from the City -- from the -- from the Beach to the City. And it'll also alleviate traffic, so we won't second-guess driving from our home in Miami Beach to our businesses or to drop off our daughter to school. So, just wanted to let you know that there's a lot of hesitation for us to make that commute. And there's a lot of conversation of going from the City to the Beach, but there's not enough conversation from the Beach to the City. That's where we work. That's where we conduct our business. So, I just wanted to show my support in this initiative. So, thank you very much. Vice Chair Russell: Thanks for the comment. Hello. Ms. Paden: Hi. Well, thank you again for making that conversation happen and allowing me now to give you an update or what the outcome of the conversation was. The conversation didn't yield any results in terms of that -- he again, was not in ability, just like the person in our building is not in ability to really give us what we need in this case -- give me what I need. Vice Chair Russell: Okay. So -- so, you're at an impasse, basically. Ms. Paden: And -- and -- and I just keep saying that they're not doing things in good faith. They are not doing what they say they ought to do. And there's no reason why someone like me needs to be going through this, especially when I even looked into the matter. They made me sign a contract for 20 months when it was in their benefit for their stock market to look good, to get whatever permits they needed, to get whatever money they needed. But then when they didn 't needed me -- Vice Chair Russell: Thank you. Ms. Paden: -- or they wanted to do what they wanted to do, they are kicking me out and they are still gaslighting me and not treating me with the respect and the dignity that I deserve. Vice Chair Russell: Thank you. Ms. Paden: So, what now? Vice Chair Russell: Ma'am, you have legal remedies before you. Right now, we are having City Commission, and we cannot solve this for you. Ms. Paden: Okay. Vice Chair Russell: You're at an -- you're at an impasse with your landlord. That is what the situation is in this moment. So, I don't -- and -- and there's so many of you here. I don't have the ability to hear what specifics they're not agreeing to with you and you're not agreeing to with them and try to help you in this moment. This isn't the time for this. And I really apologize that it's not, but it's not. Ms. Paden: No, I understand. What I'm just -- I'm ju -- I'm just asking you, then, how do we go about it? How can you help us? Can we stop this construction? Can we stop this -- City of Miami Page 36 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Thank you. That -- that -- Ms. Paden: You guys have the power. Can we stop the construction -- stop the permits until this is a resolution. Because we're paying our rent and we're going to be part of a conversation of eviction when we are doing absolutely everything. And you do have the power. Vice Chair Russell: Thank you -- thank you. Do you know that? Because I will be taking this up with our city attorney to know exactly what is possible. Why are you looking at me like this? Do you want me to help you or not? I'm trying -- Ms. Paden: I'm listening. Vice Chair Russell: -- to help you, but literally, this is taking up the whole day on an item that is not on our agenda. And I want to help -- Ms. Paden: I'm listening. Vice Chair Russell: I want to be able to help you. I do not know that we have the legal ability to issue a stop work order on private property, based on an issue that has nothing to do with our building code. Mr. Wysong, can you help address this question? It's been asked about six times already this morning. Can the City of Miami issue a stop work order on Aimco until they come to a resolution with their residents? George Wysong (Assistant City Attorney): So, the issue would be whether -- you know, the building official has the power to do extraordinary things. However, the person has to be in a violation of the building code, and the fact that there's construction noise or something like that, that comes part and parcel with the renovation of a large tower. To answer your specific question, we don't have the authority to just stop it, to engage -- to intercede in a contractual dispute between tenants and the -- the landlord. I just heard that a 20-month lease was signed. There are rights and responsibilities in that lease that perhaps should be litigated. I know that many members of the residents have retained counsel of some sort. And they should be speaking with their counsel to try and determine what steps they can take to proactively -- I don't know if they have to file a lawsuit against the -- against the landlord. But unfortunately, there's nothing in our code that allows us to intercede in a private landlord -tenant dispute. Vice Chair Russell: Thank you. We're looking into mass eviction protections as a whole, as the ripple effect of Surfside will be washing across this entire community, and potential mass evictions happen. So, yes, we were looking to that right now, but we do not have a remedy for you, specifically, in this moment. I'm sorry. We don't. So, we are looking into it. I'm happy to help continue to try to get you all to a middle ground. And some residents have. Some residents have signed agreements, taken a check, and they're gone. But that may not be what you want. So, once I fully understand, I'm happy to help continue, but we can't do it here today. You've already -- Ms. Paden: Sure. So, can -- so I -- Vice Chair Russell: -- come back to speak a second time. Please -- Ms. Paden: Thank you. So, can we -- can-- since this -- since you want to do that part, can we do it with you and me? Since you're offering that, that you're going to have them move forward? Because maybe when you are -- maybe you having their - City of Miami Page 37 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: I'm --I'm happy to for you to work with my staff and we'll try to schedule something because there's another 30 people who have the same situation as you or similar or completely different. I don't know. Ms. Paden: So, can we do it as a group? Vice Chair Russell: Yes. And I -- I've already offered that, and we've already started that process. I'm happy to do that. I'm happy to continue doing that. Ms. Paden: Okay. So, I will follow up on that, so -- because I really believe that if we do it as a group, with your intelligence and your leadership and your commitment to us as constituents, you're going to be able to move this needle and help us. I'm sure about that -- Vice Chair Russell: Now, you 're just being nice. Ms. Paden: -- and I pray for that. Thank you. Vice Chair Russell: Thank you. We have to break in a few minutes here. I cannot -- we're losing our quorum, and I really want to make sure each of you gets the attention needed for your item. But we're -- we 're already going on two hours past the break we're supposed to have for lunch, which will push back everything. So, what I'd like to do, especially now that we're having people come back to speak twice on the same item, I need to break so that we can listen to you with full ears. And I apologize because I know you've been here waiting this long, but we've got well over an hour left of people here standing that have yet to address us. So, we must take a break so I can get a full quorum back here to listen to you appropriately. So, it is quarter to 2:00 right now. We can come back at -- Mr. Watson, Mr. Reyes -- yeah, we don't even know quorum at this moment. So, we're going to break until 3:30, at which point will take up the CRA meeting right then. We don't even have a quorum to take up the CRA meeting now. So, 3:30 -- 3:30, CRA meeting. Does that work for you, Commissioner? Commissioner Watson: Yeah. Vice Chair Russell: I mean -- Commissioner Watson: I mean -- Vice Chair Russell: -- we -- we don't have a quorum. Commissioner Watson: If -- if -- if I can get one after the press conference, can we do it then? And then -- Vice Chair Russell: There's a press conference now? Commissioner Watson: Yeah. There's a press conference now. Vice Chair Russell: I thought that already finished. Commissioner Watson: No -- no, that's why, we lost him. So, if I can get him back, can we do it and hold open? How you want to do it. You can -- you can break this one. (COMMENTS MADE OFF THE RECORD) City of Miami Page 38 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Watson: Go -- go ahead and continue item. Unidentified Speaker: Yeah -- Vice Chair Russell: We can't vote on a continuance. What do -- what do you got? Jose Felix Diaz: PZ.7 and PZ.8. Vice Chair Russell: You're requesting -- Commissioner Watson: 3:30, then? Mr. Diaz: We're -- we're requesting a continuance to be on the next agenda. Vice Chair Russell: We'll note that for when we start back up. We don 't -- Mr. Diaz: What's that? Vice Chair Russell: We don't have a quorum to vote on that right now, so we'll note that -- Mr. Diaz: Okay. Do I need to come back up, or you will you --? Vice Chair Russell: No. Can you note it? Mr. Diaz: PZ.7 and PZ.8. Commissioner Watson: It's not a vote. He's just asking for it to be continued to another date. Vice Chair Russell: Yes. We can't do that now. Commissioner Watson: Oh, okay, okay, okay. All right. Sorry. Vice Chair Russell: But we will do -- you don't have to come back for us to do it. Mr. Diaz: Okay. Thank you. Vice Chair Russell: 7 and 8. Can you note that, Mr. Manager, -- Mr. -- Mr. Clerk, can you note that? That was a request for -- Mr. Hannon: PZ.7 and PZ.8 to be deferred to September 13th. Vice Chair Russell: Yes, please. All right. Commissioner Watson: So, 3:30 -- so, 3:30? Vice Chair Russell: 3:30, yes. Commissioner Watson: All right -- all right. [Later...1 Vice Chair Russell: And now I will reconvene with public comment. You can only speak if you haven't spoken yet. Joseph Geller: Mr. Chair? City of Miami Page 39 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Yes, sir. Mr. Geller: Are you taking deferral requests only for the public comment -- public hearing ones or others? Vice Chair Russell: Any -- any remaining item in the agenda that someone has just given up for the day and says, I'd rather here it another time, this day's gone long enough. Mr. Geller: Well, we -- we would rather, but Commissioner Carollo -- Vice Chair Russell: Are you seeking a deferral of Commissioner Carollo's item, not of -- Mr. Geller: He indicated that he wanted to discuss it, and I don't want to request it over him. Do we know -- Vice Chair Russell: We'll have another opportunity when the item comes up to see if he's interested in taking it up or deferring it. Mr. Geller: Okay. Because I certainly don't want to do it in his absence when he indicated he wanted to discuss it. Vice Chair Russell: We -- we wouldn't, yeah. Mr. Geller: Okay. But we don 't -- we -- we do expect him back at some point? Vice Chair Russell: Yes. Oh, no, it's going to come up. Mr. Geller: Okay. Great. Thank you. Mr. Chair. Mr. Hannon: Chair, ill could get the speaker's name -- Vice Chair Russell: Your name, sir? Mr. Hannon: -- for the record. Vice Chair Russell: Representative Joe Geller. We got you. Mr. Geller: I'm sorry. Joseph Geller, Greenspoon Marder, on behalf of the -- the applicant for the original project, Dolce Vita. And we -- we appreciate that, Mr. Chair. Thank you. We'll be back to -- Vice Chair Russell: Thank you. Mr. Geller: -- discuss that when the Commissioner's back. Vice Chair Russell.: Hopefully in the near future. Commissioner Diaz de la Portilla: I'm sorry, Mr. Chair. What's his name? Vice Chair Russell: Joe Geller. Commissioner Diaz de la Portilla: Did you put it on the record as -- your name, sir? Oh, I -- I didn't hear. City of Miami Page 40 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Geller: Did 1-- Commissioner Diaz de la Portilla: Your -- your name, for the record. Joseph -- Mr. Geller: I -- I did. Joseph Geller, Greenspoon Marder, on behalf of Dolce Vita. Commissioner Diaz de la Portilla: And the address? Mr. Geller: 200 East Broward Boulevard, Suite 1800 -- Commissioner Diaz de la Portilla: 1800. Okay. Mr. Geller: Yes, sir. That's Fort Lauderdale -- Commissioner Diaz de la Portilla: Okay. Mr. Geller: -- Florida -- Commissioner Diaz de la Portilla: Broward County? Mr. Geller: -- and it's 33301. And that's across from the federal courthouse on Broward Boulevard, sir. Commissioner Diaz de la Portilla: Across -- diagonal or across? Mr. Geller: No, directly across -- Commissioner Diaz de la Portilla: Okay. Mr. Geller: -- straight -- straight shot from the front door right to the federal courthouse, right on Broward Boulevard. And that's up in -- in Broward County, Senator. Vice Chair Russell: Boy, you guys must've been Om bunch in Tallahassee. Mr. Geller: We were. Thank you, Representative. And -- and -- and the S stands for Scott. Thank you, Senator. Mr. Geller.: Thank you, sir. Vice Chair Russell: Hello, sir. You are recognized. Steven Leidner: Okay. I'll go a little faster. Steven Leidner, 555 Northeast 34th Street, Miami member, a resident of the Hamilton on the Bay. Good afternoon, Commissioners. I tried to make it out of my row when you were asking for public comment regarding the Virginia Key Marina. I would just like to highlight that the City is spending close to $48 million. I believe that number is correct, Commissioner -- Chairman Russell, correct me if it's not, on the -- on the marine stadium -- to renovate the marine stadium. So, in terms of dollars and cents being spent, it's not just the income that comes from the marina, but it's also how it affects the marine stadium. And if you -- you're getting a lot of money from the marine stadium, but you're -- from the marina, but you're losing it because of the marine stadium. I hope you all will look at that equation. So -- so continuing on, I -- I wanted to thank you all because I've been at several meetings and you've entertained residents of my apartment building and you've listened intently, and I believe you've -- you've tried to -- to offer us solutions. The building is a hellscape, and I would like to invite you individually to come and visit our building to see City ofMiami Page 41 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 firsthand what's going on, and that might change your perspective to some degree. Would anyone consider that? Vice Chair Russell: I'll be there. Mr. Leidner: Thank you, Commissioner Russell. Commissioner Diaz de la Portilla: I would, too. Mr. Leidner: Thank you. Commissioner de la Portilla [sic]. Commissioner Watson: What are we coming to see? Vice Chair Russell: The condition of Hamilton. Mr. Leidner: Yeah. It's -- it's not a construction site. It's a deconstruction site -- Commissioner Watson: Well, yeah. Mr. Leidner: -- and it's dangerous -- Commissioner Watson: I don't know if we're supposed to affirm or what we're supposed to affirm, but I've been in Hamilton for the last two years. Mr. Leidner: And I remember you commented. Commissioner Watson: I'm trying to figure out what you all still want to stay there. That notwithstanding, put me on the record. I've been there. Mr. Leidner: And I appreciated your comment, because at one point, the building was a landmark on Biscayne Bay, and at one point, it was a top -shelf residence. So, we look forward to hosting you there and seeing firsthand. And finally, 1 would like to say that it -- it warms my -- or it's -- it brings me some sense of satisfaction that if eviction protection legislation is, in fact, enacted because of our circumstances, that that would go a long way making us whole. So, thank you for considering that, and see you at the Hamilton. Vice Chair Russell: Thank you, sir. Adrian Madriz: My name is Adrian Madriz. I live at 1990 Northwest 4th Court, Apartment 11 in District 5, and I'm hearing support of the residents of Hamilton on the Bay regarding what's going on there. The item I'm speaking on -- 1'm sorry -- is SR.1. And the reason we're tying it to SR.1 today is because it's very clear that this developer, Hamilton on the Bay, Aimco, AIR Communities, has every intention to purchase properties in the vicinity and to create a special area plan on this lot. And we definitely don't want them to be able to avoid any kind of additional scrutiny that the PZAB would be able to provide on this process, and so we're very much against SR. 1, as well. But specifically relating to the conditions of Hamilton on the Bay, I do have to thank you for all of the commitments that you've made today to the residents because we love the fact that you are considering mass evictions legislation. Not only because of what's going on there, but also, as I'm sure you've heard, all the evictions that are planned after the collapse in Surfside. Places like Devon Apartments, places like -- a couple of apartment buildings in North Miami Beach, as well. And I understand that these are outside of the City of Miami, but the reality is, when these evictions occur, they are going to have an extreme effect on our local rental markets and on our local houseless population. And so I cannot stress enough the urgency by which we need to pass mass evictions legislation as quickly as City of Miami Page 42 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 possible to make sure that these landlords cover the costs and the logistics of having to relocate all of those tenants at their dime, not at your dime. One of the things we could've come before you is ask for the City to specifically finance relocation. We understand that that would he incredibly unfair, given that this particular CEO at Hamilton on the Bay made $7.5 million last year and the -- the corporation that he works for made $462 million last year. And that doesn't seem fair that they get to just evict all of their tenants for free and not pay a dime. So, we definitely want to make sure this mass eviction legislation goes into effect as quickly as possible. And the last thing, I'll ask you, Commissioner Russell, you mentioned that you'd be willing to co-sponsor legislation on mass evictions. Can we get a timeline of when it is that we'll be able to see maybe a draft proposal? Vice Chair Russell: Let me -- let me work with the City Attorney's Office and my policy staff and I'll reach out to your representative. Mr. Madriz: All right. Thank you. Vice Chair Russell:: And you directly, if we have your contact. Mr. Madriz: Thank you very much. Vice Chair Russell: Thank you. Thanks for advocating. Mayor Suarez: He's not a representative because he doesn't live in that building. Vice Chair Russell: Correct. He represents Smash the Slumlords, correct? You work with SMASH (Struggle for Miami Affordable and Sustainable Housing)? Mr. Madriz: Yes. (INAUDIBLE). Vice Chair Russell: You need a microphone. Sorry, it won't get recorded. Mr. Madriz: My organization is Struggle for Miami Affordable and Sustainable Housing, and this is one of our campaigns. I do not live at Hamilton on the Bay. However, I am a concerned resident of the City of Miami, as well, in District 5. And coming from that standpoint, I want to make sure that these -- that these requests are taken seriously. Vice Chair Russell: Can you meet with Daniel in my office? Ask for Daniel Hernandez. He's my policy adviser and he'll start working. Mr. Madriz: 1 -- 1 did send him an e-mail already, and so I'm assuming we're -- we're in that process now to set up a meeting. Vice Chair Russell: Sweet. As long as he's got your e-mail and we can be in touch about that timeline process for legislation. Mr. Madriz: I really, do appreciate it. Thank you so much, all of you. Vice Chair Russell: Thank you. Hello. Camilo Mejia: Good afternoon, Commissioners, Mr. Chair. Thank you. My name is Camilo Mejia. I'm here with Catalyst Miami, and we're here also to speak in opposition of SR.1. I'm not even going to use my remarks. I think that people here have had so many very eloquent, very convincing arguments to make. But 1 will say that the way that this is coming across, it seems that we have -- on one hand, we have a citizen staff board acting with the Commissioner -- with the community's best City of Miami Page 43 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 interest at heart. And on the other hand, we have wealthy developers trying to pass an amendment that will allow them to sit around for two months and completely, circumvent community input and concerns, to go straight to you. This is a very valuable community resource that we have to make sure that the community is able to provide input and voice our concerns about projects that can have a huge impact in our lives and the lives of our families. So, it's -- it's very simple. We're here to stand with the people and we -- we hope that you will vote against this amendment and that you will vote with the people, as well. Thank you. Vice Chair Russell: Thank you. Thanks for your comments. Hello. Michael Ramsey: Distinguished gentlemen of the Commission, (UNINTELLIGIBLE) speaking in opposition to SR.1. The proposed ordinance subtext regarding limitations on continuances and deferrals, severability clause, and immediate effective dates puts the current social and cultural fabric and demographic cohesion of Little Haiti at great peril. Thousands of residents of Little Haiti will be directly affected, and many more will be indirectly affected by the Sabal Palm, formerly Eastside Ridge Project, homeowners and renters in particular. There is a deliberative accountability ensuring checks and balances process currently underway at PZAB regarding the burden on developers, Eastside Ridge and Sabal Palm in particular, to show due diligence in demonstrating to decision -makers the merits of their project in order to get approved. This process ensures the protection that should be given to the welfare of current Little Haiti residents. We need to let this process run its course and not parachute procedural modifications that take away from the sanctity of that process. As City of Miami activist David Winker says, this is part of a broader effort to disempower citizen advisory boards, and PZAB in particular. It seems to be focused on cutting PZAB at the knees. PZAB Commissioner Parrish was very eloquent in his comments critiquing SR.1 and its attack on PZAB earlier today, which are on the record. I don't need to repeat. We support the views of Mr. Winker and Mr. Parrish. I think I'm the only entity here. I'm with FANM (Family, Action Network Movement). So, thank you very much for your comments. Vice Chair Russell: Thank you. Thanks for — Mr. Ramsey: We're -- we're in Miami. Vice Chair Russell: 84th Street? Mr. Ramsey: 84th Street. Luis Herrera: Good day. My name is Luis Herrera, president of Biscayne Homeowners Association, 1181 Southwest 22nd Terrace. 1 come over here for the -- the future legislation of -- Vice Chair Russell: Future legislation? Mr. Herrera: Yeah. Vice Chair Russell: We're not hearing those items today. Mr. Herrera: Okay. Vice Chair Russell: That's -- that's for another agenda in the future. Just to let you know it's coming so it's not a surprise. City of Miami Page 44 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Herrera: No, the -- the only thing 1 want to ask is inviting all the neighborhood association to make a comment to -- so we can get in together and -- and decide which way they're going to be. I think that this is the best way because the proposal over here, nobody know anything. Commissioner Carollo: You're right. I will make sure that the Administration informs all the different neighborhood associations, and in particularly informs the neighbors around the Vizcaya one that are the most at risk right now. Mr. Herrera: Okay. Commissioner Carollo: So, if need be, we'll work with you to go door-to-door and inform the neighbors of when this will be coming back in September. Mr. Herrera: Okay. Thank you very much. Commissioner Carollo: Thank you. Vice Chair Russell: Thank you. Hello. Pia Palomino: Hello. Good afternoon, Commissioners. My name is Pia Isabella Palomino. I'm a resident of 321 Northeast 58th Terrace in District 5. I'm here to speak against amendment SR.1. I'm a resident who's spoken up multiple times on development projects that are occurring directly in my community. PZAB has played such a vital role in speaking up for the community, as well as providing a space for community members to come and air their concerns. For a project to get continuously deferred because of its lack of community feedback and engagement does nothing but set a precedent for how we want our community to grow moving forward. Taking away this power takes away the democratic right to your constituents who show up to these meetings and show their concerns. How is this fair? It is playing right into the pocket of money-hungzy developers. They want to be able to pass whatever they want as quickly as they want. Huge SAPs that will drastically affect the community that I live in need to be held accountable. And if a project is continuously deferred, it has been because the community itself has come to speak out against these projects. So, I urge you to please not pass this. Thank you. Vice Chair Russell: Thank you. Thanks for your comment. Mr. Recio. Tony Recio: Mr. Chair, members of the Commission. Tony Recio, 2525 Ponce de Leon Boulevard, Suite 700 in Coral Gables. I just wanted to very quickly address the -- all of the -- the -- the concerns raised by -- by the Hamilton and give us a status update of where we are. We absolutely welcome site visits to anyone who is interested to see it. You'll see, yes, the building is under construction. It is an active construction site. It needs to work -- it needs a lot of work. That's why we're in this pickle that we're in right now. We are doing everything we can to meet with residents and to -- to find arrangements to find them suitable relocation. We're committed to doing that. We will continue to that. We've -- since we last discussed, we've narrowed down the number of residents who -- who still need that -- that kind of assistance to about one -quarter of them. So, we're going to continue to -- to work. That's -- we have our commitment to do that. Vice Chair Russell: Thank you. Mr. Recio: Thank you. City of Miami Page 45 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Is there anyone else who would like to speak on any of the remaining items on the agenda, Planning and Zoning or otherwise? Please approach the lectern. Mr. Winker, hello. David Winker: Good afternoon, everybody. I live in the City of Miami. I have law offices at 4720 South Le Jeune Road. I wanted to speak on a tie-in item to RE.5 on affordable housing. RE.5 contains a quote. The City of Miami affordable housing crisis is a valid public emergency for city residents. As you know, I represent the residents of the Hamilton who are being mass evicted from their homes. Most have lived there for decades. Commissioners, we are all capitalists here. A landlord has every right to come into our community, buy a building, and evict every single tenant. But they must do it in accordance with the law. You heard residents today ask you to make sure the laws are enforced, and they've requested you to come out to take a look at what they believe are actual building violations: noise levels that violate the law, almost daily altercations between construction workers and residents, construction debris raining down, sendering -- sending dangerous debris flying and filling the air with dangerous dust. I'll finish up. Finally, we're asking that you enact legislation that protects our communities when mass evictions happen. You were told today by residents that Aimco is not negotiating in good faith and that the residents are not getting the help they need to be able to move out to avoid the inevitable eviction. Commissioners', these residents are the canary in the coal mine. Post-Surfside mass evictions are going to be a reality. We need legislation that ensures that building owners participate in the costs of their conduct. These people are going to need public services to find housing, and that cost should be shared by these landlords. Thank you. Vice Chair Russell: Thank you. Madam City Attorney, could you assign a -- an attorney with my office to work on this legislation? Because I -- I need to learn what is within our jurisdiction to protect residents from whatever the cause of the eviction may be, whether it's a ripple from the Surfside issue -- and we're having many buildings losing their certificates of occupancy -- or if it's simple landlord -tenant, new owner situations such as this. I'd like to understand what is within our ability, as a city, to do and -- and certainly in the light of the fact that we recognize there was a housing crisis already to start with, which can only get exacerbated from here. Thank you. Ms. Mendez: Okay. Vice Chair Russell.: Anyone else to speak at public comment on any of the remaining items before I close public comment for the rest of the day? Seeing none, all right, I'll close public comment. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 9370 PROTOCOL ITEM Honoree Robin Jones Jackson Presenter Mayor Suarez Protocol Item Certificate of Merit City of Miami Interns Commissioner Watson Recognition La Lucha Guerrillera Anti-Comunista Cubana Mayor Suarez Proclamation City ofMiami Page 46 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 RESULT: PRESENTED Vice Chair Russell: All right. We have some proclamation items before we get to the business of the day. Presentations made. Commissioner Watson: Chair, thank you. Everyone, thank you. We're going to give it back to Chair, take a couple of minutes and then -- thank you. Applause. Todd B. Hannon (City Clerk): Chair, would you like to re -- Vice Chair Russell: We're going to recess the meeting just for ten minutes and we'll reconvene in ten. Thank you. [Later...] Vice Chair Russell: All right. Our final proclamation item is going to be presented by the Mayor. We are reconvened as a meeting and able to conduct official business. Mr. Mayor, good morning. Mayor Suarez: Thank you so much, Mr. Chair. Commissioners, thank you. Presentation made. 1) Mayor Suarez and Commissioners presented a Certificate of Merit to Robin Jones Jackson, Senior Assistant City Attorney, in recognition of her retirement with the City of Miami. Ms. Jones Jackson has been an attorney with the Office of the City Attorney since July 2004 and received her Bachelor of Arts from the University of Mississippi and her Juris Doctorate from Washington & Lee University School of Law. After graduating from law school, Ms. Jones Jackson worked for one of the largest law firms in New York City before joining a major law firm in Miami. She served as Bond Counsel, Disclosure Counsel, Underwriter's Counsel, Credit- Enhancer's Counsel, and Borrower's Counsel for financings in 35 states and foreign countries before joining the Office of the City Attorney. Furthermore, Ms. Jones Jackson has handled some of the City's most significant public financings including the Miami Forever Bond, Port Tunnel Special Obligation Bond, and the Street and Sidewalk Bond. She has been a tremendous asset to the Office of the City Attorney and the City of Miami and she will be missed. Elected Officials paused in their deliberations to wish her the best as she enters this next chapter. 2) Commissioner Watson and City Commissioners recognized City of Miami Interns for the summer service and wish them the best in their future endeavors. 3) Mayor Suarez and Commissioners presented a Proclamation honoring and commending the members of La Lucha Guerrillera Anti-Comunista Cubana. On July 13, 1963 a day also known as "La Ceiba Massacre", the communist regime in Cuba committed a mass execution against 21 guerrillas who were already imprisoned in Isla de Pinos, to mark it as the Day of the Anti -Communist Cuban Guerrilla; and thousands of men and women killed in combat; or were sentenced to die by firing squad without the due legal process. This monument honors the men and women .from the original six provinces of Cuba who fought the Communist tyranny in the valleys and mountains; and to those who collaborated with the guerrillas as regional City. of Miami Page 47 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 advisors. Elected Officials paused in their deliberations to proclaim July 22, 2021 as La Lucha Guerrillera Anti-Comunista Cubana. 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: Now, on to the business of the day. Thank you again, all, for your patience. Mr. Manager, before we take up public comment, we'll be going into the order of the day to set our agenda as soon as the Commissioners are back on the dais. Mr. Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Vice Chair Russell: Thank you. END OF MAYORAL VETO(ES) City of Miami Page 48 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla CA.1 RESOLUTION 9203 Office of Equal Opportunity & Diversity Programs A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE VI/NONDISCRIMINATION ASSURANCE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE CITY'S ADOPTION OF AN UPDATED TITLE VI/NONDISCRIMINATION PROGRAM PLAN ("PLAN") AS REQUIRED FOR THE CITY'S RECERTIFICATION AS A LOCAL AGENCY PURSUANT TO FDOT'S LOCAL AGENCY PROGRAM FOR FEDERAL AND STATE FUNDING OF CITY CAPITAL PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER AGREEMENTS OR DOCUMENTS REQUIRED, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE CITY'S COMPLIANCE WITH FEDERAL, STATE, AND LOCAL NONDISCRIMINATION LAWS AND AUTHORITIES AS MAY BECOME NECESSARY. ENACTMENT NUMBER: R-21-0303 This matter was ADOPTED on the Consent Agenda. City of Miami Page 49 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 CA.2 RESOLUTION 9238 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING, ALLOCATING, BUDGETING, AND APPROPRIATING REIMBURSEMENT GRANT FUNDS FROM THE MIAMI-DADE COUNTY ("COUNTY") BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) ("REIMBURSEMENT GRANT FUNDS") FOR THE GOLD STAR FAMILY MEMORIAL MINI PARK LOCATED AT 2300 SOUTHWEST 22ND TERRACE IN THE CITY OF MIAMI ("CITY"), CITY PROJECT NO. 40-B193522, COUNTY PROJECT NO. 82 ("PROJECT"); FURTHER AUTHORIZING THE CITY'S REQUIRED MATCH IN AN AMOUNT NOT TO EXCEED THREE HUNDRED TWELVE THOUSAND TWO -HUNDRED FIFTY DOLLARS ($312,250.00) ("CITY MATCH") AND INCLUSION OF THE REIMBURSEMENT GRANT FUNDS AND THE CITY MATCH IN THE CITY'S CAPITAL PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AN INTERLOCAL AGREEMENT WITH THE COUNTY FOR THE REIMBURSEMENT GRANT ("AGREEMENT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL RENEWALS, EXTENSIONS, MODIFICATIONS, AND AMENDMENTS TO THE AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0304 This matter was ADOPTED on the Consent Agenda. CA.3 RESOLUTION 9173 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING FIVE (5) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED OF DEDICATION ("DEEDS"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR RIGHT- OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN COPIES OF THE DEEDS. ENACTMENT NUMBER: R-21-0305 This matter was ADOPTED on the Consent Agenda. City of Miami Page 50 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 CA.4 RESOLUTION 9189 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING A PORTION OF THE NORTHERN SIDE OF NORTHWEST 35TH STREET BETWEEN NORTHWEST 3RD AVENUE AND NORTHWEST 5TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, CONTAINING APPROXIMATELY THREE HUNDRED NINETY SEVEN (397) SQUARE FEET; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO SECTION 255.22, FLORIDA STATUTES, IN FAVOR OF N&H PROPERTY INVESTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, THE SUCCESSOR -IN -INTEREST OF THE ORIGINAL DEDICATOR. ENACTMENT NUMBER: R-21-0306 This matter was ADOPTED on the Consent Agenda. CA.5 RESOLUTION 9320 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A JOINDER AND CONSENT TO THE AGREEMENT FOR WATER AND SANITARY SEWER FACILITIES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BY AND BETWEEN THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT AND 191 SW 12 OWNER LLC FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES NECESSARY FOR THE CONSTRUCTION OF THE DEVELOPMENT CONTEMPLATED BY THE PUBLIC BENEFITS AGREEMENT REGARDING CONSTRUCTION OF THE NEW FIRE STATION NO. 4 DATED APRIL 13, 2020. ENACTMENT NUMBER: R-21-0307 This matter was ADOPTED on the Consent Agenda. City of Miami Page 51 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 CA.6 RESOLUTION 9333 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING CHANGE ORDER NO. 1 TO THE REQUEST FOR PROPOSALS NO. 18-19-005 DESIGN -BUILD AGREEMENT ("AGREEMENT") WITH KEARNS CONSTRUCTION COMPANY, A FLORIDA PROFIT CORPORATION ("KEARNS"), FOR THE DINNER KEY MARINA REPAIRS AND RESTORATION PROJECT — DISTRICT 2 ("PROJECT") FOR A NOT -TO -EXCEED AMOUNT OF THREE HUNDRED THOUSAND DOLLARS ($300,000.00) FOR ADDITIONAL SCOPE OF WORK ELEMENTS, THEREBY INCREASING THE CURRENT COMPENSATION LIMIT FROM TWENTY TWO MILLION FOUR HUNDRED EIGHTY EIGHT THOUSAND THIRTY EIGHT DOLLARS ($22,488,038.00) TO A NOT -TO -EXCEED AMOUNT OF TWENTY TWO MILLION SEVEN HUNDRED EIGHTY EIGHT THOUSAND THIRTY EIGHT DOLLARS ($22,788,038.00); ALLOCATING FUNDS FROM CITY OF MIAMI ("CITY") DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT CAPITAL PROJECT NO. 40-B193402, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CHANGE ORDER NO. 1 TO THE AGREEMENT WITH KEARNS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN 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-21-0308 This matter was ADOPTED on the Consent Agenda. City of Miami Page 52 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 CA.7 9349 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN CAPACITY BEYOND THE CURRENT ALLOWABLE AWARD AMOUNT OF THREE HUNDRED THOUSAND DOLLARS ($300,000.00) PER REQUEST FOR QUALIFICATIONS ("RFQ") NO. 184144 FOR GENERAL BUILDING/ENGINEERING & SPECIALTY TRADE CONTRACTOR SERVICES, FOR INVITATION FOR QUOTATIONS NO. 805382, ISSUED ON JANUARY 10, 2018 BY THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF PROCUREMENT ON BEHALF OF THE CITY'S FIRE -RESCUE DEPARTMENT PURSUANT TO THE RFQ, THEREBY INCREASING THE SUCCESSFUL LOWEST QUOTE SUBMITTED BY EDFM CORPORATION, A FLORIDA PROFIT CORPORATION, FOR THE AMOUNT OF TWO HUNDRED SIXTY ONE THOUSAND SEVEN HUNDRED EIGHT DOLLARS ($261,708.00) BY THE ADDITIONAL AMOUNT OF TWO HUNDRED SIX THOUSAND TWO HUNDRED NINETEEN DOLLARS AND FOUR CENTS ($206,219.04) BASED ON THE SCOPE OF WORK MODIFICATIONS REQUIRED FOR FINALIZING THE INSTALLATION OF TWO (2) GENERATORS AT THE FIRE - RESCUE TRAINING CENTER; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM 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 ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN 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-21-0309 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA Vice Chair Russell: We will take up the remainder of the agenda. Gentlemen, can I get a motion on the CA (Consent Agenda) and the PH (Public Hearing) agenda, please? Moved by Commissioner Reyes, seconded by Commissioner Carollo. That's CA.1 through 7 and PH.1 through 6. Is there any discussion on any of these items? Todd B. Hannon (City Clerk): Chair, just for the record -- Vice Chair Russell: Yes? Mr. Hannon: -- there is a substitution of some backup documents -- backup documents only for CA.3. City of Miami Page 53 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Do you need an amendment? Mr. Hannon: No, sir. Vice Chair Russell: All right. Any further discussion on CA and PH agenda? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 54 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 PH - PUBLIC HEARINGS PH.1 RESOLUTION 9118 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ANNUAL ACTION PLAN FOR FISCAL YEAR ("FY") 2021-2022, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE ANNUAL ACTION PLAN FOR FY 2021-2022 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0310 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item PH.1, please see "End of Consent Agenda." PH.2 RESOLUTION 9230 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING EMERGENCY RENTAL ASSISTANCE 2 FUNDS IN THE AMOUNT OF $22,779,317.10 FROM THE UNITED STATES DEPARTMENT OF THE TREASURY; 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. ENACTMENT NUMBER: R-21-0311 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item PH.2, please see "End of Consent Agenda." City of Miami Page 55 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 PH.3 RESOLUTION 9315 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTER A PUBLIC HEARING, AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EXPEDITIOUSLY REQUEST THAT THE MIAMI-DADE COUNTY TRANSPORTATION & PUBLIC WORKS DEPARTMENT ("DTPW") CONSIDER PROPOSED TRAFFIC FLOW MODIFICATIONS REGARDING THE CITY OF MIAMI'S OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B193615, WAIVE THE REQUIRED RESIDENT CONCURRENCE, AND EXEMPT THE BALLOTING PROCESS IN ORDER TO EXPEDITIOUSLY PROCEED WITH THE DESIGN AND CONSTRUCTION OF TRAFFIC CALMING DEVICES AT SEVEN (7) LOCATIONS IN THE BUENA VISTA RESIDENTIAL NEIGHBORHOOD OF DISTRICT 5; DIRECTING THE CITY CLERK TO SEND A CERTIFIED COPY OF THIS RESOLUTION TO THE DTPW DIRECTOR. ENACTMENT NUMBER: R-21-0312 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item PH.3, please see "End of Consent Agenda." PH.4 RESOLUTION 9353 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE FLORIDA POWER & LIGHT COMPANY, A FLORIDA PROFIT CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE, TEN FOOT (10') WIDE UNDERGROUND EASEMENT OF APPROXIMATELY SEVEN THOUSAND FOUR HUNDRED EIGHTEEN (7,418) SQUARE FEET ("EASEMENT AREA") OF CITY -OWNED PROPERTY LOCATED AT 1061 MACARTHUR CAUSEWAY (FOLIO NO. 01-3231-000-0010), MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE PURPOSE OF CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES, INCLUDING CABLES, CONDUITS, APPURTENANT EQUIPMENT, AND APPURTENANT ABOVE GROUND EQUIPMENT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT AREA LOCATED AT THE PROPERTY. ENACTMENT NUMBER: R-21-0313 City of Miami Page 56 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item PH.4, please see "End of Consent Agenda." PH.5 RESOLUTION 9354 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE FLORIDA POWER & LIGHT COMPANY, A FLORIDA PROFIT CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE, FIVE FOOT (5') WIDE EASEMENT OF APPROXIMATELY FIVE HUNDRED SEVENTY- FOUR (574) SQUARE FEET OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 3385 PAN AMERICAN DRIVE (FOLIO NO. 01-4122-002-0040) AND 2640 SOUTH BAYSHORE DRIVE (FOLIO NO. 01-4122-002-0011) MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("EASEMENT AREA"), FOR THE PURPOSE OF CONSTRUCTION, OPERATION, AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES, INCLUDING CABLES, CONDUITS, APPURTENANT EQUIPMENT, AND APPURTENANT ABOVE GROUND EQUIPMENT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT AREA LOCATED AT THE PROPERTY. ENACTMENT NUMBER: R-21-0314 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item PH.5, please see "End of Consent Agenda." City of Miami Page 57 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 PH.6 RESOLUTION 9355 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, A FLORIDA PROFIT CORPORATION ("TECO"), FOR A PERPETUAL, NON-EXCLUSIVE TEN FOOT (10') WIDE EASEMENT OF APPROXIMATELY SEVENTEEN THOUSAND FOUR HUNDRED SIXTY-SEVEN (17,467) SQUARE FEET OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 3385 PAN AMERICAN DRIVE (FOLIO NO. 01-4122-002-0040) AND 2640 SOUTH BAYSHORE DRIVE (FOLIO NO. 01-4122-002-0011), MIAMI, FLORIDA, (COLLECTIVELY, "PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("EASEMENT AREA"), FOR TECO TO PLACE, CONSTRUCT, OPERATE, MAINTAIN, REPAIR, AND REPLACE UNDERGROUND GAS LINES AND ABOVEGROUND AND UNDERGROUND NECESSARY APPURTENANCES THERETO, WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID EASEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID EASEMENT. ENACTMENT NUMBER: R-21-0315 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item PH.6, please see "End of Consent Agenda." END OF PUBLIC HEARINGS City of Miami Page 58 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 RE - RESOLUTIONS RE.1 RESOLUTION 9261 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI ("CITY") FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022; AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT BOTH SAID PROPOSED MILLAGE RATE AND THE STATUTORILY DEFINED ROLLED BACK MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE MIAMI-DADE COUNTY TAX COLLECTOR TOGETHER WITH THE DATE, TIME, AND LOCATION OF THE CITY'S FIRST PUBLIC BUDGET HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL YEAR AND THE DATE, TIME, AND LOCATION OF THE CITY'S SECOND PUBLIC BUDGET HEARING. ENACTMENT NUMBER: R-21-0316 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Vice Chair Russell: Moving to the RE (Resolution) agenda. We'll take these one at a time, please. RE.1, setting the millage cap, fiscal year 2021, '22 moved by Commissioner Reyes, second by Commissioner Carollo. Any further discussion? Commissioner Watson: Yeah. The question -- Vice Chair Russell: RE.1. Commissioner Watson: We have a proposal -- Unidentified Speaker: Any motion yet? Commissioner Watson: -- of .4681 mills. Vice Chair Russell: Yes. Commissioner Watson: There's a higher amount included somewhere, and I'm trying to -- Vice Chair Russell: Sorry, you need to pull the mic. Commissioner Watson: I'm sorry. There's a higher amount included. I'm trying to make sure that what we're voting is consistent amounts -- Vice Chair Russell: I'm sorry, what? You want a rate -- City of Miami Page 59 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 RE.2 9252 Downtown Development Authority Commissioner Watson: -- and doesn't deviate. So, yeah, this is -- it's just the rate. Is the rate consistent? Because I -- I thought 1 saw something that gave the impression that the rates were not consistent with what they were asking for. Vice Chair Russell: RE. 1. I'm sorry. Are you saying you wanted to raise taxes to a higher amount, Commissioner Watson? Commissioner Watson: No -- no, I'm not trying to raise anybody's taxes. Vice Chair Russell: Just want to get it on the record. Commissioner Watson: There's a -- there's a -- there's enough misinformation coming from that outside. Don't have none coming from this side. Just on RE.2, maybe Commissioner Reyes. Vice Chair Russell: We're on RE.1. The City's -- the City's millage. Commissioner Watson: Okay -- okay. All right. Thank you. Vice Chair Russell: Any questions on the City's millage? None. All in favor, say aye. The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Taxes -- tax rate will remain flat. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("MIAMI DDA") FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022; AUTHORIZING THE EXECUTIVE DIRECTOR OF THE MIAMI DDA TO SUBMIT SAID PROPOSED MILLAGE RATE AND STATUTORILY DEFINED ROLLED -BACK RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND TAX COLLECTOR TOGETHER WITH THE DATES, TIMES, AND LOCATIONS OF THE PUBLIC HEARINGS AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE, THE MIAMI DDA'S TENTATIVE BUDGET, THE TENTATIVE MILLAGE, THE FINAL MILLAGE, AND THE FINAL BUDGET FOR SAID FISCAL YEAR. ENACTMENT NUMBER: R-21-0317 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Vice Chair Russell: RE.2, is there a motion? Commissioner Reyes: Yes, sir. City ofMiami Page 60 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Moved by Commissioner Reyes. Second by Commissioner Carollo. This is the DDA (Downtown Development Authority) millage, also flat relative to last year, if I'm not mistaken. Commissioner Watson: It is flat relative to last year. Vice Chair Russell: Okay. Commissioner Watson: Yes. Vice Chair Russell: Is there any questions on this? Seeing none, all in favor, say "aye. The Commission (Collectively): Aye. Vice Chair Russell: All opposed. Motion passes on RE.2. Thank you very much. City ofMiami Page 61 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 RE.3 RESOLUTION 9316 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AWARDING A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") TO EXP U.S. SERVICES INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("EXP U.S."), THE TOP RANKED RESPONSIVE AND RESPONSIBLE PROPOSER TO REQUEST FOR QUALIFICATIONS NO. 19-20-031 FOR THE PROVISION OF PROFESSIONAL ENGINEERING SERVICES FOR THE INTERSTATE 395 PEDESTRIAN BAYWALK AND BIKEWAY BRIDGE PROJECT — DISTRICT 2 ("PROJECT"), FOR A TOTAL NOT -TO -EXCEED AMOUNT OF FOUR MILLION THREE HUNDRED THIRTY TWO THOUSAND FIFTY THREE DOLLARS AND FORTY ONE CENTS ($4,332,053.41) COMPRISED OF THE FOLLOWING NOT - TO -EXCEED AMOUNTS: FIVE HUNDRED ONE THOUSAND TWO HUNDRED SIXTY EIGHT DOLLARS AND NINETY SIX CENTS ($501,268.96) FOR PHASE 1 OF THE PROJECT, THREE MILLION FOUR HUNDRED FORTY ONE THOUSAND SIX HUNDRED TWENTY TWO DOLLARS AND TWENTY THREE CENTS ($3,441,622.23) FOR PHASE 2 OF THE PROJECT, FORTY FIVE THOUSAND DOLLARS ($45,000.00) FOR REIMBURSABLE EXPENSES, AND THREE HUNDRED FORTY FOUR THOUSAND ONE HUNDRED SIXTY TWO DOLLARS AND TWENTY TWO CENTS ($344,162.22) FOR THE OWNER'S CONTINGENCY ALLOWANCE, ALL AS DETAILED IN EXHIBIT "A," ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE APPROPRIATE CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROJECT AND DEPARTMENTAL BUDGETS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AGREEMENT WITH EXP U.S., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING THE ISSUANCE TO EXP U.S. OF THE APPROPRIATE NOTICES TO PROCEED, PARTICULARLY WHEN PROCEEDING FROM ONE PHASE TO ANOTHER OF THE PROJECT, SUBJECT TO THE FULL AND SATISFACTORY COMPLETION OF EACH PRIOR PHASE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY City ofMiami Page 62 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0318 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Vice Chair Russell: RE.3, moved by Commissioner Carollo, seconded by the Chair. I wanted to make sure to be noted as a sponsor on this item. Any further discussion? All in Avor, say "aye. The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Go, baywalk. Thank you. City ofMiami Page 63 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 RE.4 RESOLUTION 8944 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE DEVELOPMENT AGREEMENT DATED APRIL 20, 2000, AS AMENDED AND ASSIGNED, BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI- DADE COUNTY ("COUNTY"), AND ESJ JI LEASEHOLD, LLC ("ESJ"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND SUBJECT TO APPROVAL BY THE COUNTY, PROVIDING FOR ESJ TO PAY A PORTION OF THE AMOUNTS DUE TO THE CITY PURSUANT TO THE DEFERRAL OF PAYMENTS APPROVED BY RESOLUTION NO. R-07-0405 IN A LUMP SUM PAYMENT OF EIGHT MILLION DOLLARS ($8,000,000.00) AND PROVIDING THAT THE REMAINING BALANCE WILL BE REDUCED BY ONE MILLION TWENTY ONE THOUSAND NINE HUNDRED TWENTY THREE DOLLARS ($1,021,923.00) IF THE HOTEL CONSTRUCTION IS COMPLETED BY JUNE 30, 2026 AND WILL FURTHER BE REDUCED BY TWO MILLION DOLLARS ($2,000,000.00) AND ACCRUED INTEREST WILL BE WAIVED IF PAID IN FULL BY JANUARY 31, 2028; FURTHER AUTHORIZING THE SUBORDINATION OF SUCH AMOUNTS OWED TO THE CITY TO ESJ'S INSTITUTIONAL FINANCING FOR THE HOTEL CONSTRUCTION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SIXTH MODIFICATION TO THE LEASE AND DEVELOPMENT AGREEMENT DATED SEPTEMBER 2, 1997, AS AMENDED AND ASSIGNED, BETWEEN THE CITY AND ESJ, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WHEREBY ESJ WILL BE GIVEN A RENT CREDIT OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00) SPREAD EQUALLY OVER THREE (3) YEARS, PROVIDING THAT THE BREAKPOINT FOR PERCENTAGE RENT OF THE PARK WILL BE REDUCED TO EIGHTEEN MILLION DOLLARS ($18,000,000.00) AND THE BREAKPOINT FOR PERCENTAGE RENT OF THE HOTEL WILL BE REDUCED TO TWENTY ONE MILLION DOLLARS ($21,000,000.00) WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT FROM ESJ AN AMOUNT EQUAL TO APPROXIMATELY EIGHT HUNDRED FIFTY TWO THOUSAND DOLLARS ($852,000.00) AS FULL PAYMENT OF THE OUTSTANDING RENT AND TAXES DEFERRED PURSUANT TO RESOLUTION NO. R-09-0178; RATIFYING, APPROVING, AND CONFIRMING THE CONSENT TO THE YGRENE LOAN DATED AUGUST 9, 2017; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY OTHER RELATED DOCUMENTS AS MAY BE NECESSARY TO ACCOMPLISH THE PROPOSED TRANSACTIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-21-0319 City ofMiami Page 64 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 MOTION TO: Adopt RESULT: ADOPTED MOVER: Jeffrey Watson, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Reyes, Watson NAYS: Carollo Note for the Record: For minutes referencing Item RE.4, please see "Public Comments for allltem(s)." Vice Chair Russell: RE.4, the Jungle Island amendments. Is there a motion for RE. 4? Commissioner Watson: For discussion -- move for discussion. Vice Chair Russell: Move for discussion, second by the Chair. Go ahead, Commissioner, you're recognized. Commissioner Watson: So, the question I have with what we heard this morning, right, the first question is: How is it that city property now does not have to abide by the same laws as everybody else? So, that's the first question I have. Because Code shows up -- just because it's a city property don't mean you can do something different than what everybody else does. Vice Chair Russell.: It does. Commissioner Watson: Well, it shouldn't -- it shouldn't mean that, so we got to figure that one out, right? The second is -- I don't need a study to know that sound across water is higher, and so they need to do everything they can and make sure that they mitigate that noise going into those people's places because we shouldn't continue to have to hear that. Now, if' they want to come back and tell us how they're going to do that and we'll roll this over, then so be it. But those people are not starting -- they don't sound like they're -- they're whining for no reason, and so they should not now have that issue. If it's boats, boats are going back and forth. But if it's permanent sound, then that sound should be turned back away from them. And that's what should be part of the -- the solution to their problem. So, the only -- Vice Chair Russell: Would like to address the legal question of the Charter and the - Victoria Mendez (City Attorney): Right. So, the -- Vice Chair Russell: -- the properties first? Ms. Mendez: The City Code does exempt city properties from the noise ordinance. Vice Chair Russell: So, 1 would believe that the spirit of it is for city projects, city events, city structures. But when we have a private subject, a lessee -- Ms. Mendez: City property. That's how it's drafted. Commissioner Watson: Yeah, city property. Ms. Mendez: So, if you want to change it, that's fine, but we have to change the Code. I -- I just want to be clear on that. But the ramifications of that can be City ofMiami Page 65 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 problematic later for whatever events you do at parks, whatever you do at -- so you really need to be clear on what it is that -- that you -- Commissioner Carollo: Well, it'd be very simple -- Vice Chair Russell: Yes? Commissioner Carollo: -- to do. It would be city property that is being leased on a permanent basis. Vice Chair Russell: Or long-term basis. Commissioner Carollo: Or a long-term basis. Vice Chair Russell: We'd like to bring something back in September to reflect a change. Ms. Mende: Okay. That would be first reading in September? Vice Chair Russell: Yeah, that's fine. Ms. Mendez: All right. Vice Chair Russell: And the spirit of it is to allow events that we are permitting to violate, because that would usually be a concert or something like that, which would obviously be a violation of the standard code. Commissioner Reyes: That -- that we leave concerts out? Vice Chair Russell: Yes. But not long-term tenants, long-term lessees, et cetera, running a establishment that should follow the same rules as anyone else in the City. Commissioner Reyes: Okay. Vice Chair Russell: Mr. Mimoun, how are you? Elie Mimoun: Good afternoon. Vice Chair Russell: Somehow the conversation got to noise instead of the actual financial terms which were meant to come here for. I've got to believe that these residents -- they're no longer in an obstructionist position to stop your project like they may have been three, four years ago and when you all got to the table and figured things out. At this point, their only goal seems to be their quality of life, so 1 -- I -- I don 't believe they would be making this up. Mr. Mimoun: So -- and I don't think anybody's making anything up. I think there 's a lot of inaccuracies, which I'd like to set the record straight, if possible. Vice Chair Russell.: Yes. Commissioner Carollo: Where's Brian? Mr. Mimoun: On his way. He would not miss seeing you and talking to you. Commissioner Carollo: I was wondering if he was trying to save another $1 million. City ofMiami Page 66 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Mimoun: So, to -- thank you. So, to address this, first of all, at the Commissioners' behest, we did order, and we did conduct another noise study on this. It was done in February. I have copies for the Commissioners if you want it. I have a summary and I have the whole deck here, if you want. They came and they visited the site both February 5 and 6, and February 12 and 13, which are Friday, Saturday, Friday, Saturday both, from 3:00 p.m. all the way up to 11:00 p.m., and monitored noise. The findings were -- this is, I think, to the crux of it, that -- and I'll read it. As observed, the facility at the beach club provides negligible noise issues under the weather conditions as observed. Noise levels from the operation are in and meets state and local limits for an increase in ambient sound levels as observed. Basically, they're saying that -- and 1 have the readings. If you want, I can forward them to all the Commissioners, as well. No, that's the old one. I have a new one from February of this year. Because to the point that the residents were saying that we had an old one, we updated it with a new company -- another company, and we got a new one. Basically, the ambient noise at any time from Venetian is between 75 and 104. And I have basically here, which I can share with everybody, the averages. And that's from the ambient noise. It goes from airplanes above traffic, boats, bike, wind, work from across the -- across the bridge where they're building the 195 all over again. And that's reading decibels from 92 all the way to 104. So, the City ordinance that we are trying to comply with, which is 65 at Joia emanating to the Venetian, we could be at 40, and they'll still have readings of over 75. So, I want to set the record straight first of all. And again, I have copies for, and I can share via Dropbox with all the Commissioners. That was the first point. I also have, like all of our residents, videos that we've captured of boats. Passing boats would be easy. They make that noise for a couple of seconds, and they leave. I have -- this study captured some of those boats. And when they pass and leave, the noise is over 105 decibels because they're not even 200 feet from the Venetian. But we have boats that are actually anchoring there, which was brought up in the previous commission hearing. They say boats are standing there for hours and hours and hours. We don't control the boats. We made it very clear, also, to the Commissioners, we have no way of doing that. It's not even for the City to police. This is something that the City has to work out with the State, because it's a public waterway. Vice Chair Russell: Just a moment, Mr. Mimoun. Madam City Attorney, what ability do we have to enforce our noise ordinance on vessels in the waterway? Ms. Mendez: On our noise ordinance, I don 't -- I don 't think we can enforce unless they're, you know, attached to our properties or attached to private properties that they're somehow right next to it. If they're just passing by in the waterways, I think we would -- we need to do a little more research on that one. Vice Chair Russell: Just in time. Chief Acevedo and Chief Morales, if you could help us out here. We're looking for guidance on the law with regard to our ability to enforce noise infractions on the waterway. Manuel Morales: Good afternoon. Manny Morales, Assistant Chief Field Operations. We do -- we use -- we've kind of shifted our strategy, and what we use is the civil citation under the county ordinance. I don't know the number right now, but I believe it's 31-38, which is if the music is audible from the boat at a certain decibel level, we can cite them. So, we purchased those decibel levels -- the meters, and we use them just to give an idea of our enforcement just in that stretch of water. Vice Chair Russell: The county ordinance is specific to boats? Commissioner Watson: Yes. Vice Chair Russell: Interesting. City ofMiami Page 67 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Morales: That specific one is noises from a -- from a vessel. Vice Chair Russell: Why does the County have jurisdiction there and we do not? Mr. Morales: The County has -- their laws are applicable everywhere in the county, so we fall within, so we just piggyback on theirs because it's easier, and it's a civil citation, which they manage the program. It's just a matter of ease for us to use that program. Vice Chair Russell: What's the -- what's the violation? What's the citation? Mr. Morales: It's a $100 civil citation. Vice Chair Russell: $100 citation. And this is for anyone just making too much noise on their boat? Mr. Morales: Correct. If we -- if it's a fragrant violator that we've dealt with before, we do have the option to go under the City noise ordinance, and it's arrestable. Vice Chair Russell: Got it. And have you done this enforcement between Joia and the Venetian? Mr. Morales: Absolutely. That's one of our busiest areas, second only to the Marine Stadium Basin. And just to give you some stats from Marine Patrol, just in that stretch this year, 36 arrests, 466 infractions, 740 boat stops, 13 loud music citations, 138 manatee citations -- I know it's close to your heart, environmental enforcement, there. 42 reports and we've responded to 30 disturbances aboard -- involving vessels in the water. Vice Chair Russell: That's tremendous. So, from where to where? That's -- physically. Mr. Morales: I don't -- I don't know the physicalities of it, but it is that stretch that's between Watson and Venetian because of the result of the complaints that we've received. And I know that there's some discussion between the operators and the residents where the music is emanating from -- or the disturbances are emanating from. Vice Chair Russell: Got it. Okay. So, you are enforcing noise -- Mr. Morales: Absolutely. Vice Chair Russell: -- on boats in that area -- Mr. Morales: Absolutely. Vice Chair Russell:: -- and you have that ability? Mr. Morales: Absolutely. And I know that Commander Regueira, which is our downtown commander -- he has been working with what I know he has identified as the main complainant -- the name escapes me right now, and with the management of Jungle Island to make sure that we come to some sort of amicable accord where the operator is being forthcoming in their efforts to control the music and that the -- the disturbances are being called for something that it is a valid reason for the officers to be able to respond and not just the ambient combination of the music. City ofMiami Page 68 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Art Acevedo (Chief of Police): Let me answer him. Vice Chair Russell: Yes, Chief? Mr. Acevedo: Commissioner, I -- I'd like to explore with Miami Beach and Dade County to come up with a joint enforcement agreement. And we're going to have to look through the state to see if we can actually get an enforcement MOU (Memorandum of Understanding) where we shouldn't be worried about what jurisdiction it is in the bodies of water in the immediate area and out -- I could call it a metropolitan area. So, when Dade County is in our water, they can cite somebody. If we're in their water, they can cite somebody. Miami Beach can cite somebody. Because there's quite a few departments -- more than three is my recollection when I went out with Marine Patrol. We're also going to add four more bodies and a sergeant, I think, Chief that we -- October 1, to increase the unit. So, we're making progress, but obviously it's just -- it's just not enough yet. But that's one of the things that we're working -- we had a meeting about ten days ago where we talked about that -- that concept of operation, and we're still looking into it. Vice Chair Russell: Perfect. Thank you very much. Commissioner Carollo: Chair? Vice Chair Russell: Yes, sir? Commissioner Carollo: Since I have the Chief up here -- both Chiefs, I don't know who could answer the question for me. But what Marine Patrol presence does the City of Miami have in the Miami River in the City of Miami parts of the river, from the mouth to further inland? Mr. Acevedo: They can -- they -- they have gone, Commissioner, all the way in and patrolled that. But the majority of our complaints have -- recently have been more away from the river, and we're really becoming complaint driven. I remember, about a month and -a -half ago, I got a call -- I think it was from you, Commissioner Russell on -- Chairman Russell -- Vice Chairman Russell on -- it was sign or a music boat going up and down. And our folks actually found it and cited it. So, it's going to be really important for us, for our community -- we can get from one point to the other pretty quickly, but to actually be our eyes and our ears so we can respond right away. I -- I would also like to -- if 1 could real quick, Commissioner, I would also like to look at an opp -- at -- at a way for our folks to communicate directly with our marine unit, so when the violation's happening, we can start moving quickly to wherever it 's occurring. Commissioner Carollo: Do -- do we have enough boats that we could put a permanent unit within the Miami River, which is a -- a big chunk that we have patrolling it, and that would cover the area of -- in front of Bayfront Park, Ferre Park, and the islands that we have on -- on -- all the way to Brickell that would cover that whole area? Mr. Acevedo: I don 't -- I -- I don't -- my personal opinion, having been out there with our unit. We don't currently have a large enough unit to effectively patrol all of -- that's why if we can get a MOU while we get ready to add more bodies, it would be helpful. Commissioner Watson: Do we have the boats if we had the bodies? City ofMiami Page 69 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Acevedo: We have eight boats right now, so we do have boats. We just don't have enough crews. Commissioner Watson: Okay. All right. So, can you get me the cost for the additional bodies that you need, so that we could get you the money for this coming budget? Mr. Acevedo: We'd be happy to. We -- yeah. Vice Chair Russell: If you could also add up for me how many motorcycles, we're truly up to from the ones that we had approved that I made the motion for the last meeting, and how many do you really think we should have. And if it's not enough then I'm going to add a few more and -- what you ever -- whatever you give me. Because I -- I'd like to put more motorcycles out, which means we're going to have to hire more people. You know, it's a major need, and we don't have enough of them. Mr. Acevedo: Commissioner, I believe that right now, we have about 28, give or take, of motormen in our department. I believe personally that we lost a -- a little bit of our synergy when we -- when we broke them up into the NETs (Neighborhood Enhancement Teams) because traffic enforcement needs to he data -driven, complaint driven, and you have to do what's called wolf -packing, which is -- you've got to have a -- Commissioner Carollo: I agree. Mr. Acevedo: So, I -- I -- I think you're seeing enforcement go up, but we could -- traffic enforcement is lacking, not just here in Miami, but this entire South Florida. People think this is a Mad Max movie or the Fast and Furious. Commissioner Carollo: Those are the kind of recommendations that you need to bring to us. Mr. Acevedo: Yes, sir. Commissioner Carollo: If we made a wrong decision up here by breaking them up into districts, then you should tell us. But in the meantime, if you could figure out how many, more would really help that it's feasibly -- financially feasible for the City to be able to put on for next budget. Vice Chair Russell: Thank you. And if there are -- if there is a need for more Marine Patrol boats, my understanding -- and I spoke with you about this earlier is that FIND (Florida Inland Navigation District) can actually help us pay for those, and we can help you.find the match. I don't know if that goes toward manpower, as well. I doubt it. I imagine FIND is only paying -- willing to pay for material -- for -- for capital investment. Mr. Acevedo: We'11-- we'll do that assessment, Vice Chairman -- Vice Chair Russell: Thank you. Mr. Acevedo: -- and well get back to you. Commissioner Watson: And that's -- that's the same thing that I was saying about the road safety issue. Mr. Acevedo: Yes. City ofMiami Page 70 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Watson: There are some things we can do, but we need to -- we don't know it. Because not only if -- if boating has a problem, it's the same thing with these fake sports cars. That's the problem. And just having a guy takes him or her away from what you need. So -- and we all have roads. Maybe it's not so much because as Biscayne is self-contained, but we have roads and arteries, and people just outright speeding. You know, it's -- Mr. Acevedo: Oh, that's -- it's -- yeah, I mean, South Florida and Miami is part of a -- is a -- just, like, we're probably one of the only big city departments without a fidl- time DUI (Driving Under the Influence) unit. Houston, two weekends ago, our -- their DUI unit arrested 90 drunk drivers in one weekend in -- in -- in Houston. And here, when we looked at the data in June -- through June, we had 30 for the -- for the year. One of the things that we'd like to consider as we look at the motors is to have a squad that works later into the evening, into the -- in -- aft -- past midnight to potentially do some of that DUI enforcement, some of that speeding enforcement. Commissioner Watson: Well, I'll -- I'll call a commander. Saturday morning, three young people killed themselves speeding, smashed -- 36th Street and 12th -- 36th Street and 12th Avenue. Mr. Acevedo: Now, at which time, Commissioner? Commissioner Watson: It was, like, 6:00 in the morning -- Mr. Acevedo: Yeah. And -- Commissioner Watson: -- 5:00 in the morning. Mr. Acevedo: And a lot of that is people that have been out drinking all night long. They get in the car, and I can tell you that the autopsy -- without even reading it, if we come hack, 1 -- 1 almost guarantee you that alcohol would he involved and the causative factor. Commissioner Carollo: And not just the alcohol, Chief It's the other little stimulants that they take besides the alcohol. Mr. Acevedo: Oh, yes, sir. Yeah. Vice Chair Russell: Thank you. Please don't go far. Mr. Acevedo: Okay. Vice Chair Russell: The subject at hand is the outdoor music at out -- at outdoor venues, and specifically on city properties, which makes it a little more complicated. So, we're not trying to be a buzzkill to entertainment venues that are providing a nice service to people who want to enjoy them. We're also truing to protect the quality of life of our residents. And you're not the only establishment that's having this problem. I'm having the same problem on the Miami River, where I've got an establishment owner who is trying to be cooperative and compliant, yet still keeping people up at night with a thumping Kass. And so, this endless war puts our police and our code and obviously our -- our Administration and political body in the middle of this as a referee. And we would love to find, what is that magic volume that allows you to have customers still come. But I think the bottom line is, we can't have outdoor nightclubs in residential neighborhoods. Commissioner Carollo: That's right. City ofMiami Page 71 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: I mean, this is something you've been very big on for a long time. Commissioner Carollo: I have -- I have. Vice Chair Russell: A lounge, yes. Ambient music, enjoyable listening, yes. But when it's -- when it becomes what would have thumping bass that travels, you know, a quarter mile, it's -- that's where -- Commissioner Carollo: Well -- Vice Chair Russell: -- it's just going to be untenable. Commissioner Carollo: See, you -- you -- you've made my day, Commissioner, because imagine that people that live across the waterway are hearing this and it's bothering them. And I believe it, too. Imagine what was happening in District 3, when right behind the building that you lived, residential, you've got illegal music in a place that we never had warranted it. They should never have had any music, nor food, nor alcohol that they were serving for six years, and nobody saw anything -- you know, nobody saw anything besides not having permits or fire sprinklers that nobody saw. And you're living behind this place, and this is going on until 3. 00 in the morning. This is not across the waterway. This is right -- you know, right behind. And you made my point. But, you know, I'm the guy -- that bad guy. I'm targeting. I'm this. I'm that. But you know what? The damn people in District 3 have spoken up in every poll that they took, and they support me because these are the son of a guns that don't care. They just want to make their money on liquor, not giving a hoot what happens to the residents of Miami. And they're constantly looking for new territory that's cheap, that they can come and grab, put up these clubs, sell their drinks for 20 bucks a shot, and they laugh their way to the bank, you know, every Monday when they reap all they get. And, you know, I'm -- I'm glad that we're speaking up more and more, each and every one of us, throughout our districts. Because frankly, mine is one of the ones that has the least amount of bars or night clubs, and we're stemming out through the residents. Vice Chair Russell: I don't believe it's all or nothing, though. I agree with you. I just don 't believe it's all or nothing. I really do believe you provide a service that people enjoy, but you have bigger fish to fry. This shouldn't be your problem right now. Between the financial issue of building a hotel, having a successful theme park -- like, we should be past this noise issue by now. I don't know what to do. Mr. Mimoun: To be honest, 1 don't think we will ever be past this issue. 1--1 have it now empirical science that the ambient average dB (Ambient decibels) in that area, because of everything around it, hovers between 70 to 100 regardless of if Joia even exists. So, we have to take that into account. Number two, the study also shows that because you're on a body of water, depending on the wind -- if the wind is over ten miles an hour, it'll actually increase it. So, I could be at 30, and they'll hear 45. So, this is science that I don't control. I don 't control the physicality that Joia Beach is on the body of water, and they decided to live in the Venetian, which is on the body of water. Those are elements that I can't help. Even if I put the music at 5 decibels depending on the right weather with the right wind, they'll hear it at 25 -- Commissioner Carollo: Mr. Chair -- Mr. Mimoun: -- and there's nothing I can do about it. What we are doing, though, to their point again, in more conversations. I mean, Morton wasn't here, but Micha and Morton are, almost on a weekly basis, in conversations, either e-mails or phone City ofMiami Page 72 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 calls. And after doing this study, we implemented, and we did install a new sound system. And this new sound system basically built a perimeter of speakers, and all of them are facing into that one radius of perimeter. And the idea would be if the noise level is X in the perimeter, once you get out of the perimeter, it's X minus, and the minus increases as -- as far as you go along. So, we are implementing it, and it's now being collabor -- calibrated with the technicians. I will have his report when he finishes, again, with the decibels and everything, which I am more than happy to share, like I shared everything else. But there's so much we can do at one point that you could come up with your little radio system, and with the right wind, they'll hear it. And there's nothing 1 can do about it. Commissioner Carollo: Well, you might not be able -- Mr. Mimoun: I mean, they can hear people talking. Commissioner Carollo: Elie, you might not be able -- Vice Chair Russell: That's right. Commissioner Carollo: You might not be able to do anything about it, but we can. Commissioner Reyes: Elie, I want to ask you something. There is a -- the main complaint was because the bass was too high. The bass -- the bass was too high. And -- and the -- and I know -- I know there are certain rhythms that they need a lot of bass, and that's what make people jumping up and down. But if you can reduce the bass or point it some other place or try to maintain it a little, and just lower it up a little bit and see what happens. Mr. Mimoun: As I just said, corr -- yes, absolutely. This new system that we're put - - that is now installing and that they're calibrating is going to answer that question, as well. So, we are working towards it. It's not a solution from today to tomorrow. It's more a lot of you know, our trial and error, and it depends -- again, the biggest thing that depends here is the wind and the weather. It's junny as I say it, but this is your biggest one. It can literally be a magnifying. Commissioner Watson: Mr. Chair? Vice Chair Russell: Yes, Mr. Watson. Commissioner Watson: Just a quick question. This system you just referred to, as you step back, it goes down, how long has that been in place? Mr. Mimoun: We just installed it less than three weeks ago, and they're now just adjusting the whole system. Commissioner Watson: Okay. Yeah. Okay. Vice Chair Russell: And I'll -- I'd love to come by and check it out. Mr. Mimoun: Please, yeah. Vice Chair Russell: Yeah. Okay. Mr. Mimoun: Any one of the Commissioners is always invited, of course. Commissioner Reyes: You can go check it out and have dinner over there, you know. City ofMiami Page 73 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Mimoun: Sounds good. Vice Chair Russell: So, yeah. 1--1-- I really believe my residents. 1 don't believe they're going to come here and sit for six hours just to give you a hard time. They're -- they're taking a lot of their time and writing and calling and -- the police and everything. So, it's not just the ambient, you know, baseline level. Their -- their -- their complaints come in when you all are open and when the music is on. So, the thing you can con -- you know, you can 't control the weather and the wind, but you can control your volume. Commissioner Reyes: Abso -- absolutely. Mr. Mimoun: 100 percent, yeah. Vice Chair Russell: And so I -- I -- I think you 're in a -- you know, like I said, you need to make this problem go away so you can deal with the bigger problems that you have -- Mr. Mimoun: Yes. Vice Chair Russell: -- that we can -- Mr. Mimoun: I -- I agree. Vice Chair Russell: We want you to be success_fid as a -- as a -- you know, we're in this -- Mr. Mimoun: I agree. 100 percent agree. We're working towards that. Vice Chair Russell: We need your help on this. Because otherwise, like Coniniissioner Carollo said, we got to go the nuclear option. I don't want to shut down Joia. 1 don't want to take away the CU (Certificate of Use) and find a way to, you know,_ fight over this. Mr. Mimoun: Understood. Vice Chair Russell: I really think that you can comply. So, let's look to the -- the financials. Thank you, Chief I think we're good. Mr. Acevedo: Commissioner, may I -- may I point out one thing out real quick. Because motors kept coming up in traffic enforcement. Right before the -- the protests started, we had our first decentralised -- Saturday, July loth, motor unit did a -- did a -- an operation. 402 vehicles were stopped, 465 tickets were issued, citations, two DUI arrests, one felony arrest, and one warrant arrest. So, that's what happens when you can centralize motors and you work them together. You really have -- I guarantee you if you go back when they were decentralized, you're not going to .find this kind of activity. And I think that's going to be good. Commissioner Carollo: Chief, you ought to go back a little bit into the City's history and find the last time where they had a heck of a DUI team, what years it was. Mr. Acevedo: We're on it. Trust me, Commissioner. Commissioner Carollo: No, but go back and see the last time we had a heck of a DUI team and how it was put together. I knew the Mayor at the time. Mr. Acevedo: Yeah. Am I looking at him? City ofMiami Page 74 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: You are. Mr. Acevedo: Well get it done. Vice Chair Russell: Thank you, Chief All right. So, where are we going on the financials with Jungle Island? Commissioner Carollo: Well, here is where we're going. Commissioner Watson: And your friend rises. Commissioner Carollo: At least from my side. Oh, Brian got up -- Commissioner Reyes: Who is here? Commissioner Carollo: Brian got up. Gentlemen, I got a couple of little problems. One is that they're crying that they need some $5 plus million for us to give them in breaks, after I don't know how many breaks we have given them. But they seem to have enough money to have bought some properties. 5025, 5085 West Park Boulevard in Plano, Texas, about 150,000 square -foot building. Do you know anything about that, Elie? Mr. Mimoun: Yes, sir. Commissioner Carollo: Okay. Mr. Mimoun: ESJ is the fund manager. Commissioner Carollo: Okay. Mr. Mimoun: It has nothing -- our company is an asset manager, and we have several funds. And the And that bought the property in Texas that you're referring to has nothing to do with Jungle Island. Commissioner Carollo: Okay. So -- Mr. Mimoun: Two distinct funds -- two distinct -- Commissioner Carollo: They have -- they have nothing to do -- Mr. Mimoun: One thing, that I'm one of the members of the management company. That's it. Commissioner Carollo: Okay. So, why can't we do business with your fund that has money instead of you doing business with us with a fund that doesn't have money? Mr. Mimoun: I don't even know how to begin to answer that, sir. Commissioner Carollo: Okay. Well, secondly of all, your own audit financials -- this is your audit financials -- state that your viability to pay us the reduced rate of almost 5 plus million less is not so hot within the -- the year that you want to be able to pay us. That according to your own financial audit reports, you might not make it through the year before you could pay us those $8 million and save millions more that we're going to discount for you. So, to begin with, if you're going to give this guy a gift of millions that would be discounted, that I'm not in favor of you should City ofMiami Page 75 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 have to pay it within 30 days, at least. We're waiting a year. Based on his own financials, he night not be able to pay it. Vice Chair Russell: Thank you. Mr. -- Mr. Manager, do you or Mr. Casamayor have recommendations on this item? This is a -- this is a proposal from -- Commissioner Carollo: Before you do that, ifI can, Chair, with all due respect, can I get the new DREAM (Department of Real Estate and Asset Management) director to come up -- and -- ma'am? Suzanne Hollander (Director, Department of Real Estate and Asset Management): Hello -- hello, sir. Hello, Commissioners. Vice Chair Russell: Your name for the record, please? Ms. Hollander: My name's Suzanne Hollander. Vice Chair Russell: Director of Real Estate Asset Management. Commissioner Carollo: Yes. Ma'am, have you gotten through their consolidated financial statements that we have from them and -- Ms. Hollander: Yes. Commissioner Carollo: -- can you tell us what they really say in case I might've misread something. Ms. Hollander: Okay. I can read you -- they were provided to our office in July, and the letter from the -- from -- it's their certified public accountant, MBAF (Mortgage Bankers Association of Florida). It's dated March -- let me see -- 12th, 2021. And it's for the -- it was for the year -- it was consolidate -- consolidated financial statements for the year December -- ending December 31, 2019, and 2018. And it had a -- at the bottom of page 3 -- and I'm just reading it from what it says. It says, Emphasis of matter; substantial doubt about the company's ability to continue as a going concern." And then it says, "The accompanying consolidated financial statements have been prepared assuming the company will continue. As a going concern, as reflected in the accompanying consolidated financial statements. The company generated a net loss of approximately $8,862,000 and $5,533,000 during the years ended December 31, 2019 and 2018 respectively, and had a net working capital deficiency of approximately $21,000,000 and $6,396,000 as of December 31 st, 2019, and 2018, respectively. Most of their working capital deficit is attributable to loan defaults as described in Note 7. Management plans to renegotiate the total loans and obligations with its current lenders. In the event the company is unable to renegotiate these loans, it will have to obtain alternative financing or advances from ESJ JILP, the company's parent, to meet its obligations in the normal course. However, it is also uncertain whether the company's parent can provide the company with alternate financing. These factors and uncertainties raise substantial doubt about its ability to continue as a going concern. Management's plans regarding these matters are further described in Note 1. The consolidated financial statements do not include any adjustments that might result from the outcome of this uncertainty. Our report is not modified with respect to this matter. " Commissioner Carollo: You are the top person in management in the City for us that can best advise us on these or any deals that the City enters into. Based upon what you have just read to us, can you recommend to us to enter into these City of Miami Page 76 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 additional concessions for millions of dollars to them, based upon that we're going to be paid the lesser money within a year? Ms. Hollander: That's -- if it were paid faster, that will be good. That would give more confidence. Commissioner Carollo: Would you feel 30 days is reasonable time if they have their money there? Ms. Hollander: Sure. Commissioner Carollo: I mean, he has access to firms that can invest in a 150,000 square foot building in Texas, which is not cheap. Secondly of all, based on what they've given you that you read, do you think that we should be concerned that -- of their ability to pay us the lesser sum in 12 months from now? Ms. Hollander: What I -- what I read was from their accountants, and their accountants express the concern. So, although I'm not an accountant, their -- that's the audited concern from an accountant. Commissioner Carollo: Okay. Thank you. Do you have any questions, Chair, or anybody else? Commissioner Reyes: Yes -- yes, I do -- I do. And this is for you, Madam City Attorney. When do you get -- because I'd like to be informed also. I see you bringing the financial statement and all of that. Why we didn't all of us receive a copy of it? Commissioner Carollo: I just got it right now. Commissioner Reyes: Yes, but I -- hut I -- hut I didn't. I mean, I don't have anything against you, what you're saying, or anything. 1 just want to know why, if you had it, why wasn 't everyone on this dais provided with the same financial statement? Because I know how to read financial statement myself, too. Ms. Mendez: I just received it today. That's why I passed you the little note about the issue. Commissioner Reyes: No, but 1-- you passed me a note. Would you pass it -- Ms. Mendez: Right. The Commissioner asked me for it, so then I -- Commissioner Reyes: Okay. Ms. Mendez: -- I printed it -- Commissioner Reyes: Okay. I just want to make sure that -- that when you receive - Ms. Mendez: Everybody gets -- Commissioner Reyes: -- that everybody gets it because I think everybody on this dais is capable of reading a financial statement, okay? Ms. Mendez: Understood. Commissioner Reyes: All right. City ofMiami Page 77 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: That's fair -- that's a fair question. She got it today, though. Commissioner Reyes: Yeah. But you know what I mean. Commissioner Carollo: I understand. Commissioner Reyes: You know -- you know what 1 mean. Commissioner Carollo: You -- look, you have every right to ask the -- the question that you did, Commissioner. Commissioner Reyes: Yes, sir -- yes, sir. It's nothing that -- that -- and it's not a matter of preference or anything. It is a matter of being -- I mean, of everybody being -- being informed because I've -- right now I -- from what you said, I don't know what the hell was going on, you see? I couldn't -- I cannot make my mind. And based on what you just said, which I've -- I understood just half of it because with the mask, I -- I don't understand so much. But I -- I mean -- that's right. I mean, and it's not because of my age that I'm -- I mean, I -- I cannot hear. I don't -- I have very good hearing, okay? Ms. Hollander: So, our office -- Commissioner Reyes: And I don't hear with an accent, either. Commissioner Carollo: By -- by the way -- Ms. Hollander: Our office just received this. Commissioner Carollo: The doctors say that's the last thing that goes in -- in the human, to hear. Commissioner Reyes: That's right. That's what they say. So, I want to hear from -- from the City Manager and -- and -- and -- Commissioner Carollo: Thank you. Commissioner Reyes: You -- you -- what you just said. And if I understood that you agree with this deal? Ms. Hollander: What 1-- what 1--1 read something that was written by the -- by the auditors, so that wasn't any of my opinion. Commissioner Reyes: But -- but which auditors? The one that -- that did the financial statement? Ms. Hollander: Yes. Commissioner Reyes: Okay -- okay. Ms. Hollander: The auditors that did their financials. Commissioner Reyes: To make this thing very clear -- Ms. Hollander: Right. City ofMiami Page 78 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Reyes: -- you're saying that they have --1 mean, just in plain English, they have enough money to increase the -- the -- the --1 mean, what they're going to pay the first payment, which is $8.5 million, by August 1st? That's what you said? Ms. Hollander: No. Commissioner Reyes: And then -- and -- Ms. Hollander: That's not what I said. Commissioner Carollo: No. Commissioner Reyes: But that's, probably -- 1 mean, if you were referring to the financial statement, you see, and you're using that as a base, it has to be for something. You see, if you use it for -- for -- as a base, you have to say, okay, according to this financial statement, I considered that instead of -- Ms. Hollander: Right. Commissioner Reyes: -- blah, blah, blah, blah, 8.5, it should be 9 or 10, whatever or you see. But right now, I'm -- I'm kind of confused. Ms. Hollander: I read it because Commissioner Carollo asked me to read it. Commissioner Reyes: Okay. Ms. Hollander: So, that was -- that's how it came to be read. Commissioner Reyes: But 1 want to go to the bottom of this. I mean, because I want to make a decision one way or the other. What I want to say -- I want to make a decision. Are we going to accept this or we're not? But we cannot go hack and forth, you see, saying, now 1 need 9 million, 10 million. 1 mean, this is going on, and the more the time that pass -- that passes by, the -- the -- I mean, the bigger the reduction that we are going -- we are -- I mean, it is the opportunity because that was -- it was being referred as if -- the -- the longer that takes -- this development takes to the -- I mean, to -- to finalize, the less money that we are receiving, I mean, because it has a cost. What I want to go -- if we are going to allow them to go on with this project, let's make a decision. If no, we just -- Vice Chair Russell: Thank you, Commissioner. Does the management have a recommendation on RE.4? Whether it's from any department. Mr. Noriega: So, actually the financial -- the audited fnancial statements actually, 1 think, give credence to the idea of taking as much money up front and as soon as you can rather than kicking that debt obligation down the road. Commissioner Reyes: That's what 1 think. Mr. Noriega: So, in this proposal, obviously, we're accelerating the payment of what's owed in terms of debt. We are making some concessions, but we're accelerating it at a much faster rate than we would have gotten it if it would've been paid over time. That was the purpose behind this. If -- if -- if the financial statements, as -- as Ms. Hollander read out, are -- are any indication, then I would certainly think there's more incentive to get as much money, sooner -- Commissioner Reyes: Yes. City ofMiami Page 79 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: But the -- Mr. Noriega: -- rather than later. Commissioner Carollo: But what your newly hired -- that you hired her, you believed in her, you picked her out of everyone, director of DREAM has stated that she will feel comfortable, and basically advised us, that if we're going to do this deal, that we get our money within 30 days or so, not for a full year. Because based on their own financials, we might not get it if we wait a All year. And -- and that's where I'm heading. That if my colleagues, which -- look, 1 -- I -- 1 could read tea leaves as -- as good as -- or better than most people. My colleagues are headed this way to do this, then I don't want to be having these characters coming up here every six months asking for more and more and more. Because frankly, I -- I can't take, you know, the alligator tears anymore. I -- if this deal 's going to be done, then we need to get our money quickly. Commissioner Reyes: Yes -- yes. Commissioner Carollo: Not in a year's time. Commissioner Reyes: Yes. And I have a question and -- and -- and I haven't finished with my, -- what -- what I was saying. As I read here, the -- the $8.5 million, it will he by August 20, 22nd -- I mean, '22? Brian May: Yes, sir. Commissioner Reyes: Okay. How can you expedite that? Mr. May: We cannot expedite that, sir. Commissioner Reyes: So, it has to be within a year? Mr. May: One year. Yes, sir. Commissioner Reyes: It's going to be 12 months for you to -- Mr. Mav: Yes, sir. Commissioner Carollo: Well, you know, we just had a big discussion here today -- here he is. That's good. I'm glad he's back. About RFPs (Requests for Proposals) and so on and everything. Well, this has become a project, not of what was founded originally by Bern Levine of a real tourist attraction with animals and so on. Got a project of a hotel. I don't know where the animals went, but you know, the bulk of the animals that I remember. Mr. Mimoun: They're still there. Mr. May: There's some animals there. There's still animals. Commissioner Carollo: Even -- even the orangutan that -- Vice Chair Russell: No, no, no. We made an agreement before it went to ballot that the orangutans went to a beautiful sanctuary northwest of Lake Okeechobee. That was a request -- that was a request. Commissioner Reyes: Yes. And I was -- I was -- I was supposed to move to it -- City of Miami Page 80 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. May: And that was fulfilled to the letter. Vice Chair Russell: They're so happy. I went and visited them this past year. They are very happy. Commissioner Carollo: Yeah. Well, I wasn 't around for that agreement -- Commissioner Reyes: You were. Commissioner Carollo: --1 don't think. Vice Chair Russell: Trust me. My -- my wife's a veterinarian, and if fI hadn't passed that agreement, I'd be in a cage somewhere. So, I'm very thankful for that. 1 really appreciate that. Commissioner Carollo: Well, I -- I'm glad we pleased to have your -- your wife. But bottom line is, this has become a hotel project. You know, how many people would stand in line to be able to build a hotel there? Mr. May: There was always a hotel in the lease -- there was always a hotel in the lease. Commissioner Carollo: We'll never -- we never will know. Well, like what we discussed this morning that went through two RFPs. We had numerous companies that told us what we should receive and what we were been offering -- what -- what has been offered to us, rather, has been more than the expert said that was the minimum that we should receive. Here, none of that has happened -- Mr. May: Not true. Coniniissioner Carollo: -- and we have no idea what we really should receive for the hotel. But what I'm hearing is that they want millions -- millions of dollars to be discounted. But on top of that, we got to wait over a year to get paid, and their .financials say that, you know, they're in jeopardy -- their financials -- audited financials, that they may not be able to pay. On top of that, how much is it that, in the lawsuit that Bern Levine filed against you guys, does he claim that you owe him? Mr. Mimoun: He's claiming that the hotel permits are taking too long, and the City is not moving fast enough. Commissioner Carollo: Okay. But what is he claiming in dollars that was owed to him? Mr. Mimoun: 5 -- Commissioner Carollo: Whether that happens or not -- Mr. Mimoun: $5 million. Commissioner Carollo: -- he's going to get paid. Mr. Mimoun: $5 million. Commissioner Carollo: And so -- Mr. Mimoun: Which he would lose if he doesn't get that -- if the hotel's not built. City of Miami Page 81 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: Excuse me? Mr. Mimoun: Which he would lose if the hotel doesn't get built. That was the contingency. Commissioner Carollo: Well, that's -- that's correct. But you're promising to pay down the debt and get millions in discount by being able to build the hotel. So, you're -- Mr. May: We're paying down the debt anyway, Commissioner. Commissioner Carollo: -- you -- you're going to owe Bern $5 million. Mr. May: That was always part of the -- that was always part of the deal. Commissioner Carollo: Yeah. Then that's why I'm bringing it up. Mr. May: Once the hotel gets built. Commissioner Carollo: That's why I'm bringing it up to remind you guys. Mr. May: Thank you. Commissioner Carollo: Now, there another $5 million that they're going to have to pay. And I don 't know how this inks up in a court of law. It might be sooner than later. So, they might have even less money, to pay us 12 months from now if Bern Levine goes to court and he wins so they got to pay him now, not later. But they've got to pay him regardless. So, they've even made my case further of -- of what I'm saying in here, and what the auditor reports that they gave -- their own auditor reports are indicating. So, what I am saying is, gentlemen, you want to go this road to give him all these millions of dollars in discount, at least -- I'm not in favor of it, but at least get them to pay what they're claiming that is the reason that we should give them all these discounts now, not over a year from now -- Vice Chair Russell: Okay. Let me -- Mr. Manager, let me ask you -- Commissioner Carollo: -- because they might not be able to pay and give us back our money. Vice Chair Russell: Got a quick question for the Manager. Mr. Noriega: Yes. Vice Chair Russell: I just -- quick question to the Manager or for the Director. So, the amount they're willing to bring us earlier, up front, do you believe that it outweighs the concessions that we would be granting them? Is this a good deal for us in its current format, not including the timing improvement that -- that Commissioner Carollo's recommending? Mr. Noriega: Yeah, I -- I -- I certainly supported it, in part because it accelerates the upfront payment. The concessions that we've -- we've given them also are offset by the breakpoints being lowered. So our ability to get gross revenue share also happens at an earlier break point in terms of the gross revenue. So, that has to get factored in as well. Vice Chair Russell: Why would you --? City of Miami Page 82 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: How much -- how many millions are they getting in discount? What's the real figure -- the real amount that we're -- getting them offthe hook in paying? Commissioner Reyes: Is this a debt that they're assuming? Commissioner Carollo: Don't matter. They -- they -- Commissioner Reves: No, no, no, but -- no, no, the -- the -- you don't know where I'm heading. Commissioner Carollo: Okay. Commissioner Reyes: Is -- is this a debt that they are assuming? Mr. Chair, may I? Vice Chair Russell: Yes. Commissioner Reyes: Mr. Manager, is this a debt that they're assuming? Mr. Noriega: Is which a debt that they're assuming? Commissioner Reyes: They're assuming a debt of about $13 million or something like that, right? Mr. Noriega: Yes, from the previous --from the previous -- Commissioner Reyes: From the previous? Mr. Noriega: That -- that -- that debt already exists. That -- that's an existing debt. Commissioner Reyes: That's an existing? Mr. Noriega: That's owed to us right now. Commissioner Reyes: Now -- now, my question is the following: If we throw this out of the -- I mean, and we said, we're not going to do anything. We're going to go into an RFP and we're going to get somebody else. That debt is erased. I mean, we're never going to see that money. Mr. Noriega: Well -- well, it doesn't -- it doesn't do that. Commissioner Reyes: Unless we -- we place that in a RFP. Mr. Noriega: No -- no. Mr. May: No. Mr. Noriega: Here's what happens. So, if -- if this deal is not -- you know, if it's not entertained, the Commission votes it down, we're just stuck with the existing debt sitting there, paid and doable when it's due as per the existing agreement. What happens is the existing agreement just stays in place. Commissioner Reves: The existing agreement? Mr. Noriega: Yes. So, the money would be owed to us, but it's owed to us over time. City of Miami Page 83 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Reyes: Okay -- okay. And this way, we're going to get part of the debt paid, I mean, with a discount of a couple of million dollars, okay, part of the debt paid, and it will also expedite the development. Because what I want to see is the development, if it's going to take place, to take place. You see, that's -- that's what I want. Or we start all over again or -- what is the alternative? What alternative do we have, Mr. Manager? Mr. Noriega: They -- they're not in default, so we don 't have the ability to just terminate the lease. Commissioner Reyes: Okay. The -- Mr. Noriega: So, what happens -- the reason this was proposed was for purposes of one, they are offering us an accelerated payment to get a discount, right? We negotiated further, right, the reduction in terms of the breakpoints to add value to the lease later on, right -- Commissioner Reyes: Okay. Mr. Noriega: -- once those rev -- once that revenue was stabilized. That was part of what was negotiated. They proffered it in -- as a means to have a breakpoint or discount on the overall debt number, which is what Commissioner's referencing. In the end, they could pull this offer, or the Commission could decide, hey, we don't want to entertain these amendments. And we're just -- we -- we operate by the existing lease. Commissioner Reyes: And if we -- if -- and if we operate by the existing lease, how much are we going to be receiving? Mr. Noriega: Well, the -- the $15 million gets paid, but over -- Mr. May: 13.8 million over ten years. Mr. Noriega: -- over ten years. Commissioner Reyes: Over ten years? Mr. Noriega: Correct. Commissioner Reyes: Just by accelerating this payment, I mean -- I mean, we are giving them a discount of two and -a -ham Mr. May: Two and -a -half right. Mr. Noriega: Yeah. Commissioner Reyes: Two and -a -half. Okay. That is something that have to be considered. We'd -- but -- but anyways they will have to pay the -- the -- the 13 million or 15 million within 15 years, right? Mr. Noriega: Ten years. Mr. May: Ten years. Mr. Noriega: Ten years. It's a ten -- ten-year (UNINTELLIGIBLE). City of Miami Page 84 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Reyes: Well, it's our decision. Either we get this now, you see -- we get this now or we get it in --1 mean, with a discount and -- or the -- we get that full amount in ten years. It's very easy. 1 mean, it's very easy. Do we get the --1 mean, the debt paid, which is with the discount now, immediately, or we -- I mean, with a discount of two million, or we get the full amount in 15 -- in -- in -- in ten years or 15 years, whatever. I mean, it's easy. Vice Chair Russell: Right. So, the Administration's recommended us to take the bird in the hand. Commissioner Reyes: That's right. I mean -- Vice Chair Russell: The question is, are you able to accelerate any of that initial payment, as Commissioner Carollo is asking? Commissioner Reyes: I agree with -- Vice Chair Russell: And if not, why not? Mr. Mimoun: All I want to say is that the Administration did a great job in negotiating this, and we really reached our max on this on the timing. We are looking, of course, to get financing for the hotel. That's part of'this package of how we're going to pay for this $8 and -a -half million that was increased from eight. So, thank you again. Commissioner Carollo: That's why we're government, so guys like this could come and rape the residents of Miami through our government body. And you know, I -- I -- I spoke my mind. I believe once the vote is taken to accept this that it should be done only if they're going to accelerate that payment at a quick gap, whether it's 30 days, which I think should be, 60 or 90, but it shouldn't go more than 90. And if you think this is the last we've heard of these guys coming up here crying -- Commissioner Reyes: No, no, no. Commissioner Carollo: -- it's -- it's not. I guarantee you. And you mark my words, whoever's left here behind, they'll be back. They will be back. It been like this for some time. Commissioner Reyes: Commissioner, you know the thing is that you -- I agree with you that there was business -- I mean, these people, so -- I mean -- but the truth of the matter is that we are divided. Maybe that's why I've been -- all along I've been very reticent of getting into contracts without doing it through a process that we should vote, you see, where we can get -- Commissioner Carollo: You're right -- you're right. Commissioner Reyes: You see. But now, well, what can we do? We cannot evict them because that happened. They're not in default. Commissioner Carollo: No. Commissioner Reyes: Okay. We -- it -- it's only two things. Commissioner Carollo: And they won't be in default because they got a heck of a deal. Commissioner Reyes: That's right, and -- City of Miami Page 85 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: They won't be in default. Even if we say no to them today, they will not be in default. Commissioner Reyes: What we -- I think we should do is -- I mean, this is -- I mean we are not going to give more concessions, you see. What other concessions can we give? Commissioner Carollo: Yeah. Commissioner Reyes: You see? Commissioner Carollo: I thought that's what we did the last time they came, and we worked it out with them not that long ago, maybe four, five, six months ago. But look, I'm just recommending to you guys -- Mr. May: That was a toning improvement. Commissioner Carollo: -- that if you're going to -- if you're going to accept this, you should consider throwing the gauntlet that they got to pay it within 30, within 60, within 90 days. Commissioner Reyes: I mean, no longer than six months. Commissioner Carollo: If you know, they can't do with it then -- Commissioner Reyes: No longer than six months. Commissioner Carollo: -- I think that should tell you something. So, I haven't heard where they're going to pay. What they did confirm that sooner or later, they got to pay Bern Levine five million. And it's going to be sooner because he sued them, so I don't even know where that five million's coming from. 1 haven't heard that. Commissioner Reyes: Well, I -- I want to see my eight million here soon. Commissioner Carollo: Well, but that's it. Commissioner Reyes: Before the other guy takes it. Commissioner Carollo: Yeah, but Bern Levine is ahead of us right now because he's the one that sued. Vice Chair Russell: All right. We -- we have a motion. It's seconded. Is there a recommended amendment on the item? Because I'm hearing some consensus around trying to accelerate the payment. Commissioner Reyes: Can -- can -- I don't know that six months will be enough? Mr. May: We can 't -- we cannot do it. It has to be one year. We pay -- just so we all understand, under the proposal, within 60 days, we pay $852, 000. That was deferred rent. And then we pay, within -- by August 1, 2022, the 8 -- $8 million. Commissioner Carollo: Does anybody in the audience have a violin? I'd like to play it at this point. City of Miami Page 86 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: So, 1 don't see this as a concession if the Administration's telling us getting the money up front is an advantage to us, right? It's not just a giveaway, it's a trade-off. It's a mutually beneficial trade-off. Commissioner Carollo: Listen -- listen, with all respect to Noriega -- he's a nice guy, he's a manager. But he ran the department with meter maids and didn't make them many big deals. With all due respect, you know, and that deal on the big building there downtown, whatever, you know, I've been given the numbers lately. It wasn 't the best swift deal. So, you know, this really needs to be looked at a little deeper. This woman was brought in to deal with all our assets. She just came in. She's fresh. She's got no beef with anybody. She doesn't know anybody. She's just coming to do the job that she was hired to do. And she gave a very precise, clear-cut statement that was based on their own audited statements that they have provided the City. Now, they think they got the votes here, you know, they got a slam dunk. Of course they're going to tell you, oh, we can't pay. But then some of the other companies that they run -- it's a shell game. You put money here, you take from there. They could buy a 150,000 square foot building in Texas, and I still don't know how Bern Levine is going to get his $5 million paid -- Commissioner Reyes: That's why -- Commissioner Carollo: -- but somehow, I think he s going to get it before our eight million. Commissioner Reyes: That's why I want to get my 8.5. Vice Chair Russell: That's why we want to get ours. Commissioner Reyes: We're going to be -- we're going to be without it. And -- but what I would really love is for you to do whatever you can. But pay as fast as you can. Mr. May: Well, if we could, we would, Commissioner. And, you know, we take the request seriously. It's just -- it 's just not possible. We 've -- Vice Chair Russell: So the way this would work legislatively, this would be an amendment that Commissioner Reyes and Commissioner Carollo are recommending, accelerating it to six months. It would have to be accepted by the mover and the seconder, which would authorize the Manager to negotiate. But if you guys can't do it, you just drop out and it goes back to the default. Mr. May: Absolutely, yes. Commissioner Carollo: Brian, are -- are you getting paid now, or are they going to pay you a year, from now? Mr. May: I get paid on a -- on a monthly basis, Commissioner. Commissioner Carollo: Oh, okay. All right. Thank you for being straight on that one. Vice Chair Russell: So, Commissioner Reyes, you have a -- you want to make the amendment to move it to six months, which -- Commissioner Reyes: Yes. City of Miami Page 87 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: -- would make it or kill it, I don't know. That's up to them on whether they're going to accept it or not. Commissioner Reyes: If they don't accept that, I mean -- Vice Chair Russell: Then you want to go back to the regular schedule? Commissioner Reyes: We only have two alternatives here. Vice Chair Russell: Well, we're making a third here. Commissioner Reyes: Okay. Vice Chair Russell: So, we have two alternatives, status quo or take the deal that's offered to us. Commissioner Reyes: Or take the -- take -- I mean, and -- and that is, I mean, in every kind of business, you see there's always discounts when you're paying. And debts are always -- that have all of the discounts. I -- I don't know. And -- and Commissioner Carollo has a point that -- that we have another competitor that is going to ask him for $5 million, and what's going to happen if they lose $5 million? Vice Chair Russell: Right. Commissioner Reyes: You see? And I think that we can use those $8.5 million and - - and get the rest and -- and -- and try to, I mean, finalize this once and for all. And if we don't -- I mean, if it's the will of the Commission not to accept this deal and -- and go back to the regular payments scheduled for ten years, let's do it. Commissioner Carollo: And they're going to keep it, too, because they got a great deal. Vice Chair Russell: All right. So, this side of the dais says we should amend it to by to get the money six months sooner. How does this side of the dais feel? Because we - - we either pass it as it is and they don 't accept it and dies when it go back to default -- Commissioner Reyes: That's it. Vice Chair Russell: -- or -- or we -- or we take your -- I mean, sorry. We either take the amendment, which may or -- may or may not kill it in their negotiations, or we pass it as is, which is a deal on the table that we know they'll take. Mr. May: Mr. Chairman, I -- I don't want there to be any -- any mistake. If there's a six-month provision, it's not going to be accepted by Jungle Island. So, if you want to take that vote, take that vote, but the $8 million payment would be August 1, 2022. That's all we can accept. We can accept the deal that's on the table, or can go back to the original deal. Vice Chair Russell: So, Commissioner Reyes is the -- is the 12-month to six-month issue a deal breaker for you on this resolution? Commissioner Reyes: And, you know, personally, -- personally, I think that -- that it should be accelerated. I know that they're going to be crying and they -- they're saying no. But that is the deal that they -- they proposed. That was the deal that -- that the Administration accepted. I'd rather have the $8.5 million. Now, let's place City of Miami Page 88 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 -- let's place a penalty on it if they don't pay by the -- by August 20 -- August 1st, 2022. Vice Chair Russell: That's the 12-month. Commissioner Reyes: That's the 12-month. Then they will have to pay the whole thing. Mr. May: We would be in default if we don't make the payment by August 1st, 2022. Commissioner Reyes: Absolutely. They would -- they would be in default. Then if they are in default, then what we can do? We can get them out of there and -- and then -- and start the process. Commissioner Carollo: I'm biting my tongue. It hurts, so -- but I won't say anything else. Commissioner Reyes: Well, say it, then. Speak up your mind. Commissioner Carollo: Well, look, to -- to -- Commissioner Reyes: You never -- you never hold your punches. Commissioner Carollo: -- to -- to -- to me, it -- it is just unreal that individuals that have no bargaining chip are going to come up here and be dictating to us that, well, it's got to be when we're telling you. Commissioner Reyes: Well, that's -- Coniniissioner Carollo: Let -- let me ask you this, Elie. Now, you're going to tell me that if this is not approved today, you're going to go in default? Mr. Mimoun: No, we're not in default. We'll just take the ten-year plan. Commissioner Carollo: No -- no. But you're telling me that you will go into default in the future if we don't approve this today? Mr. Mimoun: No, sir. I am not telling you I will go in default. I'm telling you 1'll keep the ten-year plan. Commissioner Reyes: That's right. That's all it is. Vice Chair Russell: What he's saying is, if we set this 12-month and he misses the 12-month, he'll be in default. Mr. Mimoun: Yes, of course. Commissioner Carollo: So -- so, he's telling us in his own words that if we don't approve this, he's not going to be in default. That's what he's saying. And I believe him, by the way. I believe him because he's got a sweetheart deal. So, if he's not going to be in default, why are we giving him an additional sweetheart deal in discounting this drastically? Vice Chair Russell: So, I'll let the Manager answer that because their advice is to take the greater payment now, rather than letting the schedule play itself out. City ofMiami Page 89 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Noriega: Yeah, I -- I just -- I, just -- you answered it. 1 mean, it's what 1 said earlier. In my opinion and in, you know, obviously, working with staff 1 feel accelerating the payment and getting money quicker and sooner, right, has a lot of value to us. Commissioner Carollo: Why? Because you told me and your staff told me that they could default, so at least we have this money now. But you just heard him stating on the record, they're not going to be in default. And he felt pretty, you know, comfortable in saying that. Mr. Noriega: Well, they're not currently in default. I think the risk -- the -- Commissioner Carollo: I know that. He's talking -- he's talking about the future -- Mr. Noriega: Yeah. Commissioner Carollo: -- which is what I asked him. We know he's not in default now. Mr. Noriega: I think the risk is that they have difficulty getting financing, right? They don't end up getting a hotel and the -- the $13.8 million that's owed to us now, right, will never get paid. Commissioner Carollo: Well, hold on. You say we'll never get paid. We pay those dollars every year, correct? Mr. Noriega: You mean -- you mean the payment back to us is on a -- it's on a payment plan, correct. Commissioner Carollo: So, it's not like if it's up front, then we will be losing that. So, where I'm going to is that they, again, have stated that they're not going to he in default. So, why are we using the default that they could go under it, so we give them an additional sweetheart deal? Mr. Noriega: Because you said it yourself Commissioner. And it was stated, also, by Suzanne in reading out the financial statement, right -- the audited financial statement that if there's any concern over their financial viability, right, then you should be more incentivized to take as much money sooner. Commissioner Carollo: But then -- then again, you can't have it both ways, Mr. Manager. Then you go back to my other statement, that we should not, then, wait a year, a little -- actually over a year to get paid, that we should get paid quicker. So, which is it? Mr. Noriega: Well, but -- but -- but -- Commissioner Carollo: Because you can't have it both ways. And obviously -- Mr. Noriega: No -- no. Commissioner Carollo: -- you're giving them both ways. Mr. Noriega: No, I'm not giving them both ways. They have adamantly stated they're not going to accelerate the 12 months. So, we have two options, right? If they're not willing to accept an accelerated payment, then we leave the deal the way it is now and just take the risk that, hopefully, that -- that debt will be repaid over a ten-year period and that they're a very successful project. City ofMiami Page 90 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: But then let's go back to the other side. You can't have a risk when it's convenient, and then not have a risk when it's not convenient. He stated that they're not going to be in default at any point in the future. Commissioner Reyes: Quick question -- Commissioner Carollo: So, what risks are we looking at -- Mr. Noriega: But of course -- Commissioner Carollo: -- outside of financial -- well, but again, if -- if you're saying of course, that we are, then, what the heck. You know, only -- only someone that's got to be a drunken sailor or something else, would then accept a deal like this and we're going to be paid a year from now. Mr. Noriega: No. But I -- Commissioner Carollo: Especially when I've got it on the record that they owe the previous leaseholder $5 million. He's in court with them now. I don't know -- Mr. Mimoun: I did not say that on the record. Please don 't say I said that on the record. I said he's -- Commissioner Carollo: You said $5 million. Mr. Mimoun: -- he's suing us for $5 million, and I'm saying it's not due. So, please don't put words in my mouth on other lawsuits. Commissioner Carollo: That-- that -- what -- what is due to him? Mr. Mimoun: Zero. Commissioner Carollo: Zero. So -- Mr. Mimoun: There's nothing due, Commissioner. Commissioner Carollo: You -- you told me, at one point in time, that he was suing you fbr monies that were not due now, that they would be due when the hotel would be finally, fully approved by the Commission and no permits. Mr. Mimoun: Are you representing Bern, sir? Commissioner Carollo: Excuse me? Mr. Mimoun: Are you representing Bern at this point? Commissioner Carollo: Am I representing what? Mr. Mimoun: Bern Levine. Are you representing him at this point? Commissioner Carollo: I think you know better than that. Mr. Mimoun: So, 1 don't understand the question. Commissioner Carollo: I haven't spoken to Bern Levine in years -- City ofMiami Page 91 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Mimoun: The law -- the lawsuits that we have with other individuals has nothing to do -- Commissioner Carollo: -- but I'm going based upon what you have stated. Mr. Mimoun: I have stated that he's claiming that he's owed $5 million, and I'm disagreeing with that claim. That's my statement. Commissioner Carollo: Okay. Well, didn 't you say, Brian, before that he was owed that, you know? Mr. May: No, I did not. Commissioner Carollo: Okay. All right. Mr. May: No. And I -- I want to say one other thing on the record -- Commissioner Carollo: The -- the records' there. Mr. May: Mr. Chairman, just one other thing so that everybody understands. The proposal that the Manager negotiated for the City over the term of the lease is worth more money than the current lease. Even with -- even with the upfront payment and the discount on the debt, the overall money to the City over the term of the lease is a plus $11 or $12 million. Commissioner Carollo: The last time -- Mr. May: So, the idea that the City is giving this gigantic concession, with all due respect, it's just not accurate. And I -- I resent the fact -- Coniniissioner Carollo: It -- it is accurate. Mr. May: -- that it's a little misleading. It is not accurate. Commissioner Carollo: It is accurate. And the last time you -- Mr. May: It's not. The reduction in the thresholds increases the money to the City over the term of the lease by $12 million. Commissioner Carollo: The -- the last time that you made similar statements like that, it ended costing the City, when your client sued the City, 20 million plus about 6 and -a -half million. Mr. May: Only because the City called a wrongful default on my client. Commissioner Carollo: No -- no. Vice Chair Russell: And before we get into that -- Mr. May: -- but I will not get into all that because it's a separate issue, but it has nothing to do with this, Commissioner, and you know that. Commissioner Reyes: You don't want to -- you don't want to open that drawer, huh? Russell? Vice Chair Russell: We have a motion and a second on the floor. Is there any further discussion on the item? Why don't we just vote on this and decide. Mr. City ofMiami Page 92 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Watson, are you still good with your motion? It was originally for discussion. Your microphone, please. You moved the item -- Commissioner Watson: I -- I did. Vice Chair Russell: -- so I just wanted to know if you're -- Commissioner Watson: I did move the item, and I guess in all of the -- the discussions, clearly, somehow or another, it has come to the point where the belief is not there that they can satisfy the obligation when it comes due a year from now. Vice Chair Russell: That's not the case. The discussion is whether or not -- they -- they're saying if we accept RE.4, they will 100 percent meet the deadline. And if they don't, they'll be in default, and we can kick them out. That's what they're saying. That's how confident they are of the schedule of RE.4. Commissioner Carollo would like to sweeten the deal for the City by accelerating that initial payment, from a year up to 30 days or six months, worst -case scenario under Commissioner Reyes. They're saying, if that's the case, they drop out of the amendment, they just go back to the original payment schedule, which they will not default on, either, so they say. Commissioner Watson: And -- and the original payment schedule was the -- was before this one? Vice Chair Russell: Yes. Mr. May: Ten years. Vice Chair Russell: And so this is the one that the management is recommending. This is the one they're saying they can comply with. And Commissioner Carollo, nobody, would like to make it better for the City. They're saying they can't move any further. So, the question is whether we accept RE.4 as is, or we don't. Commissioner Watson: And -- and the -- and the -- the Manager the deal that you negotiated -- as you're saying, the new deal is what -- is what was said earlier about $12 million extra? Is that the likelihood? Mr. Noriega: Well, 1 mean, if the project is successful and it, you know, lives the full life of the lease, that's -- that's -- that's the anticipation. Commissioner Watson: And -- and what -- Vice Chair Russell: No, the question is: Do you agree with their assessment of what they're actually -- Mr. Noriega: Yes -- yes. Commissioner Carollo: Yes. The problem is, none of us are going to be sitting here or around when they come back for the next concession with the future Commissions. Mr. May: But -- but -- but -- every -- every single -- Commissioner Watson: Let's do this -- let -- Mr. May: -- every single commitment that this -- Commissioner Reyes: On that note -- on that note -- City ofMiami Page 93 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Watson: Just hold on --, just hold on, Brian. Mr. May: -- leaseholder has made -- Commissioner Watson: Hold on, Brian -- just hold on, Brian. Mr. May: -- they have fulfilled every one of them. Vice Chair Russell: Mr. May -- Mr. May, just a moment. Commissioner Watson: Just hold on, Brian. Mr. May: Everyone. Vice Chair Russell: Mr. Watson? Commissioner Watson: I -- I -- I understand the spirit of what Mr. Carollo is saying. However, I think if we're going to start down the track, and we, you know, jump around too much, then all of these businesses are not going to be able to do the things that we want them to do. So, I'm going to stay with -- with my motion as is, right? And if . they don't comply, then they get kicked out. And we don't want to being potentially sued now by doing something different. That's what my desire would be. Commissioner Carollo: I'll give you odds right now -- and, Mr. Clerk, you save this part of the meeting, at least -- that if this conies around next August and they don't pay, they won't get kicked out. They'll have another concession. Commissioner Watson: Well -- Commissioner Carollo: Whoever :s here. Commissioner Watson: Let it be said. Save it, Mr. -- save it, Mr. Clerk, because they come around next August and they're in default, they ass out the door. Commissioner Diaz de la Portilla: So, I'd like to -- I'd like to call the question. Vice Chair Russell: All in favor of the item, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Commissioner Carollo: Nay. Vice Chair Russell: How many nays? Commissioner Carollo: I'm opposed. Commissioner Reyes: One nay. Vice Chair Russell: One nay. Item passes, 4-1. Mr. May: Thankyou. Mr. Mimoun: Thankyou. City ofMiami Page 94 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Thank you -- for RE.4. City ofMiami Page 95 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 RE.5 9371 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING, CERTIFIED AS AGENCY HEAD, ATTACHED AND INCORPORATED HERETO AS EXHIBIT "A", THAT THE CITY OF MIAMI ("CITY") AFFORDABLE HOUSING CRISIS IS A VALID PUBLIC EMERGENCY FOR CITY RESIDENTS, AND, THEREFORE, IT IS ADVANTAGEOUS AND PRACTICABLE FOR THE CITY TO WAIVE COMPETITIVE BIDDING METHODS PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND THE CONSULTANTS' COMPETITIVE NEGOTIATIONS ACT ("CCNA") SECTION 287.055, (3)(A)(1), FLORIDA STATUTES, AS AMENDED, TO ENGAGE WOLFBERG/ALVAREZ AND PARTNERS INC., A FLORIDA PROFIT CORPORATION ("WOLFBERG") FOR THE PROVISION OF DESIGN SERVICES FOR THE NOT -TO -EXCEED AMOUNT OF FOUR HUNDRED EIGHTY THOUSAND NINE HUNDRED DOLLARS ($480,900.00) FOR AN AFFORDABLE HOUSING PROJECT LOCATED AT 1251 SOUTHWEST 7TH STREET AND 1380 NORTHWEST 6TH STREET, MIAMI, FLORIDA ("PROJECT"); AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") BETWEEN THE CITY AND WOLFBERG, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE IN CONNECTION WITH THE EXECUTION OF THE AGREEMENT FOR THE PROJECT, FUNDING ON A REIMBURSEMENT BASIS FOR A NOT -TO -EXCEED AMOUNT OF FOUR HUNDRED EIGHTY THOUSAND NINE HUNDRED DOLLARS ($480,900.00) FROM THE PROPOSED TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS FOR THE AFFORDABLE HOUSING COMPONENTS OF THE PROJECT BEING DEVELOPED AS A CITY PROJECT, WITH SUCH ALLOCATION BEING 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; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY City ofMiami Page 96 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0320 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 RE.5, please see "Public Comments for allItem(s)." Vice Chair Russell: All right. RE.5 is a four fifths emergency finding, Wolfberg Alvarez & Partners, Inc. Is there a motion on RE.5? Commissioner Carollo: Move. Commissioner Watson: Second. Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner Reyes. Is there any further discussion? Yes, Comiss -- Mr. Clerk? Todd B. Hannon (City Clerk): It's my understanding there's a substitution of item NR -- RE.5 that was sent to the Commissioners on July 20th at 11:44 a.m. Do I need to read -- Vice Chair Russell: Only if it's substantive. Mr. Hannon: Well, the -- the legislation is being amended, so, the Office of the City Manager respectfully requests Item RE.5, emergency finding, Wolfberg Alvarez & Partners, Inc. be substituted into July 22nd, 2022, Miami City Commission meeting due to minor scrivener's -- scrivener errors. Additionally, the substituted items -- additionally, the substituted item identifies Tranche 2 Miami Forever Affordable Housing Limited ad valorem bonds on a reimbursement basis as the funding source, and further includes the cert -- City Manager's emergency findings memo. Vice Chair Russell: Does the mover and seconder accept the amendment? Commissioner Reyes: Move it. Commissioner Carollo: Yes. Vice Chair Russell: Moved and seconded, yes. Amendment accepted. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on RE.5. We already did RE.9 as a deferral. City ofMiami Page 97 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 RE.6 RESOLUTION 9016 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ALLOCATING FUNDING, ON A REIMBURSEMENT BASIS, IN AN AMOUNT NOT TO EXCEED FIFTEEN MILLION DOLLARS ($15,000,000.00) FROM THE PROPOSED TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS ("BONDS") FOR FUNDING THROUGH THE AFFORDABLE HOUSING MIAMI FOREVER BONDS PROJECTS STRATEGIES' CITY ACQUISITION OF LAND STRATEGY ("ACQUISITION STRATEGY"), ATTACHED AND INCORPORATED AS EXHIBIT "A"; FURTHER ALLOCATING FUNDING, ON A REIMBURSEMENT BASIS, IN AN AMOUNT NOT TO EXCEED TEN MILLION DOLLARS ($10,000,000.00) FROM THE BONDS FOR FINANCIAL ASSISTANCE THROUGH THE AFFORDABLE HOUSING MIAMI FOREVER BONDS PROJECTS STRATEGIES' AFFORDABLE NEW CONSTRUCTION RENTAL STRATEGY ("RENTAL STRATEGY"), ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR PROJECTS THAT HAVE APPLIED FOR AND HAVE RECEIVED LOW INCOME HOUSING TAX CREDITS; ALL ALLOCATIONS MUST BE IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA ("STATE"), LOCAL, AND CITY OF MIAMI ("CITY") LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS, INCLUDING BUT NOT LIMITED TO THE CITY'S AFFORDABLE HOUSING MIAMI FOREVER BONDS PROJECTS STRATEGIES, THE MIAMI FOREVER LIMITED AD VALOREM BONDS FINAL VALIDATION ORDER OF DECEMBER 16, 2019, THE TRANCHE 2 AFFORDABLE HOUSING INTENT TO REIMBURSE RESOLUTION, AND THE BONDS (COLLECTIVELY, "LAWS"), AND THESE ALLOCATIONS ARE IN ADDITION TO THE AMOUNTS PREVIOUSLY ALLOCATED FOR THE PREVIOUSLY ALLOCATED PROJECTS; FURTHER DIRECTING THE CITY MANAGER AND THE CITY OF MIAMI'S ADMINISTRATION TO DEVELOP AND REVISE, AS NECESSARY OR APPROPRIATE, ANY AND ALL NECESSARY DOCUMENTS, RULES, REQUIREMENTS, GUIDELINES, AND REGULATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, IN ORDER TO IMPLEMENT THE FUNDING UNDER THE ACQUISITION STRATEGY AND RENTAL STRATEGY (COLLECTIVELY, "STRATEGIES"), SUBJECT TO ALL LAWS THAT REGULATE THE USE OF SUCH FUNDS; THE FORGOING IS SUBJECT TO THE CITY MANAGER IDENTIFYING AND PRESENTING TO THE CITY COMMISSION THE SPECIFIC PROJECTS FOR THE STRATEGIES THAT WILL BE RECEIVING BOND FUNDS PURSUANT HERETO; PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 98 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: Item RE.6 was deferred to the September 13, 2021, Chi Commission Meeting. Vice Chair Russell: I'd like to reconvene the meeting. Thank you everyone for your patience. We have three Commissioners -- two more in the wings somewhere. RE.5 is a four -fifths. We'll skip that. RE.6, allocate reimbursement funds, Tranche 2 of the Miami Forever Affordable Housing Bond. Is there a motion on RE.6? Commissioner Watson: RE.6? Commissioner Reyes: RE. 6? Vice Chair Russell: Yes. I believe that's the Mayor's. Arthur Noriega (City Manager): Yes. As I mentioned last meeting, I'm not sure why this came back now, because I said we were going to address the affordable housing issue as one item with the American Rescue Plan money, all as one sort of strategy. Vice Chair Russell: Would you rather defer Mr. Manager? Mr. Noriega: Yeah. Because it'll -- it'll -- we're going to actually bring all of that to the first meeting in September. Vice Chair Russell: All right. So, that's a request to defer until -- Commissioner Reyes: You're going to do that? Vice Chair Russell: -- September 13th. Mr. Noriega: It -- it needs to -- like I said before, it needs -- we're going to do a comprehensive plan. Commissioner Reyes: Okay. Mr. Noriega: -- which is why I briefed you on -- Commissioner Reyes: That is fine with me -- that is fine as long as we do a -- a -- Vice Chair Russell: Motion, second, September 13th. All in favor say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes deferring RE. 6. Thank you. 13th. City ofMiami Page 99 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 RE.7 RESOLUTION 9351 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT AMENDING SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), TITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND TO NEGOTIATE AND EXECUTE A GROUND LEASE AND MASTER DEVELOPMENT AGREEMENT ("LEASE"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND BISCAYNE MARINE PARTNERS, LLC FOR APPROXIMATELY TWENTY-SEVEN (27) ACRES OF CITY -OWNED PROPERTY (INCLUDING UPLANDS AND SUBMERGED LANDS) IN VIRGINIA KEY AND LOCATED AT 3301, 3307, 3605, AND 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA AND IDENTIFIED AS FOLIO NOS. 01-4217-000-0020, 01-4218- 000-0030, 01-4218-000-0031, 01-4218-000-0010, AND 01- 4217-000-0030 ("PROPERTY") FOR AN INITIAL TERM OF FORTY-FIVE (45) YEARS WITH TWO (2) FIFTEEN (15) YEAR RENEWAL TERMS, WITH THE CUMULATIVE TERM INCLUSIVE OF BOTH RENEWALS NOT TO EXCEED SEVENTY-FIVE (75) YEARS, AND PROVIDING FOR AN ANNUAL BASE RENT EQUAL TO THE GREATER OF (A) FAIR MARKET VALUE AS DETERMINED BY TWO (2) INDEPENDENT STATE CERTIFIED APPRAISERS OR (B) TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) PLUS A PERCENTAGE RENT EQUAL TO SIX PERCENT (6%) OF THE GROSS REVENUES GENERATED FROM WET SLIP AND DRY STORAGE, SIX PERCENT (6%) OF GROSS REVENUES GENERATED FROM FUEL SALES, FOUR PERCENT (4%) OF GROSS REVENUES GENERATED FROM SUBLEASE INCOME AND OTHER INCOME -GENERATING SOURCES RECEIVED, AND ANY RENT INCREASES AND/OR ADDITIONAL RENTS NEGOTIATED BY THE PARTIES; AUTHORIZING THE USE OF THE PROPERTY FOR MIXED -USE WATERFRONT FACILITIES INCLUDING, BUT NOT LIMITED TO, MARINAS, BOATYARDS, DOCK MASTER'S OFFICES, SHIP'S STORES, DRY RACK BOAT AND OTHER VESSEL STORAGE, WET SLIP DOCKS, RESTAURANTS, MARINE -RELATED RETAIL, FUEL FACILITIES, AND OTHER RECREATIONAL AND MARINE RELATED USES, AND SUCH LEASE SUBJECT TO COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, AND RESTRICTIONS IMPOSED UPON THE PROPERTY BY LAW OR BY CONTRACT, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS; CALLING FOR A SPECIAL ELECTION AND PROVIDING THAT THE CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, City ofMiami Page 100 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 2021; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0321 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Watson NAYS: Diaz de la Portilla ABSENT: Reyes Vice Chair Russell: So -- Commissioner Carollo: I'm going to make a motion that we accept the language to go on the ballot on RE.7. Vice Chair Russell: RE.7, there's a motion. Seconded by the Chair. Ms. Mendez: Chairman? Vice Chair Russell: Yes, Madam City Attorney. Ms. Mendez: For this item, I need to amend the addresses. So, I'm going to place all the addresses so that there is no question of the location. Commissioner Carollo: The -- the what, please? Ms. Mendez: Addresses. Vice Chair Russell: Addresses. Commissioner Carollo: Oh, addresses. Ms. Mendez: All the addresses because it has several addresses, and I don't want to just put one address. Commissioner Carollo: Okay. Ms. Mendez: So, we're going to amend that, so it'll be as amended. Commissioner Carollo: Okay, as amended. All right. Vice Chair Russell: Thank you. Is there anyone here from the public who'd like to speak on RE.7? Approve charter amendment Biscayne Marine Partners, LLC (Limited Liability Company). Seeing none, I'll close public comment. Is there a City ofMiami Page 101 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 representative of Biscayne Marine Partners, LLC here? Mr. De Grandy, how are you? Miguel De Grandy: Good morning, Mr. Chair and Commissioners. Vice Chair Russell: Thank you. I have a question for you because a lot of what's been brought here is about the difference between what one company is offering now in a process that's almost coming to a close. The amount you are offering is -- to the City as a return on this lease is equivalent, if I'm not mistaken, or more than the maximum bid on the last two ref -- RFP processes that we went through; is that correct? Mr. De Grandy: That is correct. But also, the item tells you that there will be two independent appraisals, so we're talking about floors, not ceilings. Vice Chair Russell: So, the floor is the 2.5 million base rent? Mr. De Grandy: My understanding, it is. Vice Chair Russell: And that is equivalent to the maximum bid in a fair and open process that we 've had twice over the last seven years? Mr. De Grandy: Yes, and more than $2.75. Vice Chair Russell: So, the idea, theoretically, is that we have gone through a competitive process and the maximum bid has come about. However, today, as -- like I said, a Hail Mary -- it's not an unethical move, but it is a -- is a last attempt to become the -- the lessee — Coniniissioner Diaz de la Portilla: To stop your favoritism -- to stop your favoritism, it is. Vice Chair Russell: Please, Commissioner — Commissioner Diaz de la Portilla: That's exactly it 's about. Vice Chair Russell: -- you're just being rude at this point — Commissioner Diaz de la Portilla: No — Vice Chair Russell: -- and interrupting. Commissioner Carollo: No, no. You have to recognize me on every item that you're Vice Chair Russell: I -- I really don't. When you 're interrupting — Commissioner Diaz de la Portilla: Actually, you do. Vice Chair Russell: -- people, you do not need to be recognized. Commissioner Diaz de la Portilla: Actually, I do need to rec -- recognize. Vice Chair Russell: You don't. Commissioner Diaz de la Portilla: You don't make that choice — City ofMiami Page 102 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Commissioner, we don't need to play these games. Commissioner Diaz de la Portilla: -- and no one will not stop me. Vice Chair Russell: You don 't need to be a peanut gallery to everybody's comments. Commissioner Diaz de la Portilla: No. Vice Chair Russell: We don't need to have this back -and -forth right now. I'm addressing this person at the lectern. Commissioner Diaz de la Portilla: 1 think he's going to address us. Vice Chair Russell: You will have the ability to address him. Commissioner Diaz de la Portilla: Of course. Good. Vice Chair Russell: You'll have the ability to address me, but you don't need to interrupt every Commissioner as they speak. Commissioner Diaz de la Portilla: Until you recognize me. Vice Chair Russell: The other company that is representing RE. 13 and RE. 14 through Commissioner Diaz la Portilla is offering, if I'm not mistaken, a quarter - million dollars more in base rent; is that correct? Mr. De Grandy: No -- no, sir. They're offering $2.75 in rent. That's what I saw on paper. Commissioner Diaz de la Portilla: That's a typo -- that's a typo. Vice Chair Russell: So, if we take that for a typo and it's actually 2.75 million, it would be a quarter -million more than what your client is offering; is that correct? Mr. De Grandy: Yes. But it should give you some pause when a company cannot even review and correct a one -page unsolicited proposal. Vice Chair Russell: It's a trivial typo, but I think the intention there is a 2.75 million. My -- my question to you is: Would your client be open to matching what that amount is that's being offered, which is greater than the maximum amount that's been offered in any bid proposal process that we've had on this property. And if so, my request -- and I've stated this throughout the last two proposal processes over the last seven years, 1 have been seeking a funding source for the Virginia Key Beach Park Trust, and I believe the funding that should help this body, this African - American museum that we're looking to put there that the county has $19 million on hold until we find the operating funds and maintenance funds for which, would we be willing to fund that museum? Because the idea is revenues generated on the island should help complete the master plan of the island, of which the Virginia Key master plan -- master -- Virginia key Historic Beach Park Trust is a part of that master plan, as is your marina space. Would your client be willing to fill that delta? Mr. De Grandy: I missed -- and I apologize because I was trying to get a response from my client, so I missed part of the issue about the museum. I could tell you certainly, my client understands that what is being proposed are floor amounts. My, client understands there will be two independent appraisals. My client understands that, even if the citizens are generous and approve that referendum, there will be a City ofMiami Page 103 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 protracted negotiation. And 1 think all those things are on the table in that negotiation, so — Ms. Mendez: And -- and he understands that just because the citizens agree to that, if no negotiation is made, that this Commission and the Manager do not agree to, he is not entitled to this. Mr. De Grandy: That is of what-- I think that is what I said. Vice Chair Russell: Let me -- let me be clear. Here's my ask. The ask is that your client increase their base rent to the 2.75, ten percent of which would go to the Virginia Key Beach Park Trust on an annual basis. Mr. De Grandy: Okay. Hold on. Vice Chair Russell: And if this happens, no one will ever say that we ignored a higher bid, because this will be the highest bid that we've received on this property in its history. Mr. De Grandy: • Agreed. Vice Chair Russell: You agreed that I -- what I just said, or you just agreed to the terms? Mr. De Grandy: I agreed to what you just said and your terms. Commissioner Carollo: Well — Vice Chair Russell: Thank you very much. Commissioner Carollo: Chair? Vice Chair Russell: Commissioner. Commissioner Carollo: Just a -- a quick segment. Look, the 2.5, I'nz sure that Suntex will come now and say they'll give three. And this is the game. The minimum rent that, in the eight years we've been going through this -- and it started three firms bid in the first RFP, then two firms. Now, you're left with 50 percent of the other firm, Suntex alone now, that's conning out and offering. Those are minimum -- whether it's them or the others, minimum amounts that are guaranteed that -- what we will be receiving in actuality each year is going to be much greater than anything that is the minimum amount. That minimum amount is only good for one thing. If you have a pandemic, they don't make enough money, and they're stuck, then, in paying the City. If you have an act of God, God forbid, that there's no money coming in because we've had a major hit in our economy because of something that has happened, then they're stuck in paying that minimum fee. But every year, what we will be getting from that particular site is going to be much, much greater than any amount of minimum rent, whether it's 2 and -a -half million or 2,750,000 or 3 million. Now, on top of that, and this is what is not being discussed or looked at or talked about: what is the total investment, Mr. De Grandy, that is being made into that marina? Mr. De Grandy: It's approximately $115 million. Commissioner Carollo: Okay. Mr. De Grandy: And maybe as high as 128. City ofMiami Page 104 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: Okay. So, somewhere between 115 and 128 million. I'll take the 115 for now. The first part of the contract is how many years? Mr. De Grandy: The first part, I believe, is 45 -- 45 years. Commissioner Carollo: 45. You're talking about -- and this is without even breaking it down in present day value, which would make it much greater -- you're talking that if you break the amount during the 45 years, it will be some $3 million more per -- per year that, in essence, the City is receiving through the back end because we don't have that money to invest, and we don't have to invest it. So, right off the -- the start, you're not guaranteeing just 2.5 or 2.75. You're guaranteeing an additional approximately $3 million per year because of what you're going to invest in that project. So, that's -- you know, if we're going to talk numbers and millions, let's get the millions and the numbers right. Vice Chair Russell: Commissioner, would you accept the amendment to increase the base rent to 2.75? Commissioner Carollo: Of-- of -- of course -- Vice Chair Russell: Thank you. Commissioner Carollo: -- even though for -- for me, between 2.5 and 2.75, it's irrelevant for the reasons that I've -- clearly have stated here. That's not the only money we're going to receive. That's a last resort if all -- you know, if our whole economy crashes. Vice Chair Russell: This is in order to make the ballot language clear, yeah. Commissioner Carollo: Yeah. But the -- the -- the other thing that I -- I want to state in the record, so we don't start debating this whole thing even more. All that we are discussing here on 7 is not whether you like it or not or whatever -- it's the ballot language. That's all. Everything else was discussed at the last meeting. What's before us today is strictly ballot language. Vice Chair Russell: Madam City Attorney, can you amend the ballot language based on this amendment to increase the base rent to 2.75, of which 10 percent would go to the Virginia Key Beach Park Trust within the 75-word limit? Ms. Mendez: So, that's what I wanted to ask you. It's just 10 percent that would go to the Virginia Key Trust, correct? Commissioner Carollo: Yes. Ms. Mendez: The rest would go back to the -- Commissioner Carollo: To the City. Ms. Mendez: Okay. And then, yes, we -- we can amend that within the 75 words. We -- we will obviously do tweaking, so it will be amended a little bit in order to get it on the ballot. But the -- the basic points you've described. Vice Chair Russell: Thank you. Is there any further discussion? Commissioner Diaz de la Portilla, you're recognized. City ofMiami Page 105 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Diaz de la Fonda- Well, I have questions for Mr. De Grandy first. And just for your edification, Commissioner Carollo, and yours, Commissioner Russell -- Commissioner Carollo, if you want to talk numbers, we'll -- we can do that. And it's very simple because you're only talking about 2.5 and 2.75, and -- but you're ignoring all the other numbers. Mr. De Grandy -- and they'll ask the City Attorney a question about what the ballot language says about the minimum investment, the actual amount -- the -- the -- the 115 million you -- that you say you're going to invest. Have you studied the Suntex Marina investments proposal? Mr. De Grandy: The one page proposal? Commissioner Diaz de la Portilla: Yeah. Well, no, the one that's before you today. The -- the -- yeah, the one page proposal. Have you studied that one? Mr. De Grandy: Yes. It's -- it was read by the -- by the Manager fully in the last meeting. Commissioner Diaz de la Portilla: All right. So, you're aware that you're offering six percent of wet -and -dry storage, and they're offering seven percent of wet -and -dry storage. Are you aware of that? Mr. De Grandy: I'm aware that that's what the item says. Commissioner Diaz de la Portilla: You read the proposal. Are you aware that you're offering six percent of fuel sales, and they're offering seven percent of fuel sales? Mr. De Grandy: I'm aware of that those are the two floors. Commissioner Diaz de la Portilla: Are you aware that they're offering four percent of sublease and other income and they're offering seven percent of sublease income - - all sublease income? Mr. De Grandy: I'm aware those are the -- Commissioner Diaz de la Portilla: Three percentage points more. Are you also aware that there is no language in the ballot language that says that you have to invest $115 million? Are you aware of that? Mr. De Grandy: I am aware of that. Commissioner Diaz de la Portilla: So, the voters, when they go vote -- and you have done a lot of election law and you know how -- you've written ballot language before, they're not going to see that you're investing $115 million. And you really don't have to invest $115 million, right? Because there's no -- the negotiations will take place after the referendum. The voters are not going to see that. Mr. De Grandy: Yeah. And -- and I don 't think the current item on Suntex also has an investment amount. Commissioner Diaz de la Portilla: It has a minimum of $100 million. So, maybe you didn't read the proposal. Read it again. As a minimum -- Mr. De Grandy: What -- what -- what is on your agenda today as a -- Commissioner Diaz de la Portilla: No, the -- the -- the proposal. As -- City ofMiami Page 106 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. De Grandy: The ballot language? Commissioner Diaz de la Portilla: No. The ballot language has to have, according to the instructions that I gave the City Attorney, the amount of -- of the minimum investment so that voters can see, when they're making the decision, that there's actual income -- $100 million minimum investment. Ms. Mendez: Right. There -- the -- that one has -- Commissioner Diaz de la Portilla: That was a question -- that was actually the question to the City Attorney, so let -- let's -- let her answer it. Ms. Mendez: Yes, it has the minimum 100 million investment. Commissioner Diaz de la Portilla: So, that -- Mr. De Grandy: Is that the ballot language that was directed by the county -- by the City Commission for the attorney to draft? Commissioner Diaz de la Portilla: No, that was the ballot language that was -- that I discussed with the City -- the City -- Mr. De Grandy: That's what's on the agenda today that hasn't been voted on. Commissioner Diaz de la Portilla: Right -- that I discussed with the City Attorney because I'm a Commissioner and I -- it's my proposal. It is not an unsolicited bid anymore. This now comes from a City Commissioner. Mr. De Grandy: Okay. Commissioner Diaz de la Portilla: So, it my item. Mr. De Grandy: You 're right. Commissioner Diaz de la Portilla: I spoke to my City Attorney, and I said, I want the ballot language to reflect certain things. Among those things that I wanted about language to reflect is a minimum investment of $100 million. Mr. De Grandy: Um-hmm. Commissioner Diaz de la Portilla: Your ballot language does not say that. Mr. De Grandy: Does not say that. Commissioner Diaz de la Portilla: It's just your word. Mr. De Grandy: Well I -- I -- Commissioner Diaz de la Portilla: I mean -- I mean your client's word, sorry. Mr. De Grandy: Yeah. I -- I would think, Commissioner, that once that representation has been made in an open hearing, if after the referendum -- assuming it is successful, my client would do anything less, I would assume that every one of you would have a problem with that. So, I don't see a concern. City of Miami Page 107 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Diaz de la Portilla: And the difference of percentages, does that -- is that reflected -- I'm sorry, let -- let me go to our City Attorney. Is that reflected or not? Ms. Mendez: The -- the percentages that your item has are higher than the ones on RE. 7. Commissioner Diaz de la Portilla: So, for the record to be clear and for your edification, it's not only -- you want to talk numbers? It's not only 2.5 million and 2.75 million. It's substantially more percentage of everything. Every sublease income, retail, fuel sales, everything over a 75-year period. A lot more numbers are guaranteed, and a minimum investment of 100 million, not somebody's word -- that could be a good word, by the way, but in black and white. And that's what we're debating. What we're debating is a difference between a much better proposal that we 're picking today, which we will, because it may be four to one. Who cares -- who cares? That's not -- that's not important. What's important: Is it good for Miamians? What's important is that we offer them choices and a better deal. And so, here's a comparison sheet of both proposals so that everybody can see it. The media and everybody can see the difference. And this Commission, led by you, Commissioner Russell, with your proposal, is going to put on the ballot a lesser proposal than a different vendor. That's what you 're telling them. Instead of saying that's -- you guys come and compete and get -- now you know what the numbers are, right? So, it's easier. Mr. De Grandy: But we -- we also know Suntex's numbers in the last RFP included an $80 million only investment and lower percentages. Commissioner Diaz de la Portilla: Right. But -- Mr. De Grandy: So, the competitive process -- Commissioner Diaz de la Portilla: But that was four -- that was four -- that was -- that was four years ago, five years. We're moving forward. Let's forget about the past. Mr. De Grandy: But ifI may finish, Commissioner -- Commissioner Diaz de la Portilla: Yes. Mr. De Grandy: -- there -- there have been two competitive processes. Commissioner Diaz de la Portilla: 1 know. And your client lost them both. Mr. De Grandy: They have brought lots of different proposals. Commissioner Diaz de la Portilla: But your client lost both. Mr. De Grandy: My, client's proposal hasn't changed. Suntex also lost. Commissioner Diaz de la Portilla: Okay. If I may? But your client lost both. Mr. De Grandy: So did Suntex. Commissioner Diaz de la Portilla: Okay. So, that's why. Let's go before, moving forward, and do an RFP process. What's the reluctance from you -- from your client to have a competitive process? Why do you want to be the only game in town? City ofMiami Page 108 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. De Grandy: Commissioners -- Commissioner Carollo: Here we go again. Commissioner Diaz de la Portilla: No, it's not -- I have the floor. Mr. De Grandy: If I may. Commissioner Diaz de la Portilla: He's the attorney. Mr. De Grandy: This process has taken -- and actually, if -- if you want, I could actually go into my presentation, because the first RFP was numbered 12/14/17. I actually can't find a date -- it's so old that we actually shredded our records, but I believe it either came out in 2014 or sometime in 2015. The second one, which was 16-1707 -- no, 011 came out in February of 2017, okay? We're here today in mid- year of 2021. This marina could have already been built. The opportunity cost of the last six years is huge. And if you want to go into another competitive process and spend another three or four years in protests, et cetera, that's another three or four years of opportunity. Now, it is to -- for you, it is a policy decision as to what you want to do. Do you feel that the last two RFP processes have given you sufficient information to determine who should proceed to award of a future bid? That is what I believe the -- the thinking of the Chair is in -- in -- in setting that item. Now, again, it is up to you. It is a policy decision for you all to make as to where you want to go. But the point is, you know, there have been a lot of misstatements made here that Suntex won the first proposal. They did not. As a matter of fact, both their attorney and our attorney filed a bid protest. In the second RFP, they joined with a company that had been convicted based on defrauding the US Coast Guard. They joined with a company that lied to the Selection Committee, and that was proven through affidavits. They joined with a phantom company that had judgments against it. And they joined, last but not least, with a company that created the biggest spill of sewage in the history of our city in our hay. And so you -- you need to factor whether someone like that is responsible, also, because those are all the things that were vetted in the last two RFPs. It wasn 't only, hey, my client's the incumbent, so he should win. I assume that you all have done an analysis of those six years, of those two procurement processes, of the fact that Suntex didn't win, either, of the fact that they joined with companies of very questionable reputations. And my client's proposal has been consistent throughout. And so it is a policy decision for you to make. Do you want to potentially spend another six years in a procurement battle where, as you can see, obviously, there are the, I'll do a little more, I'll do $5 less, I'll do $5 more. Or do you want to say, we have substantially complied with the -- with the public policy for competitive bidding. We've actually done it twice. And we are satisfied, based on that, as to which company we want to proceed with. And again, it is your policy decision to make. Vice Chair Russell: Thank you. Is there any further discussion on the item? Commissioner Watson: Yeah. Let me -- Vice Chair Russell.: Commissioner Watson, you're recognized. Commissioner Watson: -- let me just find out because we threw a -- threw around a lot of things. And I've come to find out in a very short period of time our processes are not always perfect. First of all, I want to sav, look, we have a lot of family businesses doing great business in this town. This is a town of family businesses, gotten big, started small, and done a lot of good work. So, I didn't even want to really besmirch companies that are family operations, because they've been here, they've grown up here, and they've been productive in the space that they've City ofMiami Page 109 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 occupied. That's one. Two, 1 want to talk about processes, and I think the good part about dialogue is we find out information and we use that as a basis for what we decide. Our processes around here, some of them suck big time, right? Anywhere from trying to provide a boat ramp that takes 12 years. How in the world can you take 12 years to do a boat ramp? I can 't understand. But we have bad processes and we're hopefully in the -- on the road to trying to correct them. To current processes and Commissioner Reyes', in some respect, bypassing the process that I also want to bypass, that's what you do in your yard, code friendly is what you do. What we do with our streets, we should not have to ask or go -- have you tally, a vote with what we do with our streets. They are the city streets. But we have to do that, and so we found ourselves supporting overriding processes because sometimes we have to respond today and not tomorrow. Investment to be made. The good part about investment to be made is that they will put in that dialogue amendment, the minimum investment, and it'll be on the record for the voters and everybody to see. The Manager negotiate those percentages going down the road, after the fact. I agree with you. I've heard that -- I -- I -- I've heard the -- the dialogue of a world - class marina for so long, I'm sick. We got more marinas and golf courses around here than anybody. And so that's really not a signature, but we should not now have lost opportunity costs. Lost opportunity costs. The last marina -- world -class marina cost us how much? $20 million, okay? Cost us $20 million, the City, trying to get a world -class marina. So, at the end of the day, just do the business and pay us our rent money, which is what we're most concerned about. And this process has cost us seven years and lost money. And to that end, I wouldn't invest in it if don't have a solid, ironclad agreement to get my money, hack. Then why should anybody do that, right? And so from that perspective, all those processes notwithstanding, your client will choose to make a gamble. It's about processes, right? And none of our processes are perfect, whether it's an RFP -- and you're the master for overturning RFPs. You are, okay? You are. Not -- notwithstanding, I know you are a master, right? But right now, we're talking about a simple process. And if your client wants to gamble on the process, okay, in order to move this forward, then I move, we move RE.7 and put this charter amendment language on the ballot, including the minimum $115 million investments so the voters can see it, and then we go from there, right? And that's my -- what I'd like to see happen. What -- what we do downstream is something different, but at least let's move this along so that we can then have the rest of the discussions, if there is going to be any at all. Vice Chair Russell: Thank you. Any further comments? Commissioner Carollo: Real quick, Chairman, so we can bring this to a head. We had two requests for proposals within the last seven, eight years. The companies that we hired to give us the worth of this marina -- in other words, what they were suggesting to the City that should be the minimum payment. They're offering much more than that. On top of that, once this goes to the voters and if it's approved by the voters, then it's where the real negotiations begin. Like other projects that we're dealing with now and have dealt with in the past in the City, that's where the City Administration has to, first of all hire two additional firms to come back to us and tell us if what they're offering is market rate or not. Then secondly, the Administration and the Commission has the obligation and the right, even though it's approved by the voters, to negotiate upwards more and to make further requests before it comes to a final vote of this Commission. So, I'm -- I call the question, Chair. Vice Chair Russell: The question has been called. All in favor of the item, say "aye. The Commission (Collectively): Aye. City ofMiami Page 110 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Ms. Mendez: 1 -- you may need public comments — Vice Chair Russell: Yes, Madam City Attorney. Ms. Mendez: If anybody -- public comment. Vice Chair Russell: We already did -- we already did public comment. We already closed public comment. Mr. Hannon: Yes, it was opened at 11:45 and closed thereafter. Ms. Mendez: Oh, okay. I just wanted to clarify really quick that the addresses of the amendments that you requested, I may need to put generally before the addresses because we don't have, like the sketches, but we know more or less where the location of this leaseholds and the Marine Stadium Marina. And then we're revising the -- the amounts as -- as described. Vice Chair Russell: Thank you. Commissioner Watson: So -- so, Mr. Chair, real quick. So, you're just adding addresses. That's not an amendment? Vice Chair Russell: No -- no, the -- Ms. Mendez: I'm sorry? Commissioner Watson: You just changed -- you're -- you're correcting addresses. That's not an amendment? M. Mendez: Right. It will be an amended. It's as amended. Vice Chair Russell: The other amendment has been captured by the mover and the seconder. Commissioner Watson: So, the museum has been captured already? Vice Chair Russell: Yes. The additional -- additional funds. Ms. Mendez:: The -- and the museum 10 percent. Commissioner Watson: And the minimum investment? Vice Chair Russell: The two -- Ms. Mendez: The minimum investment of 100 million. Commissioner Watson: 115. Has that been captured? Ms. Mendez: 115 million. Okay. Is that -- Vice Chair Russell: That was not -- that was not captured in an amendment. Is that Commissioner Watson: Yeah, that's what I'm asking. Vice Chair Russell: Would you like to make that amendment? City ofMiami Page 111 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Watson: 1--1 thought that's what was committed to, the language for the voters so they'll know exactly what's being invested in this project. Ms. Mendez: So, 115 million is -- is what you're asking for as an invest -- Commissioner Watson: Well, that's when I heard -- that's what I heard being thrown around. Mr. De Grandy: 1-1-5. Vice Chair Russell: Is that already -- is that already in the ballot -- Ms. Mendez: That is not -- on the Commission RE. 7 -- Commissioner Watson: That's not in language. We want to make sure the voters know it. That's all. Vice Chair Russell: -- or is it in the backup? Ms. Mendez: On the RE. 7 item, it is not there. Vice Chair Russell: Okay. Commissioner Watson, is that something you're asking for is a commitment within the backup? Commissioner Watson: Yeah. What I'm saying, it should be a part of what the voters see that they're making, they've said it's fine with them. There was other language. The minimum -- they should know what they're voting for and what they should be getting, what they're paying for. Vice Chair Russell: Does the mover and seconder agree with that? He would like to see the -- Commissioner Watson: The -- the -- the minimum investment amount. Vice Chair Russell: -- the minimum investment that the applicant would be providing into the property in addition to the base rent, percentage rent. Commissioner Carollo: The -- the -- the problem that I see is can we fit all that in the limited amount of words we have? Commissioner Watson: I -- I agree. And so -- because I've been on other side of trying to read that stuff and it's confusing. Commissioner Carollo: Yeah, that's the problem. I mean, for -- the way I'd look at it is to their advantage, the City's advantage for the voters to pass it if they see that. But I don 't know how it would be stated. Ms. Mendez: Our drafts -- our drafts have it under the 75 words. The -- the draft when we -- because we had to massage the RE.13 and RE.15 -- RE.14 item to have the capital, so that has that already. So, we already have the drafts, but I'm just telling you I have to amend it in order to put the addresses and -- Commissioner Carollo: Yeah -- yeah. I will tell you but as I said before, once, if this is passed, it comes back to negotiations -- Ms. Mendez: Right. And -- City ofMiami Page 112 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: -- 1 -- 1 -- I would not go forward unless we have that guarantee. Commissioner Watson: Right. Vice Chair Russell: Madam City Attorney, if it doesn't fit into the ballot language, but it's in the backup of the resolution -- Ms. Mendez: It has to be in the -- it has to be in the -- in the -- in the -- Vice Chair Russell: -- it's -- it's not binding? Ms. Mendez: Right. It has to be in the language of the ballot. But remember, they're just the -- the people are authorizing you to enter into this agreement. If this agreement is not what you expected with all the minimum floors and -- and all that, obviously, you do not have to enter into it. It is not a guarantee. It is an authorization that is needed in the Charter. Commissioner Diaz de la Portilla: Madam -- Commissioner Carollo: That's right. Commissioner Diaz de la Portilla: Madam -- Commissioner Watson: Yeah. Let me -- let me just finish. The -- the only -- I don't know how much the public, in voting, gets out of two percent, three percent. But if you have a baseline investment amount, that's easier for them to digest. That's all I'm asking. And so maybe you take out all those percentages because you guys are dealing with the percentages. But at least the public can know -- because every time I hear somebody talking about Miami Forever 21, they know one number. That $300 million, right? So, at least the public will know the baseline amount. The percentages, you guys are going to deal with, and so 1 -- I don't -- whatever information is best to inform them who are voting. And that's all I'm asking. I'm not getting -- trying to change the Commissioners' intent. Vice Chair Russell: So, if -- if that fits within the ballot language, you'd like to see the 115 million added in. Is that right, Commissioner? Commissioner Watson: Well, particularly as opposed to all those percentages that -- the public is not going to be able to understand that to make a decision. Just so that -- if that's something that makes sense. If not, it's fine. Ms. Mendez: The percentages for RE.7 are staying as -- as is, right? Vice Chair Russell: Correct. Ms. Mendez: Okay. The -- it's -- it's easy enough to place the percentage. It's only at the beginning of several -- but all that is a -- a base. Vice Chair Russell: Got it. Any further discussion? Commissioner Diaz de la Portilla: Well, a clarification. Vice Chair Russell: Yes? Commissioner Diaz de la Portilla: Is the 115 -- Madam -- Madam Attorney, is the $115 million included in the ballot language now? Is there an amendment for that? City of Miami Page 113 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Ms. Mendez: It's -- it's not now, but 1--1 believe that's what you're voting on right now to include that 115 million capital -- Vice Chair Russell: Investment, if it fits within the 75 limit. Ms. Mendez: -- investment. It -- it fits. Commissioner Diaz de la Portilla: Minimum, it's --minimum. Vice Chair Russell: Does the -- does the mover — Commissioner Diaz de la Portilla: No, I'm sorry. Minimum 115 million? Because you spoke 115, 128, I think you said, right? So, it's a minimum of 115. Mr. De Grandy: Right. I -- I -- Commissioner Diaz de la Portilla: It could be more. Mr. De Grandy: You know, I -- I think, Commissioners, if -- if fyou want to get into 75 words, you know, the less words, the better. Certainly, I don't have an objection with including the minimum amount. I don't have an objection with not including it because, as I said before, I'm looking at five elected officials in the face right now. And I know that if anyone -- not my client, anyone came and said, I'm going to do 115 million. And then said, no, I'm going to do 70, you're not going to approve an agreement. So, I don't think the voters need to be concerned in any way about this. Ms. Mendez: They -- no -- no, they will be concerned with it because -- but it has to be -- Commissioner Carollo: Madam -- Madam City Attorney, your job is put the wording and see if you can do it within the 75 words. Ms. Mendez: It fits -- it fits. Trust me, it fits. Commissioner Carollo: Let us worry about what the voters will worry about or not. Can you quickly include a minimum -- you know, I'm glad that Commissioner Diaz de la Portilla -- before, he said that he wanted a minimum of 100. Now, he wants minimum 115. Commissioner Diaz de la Portilla: The more, the better for Miami -- the more, the better, for Miami. Commissioner Carollo: And this was all -- and I made it clear a few minutes ago that negotiations, whether it was on the ballot language or -- or not, it had to be part of it. Otherwise, it wasn't going to get voted upon at that time, which is the final vote after the people vote on it. Can you quickly put -- and this is another dilemma now, because we have to keep it within 75 words. Can you quickly put that language in what we have now and still keep it within 75 words? Ms. Mendez: Okay. I think we can because we -- we've already done a few versions of this. So, I -- I would prefer if you would allow me to draft it, make the -- the edits, and give it back to you so that you could bless it so that there's no question later. Commissioner Carollo: And you will do it by what time today? Ms. Mendez: In just a little while. City ofMiami Page 114 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: Okay. Ms. Mendez: Are we breaking for a -- well -- Commissioner Carollo: Right. So -- Ms. Mendez: Yeah, by -- by today -- Commissioner Carollo: Okay. So -- Ms. Mendez: -- by when we come back after the CRA (Community Redevelopment Agency) meeting. Commissioner Carollo: Then if -- if I can, let's table this until she comes back with the wording, and let's take up 13 now -- RE. 13. Vice Chair Russell: Okay. So, we're tabling RE.7? Commissioner Carollo: Yes. [Later...] Vice Chair Russell: I'd like to move back to RE.7. Madam City Attorney, you 've passed out some proposed ballot language for RE.7; am I correct? Victoria Mendez (City Attorney): Does everyone have a copy? Vice Chair Russell: I can read it right now. Shall Miami's Charter be amended, authorizing City to waive competitive bidding, negotiate, execute 75 year waterfront lease, marinas restaurants, marine -related uses of approximately 27 acres, generally, 3301, 3307, 3605, 3501 Rickenbacker Causeway with Biscayne Marine Partners, LLC, for minimum: -- and then three bullet points. $115 million tenant capital investment. Second bullet point, $2.75 million annual rent (10 percent for Virginia Key Beach Park Trust) or fair market value. Third bullet point, 6 percent gross boat storage, fuel revenues, 4 percent gross revenues from other sources? We need to start over with a new motion. We had one on the floor. Who made the motion and the second? Todd B. Hannon (City Clerk): It was moved by Commissioner Carollo, seconded by the Chair at 11:44 a.m. Commissioner Carollo: How many words do we have here? Vice Chair Russell: This is on the nose. Ms. Mendez: So, we have 71, but case law doesn't -- doesn't say whether dollar signs and percentages count -- Commissioner Carollo: Okay. Ms. Mendez:: -- as words or not. So, we're counting them, and we are 75 on the nose. Commissioner Carollo: Okay. So, I would not, then, suggest one more word because then the -- City ofMiami Page 115 Printed on 01 /21 /2025 City Commission Meeting Minutes July 22, 2021 Ms. Mendez: So, what -- what is the word -- what is the word? And maybe we could take out a word, but it -- it depends. It all -- Commissioner Carollo: No, no, no, no. That's okay. This is -- it's fine. Vice Chair Russell: All right. So, there's a motion. There's a second. Is there any further discussion? This is -- this needs to be added as an amendment, Mr. Clerk. Mr. Hannon: Yes. Ms. Mendez: Right. As amended, and then we have to structure the ballot language that will be part of this document, as well, so that any voter can look upon that language attached to this item before they go and vote. Vice Chair Russell: All right. Does the mover agree with the language -- Commissioner Carollo: I do -- I do. Vice Chair Russell: -- as an amendment? Seconder agrees, as well. Any further discussion? Commissioner Diaz de la Portilla: Mr. Chair? Vice Chair Russell: Yes, sir? Commissioner Diaz de la Portilla: Can we take out the question mark at the end of sources? Vice Chair Russell: It actually has to be positioned as a ballot question. Commissioner Diaz de la Portilla: Oh, it does? Oh, it has to he? Ms. Mendez: Yeah. Commissioner Diaz de la Portilla: Okay. All right. Vice Chair Russell: I agree with you grammatically. It's interesting there and why it's not above, but this is the way we've always done it. Commissioner Diaz de la Portilla: Okay. I thought it was above. Okay. Vice Chair Russell: Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Commissioner Diaz de la Portilla: No. Vice Chair Russell: Motion passes, 3-1. Mr. Hannon: As amended. Vice Chair Russell: As amended. Thank you. That is RE.7. Okay. We can have heated discussions and move forward with the business of the City. We don't always have to agree. City ofMiami Page 116 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: That's right. City ofMiami Page 117 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 RE.8 RESOLUTION 9368 Department of Real Estate and Asset Management; Department of Parks; Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING, PURSUANT TO DISCLAIMER NO. 42113(6815-13), ATTACHED AND INCORPORATED AS EXHIBIT "A" ("DISCLAIMER"), FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ("BOT") THROUGH THE STATE OF FLORIDA'S ("STATE") DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO THE CITY OF MIAMI ("CITY"), THE CONVEYANCE OF THREE (3) PARCELS CONTAINING A TOTAL COMBINED SIZE OF APPROXIMATELY TWENTY ONE THOUSAND NINE HUNDRED THREE (21,903) SQUARE FEET LEGALLY DESCRIBED IN THE DISCLAIMER PURSUANT TO THE BUTLER ACT (CHAPTER 8537, ACTS OF 1921) AND SECTION 253.129, FLORIDA STATUTES (COLLECTIVELY, "BUTLER ACT PARCELS") LOCATED ADJACENT TO THE CITY -OWNED PROPERTY KNOWN AS JOSE MARTI PARK IN FURTHERANCE OF THE CITY'S JOSE MARTI PARK ADAPTIVE REDESIGN PROJECT ("PROJECT"); FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE AND BRING BEFORE THE CITY COMMISSION A LAND EXCHANGE AGREEMENT PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ("LAND EXCHANGE AGREEMENT"), BETWEEN THE CITY AND BOT FOR THE CITY TO CONVEY BACK TO BOT ONE (1) OF THE BUTLER ACT PARCELS IDENTIFIED IN THE DISCLAIMER AS PARCEL PART III CONTAINING APPROXIMATELY EIGHT HUNDRED SIXTY-NINE (869) SQUARE FEET IN EXCHANGE FOR THE CONVEYANCE FROM BOT TO THE CITY OF THREE (3) ADDITIONAL PARCELS CONTAINING A TOTAL COMBINED SIZE OF APPROXIMATELY THREE HUNDRED FORTY THREE (343) SQUARE FEET, ALL AS LEGALLY DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED, WITH THE VALUATION DETERMINED BY THE STATE - REQUIRED APPRAISAL PROVIDED IN EXHIBIT "C", ATTACHED AND INCORPORATED, AS MAY BE UPDATED, WITH TERMS AND CONDITIONS TO BE MORE PARTICULARLY DESCRIBED IN THE LAND EXCHANGE AGREEMENT; FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE AND BRING BEFORE THE CITY COMMISSION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE BETWEEN THE CITY AND FDEP, ON BEHALF OF BOT, FOR A PUBLIC WATERFRONT ACCESS FACILITY LOCATED UPON THE STATE-OWNED SUBMERGED LANDS ADJACENT TO THE PROJECT AS LEGALLY DESCRIBED IN EXHIBIT "D", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER AND ALL NECESSARY CITY DEPARTMENTS TO UNDERTAKE AND OBTAIN ALL FEDERAL, STATE, REGIONAL, LOCAL, City ofMiami Page 118 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 MIAMI-DADE COUNTY ("COUNTY"), AND OTHER GOVERNMENTAL PERMITTING AND APPROVALS NECESSARY FOR THE PROJECT; RATIFYING, APPROVING, AND CONFIRMING ALL UNDERTAKINGS OF THE CITY MANAGER, OTHER CITY OFFICIALS AND DEPARTMENTS, AND THE CITY'S CONSULTANTS FOR ALL NECESSARY ACTIONS WITH FEDERAL, STATE, REGIONAL, COUNTY, LOCAL, AND OTHER GOVERNMENTAL ENTITIES FOR THE PROJECT. ENACTMENT NUMBER: R-21-0322 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Vice Chair Russell: RE.8, Jose Marti adaptive redesign project. Commissioner Reyes: 1 move it. Vice Chair Russell: Moved by Commissioner Reyes, seconded by the Chair. Any further discussion on -- yes? Todd B. Hannon (City Clerk): Just for the record, Chair, there are some additional backup documents that are going to be submitted into the record. Essentially, it is -- the Office of the City Manager respectfully request that the enclosed presentation be added as a supplemental backup document to RE.8. Vice Chair Russell: Any substantive change or it's -- Mr. Hannon: No, sir. Just backup documents. Vice Chair Russell: Do you need an amendment? Mr. Hannon: No, sir. Vice Chair Russell: All right. Any further discussion on RE.8? All in favor, say "aye. The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on RE.8. Commissioner Watson: Oh, I -- I voted for that too, Mr. Hannon. Mr. Hannon: Yes, sir. Vice Chair Russell: Unanimous. Commissioner Reyes: Unanimous. City of Miami Page 119 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Unanimous. Commissioner Carollo: Unanimous? What are we talking about? Vice Chair Russell: Jose Marti Park. Commissioner Reyes: Jose Marti Park Vice Chair Russell: Jose Marti Park. RE.9 RESOLUTION 9253 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 20-0295 ADOPTED SEPTEMBER 24, 2020 AND RESOLUTION NO. 21-0238 ADOPTED JUNE 10, 2021 CONCERNING NEGOTIATIONS WITH SAINT JAMES COMMUNITY DEVELOPMENT CORPORATION OF MIAMI, INC., AND MIAMI-DADE COUNTY FOR THE CITY OF MIAMI-OWNED PROPERTY LOCATED AT 1785 NORTHWEST 35TH STREET, MIAMI, FLORIDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item RE.9 was deferred to the September 13, 2021, City Commission Meeting. Note for the Record: For additional minutes referencing Item RE.9, please see "Order of the Day" and "Public Comments for All Item(s)." Vice Chair Russell: RE.9 -- this is yours, Commissioner Carollo -- rescind Resolutions Number 20-0295 and Number 21-0238. Just when Mr. -- just when Mr. Geller was here and he -- he left. Commissioner Reyes: Mr. Geller? Okay. Commissioner Carollo: This is simple for me. This was voted upon back in September of last year. We hadn't seen nothing happen since then. In the meantime, the information that I received was that St. James is putting no skin into this, and they're getting 25 percent of the action. Its a pretty good deal. What I'm proposing is that we figure out what the market value is of this property. And I don't care if this developer pays us the money for it and takes it, another developer, but what I do have a problem with is just giving property away. That seems to have been done so that one group could just pass it on and make 20 percent of the profits of the deal, and the City of Miami is not receiving anything. Something seems to me that's wrong in this equation. Vice Chair Russell: Commissioner, would you like to defer the item? Commissioner Carollo: Not right now. I -- I'd like for us to discuss it and see where this Commission is at. And I certainly have a lot of respect for Mr. Geller. He's an City ofMiami Page 120 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 old-time friend. It's obvious that they wouldn't have hired those few people in Miami that don't like me. Joe? Vice Chair Russell: You're recognized, Mr. Geller. Joseph Geller: Thank you, Mr. Chair. Commissioner Carollo, you know that I have the most enormous respect for you, and I have for a very long time. Commissioner Carollo: Yes. Mr. Geller: And I appreciate -- Commissioner Carollo: We -- we -- we, by the way, excuse me, go back to -- how old was I? Commissioner Watson: College. Commissioner Carollo: 19, 20, with Ron Book in my -- Commissioner Watson: Ron, your nemesis, right? Commissioner Carollo: -- college days. Mr. Geller: George Tapanes. Commissioner Carollo: George Tapanes, yes. Few others. Matt -- Mike Abrams. Mr. Geller: Commissioner, as I was saying, I appreciate that you have concerns here. I take them very seriously. I appreciate that other members of this dais have concerns. I appreciate particularly that there's some very technical issues that our economist friend, Commissioner Reyes, has raised. Let me say just off the hat, this had been proposed at 110 percent of AMI (Area Median Income). Commissioner Reyes said to us, no go. Commissioner Carollo: And he's right -- he's right. Because he's seen through all the shenanigans that have gone on from one district to another with developers, and the people that live in the neighborhoods, at the end -- Commissioner Reyes: Cannot live there. Commissioner Carollo: -- cannot live there. So, what he has been steadily saying I'm in favor of 1 support because it is correct. Mr. Geller: And frankly, so do my clients. And not only have they already reduced it back to 100 percent of AMI, but Commissioner Reyes, in a very extensive meeting with him, said that's a start, but it's not good enough. The goal is to make sure that the people who live in Allapattah, which does not have an AMI anywhere near the county AMI, are able to live in this community -- to stay in their community. So, besides that the first reduction that is done, the Commissioner proposed several other things. And we said, we're going to try and make all of those work, or as many of them as we can. Just as an example, the Commissioner proposed changing the mix to provide more direct support for ELI people -- for extremely low-income that need, basically, 100 percent subsidy. And we're trying to do that. But to some degree, we need some consideration from the County. We're talking to them to get that done. And there's another thing that we've talked about called direct marketing, which would ensure that the people who live there have first crack at these units. They get a 60-day, like, exclusive window, as I understand -- and I'm not the technician that City, ofMiami Page 121 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Reyes is or that my clients are. But all of these are good ideas and all of them are things were trying to accomplish. Commissioner Carollo: And I'm very happy to hear that. But here is the dilemma that I have. This comes afterwards, what you're explaining. Beforehand -- and Madam City Attorney, I want you to hear me out. Why should we give away City of Miami property to an institution that's going to make 20 percent of the profits just so that they can flip it, which is what's happened here. We could accomplish all that by a four -fifth vote if we want to give it to this developer. And instead of him having to pay 20 percent -- which is going to be more 1 am sure, than whatever the property's worth -- the land is worth at market value, the City should get something for it, and then we have additional monies to reinvest in affordable housing. Ms. Mendez: So -- Mr. Geller: The answer to that, Commissioner, is -- best I can answer it is this. We are examining closely the relationships that exist because direct marketing requires very significant community presence and community roots in order to be able to make people aware and to accomplish what's going to be done. And so those relationships, right now, are being examined to see how we get done what we can get done. Now, it is a fact that what would probably be the payment for land is also being invested in the land because it's -- I believe the number is four and -a -half million for a parking garage that would have to be addressed by anybody that was going to do something there because there has to be parking. I do want to be clear that the issue of the library, has been taken care of That library, will be there and, in fact, it's going to be enhanced and upgraded and it's going to be beautiful, so that's off the table. Commissioner Carollo: It's not -- it's not an issue any longer, from what 1 understood. Mr. Geller: Yes, sir. So, the answer to your question is -- I know that you're a thorough examiner offacts. Commissioner Reyes: Yes. Mr. Geller: I don't ask you today to say this is something you're okay with -- I'm not asking that. I am asking you to do the thoughtful thing and allow us to continue working with Commissioner Reyes to address all of. these issues that he's raised and the issue that you've raised about is somebody going to flip it for not doing anything. And you know that I hear you -- you know that I take that seriously, and so do my clients. All we're asking is, can we try to work these problems out and come back at the first September meeting. And if you're not satisfied at that point, 1 --1 understand. Commissioner Carollo: The -- the issue of 110, which Commissioner Reyes presented to you from what you stated, that I have been at his side -- Commissioner Reyes: All the time. Commissioner Carollo: -- on this because we need to provide affordable housing for the people that live in those neighborhoods. And -- Mr. Geller: Done -- done. Commissioner Carollo: That -- that is not the issue because I know we can get that done. Mr. Geller: I understand. City ofMiami Page 122 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: The issue is that the City of Miami should be able to profit, not some outfit that doesn't have skin in the game. And furthermore, what I don't see is how this hurts, because at the end, if we do a four -fifth with the present developer, he's going to save money. He would only have to pay a lesser amount that the land would be worth, and he doesn't have to pay that 20 percent. Mr. Geller: Unless we find that some partner is necessary to do the direct marketing with roots. But -- but -- but Commissioner, I want to -- yes. Commissioner Carollo: Can I be honest with you? Mr. Geller: Yes. Commissioner Carollo: Commissioner Reyes and I will volunteer, and I'm sure Commissioner Dias de la Portilla, if he would like to, can also. You 're going to have people lined up. You don't have to do direct marketing there. They're going to be lining up that -- you could pick and choose people for a project such as that there. Mr. Geller.. Let me not be misheard, Commissioner. I am completely not saying to you that that four -fifths idea of yours is not a good idea. It may be the best solution. We want to move this as quickly as we can to get that housing for these people as soon as possible, and -- and maybe that is the hest idea. I just need a little more time to try, to make this work, whatever is the best way. We'll consult with you. We'll consult with Commissioner Reyes. We'll consult with the Chair. We'll consult with the District Commissioner, and we'll consult with the gentleman at the end -- his name is Commissioner -- Vice Chair Russell: That's cold -- that's cold. Mr. Geller: Wait a minute. Give me a second is Wat -- Watson. Vice Chair Russell: We named an island after him. Commissioner Reyes: Do you want me to introduce him to you? Mr. Geller: After -- after. Commissioner Reyes: After. I'll be more than glad to. Mr. Geller: So, we will make sure that when we come back to you in September, I'm going to do my -- I guess I should be -- darndest to make sure that you think it's the right thing for the City, and that each one of your colleagues thinks it's the right thing for the City. Commissioner Carollo: What -- what is concerning me, Joe, is that I'm seeing too many cooks in this kitchen. For instance, as I was told -- and it's a fact that the person that met with the developer, putting everything together, was the former chief of staff. Mr. Watson -- Commissioner, you should hear this one. I think it might catch your interest. The person that met with the developer and negotiated the developers, St. James, and what have you, was the former chief of staff to District 5. I don't know what the heck he was doing in District 1. There also have been other -- attorneys, lobbyists, I don't know what you call them that -- don't want to get anybody mad at me and denying anything again, but with family ties. And look, I have no axe to grind with anybody. I -- I'm just tired of seeing what some look at the City of Miami to be, a big pinata that they're going to come with a stick and just beat the crap out of it and take all the candy away, and the residents get a bad deal every time. Now, I'm willing City ofMiami Page 123 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 to hear from my colleagues and I'm not set in stone on bringing this to a head in a vote or waiting until September. What 1 am looking for is that if others out there are making this kind of money, this is not right, and the City of Miami should be the one that makes the money for that land. And I don 't care who the developer is. I do care that we would have the 110 provision there because that makes it much more easier for the residents that live there to be able to get housing. So, that -- that is -- is critical. Mr. Geller: We are committed to continuing with this process. We're committed to meeting with every member of this dais. We're committed to answering the technical questions. We are committed to making sure that the other concern that you just put on the record is adequately addressed. Commissioner Carollo: The -- the technical question really is, I think, limited. You resolved and we resolved here the library issue. It comes down to the 110 and how -- Mr. Geller: That's done -- done. Commissioner Carollo: -- we make it -- we make -- well, but, you know, it's -- still, if it was done, you would have a little more. But I know you're going to try. Mr. Geller: We're going to do it. Commissioner Carollo: Yeah. Mr. Geller: That one, I can assure you. That one is done. Commissioner Carollo: That -- that one is technical. The rest of it is, you know, that we can't just be doing business like this. We're giving properties away that others can make money, and they have nothing to do in actually building a project. It's a flip. And, you know, I -- I like Homestead. You know, I -- I love to go over there in -- in that area, the Redlands, you know, go to the Buddhist temple. They got great logans and lychees at certain time of the year. We just passed that. You know, go over to Roberts is Here, and they have the best key lime shake anywhere -- really good. And then even go to the winery, you know, and have lychee wine and mango wine and, you know, get a little bite to eat. Mr. Geller: Shiver's. Commissioner Carollo: Yeah. Well, you're right. But this has got nothing to do with Homestead, with any individuals. It's got to do with running this city like a business. Mr. Geller: 1-- Commissioner; 1 hear you, and all I'm saying to you, to be very clear, we want you to feel like this is being done the right way. Just like I want Commissioner Reyes to feel that way. Just like I want the Chair to feel that way. Just like I want the District Commissioner to feel that way, and just like I want that gentleman at the end to feel that way. And I think we can come back here with something that will make every member of this dais happy and satisfied that this affordable housing will be done for the benefit of the people who live in Allapattah and that it was being done in an appropriate way. And we're open to your other suggestion of the way to do it. If that's the best way, we're open to that. Commissioner Carollo: I -- I will, you know, be glad to hear on this issue from my colleagues. Commissioner Reyes: Well -- City ofMiami Page 124 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Commissioner Reyes? Commissioner Reyes: I -- I've met with the -- with everybody. And I --I hear you loud and clear, Commissioner Carollo. And I know this is our land, right? It is our land. Whatever we do with that land, we will have to be part of the development. That's the only way that we can demand our participation. We can demand that and make sure that the development is affordable housing. If we sell it -- if we sell that land -- let's say that any developer comes, unless we give them some benefits, we cannot ask or -- Commissioner Carollo: We -- we -- Commissioner Reyes: -- or make any profit and -- Commissioner Carollo: We -- we could. We could sell it with deed restrictions. Commissioner Reyes: Well, that is -- that is -- that is -- but it won't be so tight. I mean, I don't -- I'm -- I'm not advocating for these people. Commissioner Carollo: No, no, no. Commissioner Reyes: I'm not advocating -- Commissioner Carollo: I understand that. Commissioner Reyes: That -- that -- that -- Commissioner Carollo: I understand that. Commissioner Reyes: What I want -- what I really want is the same thing that you want. Commissioner Carollo: I know that. Commissioner Reyes: Okay? It's the same thing that we want. We want the best benefit -- I mean, get the best out of our land for our city. And -- and -- and selling it, in my opinion -- in my opinion, it is -- I mean, we wouldn't have the leverage to demand what we're demanding. I mean, granted, we can go back on it and rescind it, and then bring somebody else or --1 paean, open it up for other people. Now, having said that, we have here a person that -- that we all know for so long -- long time, and the only thing that he's asking -- it is, give me some time to prove myself. I mean, to prove that this is a -- we had given it to other people that -- that asked for it. If it conies back with a deal that either one of us, the City -- the District Commissioner, you and I, or any other Commissioners here that we believe that that -- that the project does not benefit the City and does not benefit, more than anything else, the residents of Allapattah, okay, then we'll just deny it and rescind it and that's it. I mean -- Commissioner Carollo: What date in September are you suggesting that you will be ready to come back to us, then? Mr. Geller: First meeting. Commissioner Carollo: First meeting. Okay. Mr. Geller: It happens to be your next meeting. Otherwise, we would do it sooner, but -- City ofMiami Page 125 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: Yeah, that's true. Mr. Geller: -- the first meeting. Commissioner Carollo: Is that acceptable to you? Commissioner Reyes: It is acceptable to me, and I -- and I -- and I hear you loud and clear. Vice Chair Russell: There's a motion to defer to September 13th. Is there a second? Commissioner Reyes: And I -- I hear you loud and clear, and you have a good, valid point, you see. You have a good, valid point. I mean, I don't -- we don't know who the players are. You see, we don't know. I mean, it had -- nothing had been done, okay? Vice Chair Russell: Motion to defer by Commissioner Reyes, seconded by Commissioner Carollo. That -- I'm gathering from there? Commissioner Reyes: That right. Vice Chair Russell: Any -- any further discussion? All in favor; say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. Mr. Geller: Thank you all very much. We will be talking to you very soon -- Commissioner Reyes: Hey -- Mr. Geller: -- and good luck tonight. Commissioner Reyes: -- sharpen your pencil. Mr. Geller: Yes, sir. Commissioner Reyes: Sharpen it. Mr. Geller: Yes. I'll even sharpen my pen, Commissioner. Commissioner Reyes: Thank you. Mr. Geller: Good evening, everyone. City ofMiami Page 126 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 RE.10 RESOLUTION 8358 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), BY AMENDING SECTION 26, TITLED "SUSPENSION AND REMOVAL OF CHIEF OF POLICE AND FIRE CHIEF", TO SET FORTH A PROCEDURE, COMMENCING IN NOVEMBER 2021, FOR SELECTING AND APPOINTING THE POSITIONS OF CHIEF OF POLICE AND FIRE -RESCUE CHIEF; CALLING FOR AND PROVIDING THAT THE PROPOSED CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE CITY OF MIAMI'S GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 2, 2021; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THIS RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0327 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Diaz de Ia Portilla, Carollo, Reyes, Watson NAYS: Russell Vice Chair Russell: RE.10, approve charter amendment, Chief of Police and Fire - Rescue Chief This is, Commissioner Reyes, your item? Commissioner Reyes: Yes. I -- I move it, and I think that is going to be an amendment -- a friendly amendment to include, also, the police -- I mean, the fire chief And could you please -- I heard that Commissioner Diaz de la Portilla has a friendly amendment that will include, also -- Vice Chair Russell: So, let me just get it on the floor first as a motion by Commissioner Reyes. Is there a second? Commissioner Carollo: I'm sorry, we're -- Commissioner Diaz de la Portilla: I'll second it. Vice Chair Russell: Seconded by -- this is RE.10, the change of the Charter with regard to Chief of Police and Fire -Rescue Chief selection. Moved by Commissioner Reyes, seconded by Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: If you'll let me -- Madam Attorney, can you explain the amendment of the language we're using for the fire -rescue? City ofMiami Page 127 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Victoria Mendez (City Attorney): So, 1 -- I need a moment because I thought that was already in there. This is for both the Fire Chief and the -- Commissioner Diaz de la Portilla: I thought -- I thought so, too. That's why I'm not sure -- I think -- I think it's been incorporated, but I'm not sure, so that's why I asked. Ms. Mendez: If -- if we could just check -- one second, please. Commissioner Reyes: I want to make sure. I don't want it to happen what happened before. Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: Hey, can we bring it back where she's doing it and then go to the other one? Ms. Mendez: Yeah. Well, we'll look, and we can keep on going. Vice Chair Russell: All right. So, we'll table RE.10 for the moment. Commissioner Watson: So -- so, Mr. Chair. Vice Chair Russell: Yes, sir. Commissioner Watson: We did the -- we did Tranche 2 Miami, RE.6? Vice Chair Russell: Yes, RE.6 was deferred until September 13th. Commissioner Watson: Oh, okay. Commissioner Diaz de la Portilla: Yes. You see, Commissioner I -- I -- I don't know why every time that I'm -- I'm trying to get -- see those dollars come into my district, they start flying away, you see, and -- and -- and I -- I mean, that is -- they are torturing me. Commissioner Watson: They go to District -- they go to District 5. Commissioner Reyes: They go to next -- the next one -- the next one. Come on, Mr. Manager. Vice Chair Russell: All right. We're going to mov -- we're going to table that one. We have a motion and a second on it. We'll table it. Commissioner Reyes: Yes. Vice Chair Russell: Let me -- you guys let me know when you're ready to take it up. [Later...] Vice Chair Russell: We're going back to RE.10, approve the charter amendment for Chief' of Police and Fire -Rescue Chief Is -- do we already have a motion and a second here? Commissioner Reyes: I move it. City ofMiami Page 128 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Barnaby Min (Deputy City Attorney): Mr. Chair, I believe the amendment that is being requested by Commissioner Reyes is a clarification concerning -- as drafted, the selection committee is proposed to be made up of electors of the City, current or former law enforcement executives, and attorneys. And I believe there needs to he clarification because this section applies to both the chief of police as well as the fire -rescue chief, that it should not be limited to just current or former law enforcement executives, but should it be current or former law enforcement executives or fire executives as applicable. Commissioner Carollo: That's fine. Yeah. Vice Chair Russell: So, question for the sponsor or for legal. What's -- let's say this passes and the voters agree with it and passes and we create this process. Does the Manager still have the ability -- Commissioner Reyes: Yes. Vice Chair Russell: -- to pull a name out of the blue that wasn't in the process? Commissioner Reyes: If -- if -- now, let me -- let me put it this way. If we -- if we create, like -- like, what's created? We create a committee that it is the ones that they are going to vet, they are going to be interviewing, they are going to -- I mean, look* the qualifications or the background, also, of the -- of the people that they are -- I mean, that -- that -- that apply, you see. The City Manager must pick among those three, that is. If they don't -- he doesn't like it, there -- there is not a person that he likes, the process could come in -- come back, and he could tell anybody, hey, listen, I want you to apply. But what I want to do is a process that nobody can come and say, I want this guy, you know what I mean? I want it to be a process that it is the person that -- or the -- the persons that they're going to be the finalists are because that committee, which is -- have to be formed by people that are -- they have knowledgeable -- they are knowledgeable of -- of law enforcement or the law or have worked with the community in that aspect that -- that they are — they sit down and then they discuss which are the best candidate, and the City -- and those names are given to the City Manager; and the Manager -- City Manager would -- must pick among them three. Commissioner Carollo: How many years are we -- how many years are we putting an experience for the people in law enforcement? Vice Chair Russell: For the selection committee? Commissioner Reyes: Yeah. Is there a --? Mr. Min: As -- as drafted, it says that the selection committee members shall be comprised of at least one of the following; electors of the City, current or former law enforcement executives and/or fire executives as applicable, and attorneys who have practiced or are practicing -- Commissioner Reyes: I -- I am not in favor of just putting -- elector of the City could be a security guard that knows nothing of how to pick a police chief or, you know, someone that is in another area. I would leave it to individuals in law enforcement from the rank of captain and above. Vice Chair Russell: Is that an amendment? Commissioner Carollo: No, I'm -- it's going to be an amendment, but -- City ofMiami Page 129 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Who -- who is the original mover and seconder? Commissioner Reyes: But -- but -- but if -- if -- Todd B. Hannon (City Clerk): It was moved by Commissioner Reyes, seconded by Commissioner Diaz de la Portilla at 6:40 p.m. Commissioner Carollo: Or maybe 20 years. Commissioner Reyes: You know, but if you're a sergeant --1 mean, you know. Commissioner Carollo: So, leave it in 20 years, law enforcement. Commissioner Reyes: 20 years -- Commissioner Carollo: Even though a sergeant might not necessarily, even with 20 years have -- Commissioner Reyes: No, I mean. -- Commissioner Carollo: -- the experience at the top. But I'll -- I'll go along with 20 years -- Commissioner Reyes: No -- no. What I'm saying is -- Commissioner Carollo: -- or more in law enforcement. Commissioner Reyes: No, no. What you're saying, it have to be a captain of above. If you been in the police force for -- I mean, you're a sergeant, you're a lieutenant, and you are being a -- a police officer for so many years -- let's say five, six years, then -- then you have experience. You see, you have experience, hut we're looking is for peop -- is for people that have experience on policing, people that have experience with community, and -- and -- and -- Commissioner Carollo: But -- but it's going to be more than five or six years, Commissioner. Commissioner Reyes: Well, I mean -- Commissioner Carollo: I would put no less than 20 years. Commissioner Diaz de la Portilla: How about ten years or 15? Commissioner Carollo: 15, at least. Commissioner Diaz de la Portilla: Or ten, 12? Commissioner Reyes: Ten years. Commissioner Diaz de la Portilla: And the rank doesn't -- five years and above -- ten years, 12 years. Commissioner Reyes: That have been -- that have been in -- in law enforcement, or in -- in the other categories and attorneys and all of that for over ten years. Commissioner Carollo: Well, but -- but now -- City ofMiami Page 130 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Reyes: 1 mean -- Commissioner Carollo: -- we're -- we're really discriminating. Commissioner Reyes: Be -- be -- be realistic, Joe. If -- when you get 20 years, what are -- I mean -- most of the people that are -- that been 20 years, they retire already. They move out ofMiami. Commissioner Carollo: Then -- then there should be a -- a time table. Maybe 12 years -- Commissioner Reyes: Okay. That's fair. Commissioner Carollo: -- is sufficient,12 years. Commissioner Reyes: 12 years, I get it. Commissioner Carollo: And on the attorneys -- Vice Chair Russell: Just a minute. And then does the mover and the seconder agree on that amendment? Commissioner Diaz de la Portilla: 12 years, yes. Commissioner Carollo: Okay. Commissioner Reyes: 12 years, this is fine. Mr. Min: Can -- can I clarify, Mr. Chair? Vice Chair Russell: Yes. Mr. Min: Because what I heard, Commissioner Carollo was talking about law enforcement. But again, since this section not only applies to the police chief but also applies to the fare -rescue chief -- Commissioner Reyes: The same thing. Mr. Min: I would suggest that it be -- Commissioner Reyes: The same thing. Commissioner Carollo: Law enforcement or fire. Commissioner Reyes: For fare and all that. Vice Chair Russell: But there was also a question about electors. Commissioner Carollo: 12 years -- 12 years. Vice Chair Russell: Were you trying to disquali general electors? Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: Yes. Look, you -- you need people that are specialized in this. City ofMiami Page 131 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Does the mover and the seconder -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: People have to -- Vice Chair Russell: So, electors is not enough of a minimum requirement, according to the -- Commissioner Carollo: And attorneys, I -- I think we need to limit attorneys that have been in the criminal justice system for at least 12 years, the same amount of years we're using for law enforcement. Commissioner Reyes: A criminal attorney. Also -- also, we -- Commissioner Carollo: It could be a judge -- Commissioner Diaz de la Portilla: Any attorneys. Commissioner Carollo: -- state attorneys, you know, people -- Commissioner Reyes: Judges. Yeah, long-time judges. Commissioner Carollo: Exactly. So, attorneys that had been in the criminal justice system for 12 years or longer. Commissioner Diaz de la Portilla: Or in the -- in the justice system in general, right -- the criminal justice system. Commissioner Carollo: Well, its criminal justice. That's what they call it. Vice Chair Russell: As currently drafted, it says, criminal justice or civil rights, including but not limited to judges, prosecutors, public defenders, city attorneys, or county attorneys. So, are you okay with just mod fvng that language to say 12 years? Commissioner Carollo: I think if just put criminal justice system, it's sufficient. Commissioner Reyes: But I -- but I -- but I think -- Commissioner Carollo: And now, you're putting city attorneys. You guys want to get into the action. Oh, yeah. Commissioner Reyes: No city attorneys. But -- but -- Commissioner Diaz de la Portilla: They -- they tried to slip that in. You saw it? Slip that one in. Vice Chair Russell: Are we clear on the amendment, Burnaby? Mr. Min: Assuming it's been accepted by -- Commissioner Carollo: Yeah, the -- the wings of the managers are clipped, and then you got an eagle flying in now. City ofMiami Page 132 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Reyes: Okay. You got it. Vice Chair Russell: So, does the mover and the seconder accept that amendment? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: All right. You guys have a problem with young people. I don't know what's wrong. Commissioner Carollo: Well, you know, you could be young. Commissioner Diaz de la Portilla: Well, you're not that young anymore. You're -- you 're getting -- Vice Chair Russell: I'm trying -- I'm trying. Commissioner Reyes: But we -- well, experience means a lot. Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: So, I mean -- Vice Chair Russell: No, I -- I completely understand and I'm -- I -- I like where this is going within the process. So, here's my, question that would decide whether I agree with this entire concept or not. And I -- and I don 't mean to make it personal, but I think our -- our police chief has -- has proved his mettle since he's been in. And I -- Commissioner Carollo: It's not about him. Commissioner Reyes: But it's not about him. Vice Chair Russell: I know it's -- no, but let me -- let me ask you this question. Commissioner Reyes: No, no, no, no, no. Vice Chair Russell: Let me ask you this question. Commissioner Reyes: Go ahead. Vice Chair Russell: 1 know you don't want to make it personal, but under this system, would we have the chief we have today if we had the system in place a year ago? Commissioner Reyes: If -- if -- the -- during the -- the process he would had applied. Vice Chair Russell: He wouldn 't have. Commissioner Reyes: Well, then, I mean, we had -- we had candidates that -- they were outstanding candidates, and you don't know if they would have been even better. Vice Chair Russell: Uh-huh. City ofMiami Page 133 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Reyes: You see, we had outstanding candidates and from what 1 heard, we had a candidate from New York who was very outstanding. We had candidates from the City -- the -- the police force that were outstanding. I mean, we cannot do it because of this police chief. I mean, this -- this happened already, but it's nothing against him. Vice Chair Russell: I know it's not against him personally', and I know -- and I'm not trying to put you in that position. Commissioner Reyes: And you're not going to tell me that he's the only candidate that would -- Vice Chair Russell: No, but the anomaly is this. Some of the best people that we would want aren't out there looking for a job. They already have a job. And that job is secure enough that they wouldn't put themselves at risk in that current position unless they knew they had a good shot at this job. So, a certain level of -- Commissioner Reyes: It's-- it's -- it's the same thing about politics, you know. Commissioner Carollo: If they know that it's a level playing field, then they -- Commissioner Reyes: That's right. And you will level the playing field and you -- you make them attractive. That's what you have to do. Mr. Min: Mr. Chair? Commissioner Reyes: You see, it -- it's like any -- any -- any -- any other recruiting. Commissioner Carollo: Yeah. Coniniissioner Reyes: And -- and you're recruiting for a CEO (Chief Executive Officer) -- Vice Chair Russell: Uh-hmm. Commissioner Reyes: -- you see, most of the good CEOs, they are already employed. But, you make it attractive and you offer the conditions for that person to entice that person to come and -- and -- and -- and apply for the job, that you're going to get it. Commissioner Carollo: Chairman, what I was told by a former police chief here was that a lot of people don't apply for position of police chief ,fire chief or whatever down here because they think it's a waste of time. That it's a political process here, and that that job is already there for someone else. So, they don't want to -- Commissioner Reyes: They think it has a name on it. Commissioner Carollo: They don 't want to expose themselves -- Commissioner Reyes: That's right. Commissioner Carollo: -- in that way, but -- Commissioner Reyes: And this process -- this process open the door for those people that want to compete, and they want to come in -- City ofMiami Page 134 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Right. Commissioner Reyes: -- because what I heard -- and 1 heard the same thing that Commissioner Carollo. You know, some people think that -- believe that those position, they have a first and last name on it. And this way, we just take that assumption out of the -- out of the way. Commissioner Carollo: Yeah, but one of the things that concerns me is that this election, we're not going to have a -- a major turnout like we do in the elections corning up next year, the first will -- which will be, I believe in August. So, I don't know if anybody would want to defer this towards August or you want to go forward with it now with a low turnout. Commissioner Reyes: But this is going to be the November election. Commissioner Carollo: Yeah. There's low turnout -- Commissioner Reyes: That's right. Commissioner Carollo: -- this year. Commissioner Reyes: That -- and we can place this -- we can vote it, and I said that this -- we will go on -- on -- on November the -- the -- 2022. Commissioner Carollo: Yeah, it could go to August or November '22, whatever you want to do. Commissioner Reyes: That's right. We can -- we can do that. I mean, there's no rush because we are not -- but what I want to do is bring it to the public, let the people decide, you see, and create a process. That's all. Commissioner Carollo: Well, if it's approved then you want it approved -- Commissioner Reyes: Yes. Commissioner Carollo: -- immediately -- you always do on things of this sort. Commissioner Reyes: What you were saying, Commissioner? Commissioner Diaz de la Portilla: Well, we don't know there's no rush, right? You never know what happens, you know. Commissioner Reyes: Well, that's -- absolutely. Commissioner Diaz de la Portilla: Miami -- Miami -- Commissioner Reyes: Let the people decide. Commissioner Diaz de la Portilla: We're talking about -- we're talking about the City of Miami here. Commissioner Reyes: Let -- let the -- the few people that are going to come out decide, and that's it. Because it -- there's a mayoral election, I mean. Commissioner Diaz de la Portilla: I think we put it this November. Commissioner Reyes: That's right. City ofMiami Page 135 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Diaz de la Portilla: And at least we have that process -- we have that process in place. Commissioner Reyes: Abso -- absolutely. Commissioner Diaz de la Portilla: Yeah. I don 't think the turnout is going to impact Vice Chair Russell: All right. Mr. Min, you had something you wanted to add? Commissioner Diaz de la Portilla: -- the result. Mr. Min: Yeah. I wanted to -- so this actual language of the proposed charter amendment states that, "The selection committee shall review the applications of those that meet the minimum requirements and recommend the top three finalists to the City Manager." I believe that in the type of situation with Chief Acevedo, if that application is submitted to the selection committee, and the selection committee finds that he's one of the top three finalists, it's -- it's doable. It's a -- it's a process that the Manager can select from one of those three finalists. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Okay. So, another clarification because now you confissed me a little bit. Sorry. So, let's say the Manager hypothetically interviews 30 people, and then he doesn't pick any of those 30 people. But he could pick three people or -- or we pick three people? How does that work? Or he could be pick -- Commissioner Reyes: No, no, no. The Commission -- the selection committee picks the people. Commissioner Diaz de la Portilla: That's it. Okay. Commissioner Reyes: And they give it to him. Commissioner Diaz de la Portilla: But who picks -- Mr. Min: This proposal -- Commissioner Diaz de la Portilla: Right. Mr. Min: -- states that when there's a vacancy -- Commissioner Diaz de la Portilla: When there's a vacancy -- Mr. Min: -- the City Commission shall appoint a selection committee. Commissioner Diaz de la Portilla: Correct. Mr. Min: The selection committee shall review those that are determined to be qualified Commissioner Diaz de la Portilla: Correct. Mr. Min: -- and select three finalists for the City Manager to pick one. Commissioner Diaz de la Portilla: Correct. City ofMiami Page 136 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Min: Manager shall -- shall pick from one of those three finalists, and that's it. If the Manager does not -- not like any of the three finalists, it goes back to the selection committee for the selection committee to send back three more finalists. Vice Chair Russell: Got it? Commissioner Diaz de la Portilla: Yeah. Vice Chair Russell: All right. Is everyone clear? Commissioner Diaz de la Portilla: Yeah. Vice Chair Russell: There's a motion; there's a second. We have amendments. Commissioner Carollo: Can you go over the qualifications for the people that would Mr. Min: Yes, sir. You -- you've removed the electors of the City. You've stated current or former law enforcement or fare executives, as applicable, with 12 or more years of experience. And you stated attorneys who have practiced or are practicing in criminal justice or civil rights fields. Commissioner Reyes: Civil rights? Commissioner Carollo: I just said criminal justice. Commissioner Diaz de la Portilla: Criminal justice system. Commissioner Carollo: Yeah, criminal justice system. Commissioner Diaz de la Portilla: So that way, it's everybody. Mr. Min: So, just limit -- limit to criminal justice system? Commissioner Carollo: Criminal justice system. Commissioner Reyes: Criminal justice system. Okay. Vice Chair Russell: All right. All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? I'm a no. 4-1, as amended. And that is the last action item for our agenda. We have remaining discussion items and a budget item, BU.1. Commissioner Carollo: BU (Budget)? Vice Chair Russell: BU.1. Commissioner Diaz de la Portilla: Budget. Vice Chair Russell: Hello, Chief.' Would you like to address? Commissioner Carollo: We didn't recognize you in that outfit. City ofMiami Page 137 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Joseph Zahralban: My apologies. Joseph Zahralban, Fire Chief Department of Fire -Rescue. And please excuse the -- the dress. I'm usually dressed more formally. Commissioner Carollo: No -- no, this is fine. Mr. Zahralban: I did ask the Manager for permission to come up and speak very briefly on the item you just passed. And the only thing I would like to do is address just a moment of our -- or -- or a brief piece of our history so that can be taken into consideration as you all move forward thoughtfully with -- with -- within this process. The Miami Fire Department has a very proud tradition. In the last 120 years, we have never hired a fire chief or a fire executive from the outside. The only individual that we hire from the outside is an entry-level firefighter. And we work very hard to groom our firefighters to become our future leaders. And as I said, in 120 years, we have always used succession planning and the grooming, the mentorship, and the leadership process in order to determine who -- what our future would look like and who our future fire chiefs may be. So, my only concern is that, as we lump Fire and Police together, some of the verbiage that might be applicable to Police may not necessarily be applicable to Fire. So, I only ask that you keep that at the forefront of your thoughts as you move forward in this process and -- and give consideration to that. Because as I said, we do have a longstanding tradition of grooming our own and -- use myself as an example. I still have about three years left here, and we've already begun succession planning where we rotate all our executives through every position within the fire department. We begin to bring chiefs from the street up into executive staff for three-month rotations at a time. So, we actually start planning three years ahead of the vacancy in order to ensure that every level of leadership is prepared. And what should they be prepared for? My departure. Because the mark of a good leader is not that they can't operate without you. The mark of a good leader is that when you leave, they haven't skipped a beat, and that's what we worked towards. And we only ask that you take that into consideration. Commissioner Reyes: Through the Chair. Vice Chair Russell: Thank you, Chief Commissioner Reyes: Chief if I'm here when you leave if I'm -- I'm re-elected, you're the -- you're going to be my appointee for the -- for the selection offire chief. Mr. Zahralban: Thank you, sir. Commissioner Reyes: Okay. Vice Chair Russell: My question to you is: Despite your internal process by the Code and Charter, the actual end determination still lies with the City Manager, though? Mr. Zahralban: Absolutely, sir. Commissioner Reyes: Absolutely. Vice Chair Russell: Right. And so under the process that this potential ballot cha -- this ballot question poses, would that alter who can apply within your process? Mr. Zahralban: The answer is, I'm not sure. Vice Chair Russell: I don't believe so. City ofMiami Page 138 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Zahralban: I --1-- I believe that -- Vice Chair Russell: It changes who scrutinizes them at the end of the day. Mr. Zahralban: Absolutely. And I have no problem with scrutiny because I believe that we do a good enough job in pres -- in preparing our future leaders that they will rise to the top regardless. And that's evidenced by Miami firefighters running fire departments all over this nation. So, I have no concern about that. I just want to make sure that, as we create rules for both Police and Fire, we recognize that Fire's history is slightly different. Vice Chair Russell: That's understood. Commissioner Reyes: And -- and if I may add, the final decision is within the City Manager. Mr. Zahralban: Yes, sir. Commissioner Reyes: Okay. And -- Commissioner Watson: Even with your process? Mr. Zahralban: Yes, sir. Commissioner Reyes: Okay. Commissioner Watson: Let -- let me just -- Ms. Mendez: As drafted, someone else -- several someone elses can apply for that position, and you have to go through the committee process as drafted. Mr. Min: With the caveat that this charter amendment does not prohibit the Manager from doing an internal recruitment -- Commissioner Reyes: No, it does not. Mr. Min: -- of the fire chief. If he wanted to limit the recruitment to internal candidates, he can do that. It still goes to the selection committee and -- Commissioner Reyes: That's right. Mr. Min: -- the -- the City Manager selects. Mr. Zahralban: Absolutely. And if -- if I may, my -- my only concern is when I'm not here and we're not here and the Manager isn't here, will that institutional memory still be there, or will it be written in such a manner that -- Commissioner Reyes: Well -- Commissioner Diaz de la Portilla: But -- but -- wait. But -- hold on. But your internal -- your manager, whatev -- whoev -- whatever manager it is can still pick whoever he wants, and your succession plan that you leave stays in place, correct? Mr. Zahralban: Yes, sir. Yes, sir. Commissioner Diaz de la Portilla: Can anybody else apply? City ofMiami Page 139 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: They could apply. Commissioner Reyes: Yes. Mr. Zahralban: If -- even -- and I would defer to the -- to the City Attorney, but even under the current charter, the -- if the Manager so desired, someone else from the outside could apply. That's part of the reason that we believe so strongly in our succession planning and the development of our leaders, so that that never becomes a -- a -- a potential need for the Manager to consider. Commissioner Reyes: But Chief the -- your concern is -- according to that is moot because when you leave and a different city manager comes in, even with the actual - - actual system, the Manager could pick anybody. Mr. Zahralban: Yes, sir. Commissioner Reyes: Okay. And -- and what we want to make sure is that every single firefighter could apply for it. I mean, anybody that is interested, including ours, but that doesn't mean that the next city manager, that if it comes, let's say, from someplace else or whatever, could pick anybody else. And what -- what this -- what this -- the -- I -- I mean, this process guarantee, guarantee that the best, the most qualified candidates are going to be and -- and -- and if.-- the way that you have a succession, that you are grooming your firefighters to be chief they're going to he in the finalists. Mr. Zahralban: Yes, sir. Absolutely. Commissioner Reyes: I mean -- I mean -- Mr. Zahralban: And -- and as I said -- Commissioner Reyes: 1 don't see why you're so concerned about it. Mr. Zahralban: The only -- the only concern is specifically as we discuss language moving forward. And as we primarily gear this towards Police, I just want to ask that we keep it at the forefront of our thoughts that we don't pigeonhole or trap ourselves into -- into creating something that affected Fire adversely, and we didn't anticipate it. That's -- that's the only consideration I'm asking for. Commissioner Reyes: But what you have to do is train them well -- Mr. Zahralban: Absolutely. Commissioner Reyes: -- and keep on training them well because they have the same chance of the -- I mean, the same opportunity as you -- they have now. Mr. Zahralban: Very good. Commissioner Reyes: Okay? Mr. Zahralban: That's -- that's all I can ask for. Thank you, sir. Commissioner Reyes: No, no, no. Keep on training them well. Mr. Zahralban: Absolutely. City ofMiami Page 140 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Reyes: And now that I'm -- I'm -- that you're, here, Chief I'm going to --1 want to take this opportunity to thank you -- Commissioner Watson: Yeah. Commissioner Reyes: -- and to congratulate you and you don't know how pride -- proud you made us that the -- the job that you did in -- in, I mean, of -- of the rescue Vice Chair Russell: In Surfside. Commissioner Reyes: -- of Surfside and the -- the time and the effort placed by your troop and yourself and all the chiefs. I mean, it's very commendable. Thank you. Thank you. Thank you so very much. Congratulations. Commissioner Watson: I just -- Mr. Chair, I just want to say I've never seen anything like Surfside to that -- to that degree ever in life. And if we had called you here, you would come because that's just how you are, but it must be said because we never know -- most times you all -- you all go off somewhere, right? And -- and we all, I think, went over there, and the Manager -- I went with him one day. No -- no one knows the sort ofjobs you guys do outside ofjust showing up at a house or an accident. But what I saw, what I experienced from you and our guys was probably one of the finest jobs I ever seen done by anybody in that sort of circumstances. And thank you very much for representing us. Thank you for helping me, and just thank you for the job you do. Vice Chair Russell: Thank you. Mr. Zahralban: Thank you, sir. We did our best to make the best out of an absolutely terrible situation. Thank you. Vice Chair Russell: And -- and in the context of this item, 1 -- it -- it speaks to the leadership of both the Police Department and the Fire that we have chiefs that were exactly where they needed to be this month; you in Surfside, Chief Acevedo in Calle Ocho and the Freedom Tower. The issues that we're facing this month, we had the leadership that made sure this -- this city was proud. And that also reflects on our City Manager for the selection process through which he's gone. So, thank you. Thank you for your team, your service, and -- and -- and to the police chief and the Manager, as well. It's been -- it's been quite a month. Thank you. Mr. Noriega: If I may add -- Mr. Zahralban: Thank you. Mr. Noriega: -- they rotate off officially today. So, you know, they're going to get a much -needed opportunity to kind of catch their breath and -- and much -- much needed and probably long deserved. So, I wanted to also, you know, publicly commend the Chief You know, we'll do something a little more formal at our next opportunity. We had hoped to do something today for the Urban Search and Rescue team. We couldn't because they were still deployed, but you know, we'll do something for them at a future Commission date. But I'm just happy they're going to get a chance to sort of stand down now and actually rest up. Vice Chair Russell: They deserve a vacation. Mr. Noriega: At least some of them def -- desperately needs it, so -- City ofMiami Page 141 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Thank you, Chief. Mr. Zahralban: Thank you. RE.11 RESOLUTION 9309 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE JULY 1, 2021 LITTLE HAITI REVITALIZATION TRUST'S ("TRUST") BOARD APPOINTMENT OF AS THE TRUST'S PRESIDENT/CHIEF EXECUTIVE OFFICER ("PRESIDENT") PURSUANT TO SECTION 12.5-45 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); FURTHER APPROVING THE SALARY AND BENEFITS OF THE PRESIDENT IN THE APPROXIMATE TOTAL AMOUNT OF FIFTY SIX THOUSAND DOLLARS ($56,000.00) FOR THE THREE (3) REMAINING MONTHS OF JULY 1, 2021 TO SEPTEMBER 30, 2021 FOR FISCAL YEAR 2020-2021 PURSUANT TO SECTION 12.5-45 OF THE CITY CODE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item RE.11 was deferred to the September 13, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item RE.11, please see "Order of the Day." RE.12 RESOLUTION 9366 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING PRESIDENT JOSEPH R. BIDEN, JR. AND THE 117TH CONGRESS OF THE UNITED STATES (COLLECTIVELY, "FEDERAL GOVERNMENT") TO TAKE ANY AND ALL ACTIONS NECESSARY TO ASSIST THE CUBAN PEOPLE IN THEIR CALL FOR FREEDOM AND RELIEF FROM CUBA'S SOCIALIST AND COMMUNIST REGIME; FURTHER URGING THE FEDERAL GOVERNMENT TO PROVIDE MEDICAL EQUIPMENT AND TREATMENT TO COMBAT THE LATEST SURGE OF THE NOVEL CORONAVIRUS ON THE ISLAND; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-21-0300 City ofMiami Page 142 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Jeffrey Watson, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: So, if you can hear me, we have a couple items on our agenda that are relatively related to this. And if there is a motion to take up RE.12 and RE.15, I am happy to hear them at this point. Commissioner Watson: Motion. Commissioner Carollo: Moved. Vice Chair Russell: Moved by Commissioner Watson, second by Commissioner Carollo. Commissioner Carollo: And the motions are sponsored by the entire City Commission. Vice Chair Russell: Unanimous -- unanimous co-sponsorship. Commissioner Reyes: There is -- on RE.12, there is a friendly amendment that Madam City -- if -- if it accepted by the mover and the -- Commissioner Carollo: Accepted. Commissioner Reyes: -- and I want you to read that. It's my -- I'm having a -- a friendly amendment. Victoria Mendez (City Attorney): Yes, Commissioner Reyes. The friendly amendment is, whereas witnessing the plight of the Cuban people, communities throughout the world have protested to support the Cuban people in their call for freedom. And the other amendment is transmitting -- in Section 4, for the transmittals, to also send it to Secretary -General Antonio Guterres of the United Nations, European Parliament President David Maria Sassoli, European Council President Charles Michel, European Commission President Ursula von der Leyen, and Secretary -General Luis Leonardo Almagro Lemes of the Organization of the American States. Vice Chair Russell: Does the mover and seconder accept? Commissioner Carollo: Motion is accepted. Vice Chair Russell: Thank you. So, just so that the public is aware for public comment, this is a resolution of the Miami City Commission urging President Joe Biden, Junior, and 117th Congress of the United States to take any and all -- any and all actions necessary to assist the Cuban people in their call for freedom and relief from Cuba's socialist communist regime. Further urging the president, Joe Biden, and the 117th Congress to provide medical equipment and treatment to combat the latest surge of the novel coronavirus on the island. And then directing the City Clerk to transmit a copy of this resolution to the official named herein, as well as the amendment. Is there anyone here from the public who'd like to speak on this item? I'll open public comment. Please step up to the lectern over there. You have two minutes. Just state your name and you're very welcome. City ofMiami Page 143 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Giselle Gutierrez: 1 would respectfully request three minutes. I tried to put in -- if that's okay. Vice Chair Russell: I'm sure we will grant it. Go ahead. Ms. Gutierrez: Thank you. Good morning, Mr. Mayor, Mr. Vice Chairman, Commissioner, Madam City Attorney, City Clerk, and City Manager. I'm Giselle Gutierrez and I proudly serve as a co -vice president of CABA, the Cuban American Bar Association. I'm here today on behalf of CABA in support of Resolution 9366, which urges President Biden to take any and all actions necessary to assist the Cuban people in their call Jrofreedom. The recent uprisings in Cuba present a historic opportunity to assist the Cuban people in their quest for freedom from the authoritarian regime that has oppressed and brought widespread misery to its citizens since 1959. Where basic principles of rule of law like self-determination, free and fair multi party elections, freedom of speech, the right to freely associate are all withheld from their citizens. The Cuban regime engages in systemic human rights violations, which have been denounced for decades by leading human rights organizations. Moreover, it muzzles dissent by imposing absolute control over all forms of communication, both among Cuban citizens and with the outside world. While the regime espouses the false narrative that it enjoys near total support from the Cuban people, the world has now borne witness to this falsehood, repeatedly and via video recording. When the Cuban people spontaneously fomented a national movement of protests against their government, using technology to communicate with one another and with the international community, they knew full well the likely repercussions of openly manifesting disagreement with the Cuban regime would lead to oppressive and punitive actions. Thousands of Cuban nonetheless joined the multi -city movement of peaceful demonstrations. And for the first time in 60 years, they were organized and mounted a peaceful protest that spread across Cuba from coast to coast within hours. The world watched as these brave men and women and youth marched in the streets throughout Cuba and risked their lives to call for freedom and an end to their repressive government as so many other nations have done. President Biden rightly recognized the clarion call for freedom and relief from the tragic grip of the pandemic and the decades of oppression and economic suffering to which the Cuban people have been subjected to by the Cuban regime. The Cuban regime likewise heard that call, and it responded with violence. The regime sanctioned savaged beatings of peaceful demonstrators, and subsequent arbitrary arrest of citizens of all ages has now been captured, recorded, broadcast, and shared repeatedly. This Commission now has a historic opportunity to help the Cuban people rid themselves of the oppressive government by adopting Resolution 9366 and urging President Biden to take any and all actions necessary to assist the Cuban people in their call for freedom, for which there is a viable path. There is only so much Cuban citizens can do under the heavy hand of their armed and repressive regime. Their efforts have been exceptional. It is now in our hands -- in your hands to support those efforts. CABA and other voluntary bars across the country, jointly wrote to President Biden, outlining constructive and strategic measures to prove -- provide crucial support to the cause of freedom in Cuba. And I respectfully submit that letter for your consideration, and I implore to adopt this resolution today. Thank you for your time. Vice Chair Russell: Thank you for your comments. Applause. Vice Chair Russell: Is there anyone else here to speak at public comments on this item? City ofMiami Page 144 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Greg Frank: Commissioner, 1 respectfully request one extra minute, as well. 1 just ask, in addition to everything that the lady just shared, the Venezuelan army -- Vice Chair Russell: Your name, please? Mr. Frank: My name is Greg Frank. I'm a citizen of ZIP code 33137 and constituent. The -- in addition to everything she said, the Venezuelan army has also flown in forces to support the Cuban army. Members of our -- of the United States, Cubans and Americans, are going to be in Washington, DC on Saturday. I respectfully request, if Mayor Suarez and any other Commissioners who are able, set up a meeting with President Biden in advance and ask him to take the actions that really will provide the assistance. I believe he is getting bad information from lobbyists who have business interests that counter the actual Cuban people's freedom, and it would be -- 1 think it would be very helpful if as many of you gentlemen as possible speak with him in person on Saturday. Thank you. Vice Chair Russell: Thank you for your comments. Is there anyone else here to speak on public comment on RE.12? 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 unanimously. Thank you very much. City ofMiami Page 145 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 RE.13 RESOLUTION 9374 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), FOR CONSIDERATION AT A SPECIAL ELECTION SCHEDULED FOR NOVEMBER 2, 2021 PROPOSING TO AMEND SECTION 29-B OF THE CITY CHARTER, TITLED "CITY - OWNED PROPERTY SALE OR LEASE - GENERALLY," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GROUND LEASE AND MASTER DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND SUNTEX MARINA INVESTORS, LLC OR AN AFFILIATE THEREOF ("SUNTEX") FOR APPROXIMATELY TWENTY SEVEN (27) ACRES OF CITY -OWNED PROPERTY (INCLUDING UPLANDS AND SUBMERGED LANDS) IN VIRGINIA KEY AND LOCATED AT 3301, 3307, 3605, AND 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA AND IDENTIFIED AS FOLIO NOS. 01-4217-000-0020, 01-4218- 000-0030, 01-4218-000-0031, 01-4218-000-0010, AND 01- 4217-000-0030 (COLLECTIVELY, "PROPERTY") FOR AN INITIAL TERM OF FORTY FIVE (45) YEARS WITH TWO (2) FIFTEEN (15) YEAR RENEWAL TERMS WITH THE CUMULATIVE TERM, INCLUSIVE OF BOTH RENEWALS, NOT TO EXCEED SEVENTY-FIVE (75) YEARS AND PROVIDING FOR AN ANNUAL RENT EQUAL TO THE GREATER OF FAIR MARKET VALUE AS DETERMINED BY TWO (2) INDEPENDENT STATE CERTIFIED APPRAISERS OR (A) TWO MILLION SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS ($2,750,000.00) PLUS (B) A PERCENTAGE RENT EQUAL TO SEVEN PERCENT (7%) OF THE GROSS REVENUES GENERATED FROM WET SLIP AND DRY STORAGE, SEVEN PERCENT (7%) OF GROSS REVENUES GENERATED FROM FUEL SALES, SEVEN PERCENT (7%) OF THE GROSS REVENUES GENERATED FROM SUBLEASE INCOME, AND FIVE PERCENT (5%) OF GROSS REVENUES GENERATED FROM OTHER INCOME -GENERATING SOURCES RECEIVED FROM THE PROJECT FOR THE DEVELOPMENT OF A WORLD -CLASS MIXED -USE MARINA FACILITY WITH A MINIMUM CAPITAL COMMITMENT BY SUNTEX OF ONE HUNDRED MILLION DOLLARS ($100,000,000.00); AUTHORIZING THE USE OF THE PROPERTY FOR A MIXED -USE WATERFRONT FACILITY INCLUDING, BUT NOT LIMITED TO, MARINAS, BOATYARD, DOCK MASTER'S OFFICES, SHIP'S STORES, DRY RACK BOAT AND OTHER VESSEL STORAGE, WET SLIP DOCKS, RESTAURANTS, RETAIL, FUEL FACILITIES, AND OTHER RECREATIONAL AND MARINE RELATED USES, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS. City ofMiami Page 146 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: For additional minutes referencing Item RE.13, please see "Order of the Day." Conmaissioner Carollo: Let's take this item right now. He can make the motion to place it on the ballot or to send it to the City Attorney's Office, I guess, first to write it, and then place it on the ballot, whatever it is that he wants to present that he's got here. And if the votes are there, then we move. If they're not there, it dies, so -- Vice Chair Russell: So, you're inviting a motion on P -- RE -- Commissioner Carollo: I'm inviting a motion, with the Chair's permission — Vice Chair Russell: -- 13 and 14. Commissioner Carollo: -- if he could bring in -- Commissioner Diaz de la Portilla: Well -- Commissioner Carollo: -- 13 and 14, let him make his motion. Commissioner Diaz de la Portilla: Well -- well, hold on -- hold on. First of all, there was a motion -- if I may, Mr. Chair, through you. There's a motion to defer the item. Commissioner Carollo: Well, I'm withdrawing the motion. Vice Chair Russell: The motion hasn't been made yet. Commissioner Carollo: I'm withdrawing the motion. It was never seconded. Commissioner Diaz de la Portilla: Okay. So, you're withdrawing the motion. So -- so, now -- Commissioner Carollo: It was never seconded. Commissioner Diaz de la Portilla: So -- that's true. Now, there's -- I have -- there are people that come -- come to speak on this item, and they're not here yet. So, the timing of an issue that I'm presenting before this Commission, as we have extended that courtesy to you, Commissioner Carollo, and to Commissioner Reyes and to every commissioner on the dais. When you want to make a time certain -- have a time certain vote or time certain conversation, 1--1 want to be the one that dictates the time, not you, because it is my -- it is my item. So, what I wanted to do was to have everybody present to be able to hear the argument, which 1 think is fair. Commissioner Carollo: Well, who -- who is missing, then? Commissioner Diaz de la Portilla: And at 2: 00 p.m. -- well, at 2: 00 p.m. -- City ofMiami Page 147 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: Who -- who is missing? Commissioner Diaz de la Portilla: After the -- the -- Commissioner Carollo: Who is missing? Commissioner Diaz de la Portilla: You'll see. Commissioner Carollo: No -- no, but I'd like to know. You're saying that you want to delay it because somebody -- Commissioner Diaz de la Portilla: No, I don't want to -- Commissioner Carollo: -- wanted to speak. Who? Commissioner Diaz de la Portilla: As a courtesy, I want a time certain debate, as you have had many times. Commissioner Carollo: We've had the debate. Commissioner Diaz de la Portilla: At 2: 00 p.m. -- Commissioner Carollo: Who needs to vote? Commissioner Diaz de la Portilla: I don't want you to dictate the timing of my agenda item. Commissioner Carollo: No, I'm -- I'm not dictating. I'm just bringing it to a vote. Coninussioner Diaz de la Portilla: So, I understand you -- I -- I understand what you want to do. Commissioner Carollo: We're -- we're not going to be here for hours and hours -- Commissioner Diaz de la Portilla: No, we're not. That's why I'm doing it time certain. Commissioner Carollo: And that's what you intend to do. Commissioner Diaz de la Portilla: No. Commissioner Carollo: Yes, it is. Commissioner Diaz de la Portilla: No, no, no. We're going to make a time -- Vice Chair Russell: Just a moment, gentlemen. Just so I can -- Commissioner Diaz de la Portilla: And that's -- Vice Chair Russell: Just so I can clarify -- Commissioner Diaz de la Portilla: I want the item to be debated at 2: 00 p.m. Is not - - it's time certain. It's not forever and ever if we limit the debate. We can even limit the debate to ten minutes per side. Vice Chair Russell: Commissioner -- City ofMiami Page 148 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: You can't -- you can't even tell me who's going to come, and you want a time certain. I won't accept that. Commissioner Diaz de la Portilla: Well -- well -- well, first -- first of all you're not - Vice Chair Russell: Just a moment, gentlemen. Commissioner Diaz de la Portilla: You're not a judge -- Vice Chair Russell: Gentlemen -- gentlemen. Commissioner Diaz de la Portilla: -- and you don't determine when my items are heard. That's the issue here. The issue here is -- is collegiality and courtesy. You don't determine when my items are heard, the same way I don 't determine when your items are heard. I'm asking my colleagues, which is the right thing to do as a courtesy, as a matter of collegiality; as all legislative bodies should work and operate under certain rules of -- of decorum, that I want to hear this item at 2:00 p.m. And what's wrong with that? Vice Chair Russell: I would like to speak, please. Commissioner Carollo: Everything you ever lived by. Vice Chair Russell: Just a minute, Commissioner Carollo. Commissioner Carollo: I -- I -- Vice Chair Russell: Just -- just a minute, Commissioner Carollo. The commissioners do not decide unilaterally when items get heard. Commissioner Carollo: That's right. Vice Chair Russell: Time certains -- Commissioner Carollo: Correct. Vice Chair Russell: -- are submitted to the Chair. Commissioner Diaz de la Portilla: Correct. Vice Chair Russell: I have not received a time certain request on this item. It is on the agenda as -is. Now, anyone of us can individually make a motion to take an item out of order if we like, but 1 have not accepted any time certain items for this agenda, and I can be out -ruled if three commissioners or more would like to set a time certain. But I haven't -- I have not heard this request, up to now, of a 2:00 p.m. specific because someone can't be here, and we don't know who it is. Commissioner Diaz de la Portilla: Because -- because somebody made a motion to defer out of order. In other words, to take -- Commissioner Watson: Okay. Well, let me just ask a question because if it's -- ifit's out of order, Todd, is it out order or --- because I don't -- I thought -- Commissioner Diaz de la Portilla: I -- I -- I don't know. This is RE.13 and RE.14. So, somebody's trying to defer -- Commissioner -- not somebody. Commissioner City ofMiami Page 149 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Carollo is trying to defer the item because he does not want to have a debate on the competitor to the particular vendor that he supports. 1 get that. Commissioner Carollo: We've had the debate already. Commissioner Diaz de la Portilla: No, but I want to ask -- Commissioner Carollo: We had a request maybe. Commissioner Diaz de la Portilla: But -- but -- listen -- Commissioner Carollo: We had a motion made on it. Commissioner Diaz de la Portilla: No, no, no, no, no. It doesn't matter if you lose it or win it because November is coming and, you know, all the things are going to happen. Legislative pendulum swings. It doesn 't matter we win it or lose it. The debate is always had. Commissioner Carollo: What -- what about November is coming? I -- I don't understand that. I missed something there. Commissioner Diaz de la Portilla: Well -- well, different people are elected to office, Commissioner. Commissioner Carollo: Oh -- oh. Commissioner Diaz de la Portilla: We're not talking about you, Commissioner. There's an open seat. There's other things that are at happening. There will be an open seat, I believe. But all of that's a different conversation for a different day. This is a debate about what's good for Miami -- what's in the best interest ofMiami, how Miami can build world -class marinas. May very well he that your preferred vendor can build a world -class marina. 1 never said that he can't. 1 never said that. What I'm saving is that the voters of Miami should have a right to decide. Commissioner Carollo: They are. Commissioner Diaz de la Portilla: And that's the option. And I understand that you, Chair Russell, and you, Commissioner Carollo, favor a particular vendor keeping a marina that's been the same for many years. He has now offered, and 1 see -- I see Mr. Melwani there in the audience and Mr. De Grandy, who represents him. But they have now offered a 100 million plus plan to build a world -class marina, and they need some certainty. Commissioner Carollo: Not now. That was always offered from day one. Commissioner Diaz de la Portilla: There -- there -- there is no certainty in a process that's rammed through a pro -- because it's a very long process. You have to have long-term vision. It has to go to referendum; that has to pass. It has to come back to this body for a four --fifths vote. There is no certainty in that. That will never happen. So, what needs to happen is, let the voters of Miami decide which of the two -- if you want to do a referendum, which should happen -- it's what Commissioner Reyes recommended from the beginning to avoid all this -- this entire debate. Let's go through an RFP process. Let's pick the correct selection committee -- because I do agree with you, Commissioner Carollo, that that selection committee was, for lack of a better word, somewhat rigged and that it wasn't a favorable -- and they changed the goal posts on them along the way, because I know the history. I get all that. So, let's do a legitimate RFP process, expedite it in 21 days that an unsolicited bit would City ofMiami Page 150 Printed on 01 /21 /2025 City Commission Meeting Minutes July 22, 2021 would -- would trigger. And we have a real process for competition and different people can bid and, you know, they'll -- they'll be the sane place. And whoever gives the City of Miami the best deal, we get the best deal. That's what we're looking for here: the best marina and the best deal. What we're not looking for -- we should not be looking for here is to give one vendor one shot -- the only vendor, and to eliminate all competition and give them preferential treatment. That's exactly what's happening here. Commissioner Carollo: That's -- that's -- Commissioner Diaz de la Portilla: That's exactly what's happening here. And for many reasons, but we're going to get into that, either. Commissioner Carollo: Commissioner, you know (INAUDIBLE). Commissioner Diaz de la Portilla: So, what we're going to do is this. Commissioner Carollo: And I'm truing to be cordial -- Commissioner Diaz de la Portilla: Me, too. Commissioner Carollo: -- and not get into it. Commissioner Diaz de la Portilla: I can get into with you if you want. Commissioner Carollo: But you know well what's happening, so -- Commissioner Diaz de la Portilla: I can get into it. I can go into -- Commissioner Carollo: -- the bottom line is that I haven't heard you say anything new from the last meeting, the one before that -- Commissioner Diaz de la Portilla: Commissioner, I haven 't (INAUDIBLE) new, either. Vice Chair Russell: Commissioners, one at a time. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Carollo: It's either your way or the highway. Commissioner Diaz de la Portilla: No, no, no -- Vice Chair Russell: One at a time, please. Commissioner Diaz de la Portilla: You haven't said anything new, either, and you go on and on and on and on. Vice Chair Russell.: Commissioner -- Commissioner Diaz de la Portilla, please. Commissioner Carollo has the floor, and then I'll pass it to you. Commissioner Diaz de la Portilla: Yeah, well, pass it to me. Commissioner Carollo: Everything that you're saying is a repeat, a repeat, a repeat. Commissioner Diaz de la Portilla: Commissioner, that's you. City ofMiami Page 151 Printed on 01 /21 /2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: And -- Vice Chair Russell: Just a minute. Commissioner Carollo: -- all -- absolutely true. And all that we've seen is tricks from the Suntex Company. Commissioner Diaz de la Portilla: Nah. Commissioner Carollo: In fact, the original bidder on the Suntex Group, 50 percent of them, which is the Christophs, they were the ones that were supposed to, I -- I believe, build the project. They're not part of them any longer from what I see that was presented. I don't know who the new partners are. That'd be interesting -- I have an idea, but they're not listed. And then after the representative from Suntex met with, from what I heard last meeting, quite a few of us, and what he was asking for was Dinner Key Marina. And if he would be given Dinner Key Marina, then he wasn't going to mess with the trick that he came up at the top of the ninth inning with this proposal that Commissioner Russell presented. It was approved by the Commission to go to vote in a referendum to the voters. So, my position is, I am not going to be here, especially a day like today that we have so much, discussing the same thing for hours and hours. You've made your point. Commissioner Diaz de la Portilla: Not yet. Commissioner Carollo: This Commission could vote up or down. If you had the votes, so be it. We live in a democracy. If you don 't, then we move forward. But I am not going to be in favor of sitting here talking about the same issue that -- what it comes down to is -- is Suntex. Are they going to play every game of the world to stop anybody from going through a process that has been voted upon by this Coniniission? And look, I -- I -- I could, you know, go into many other things that would be very unpleasant. I'm trying to avoid that. But what I'm saying is, the way democracy works is through a vote. We're going to have that vote here. If you have a majority of this Commission in favor of it, so be it. If you don't, you can't keep coming -- trying to filibuster, truing to, you know, somehow whip us down into accomplishing what you want. I've lost a tremendous amount of faith in this last trick from these people in Suntex -- tremendous amount of faith in -- in who these people are because things are done in the way that they did it. 1 mean, it's -- it's -- it's absurd. So, to my colleagues, I -- I say this. You tell me, Chair, what kind of motion you want to bring this discussion -- the same discussion that is being repeated and repeated and repeated time and time again, to an end so we could have a vote. And if the last-minute trick, the rabbit out of the hat that they thought they could pull out, is there, then he gets his way. If it's not there, then we move forward. Vice Chair Russell: Thank you, Commissioner. I do agree this is a Hail Mary pass by the Suntex Group to try to force a selection process here on the floor, present to us and compare apples to oranges and see if we can make a choice here. And that -- that wasn't the original agreement here. Commissioner Diaz de la Portilla: I thought you were going to recognize me. Vice Chair Russell: So, yes, I -- I will recognize you. But Commissioner Carollo's question was what would solve the situation. It would be one of. two things. Either a motion to approve RE.7, or a motion to deny or with -- withdraw or defer RE.13 and 14. Either of those would work. City ofMiami Page 152 Printed on 01 /21 /2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: Well, it -- it's not quite as simple as that because what he's asking for is to -- approval so -- 13 at the same time. And RE.7 is separate from the rest of it. And what I'm trying to -- is flush the quail out -- Commissioner Diaz de la Portilla: Yeah, flushing. Commissioner Carollo: -- on this. This is a -- an old saying in Tallahassee with the Tallahassee boys. And let's bring it to a head. Commissioner Diaz de la Portilla: I agree. Commissioner Carollo: You know, let's have a vote, you know, put the motion. Commissioner Diaz de la Portilla: We'll have the vote when we have the debate. Commissioner Carollo: You had your debate -- Commissioner Diaz de la Portilla: No -- no, you -- Commissioner Carollo: -- last time. You had it now. Commissioner Diaz de la Portilla: Once again, Commissioner Russell -- Chairman, I'm recognized when the filibuster ends? Vice Chair Russell: Yeah, you -- you -- Commissioner Diaz de la Portilla: Has the filibuster ended? Vice Chair Russell: Should we pass a reso to eliminate the filibuster? Because I think we all agree that America would be better without it. Commissioner Diaz de la Portilla: Talking about -- talking about filibuster and on and on and on. Vice Chair Russell: Mr. Diaz de la Portilla, you 're recognized. Commissioner Diaz de la Portilla: Thank you. The -- the only unpleasant conversation that could be had here, Commissioner Rey -- Carollo, you know what it is. The proposal, Commissioner Russell, you presented is a specific favor to a specific vendor without any kind of competition, a specific vendor that you have, for years, protected and defended. Now, let's talk a little bit about the history. For seven years, this particular vendor -- and I'm -- I don 't -- my purpose here is not to go against any particular vendor, but the history matters, and the unpleasant conversation is the one that I can have, and I'd be more than glad to have with Commissioner Carollo when -- whenever you want to have it. But I'm not an unpleasant person, unlike others. I'm a person that likes real debate in a democracy. So, you don't just say, let's vote on it, you can't talk about something. That's what happens in dictatorships. In a democratic forum like this one, in a democratic body like this one we have a conversation. Every member of this body is an equal member; and every member of this body has a right to have a debate about the issues that are important. Now, there are really important issues in our city and there are really big -ticket items in our city. Marinas and the quality of marinas -- for Miami to have a world -class marina is a big -ticket item, as are another things, you know: the MRC (Miami Riverside Center), the soccer stadium -- the things that are controversial sometimes but are big -ticket items, but sometimes they stir passions and -- and create more debate than it needs. But to be clear -- to be clear, what's happened here the last seven years of not having a world -class marina -- and City ofMiami Page 153 Printed on 01 /21 /2025 City Commission Meeting Minutes July 22, 2021 actually, how many years has it been, Mr. Melwani you've had that marina? Not a question. It's rhetorical. Decades? Nothing's happened there -- nothing's happened there. So, there's no trick here. There was an unsolicited proposal, which is allowed by our rules and allowed by our government and allowed by our laws, that came before us to say, hey, we have a better deal for Miami and for Miamians where we can generate more money. Miamians may not agree it's a better deal. They'll vote it down and they'll vote another one up. But the choice -- the option is what we want, the opportunity. The reason why they're now bidding for the Rickenbacker Marina was because they tried in meetings -- and Mr. De Grandy will attest to this, and Mr. Melwani will, too. They tried, both sides, to get together to compromise and to each develop a different marina. One would do Dinner Key and the other one could do Rick -- keep Rickenbacker. That way, Miami gets two world - class marinas. And there was no agreement. And what we did -- what I did was put those two parties together. I met with both parties, and they both offered good ideas for each of their marinas. That's what I did. I tried to bring everybody together into a room. I couldn't put it together in a room, but I put it -- I had different conversations, and then tried to get them together in a mom on their -- on their own and come up with two proposals. But this Commission and you particular -- you, Commissioner Reyes, because you sponsored it, you just -- you decided that all you wanted to do was put a referendum on it for one marina to benefit one vendor. That's anti -competitive. That's not in Miami's best interest. Because the numbers are clear that one side is offering more than the other: more money, more investment, I think -- and I could be wrong but more financial wherewithal to build a better class marina. And we gave them -- and we gave them the certainty that they're going to have it for 75 years, then they'll investment in it both. Suntex Marina Corporation is an international company that runs 100 boatyards -- 100 boatyards and marinas throughout the country -- 100 at last count. They just bought two in Florida last week. They bought Monty's -- the lease for Monty's four months ago. They're investing in our community and our state. To disparage them -- I don't know why. To benefit someone else, maybe. But not to discredit them because they're a good company. I don't care which company gets it. The better deal -- let Miamians decide. Let Miamians decide what's the better deal for Miami. That's why we have elections. But to put only one issue on the board is a disservice to democracy. It's clearly favoritism. It's clearly fave -- favoring a particular vendor and ignoring the competition that's out there to give Miamians and our city government more dollars and a world -class marina. The logical process is the one that we always do: an RFP, a legitimate RFP, an expedited RFP where both companies can compete, present before a selection committee, and then we get a number -one ranked bidder, number two -ranked bidder, and we decide. At the end of the day, the game that's being played here is being played by the current vendor. To put one item -- and it's -- it's a bad game. It's a game you're going to lose. Because you don't have four votes to pass it at the end of the day. So, you can win 13 battles and lose a war. You have to get it out today, which you will. You have to go to referendum, which you may or may not win, but it's going to cost you a lot of money. And then you have to bring it back to the Commission and get four votes, and that's not going to happen. Or at least it's a very, very difficult game. It's better to -- to compromise and to meet with other people and to not be so greedy that you want to get everything so that everybody, and Miami in particular, can benefit. Because I don't care about which company benefits'. I care about Miami benefiting. And you could do Rickenbacker and they could do Dinner Key and the voters can vote on it. And it comes before this Commission, and we pass it five to zero. It's kumbaya for this Commission, for our city, and for our marinas, we have -- we get over $200 million of investment in our marinas. Isn't that what we want? I think this is what we should want. But let's be clear. The unpleasant conversation, we can have it some other day, because I think today is a day to have other conversations. But the exposition was not a diatribe, Commissioner Carollo. There's a difference. The exposition has to be clear. This is favoritism towards one vendor and eliminating a City of Miami Page 154 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 legitimate company that wants to do good things for our city that we all should want. And a competitive bid is what democracy's all about and what we should be about. And I want to make sure that the media and that the press understand. This favors one -- one vendor over a competitive process, and that's not what we should be doing here. I believe, because I just got a text from the lobbyists for Suntex -- by the way, the lobbyist for Suntex is Mr. Bert Hernandez, who's arrived -- was arriving, and he wants to give his side of the argument. So, at least let's hear his presentation and why he thinks that his -- the company he represents is a good company for our sake and for Miamians. Commissioner Carollo: Fair. Vice Chair Russell: Commissioner Carollo, you're recognized. Commissioner Carollo: I do not think that any one of us up here could say that Commissioner Diaz de la Portilla has not had sufficient time. I don't know how many minutes he's taken, but between all the statements that he's made, it's a good 12, 15 minutes that he's spoken on this. The last meeting, it was more than that, and the previous before that, he also made some statements. So, the statements that he's saying, that he hasn't been able to debate this, the problem is that he hasn't been able to get his way on this. The bulk of the statements that he's made here, my God, you know, I thought I was hearing Mother Teresa that came from the grave. But they're not accurate at all. You know, my brother is not hired by any of the firms that -- Commissioner Diaz de la Portilla: Neither is mine. Commissioner Carollo: -- are working for this -- Vice Chair Russell: One at a time. Commissioner Carollo: -- or has worked for them. Commissioner Diaz de la Portilla: No, no. That's a personal -- Commissioner Carollo: Or has worked for them -- Commissioner Diaz de la Portilla: That's just a lie. Commissioner Carollo: -- or has worked for them. Commissioner Diaz de la Portilla: That's a lie. Vice Chair Russell: Commissioner, please. Commissioner Diaz de la Portilla: No, no, no. You cannot allow -- Commissioner Carollo: Nobody -- Commissioner Diaz de la Portilla: -- a lie like that because -- Commissioner Carollo: -- nobody -- Commissioner Diaz de la Portilla: -- I'm not going to talk about the campaign contributions you received from Mr. Melwani. Vice Chair Russell: Commissioner, please. City ofMiami Page 155 Printed on 01 /21 /2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: Nobody. Commissioner Diaz de la Portilla: I will not -- you want me -- that's the unpleasant conversation you want to have? Commissioner Carollo: You're interrupting me. Commissioner Diaz de la Portilla: No, no, no, no. You 're -- you're attacking my family. 1 happen to get along very well with my brother -- Vice Chair Russell: Nobody is attacking anybody -- Commissioner Diaz de la Portilla: And I had -- absolutely. And you said -- you're saying some — Vice Chair Russell: One at a time. Commissioner Diaz de la Portilla: -- you're saying something that is a lie, and I will not allow the lie to happen. Commissioner Carollo: Listen, you're not bad -- Commissioner Diaz de la Portilla: You're lying. Commissioner Carollo: -- you just smell bad. That's all. Commissioner Diaz de la Portilla: You're lying. You're the one who smells bad, and you are -- Commissioner Carollo: You're not a had -- Commissioner Diaz de la Portilla: -- you're lying. Commissioner Carollo: Well, this is the whole point. Every time -- Commissioner Diaz de la Portilla: No, you're lying. My brother has no interest in this. Commissioner Carollo: -- we get into discussion -- Commissioner Diaz de la Portilla: You have an interest in this because you have a preferred vendor -- Vice Chair Russell: Commissioner-- Commissioner — (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: Chairman, I can give you the names -- Vice Chair Russell: The Clerk cannot capture what is being said. You will speak one at a time. You will have a full -- Commissioner Carollo: This -- this is what happens -- Vice Chair Russell: -- ability for (INAUDIBLE) -- City ofMiami Page 156 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Diaz de la Portilla: When -- when you attack people -- when you attack people (UNINTELLIGIBLE) -- Commissioner Carollo: Every time -- Commissioner Diaz de la Portilla: When you attack -- absolutely, when you attack people (UNINTELLIGIBLE) (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Carollo: Your brother was hired by the -- Commissioner Diaz de la Portilla: My brother is innocent. Commissioner Carollo: -- Suntex (INAUDIBLE) -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: My brother isn't -- Commissioner Carollo: You have told me that yourself Commissioner Diaz de la Portilla: My brother is a respected lawyer -- my brother is a respected lawyer of this community, as all my family members are. Commissioner Carollo: And he worked for them, right? Commissioner Diaz de la Portilla: He does not. Commissioner Carollo: He works for them. Commissioner Diaz de la Portilla: He does not. Commissioner Carollo: He works. for them. Commissioner Diaz de la Portilla: That's a lie. He does not. That is a lie. Vice Chair Russell:: 1 thinkl want to take a recess -- Commissioner Diaz de la Portilla: That's a lie. Vice Chair Russell: -- because we've got a lot of work to do today. We're coming up on lunchtime. None of the public have been able to speak. I would like to get through -- Commissioner Carollo: Chair? Vice Chair Russell: -- what we're going to do with this item on the agenda. Commissioner Carollo: Chair, this is the point that -- every time that he doesn't get his way, he starts interrupting, the shouting, the fighting. Commissioner Diaz de la Portilla: You're the one shouting. Vice Chair Russell: Just one at a time. City ofMiami Page 157 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Diaz de la Portilla: I'm not shouting. Commissioner Carollo: The only way that, then, you could by to get a word in is by having to speak louder. Commissioner Diaz de la Portilla: No. Commissioner Carollo: This has happened -- Commissioner Diaz de la Portilla: One time. Commissioner Carollo: -- meeting after meeting, and, Chair, this has to stop. We have — Commissioner Diaz de la Portilla: It does. Commissioner Carollo: -- one member of this Commission that wants to do it his way every time. He talks about cordiality, respect -- Commissioner Diaz de la Portilla: Collegiality. Commissioner Carollo: So, he's had plenty to say. He didn't even know before who he wanted to bring to speak further on this. Commissioner Diaz de la Portilla: I did. Commissioner Carollo: I stand in the statement that I made before. As you stated, Chair, he doesn't have the right to pick a time that he wants or not. The Chair does. And if the body wants to overrule the Chair, it can. But none of that has happened, and we need to bring this to a head so that this game that he's playing comes to an end. Vice Chair Russell: What's your motion? Commissioner Diaz de la Portilla: Nobody's playing a game. Vice Chair Russell: Just a moment, Commissioner. What -- what is your motion, Commissioner? Commissioner Watson: What's the motions on the floor? Vice Chair Russell: There is not one on the floor at the moment. Commissioner Watson: I thought it was a motion to defer. Vice Chair Russell: Not yet. Commissioner Carollo: You know, I'm -- I'm going to make a motion to -- which of the two items again, Commissioner? Vice Chair Russell: RE.7 is the current tenant that we voted last meeting to place on the ballot. Commissioner Carollo: Okay. I'm going to make -- I'm going to start with that, and then we're going to go into his items. [Later...] City ofMiami Page 158 Printed on 01 /21 /2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: And Commissioner, you'd like to take up RE.13 and 14, 1 assume. Commissioner Carollo: Yes. Well, 14 only if 13 passes. Otherwise, you don't have to take up 14. Vice Chair Russell: What's your motion? Commissioner Carollo: My motion is -- I'm going to put a -- a motion so we can vote it up and down. I'm going to make a motion for RE.13. I'm sure Commissioner Diaz de la Portilla is going to second it. Commissioner Diaz de la Portilla: Well, no, I'm actually going to do something a little bit different if you allow me -- Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: -- to save us a little bit of time so we -- Vice Chair Russell: There's a motion been made. Is there a second? Motion dies for second -- lack of second. Commissioner Diaz de la Portilla, you have a motion? Commissioner Diaz de la Portilla: So, for the record to reflect that both RE.13 and RE.14 provides to the City of Miami substantially more dollars than RE.7 will ever do. That's important to know. I move that we defer both RE.13 and RE.14. Vice Chair Russell: To what date? Commissioner Diaz de la Portilla: To the next Commission meeting. September 13th, I believe it is now. Vice Chair Russell: Is there -- it wouldn't make the ballot if it were placed on that agenda. Commissioner Diaz de la Portilla: Of course not. Vice Chair Russell: So, what's the purpose? Commissioner Diaz de la Portilla: The purpose to defer is we have more conversations as we move forward before because we still have until September 3rd, 1 think, to put something on the ballot, correct? Mr. De Grandy: Not sure, but you're close. Commissioner Diaz de la Portilla: I'm close, right? Mr. De Grandy: And if you're not there, you're close. Commissioner Diaz de la Portilla: I'm -- I'm somewhere around there, yeah. So, there could be a second — Vice Chair Russell: So, there is a motion to defer. Commissioner Diaz de la Portilla: -- because, well, no. What happens is that you need to continue to try to change hearts and minds. And to have an entire month so people can see that something is good for the City of Miami, we -- we give it that City ofMiami Page 159 Printed on 01 /21 /2025 City Commission Meeting Minutes July 22, 2021 time. So, we defer it to the next agenda, hut we could always call a special meeting earlier to try to fit it in. That's the idea behind it. That's my motion. Vice Chair Russell: So, there's a motion to defer RE.13 and 14 to September 13th. Is there a second? Motion dies for lack of second. Is there a motion to withdraw RE.13 and 14? Commissioner Diaz de la Portilla: I move to withdraw RE.13 and RE.14. Vice Chair Russell: Is there a second to withdraw RE.13 and 14? Seconded by the Chair. Any further discussion on -- well, let me open for public comment. Is there anyone here to comment on the withdrawal of RE.13 and RE.14? Seeing none, I'll close public comment. Any comment from the dais? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes to withdraw RE.13 and RE. 14. Madam City Attorney, how much time do you need to draft the language for the full 75 words? Ms. Mendez: Are you taking a break? Are -- are you taking a break? Are you doing the CRA meeting? Commissioner Watson: Yeah. While we're sitting here, we'll do the CRA meeting, take 10 minutes, and then she'll come back with the language. Ms. Mendez: CRA? We're -- Vice Chair Russell: Yeah. And I do want to address this. There are 46 people who are signed up to speak for public comment who had been here now for three and a half hours. Ms. Mendez: Do you want -- we could -- Vice Chair Russell: And if we break for lunch, we don't come back until 3:00 p.m. So, we also have the option, gentlemen, to address our residents and hear from them for the next 30 minutes to an hour; and then break for lunch after 1:00. Does that sound fair to our residents -- Commissioner Carollo: I -- Vice Chair Russell: -- our bosses? Commissioner Carollo: Absolutely. I -- I do have to apologize. I -- I have something with the Mayor that 1 have to step out -- you know, I don't know how long, but it is extremely important for this community, and I'm going to have to step out for a few minutes to meet with him. Vice Chair Russell.: Commissioner Watson, is it all right with you if we take a public comment, and after public comment, take up the CRA meeting? Commissioner Reyes: Mr. Chair? Vice Chair Russell: Yes, sir. Commissioner Reyes: Are we finished with the order of the day? City ofMiami Page 160 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: No, sir. Commissioner Reyes: Okay. Because 1 wanted to spo -- sponsor that -- co-sponsor CA.2. Vice Chair Russell: CA.2 co-sponsorship noted. Commissioner Reyes: Yes, sir. Co-sponsor. Vice Chair Russell: Thank you. 1 also wanted to be noted as a sponsor for RE.3 and PZ.10. City ofMiami Page 161 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 RE.14 RESOLUTION 9375 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT AMENDING SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), TITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND TO NEGOTIATE AND EXECUTE A GROUND LEASE AND MASTER DEVELOPMENT AGREEMENT ("LEASE"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND SUNTEX MARINA INVESTORS, LLC OR AN ACCEPTABLE AFFILIATE THEREOF ("SUNTEX") FOR APPROXIMATELY TWENTY- SEVEN (27) ACRES OF CITY -OWNED PROPERTY (INCLUDING UPLANDS AND SUBMERGED LANDS) IN VIRGINIA KEY AND LOCATED GENERALLY AT 3301, 3307, 3605, AND 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA AND IDENTIFIED AS FOLIO NOS. 01- 4217-000-0020, 01-4218-000-0030, 01-4218-000-0031, 01- 4218-000-0010, AND 01-4217-000-0030 (COLLECTIVELY, "PROPERTY") FOR AN INITIAL TERM OF FORTY-FIVE (45) YEARS WITH TWO (2) FIFTEEN (15) YEAR RENEWAL TERMS, WITH THE CUMULATIVE TERM INCLUSIVE OF BOTH RENEWALS NOT TO EXCEED SEVENTY-FIVE (75) YEARS, AND PROVIDING FOR AN ANNUAL RENT EQUAL TO THE GREATER OF FAIR MARKET VALUE AS DETERMINED BY TWO (2) INDEPENDENT STATE CERTIFIED APPRAISERS OR (A) TWO MILLION SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS ($2,750,000.00) PLUS (B) A PERCENTAGE RENT EQUAL TO SEVEN PERCENT (7%) OF THE GROSS REVENUES GENERATED FROM WET SLIP AND DRY STORAGE, SEVEN PERCENT (7%) OF GROSS REVENUES GENERATED FROM FUEL SALES, SEVEN PERCENT (7%) OF THE GROSS REVENUES GENERATED FROM SUBLEASE INCOME, AND FIVE PERCENT (5%) OF GROSS REVENUES GENERATED FROM OTHER INCOME -GENERATING SOURCES RECEIVED FOR THE DEVELOPMENT OF A WORLD -CLASS MIXED -USE MARINA FACILITY WITH A MINIMUM CAPITAL COMMITMENT BY SUNTEX OF ONE HUNDRED MILLION DOLLARS ($100,000,000.00); AUTHORIZING THE USE OF THE PROPERTY FOR MIXED -USE WATERFRONT FACILITIES INCLUDING, BUT NOT LIMITED TO, MARINAS, BOATYARDS, DOCK MASTER'S OFFICES, SHIP'S STORES, DRY RACK BOAT AND OTHER VESSEL STORAGE, WET SLIP DOCKS, RESTAURANTS, RETAIL, FUEL FACILITIES, AND OTHER RECREATIONAL AND MARINE RELATED USES, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, AND RESTRICTIONS IMPOSED UPON THE PROPERTY BY LAW OR BY CONTRACT, WITH RESTRICTIONS, City ofMiami Page 162 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS; CALLING FOR A SPECIAL ELECTION AND PROVIDING THAT THE CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2021; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Watson ABSENT: Reyes Note for the Record: For minutes referencing Item RE.14, please see "Order of the Day" and Item RE.13. RE.15 RESOLUTION 9383 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING THE CO -DESIGNATION BY MIAMI-DADE COUNTY ("COUNTY"), PURSUANT TO COUNTY RESOLUTION NO. R-628-93, THAT PORTION WITHIN THE CITY OF MIAMI'S LIMITS OF SOUTHWEST 9 STREET FROM SOUTHWEST 17 AVENUE TO SOUTHWEST 22 AVENUE AS "2506 BRIGADE WAY"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS ENACTMENT NUMBER: R-21-0301 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: RE.15 is a co -designation of9th Street to 2506 Brigade Way. Is there a motion on this item? Commissioner Carollo: Move it. Commissioner Reyes: Second. City ofMiami Page 163 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner Reyes. Is there anyone here who'd like speak on this item from the public? Seeing none, I'll close public comment. Any further discussion? Commissioner Carollo: Unanimous co-sponsorship. Vice Chair Russell: Unanimous co-sponsorship? Commissioner Reyes: That's right. Vice Chair Russell: Gladly. All in favor, say "aye." Commissioner Carollo: (INAUDIBLE). Vice Chair Russell: That's correct. Commissioner Reyes: (INAUDIBLE). Vice Chair Russell: It's not getting captured on the microphone, but the street does go between two districts, but you have unanimous co-sponsorship of this Commission. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thanks very much. City ofMiami Page 164 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 RE.16 RESOLUTION 9336 Department of Solid Waste A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROPRIATING REIMBURSEMENT GRANT FUNDS FROM THE STATE OF FLORIDA'S DIVISION OF THE EMERGENCY MANAGEMENT ("STATE") ADMINISTERING FEDERAL FUNDS ON BEHALF OF THE UNITED STATES FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") IN THE INCREASED AMOUNT OF THREE HUNDRED NINETY ONE THOUSAND FIVE HUNDRED TWO DOLLARS AND THIRTEEN CENTS ($391,502.13) FOR A TOTAL NOT TO EXCEED AMOUNT OF SEVEN HUNDRED SEVEN THOUSAND THREE HUNDRED SIXTY TWO DOLLARS AND TWENTY EIGHT CENTS ($707,362.28) ("GRANT"); FURTHER APPROPRIATING THE CITY OF MIAMI'S ("CITY") MATCHING FUNDS IN THE AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY FIVE THOUSAND SEVEN HUNDRED EIGHTY SEVEN DOLLARS AND FORTY TWO CENTS ($235,787.42) ("CITY MATCH"), BOTH TO FUND THE COST OF RETROFITTING THE CITY'S SOLID WASTE DEPARTMENTS BUILDING ASSOCIATED WITH MULTI -YEAR CAPITAL PLAN PROJECT NO. 40-B183902 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT ("GRANT AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND THE STATE ON BEHALF OF FEMA AND TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS TO SAID GRANT AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO INSTITUTE THE ACCEPTANCE, IMPLEMENTATION, AND ADMINISTRATION OF SAID GRANT AND THE CITY MATCH FOR THE PROJECT. ENACTMENT NUMBER: R-21-0323 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: RE.16, accepting reimbursement grant, retrofit Solid Waste Department building. Is there a motion? Commissioner Reyes: Move it. Vice Chair Russell: Moved by Commissioner Reyes. Commissioner Watson: Second. Vice Chair Russell: Second by the Chair. Any further discussion? All in favor, say ave. " The Commission (Collectively): Aye. City ofMiami Page 165 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Motion passes on RE.16. END OF RESOLUTIONS City ofMiami Page 166 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 9227 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", BY ADDING SECTION 2-895, TITLED "CONTINUANCES/DEFERRALS BY CITY BOARDS", TO PROVIDE FOR REASONABLE LIMITATIONS ON CONTINUANCES AND DEFERRALS OF ITEMS BY CITY BOARDS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14012 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Diaz de Ia Portilla, Carollo, Reyes, Watson NAYS: Russell Note for the Record: For additional minutes referencing Item SR.1, please see "Public Comments for all Item(s)." Vice Chair Russell: So, if SR.1 through SR.3, FR.1, FR.3, and FR.4. Would Madam City Attorney or Mr. Min be happy to read all of those into the record. Victoria Mendez (City Attorney): So, before for SR.1 -- is SR.1 still on the table? Vice Chair Russell: Well, it is at the moment, but it sure has gotten a lot of opposition. Ms. Mendez: I've just got a question. Right. So, I wouldn't -- I wouldn't want to -- Vice Chair Russell: Have to read it all ifvou don't have it. Ms. Mendez: Right. Vice Chair Russell: All right. Let's -- Ms. Mendez: Right. So, just a -- a question. Is there -- is -- is there -- Vice Chair Russell: Let me hear it. Ms. Mendez: Okay. Good. Vice Chair Russell: Is there a willingness to take up SR.1? Is there a motion on SR. 1 in the face of all the opposition we've heard about it? Commissioner Watson: I move to defer it. City ofMiami Page 167 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Move to defer. What date would you like, sir? Commissioner Diaz de la Portilla: Which one? Commissioner Watson: SR.1 is the -- Commissioner Diaz de la Portilla: SR.1 Vice Chair Russell: -- the ability for boards -- Commissioner Watson: Second meeting in September. Commissioner Diaz de la Portilla: I'll sec -- I'll second that. Vice Chair Russell: September 23rd. Okay. So, it's a motion to defer SR.1 to September 23rd, moved by Commissioner Watson. Second by Commissioner Diaz de la Portilla. Commissioner Carollo: (INAUDIBLE). Vice Chair Russell: This is the one about the boards being able to indefinitely defer things without a date -- without a deadline. It's a request to defer. Commissioner Watson: I'm -- Commissioner Carollo: (INAUDIBLE) -- I'd rather we (INAUDIBLE). Commissioner Watson: Well, if -- if we can. I think the issue for us, whether it's for one person, two persons, directed or not, I'm almost never going to be in favor of shutting the public down from saying whatever they want to say. We get a chance to say a lot, and 1 know it's a difference, but, you know, we asked them to serve, so to shut them down just because somebody don't like them or like what they're talking about -- so, if you want to move to get it done today -- Commissioner Carollo: (INAUDIBLE). Thank you. Commissioner Watson: Well, this is the -- this is the 60-day rule thing -- Vice Chair Russell: Yeah. Commissioner Carollo: 60 days. Commissioner Watson: -- that -- that I would say at this point of the year and -- Commissioner Carollo: But maybe -- and this is why I thought maybe we could discuss it just a little bit more. Commissioner Watson: So -- so let's discuss it. Commissioner Carollo: We -- we could do -- Commissioner Watson: I -- I'll withdraw my motion. Commissioner Carollo: No, no. We -- we could do -- Commissioner Watson: Can I do that? City ofMiami Page 168 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: Okay. Thank you. Commissioner Watson: Mr. Hannon? Okay. So, yes, let's talk. Commissioner Carollo: Let's say we do 60 days, and then it could be another 30 days, 90 with a four -fifth, and then 120 days, another 30, unanimous vote. So, they get, if need be, up to 120 days -- four months. Now, it's a long time to deal with anything for people to be able to discuss. Because my -- my concern is that if for any reason, there are some board members that might have a majority that they know that something that they don't want to do, or should I say, that they don't want to pass could have an opportunity to pass this board, they could leave it and keep it hostage, you know, Jro-- forever. And that's my concern. It's -- it's, you know, I -- I'll respect what you would like to do, but I'm just suggesting this is a possibility that we could give more time, but deal with it if we can. Vice Chair Russell: Madam City Attorney, quick question. There is a rule within the Code having to do with how long we're able to defer an item, even, once it's been placed on an agenda and -- and addressed by the Commission. Isn't it one year? Commissioner Watson: No. Ms. Mendez: No. I believe you're referring to first reading and when there's a first reading and how long after a first reading, that one? That one is -- I believe it's 18 months from first reading. But first reading is, we read it into the record, you voted on it, and all that. Vice Chair Russell: Right. But meaning -- Ms. Mendez: So, it has to be -- between first and second can be no longer than 18 months. Vice Chair Russell: And -- and what's the spirit of that rule? That we take the business up and get it done, and if we don't within a year and -a -half that -- what happens? It -- it then is -- Ms. Mendez: Well, it's -- it's just because everything has to do with property rights and so that it's not, you know, hijacked. Vice Chair Russell: Right, but that -- the -- the intentions. So, what happens after the 18 months if we don't go to second reading? Ms. Mendez: It has to go back to PZAB (Planning, Zoning and Appeals Board) to then be heard -- be brought back and heard -- Vice Chair Russell: So, it loses its first reading approval if it's not voted on again within 18 months? Ms. Mendez: Yeah. Right. Vice Chair Russell: So, the spirit of the Code currently is saying 18 months is the drop deadline for us to take action once we started up a business. Otherwise, we are hijacking a process or leaving something in limbo. So, I'd -- I'd -- I'd forgotten that it was 18 months. I thought it was one year. So, I mean, to me, that's where I'd be comfortable on it. Because I do recognize the need for them to defer it a few times here or there. I do want them to vote on it, but I think 60 days is -- is just too -- it's - City ofMiami Page 169 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 - it's asking too much of the board and it's actually taking it out of their hands when they're -- when they're maybe going through a process to deliberate. Commissioner Carollo: But -- Ms. Mendez: So, the 120 days doesn't work? I mean, that's a -- that's a good amount of time. Commissioner Carollo: Can a developer, in this era, compromise from 120 days. Vice Chair Russell: Yeah. I --1-- it -- it's -- Ms. Mendez: And you don't have to add all the other stuff just 120 days. Vice Chair Russell: This is the -- this is one of those issues that -- that, you know, I - - I had something in my mind in a potential compromise, and then the public shows up. And it wasn't just one person or two on it. People on various items from various walks of our -- our work, and both of my appointees from boards -- under boards came in -- in total opposition. And, you know, I have to listen to that. I -- I'm not in favor of it as it is, and probably not even at 120 days. That was my original compromise. For me, I want to give them a wider berth, but it's not infinity. And -- Commissioner Reyes: How about 180? Six months? Vice Chair Russell: Six months? Commissioner Reyes: If we have to. I mean, Mr. Chair, we have -- we have to have - - we have to set some time. There cannot be -- there's -- any of the issues cannot be lingering, I mean, until everybody gets in agreement, or they don't get in agreement or whatever. We have to set some time. I'm saying -- with a time limit. If nothing happens within the time limit, well, you start the process all over, you see? You know what I mean? But 1 do understand, and 1 hear you loud and clear. We have people that -- they were members of -- there were board members that came here in opposition. But you have to understand, also, that they feel -- and I don't think that they're right, that we are taking authority away from them. And we're not. We're just saving that, listen, you have certain time in order to finalize this problem. Instead of being dragging on, dragging on. We're not taking any -- any -- any -- it's my opinion. 1 might be wrong, but I don't see it like that. They saw it like that, you see. But 1 don 't see it like that. Commissioner Watson: Well, Mr. Chair, I think -- I went back and looked at a number of kind of consternation issues in PZAB, right? And invariably, most folks that spoke was correct. I mean, when proposers were not inclined to engage the community the way they should, they've taken on the stance of being front line and thinking our appointees, they were protecting us, okay? So -- so why don't -- why don't we split the baby, if you will, and do a graduated schedule, like Commissioner Carollo offered? A graduated schedule at nine months. I mean, if they can't -- they can't do it in nine months, maybe it should be brought here to see if we decide. So, we could do it that way. I don't remember exactly how he proffered it up, but, you know, that's -- that's the thing. Commissioner Reyes: If -- if -- if I am not correct here, we can do it -- Mr. Chair, let me -- let me finish a minute. You see, if there is -- if there is a developer or there is - - that they cannot get together, they don't want to meet with the people, we shouldn't bother. Bring it here. We vote it -- we vote against it and on -- the premises that they don't want -- because the first thing that we as a -- as a Commission, we always demand from everybody is, meet with the people. You have to have community City ofMiami Page 170 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 support for this project. That's -- that is a requisite that we all demand in every single project, in every single district, see. Now, if we have -- there is a developer that cannot or doesn't want to meet and reach agreement with the people, if they come here, we're going to vote against him or her. I mean, that's the way I feel. But what -- what I don 't want to see is, I mean, trying the same thing over and over and over and over without finalizing, you see. Having some -- some -- some -- giving some end to the -- and somebody else can come and -- and -- and -- and try to, I mean, get that -- that project to fruition. Then if there's somebody else that wants to do the project, you see -- you understand what I'm saying? There has to be some finality. Ms. Mendez: Six months is a great idea. Commissioner Reyes: Huh? Ms. Mendez: Six months. Arthur Noriega (City Manager): Mr. Chair, if I may, I think that if, in six months, this issue has not been resolved and maybe they feel like the -- they -- the proposer has not done what they need to do relative to getting public input, right, or buy -in, then they have every right to just vote no. Commissioner Reyes: That's right. Vice Chair Russell: Right, and reject it. And then with -- with a report, and then send it to the Commission. Commissioner Carollo: Okay. Look, I would be willing to go with the six months, but in the following way. They get three months, then if they want to go beyond three months, they need a four -fifth for another 45 days. And if they need additional time beyond the three months and 45 days, then they have to have a unanimous vote to get another 45 days that will get you to the six months. Ms. Mendez: Commissioner, really, six months is great, and you don't have to do all that sliding scale. At -- at least you have the finality. Commissioner Reyes: Finality. Ms. Mendez: It's just a finality. Commissioner Carollo: Why -- why can't I provide a Chinese menu of Jungle Island? Eddy Leal (Mayor's Chief of Staff): If you pay upfront you get a discount. Vice Chair Russell: Mr. Leal, you're representing the Mayor? Mr. Leal.. In this matter, I do, but I would like to address it for -- from my perspective. Vice Chair Russell: Who are you representing? Mr. Leal: Myself as a resident of the City. Vice Chair Russell: Oh, public comment? You have two minutes. Mr. Leal: Yes. City ofMiami Page 171 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Okay. Mr. Leal: May I? Vice Chair Russell: Yes. Commissioner Carollo: Two and -- two and -a -half Vice Chair Russell: No, I -- I -- the only reason 1 ask is, this is the Mayor's item. Mr. Leal: It is. Vice Chair Russell: And you rec -- you usually come here speaking on behalf of the Mayor on his items. Mr. Leal: I'll speak on my own behalf. Vice Chair Russell: Okay. Mr. Leal: I've heard the conversation. I was also influenced by the public comment that we heard from multiple of our residents. And I think the issue that the Commission faces here is -- it's really -- it's intertwined between finality for projects to get an up-and-down vote, and also for residents to get an opportunity to be heard in a duly noticed public meeting. As someone that came to the City that way, that meant a lot. So, we're -- we're -- we're dealing with a delicate -- as -- as we look at Miami 21 as a -- the -- the Commission or the committee is reviewing this, I would propose -- I would -- I would encourage a -- a very brief deferment on this issue to get the facts, because what I'm always concerned is that we -- we legislate on outliers. I know that the impetus of some of this legislation, it seems from what we heard in public comment, is perhaps individual projects that were perhaps -- not to use any loaded terms, but were perhaps kind of monopolized by that hoard in control. Maybe for good reasons, maybe for bad reasons. We don't really know, and I'm not here to opine on that. But I think if we could get our Planning Department now in the August break -- I know they have a lot of work ahead of them, but to give us, really, a timeline of how much it really takes for different projects. Meaning SAP (Special Area Plan), this is how it typically takes for projects of this magnitude. Kind of give us a criteria and give us how long it takes, and I think having that information would be helpful Jroyou, Commissioners, to have a -- a decision. Yes, we can all here kind of barter back -and forth whether six months or 30 days or 90 days is sufficient. But I would -- I would definitely want my elected officials to have the data points. Let's use -- let's -- let's get our Planning Department to help us -- kind of guide us on how long a project really takes, and then have an informed decision on, okay, if we want to get some finality, which is -- I'm hearing Commissioner Carollo and Commissioner Reyes on, at some point you 're going to have to vote one way or the other. We understand. But before we put a timeline, let -- let's -- let's get to a -- a -- the data points that can inform us on what would be a reasonable approach that, at some point, you have to vote up and down the project. That -- that would be my -- my request. And I just emphasize that's why it's -- it's so delicate of -- of an issue and that's why we heard public comments so passionate. Because it really does deal with what Commissioner Watson is talking about. You want to have your elected official listen to you. And sometimes, Commissioner, as someone that, you know, has appeared a few times on PZAB, sometimes it's not maybe properly noticed. So, you know, you don't really -- the community doesn't know yet, so it takes another 30, maybe another 60, to really get that voice to come in. And then by that point, it can't be deferred any more or might be limited. So, that would be my -- City of Miami Page 172 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Ms. Mendez: Notice -- notice does not count here. Mr. Leal: No -- no -- Ms. Mendez: This is -- this is their -- they listen to an item that's properly before them and they choose to hijack it. That -- that is totally different than a notice issue, than a not enough information issue, like, nothing was given to them, that they didn't have -- so, I -- I get it. I -- I thought six months was a great compromise. But it's -- it's all policy. Just remember, these things end up in court. It's happened at least three times in my 17 years here. Mr. Leal: And the reason -- the reason -- Ms. Mendez: And we have a very powerful PZAB right now. They are -- they are a force of nature. Mr. Leal: And -- and -- Ms. Mendez: And these are the ones -- these are the ones, right here, that make the decisions. Mr. Leal: And I think on one of our public comments, it was a very good observation that if you want to rein in, for lack of better term, the PZAB, you all hold the power to change the composition of that board. So, maybe dealing with the timing of it is not necessarily the best solution, because you can still inform the PZAB -- because you could select its member, and you could have those conversations with those members and those expectations. Commissioner? Commissioner Reyes: Yes, sir. What I -- what I've heard all along during the -- the comment is that if we have a developer that doesn't want to meet or haven't been able to engage the community or -- because they don't want to engage the community, you see, that according to the -- the members of -- PZAB members, is that, well, we need to give them time to do that. I don't think personally -- personally, you know what? If you are the developer and if want any change in zoning or any benefits, and you don't work with the community, you don't deserve to be approved and you don't deserve any time. That is my -- my -- that's my personal view, you see, because community comes first. Mr. Leal: I -- you -- you and I know that I -- I completely agree with the words that you're saying. Commissioner Reyes: That's right. Mr. Leal: And I think that the way that our system is -- is built is that, given that our agendas -- the Commission's agenda is extensive, and it covers not only Planning and Zoning items, but also covers marinas, things for the Charter, and sometimes it's very difficult to be able to have a robust discussion. And sometimes -- we all have been here, you're here until really late at night for any discussion on some items that you really have to be dedicated. So, my thought is get the data points, and then once you have the data points, make an informed decision. Because right now, we're -- we're basing it on some outliers that we know. Vice Chair Russell: All right. Mr. Leal is making a motion for a deferral. Madam City Attorney is making a motion for six months. Mr. Leal: With -- with the direction -- City ofMiami Page 173 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: A lot of Commissioners -- we have a lot of Commissioners here today -- Mr. Leal: With -- with the direction that we get the data points. Vice Chair Russell: -- a lot of policy, makers. Mr. Leal: It's one extension, Victoria -- it's one extension. Ms. Mendez: It's fine, I -- I -- Mr. Leal: Well, let me finish. Ms. Mendez: No, no, that's fine. Vice Chair Russell: Eddy Leal has used up more than his two and -a -half minutes. I think he needs to sit. Mr. Leal: I'm getting beat up by everybody. Vice Chair Russell: Thank you. No, I appreciate your input. Mr. Leal: You know, and thanks for listening -- Ms. Mendez: Mr. Chair? Mr. Leal: Thank you for listening. Vice Chair Russell: We -- we have -- a Commissioner is -- is recognized. Commissioner Diaz de la Portilla: Thank you. And I don't want to go hack and forth on different possible formulas, but I have a suggestion. You know, why don 't we meet somewhere in the middle? Why don 't we -- we're not going to defer. If we're going to defer I'm okay with deferring and waiting until September 13th, at the end of the day. But if we're not going to defer, how about sort of like, you know, 60 days; a super -majority, 120 days; and a unanimous vote by the board, it's six months. And that's somewhere in the middle. Commissioner Carollo: I said that already. Commissioner Diaz de la Portilla: Right. I know, 1 know, but -- Commissioner Reyes: Yes, yes, but -- but -- but -- Commissioner Diaz de la Portilla: But I -- but are you going to say -- you kind of convoluted, the way you said it sometime, so I'm trying -- I'm -- I'm trying to make it a more succinct -- Commissioner Reyes: No -- no, let me -- Commissioner Diaz de la Portilla: -- you said it in a convoluted way. Commissioner Reyes: In -- in all, I mean -- Commissioner Diaz de la Portilla: Let me finish -- let me finish. I'm almost -- it's going to be fast. But I'm okay with a deferral. But I do think that there's a sense City ofMiami Page 174 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 that we need a sense offinality, and there are some outliers, as you call them -- some projects that has been lingering for three -- for -- for three years, right? And for months and months and months, and these -- it's not fair. Number 1, board members are not elected; they're appointed. We're ultimately the ones that are accountable. We're the elect -- the duly elected officials. They come -- it comes to us, and we pay the consequences or not at the ballot box. So, these board members have got an extreme amount of power that is not the public. The public can come here and testify. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: It's the board members. And many times, through their own arrogance and their own self -interests sometimes, they make their own decisions. So, we're not denying the public the right to participate by limiting the amount of time a board has to make a decision and move it on to us. We're just denying some of those members who are exploiting their -- their position for their own self-interest. And that's the way I see it. Again, there all kinds of examples. We get to appoint these people, right? We can remove them. They're not accountable because they're not elected. We're the ones that are accountable. So, it cannot sit on a board -- on a unelected board for months and months and years sometimes. So, your argument, Commissioner Russell, that we're denying the people a right to speak or to present their point of view, they don't have to go to PZAB Board or any other hoard. They can come to us, and we make the decision. And if they don't like our decision, well, they vote against it on election day. Vice Chair Russell: Well, that's what I did say. I do want them to come to us. But I think what you're thinking about is the worst -case scenario. Commissioner Diaz de la Portilla: I'm thinking of an example that actually existed. Vice Chair Russell: Sure. And -- Commissioner Diaz de la Portilla: And so, what -- and -- and I'm -- Vice Chair Russell: Sure. And -- and -- and -- Commissioner Diaz de la Portilla: What happens with that is that those examples -- we can have another example. We can go through a list of examples, and we can have, as Mr. Leal said, the data points and we could list all the examples. But 1 will tell you some of these boards are acting with impunity and are acting out of their own personal political alliances or interests. And that's very clear. And to deny that is to close your eyes to the reality. And it's not in favor of any developer or any -- anyone in particular. It's in favor of the people of Miami that want to have finality on the projects that are proposed up or down. Commissioner Carollo: I'm sorry, Commissioner. I -- I didn't quite hear that last one you were saying about the boards. Can you repeat that? Commissioner Diaz de la Portilla: That the boards are acting with impunity and making their own decisions, sometimes for their own self-interest, correct? And they're not accountable because they're not -- they're not elected. We are. So, ultimately -- Commissioner Carollo: Right. City ofMiami Page 175 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Diaz de la Fonda- -- they -- they don't get to pick what's going to happen. In fact -- in fact, it had -- one of them had a proposal here to kind of bypass us, if 1 remember correctly -- to bypass the elected -- the elected officials. Commissioner Carollo: Maybe -- maybe you, but not us. Commissioner Diaz de la Portilla: No, nobody bypasses me. You know that. You're -- you're full -- I -- I think you've learned that -- you've learned that in the last couple of months, but what's important here -- Commissioner Carollo: So, anyway, let me do the following. I'm -- I'm going to make a -- a motion. No hard feelings. Anyone can vote whichever way they want. Just -- you know, I just feel this way. I'm going to make the motion for the three months. If they get a four -fifth, they could extend it to 45 days. And if they need an additional 45 days, they got to have a unanimous vote. Commissioner Diaz de la Portilla: Well, three months is 90 days. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: So, they can extend it for an additional 45. Commissioner Carollo: No. Commissioner Diaz de la Portilla: That makes sense. Commissioner Carollo: No -- no. Commissioner Diaz de la Portilla: Huh-uh. Commissioner Carollo: Three months. Commissioner Diaz de la Portilla: 90 days. Commissioner Carollo: 45 and 45. Commissioner Diaz de la Portilla: That's fine. Commissioner Carollo: And then we're there. 1 -- 1--1 know you didn't major in mathematics. Commissioner Diaz de la Portilla: 1 didn't, actually. Commissioner Carollo: It was politics, I heard? Commissioner Diaz de la Portilla: No, philosophy. Commissioner Carollo: Okay. Well -- Commissioner Diaz de la Portilla: And politics. Commissioner Carollo: Okay. A philosopher. Boy. Commissioner Diaz de la Portilla: Yeah. We're talk about it one day. Commissioner Carollo: You -- you impress me. You impress me. Anyway, three months. Then if they need additional time, 45 days with a four -fifth. And after the City ofMiami Page 176 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 45 days, if they need additional time, they have to have a unanimous vote for the last 45 days, which will make it to six months. Commissioner Diaz de la Portilla: Right -- right. So, that's -- so that's -- Commissioner Carollo: Give -- give or take a day or two. Commissioner Diaz de la Portilla: But -- but -- instead oj'jour-fifths, it'll be a super majority, right? Because -- yeah. Ms. Mendez: So, I -- I need to ask a question. Four -fifths of those present -- 'bur - fifths of those present -- Commissioner Diaz de la Portilla: Right. Super majority. Ms. Mendez: -- or -- or super majority of the board? Because that is going to be -- you may not ever get that. Commissioner Diaz de la Portilla: I got -- I got you in the math, the difference. Commissioner Carollo: No. Commissioner Diaz de la Portilla: Super majority of the board? Commissioner Carollo: If we need -- if we need to spell out what it is, then -- Commissioner Diaz de la Portilla: It's super majority of -- of the whole board. Commissioner Carollo: A super majority is basically a four -fifth. Commissioner Diaz de la Portilla: Of -- of -- of the whole hoard, not of the members present. Vice Chair Russell: It should be of the present. Ms. Mendez: Right. Because sometimes you don't have people -- Commissioner Diaz de la Portilla: There's a big difference. Commissioner Carollo: When -- when you don't spell it out -- Commissioner Diaz de la Portilla: Well, I'm trying to. Commissioner Carollo: -- that's what it means. Commissioner Diaz de la Portilla: I'm trying. Commissioner Carollo: But, you know the -- Commissioner Diaz de la Portilla: But -- but I think what we should do is -- Commissioner Carollo: -- the City Attorney wants to -- Commissioner Diaz de la Portilla: Right. Commissioner Carollo: -- mess up what I'm trying to do. City ofMiami Page 177 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Diaz de la Portilla: So -- so let's do -- Ms. Mendez: No, 1 just want to write it down correctly because then you guys get mad at me when I don't. Commissioner Diaz de la Portilla: Well, a super majority, right, is of -- of the whole board. That makes it harder for them to take it to 45 -- the additional 45. Vice Chair Russell: Why do we want to make it harder? Commissioner Diaz de la Portilla: Because we want -- Vice Chair Russell: That's the intention. Commissioner Diaz de la Portilla: That's what I want, to make it harder -- Vice Chair Russell: I would -- before we vote on this, I'd like to make the counterpoint. Commissioner Diaz de la Portilla: -- but it doesn 't matter to me if it's of -- of those present. Vice Chair Russell: So -- so, Commissioner Diaz de la Portilla talked about the worst -case scenario, where an item's being held hostage. Madam City Attorney referred to the same thing. What about the other end of the spectrum, where they are trying to get the diligence to find more information that helps them make a deeper decision. I really do believe in powering boards that are there to serve and dig deeper -- deeper than we have the time, sometimes, to dig because this is their only mission. Planning and Zoning is their mission. We have so much to cover on our dais. They're willing to do the hard work, and if it's done in good, earnest, good - faith effort, I don't want to cut them off at the knees when they're on a fact-finding mission. Let's say there's a traffic study that's going to take more than the six months to do. And they say, we want to defer it, and we've now tied their hands. Maybe there's a charette going on. There are things that we haven't maybe contemplated because we 're thinking of the worst -case scenario, where you've got an activist board that's trying to -- we're good -- we're good, Eddy. Thank you. Where -- where you've got an activist board that's trying to hijack an item. Now, you may have activist members on a board -- people who are very passionate that serve on these boards, and they will use whatever tool is at their disposal to tank an item if they believe against it. And it does happen. That's -- it is legal. Commissioner Carollo: I'm sorry. Did we hear from the young lady up here or -- well -- Vice Chair Russell: Not yet. We will. Commissioner Diaz de la Portilla: Well, can I -- Mr. Chair, can I second -- can I second Commissioner Carollo's motion? Vice Chair Russell: Is that a motion for your item? Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: Yes, it's a motion. Vice Chair Russell: Seconded by Commissioner Diaz de la Portilla. City ofMiami Page 178 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Diaz de la Portilla: Thank you. Vice Chair Russell: So, I'm just saying why I have discomfort. Commissioner Tapanes, how would you vote? Commissioner Diaz de la Portilla: Oh, Commissioner Tapanes. Melissa Tapanes-Llahues: Thank you. Commissioner Diaz de la Portilla: So, we have a seven -member commission now. Commissioner Mendez -- Vice Chair Russell: We're up to eight now -- we're up to eight. Commissioner Diaz de la Portilla: -- Commissioner Tapanes, Commissioner Noriega. Vice Chair Russell: You're recognized, please. Ms. Tapanes-Llahues: Thank you, Mr. Chair. Melissa Tapanes, 200 South Biscayne Boulevard, Miami. Just wanted to mention, I have the pleasure of representing SPV Realty. We are the third law firm that is representing the developer of that -- what formerly is known as the Eastside Ridge Special Area Plan. We have revamped and re -invigorated that entire special area plan. We were before the Planning and Zoning Appeals Board last month. It was deferred jroan additional three months. And what I want to share with you is -- I think the comments made today by many of the neighbors that spoke and of -- one of the Planning and Zoning Board members, right? He used words like bad actor, that we'd never met with the neighbors. None of that is true. And that goes to the bias of some of these Planning and Zoning Board members. When someone comes to the City Commission and makes those kinds of public statements, that's pretty harsh. And that goes to kind of what we felt going before the Planning, Zoning, and Appeals Board last month with an entirely new project, new development agreement, new traffic studv, numerous meetings with community members, and we did not have the opportunity to present. Instead, neighbors spoke for about two hours, telling us that they wanted to defer the item. So, there is a balance of interest, and I want to speak, as Mr. Leal did, for myself Although I do serve as a chairwoman of the Miami 21 Task Force -- Commissioner Watson: And therein lies the problem. Ms. Tapanes-Llahues: And what I -- Commissioner Watson: Sony, Mr. Chair. Ms. Tapanes-Llahues: And what I'd like to say is that it requires a actual process. That is all Miami 21 requires, a process. And I think what is being asked here, whether it's 60 days, 30 days, 120 days -- whatever it may be, that's a policy decision. What I would say that what the public requires is just some assurances of a process. Because if you defer things for six months, a year, three years, as many of these items happen, it loses its actual -- the date of these analysis. The neighbors forget when the hearings are. It really just loses the whole purpose of process. So, I would think that -- I would encourage the Commission to just come up with a policy, and the Miami 21 Task Force will recommend process. That is what I think is necessary to Article 7 of Miami 21: people knowing what to anticipate, and I think that's what would be fair. And if there is a community engagement process that's required, that something that we've discussed as part of the task force requiring community engagement, a number of meetings, et cetera. As we do do as charettes, City ofMiami Page 179 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 et cetera, that is what should be part of a process. And 1 think anybody would agree with that. But 1 think developers, whoever they are, good actors, bad actors, they need to know what's expected of them to do business in the City of Miami, and 1 think that a timeline would he helpful. And I should note that I had nothing to do with this legislation, and Mr. Leal could -- could confirm that. I'm just sitting here watching this tran -- Vice Chair Russell: Thank you. But I did not realize that there was an actual application going through at PZAB that this does affect. In a sense, you feel -- Commissioner Watson: Of course. Vice Chair Russell: -- either held hostage or the client you represent, you feel that they are -- the can is getting kicked on them down the road on purpose, which is delaying their application. Ms. Tapanes-Llahues: Well, that is -- that is what the members and the neighbors said. They're doing it to -- for whatever reason, more community engagement. If there was a number of meetings, whatev -- I can tell you they have dozens of meetings. With who? Tell us who. Vice Chair Russell: This is about a specific item, and we're about to change the whole code to create this new process. Ms. Tapanes-Llahues: I don't know if it's about a specific item because again, I had nothing to do with it, but -- Vice Chair Russell: But you're experiencing it now. Your client is experiencing it. Ms. Tapanes-Llahues: I think we -- I think we've had numerous folks, as the City Attorney mentioned, that have experienced this. Vice Chair Russell: Yeah. I just -- personally, I'd prefer deferral on this one just because it is second reading already. There are facts we don't know about, applicants that are going through the process right now, and why those deferrals have been requested. Because 1 haven 't followed, but 1'm happy to learn. Commissioner Watson: And the -- and the balancing -- Vice Chair Russell: But for lack of a deferral, I'd be a no vote. Commissioner Watson: And the balancing fact of this should be noted, is that a lot of these issues that come about as created by Miami 21 that we now have taken ten years to bring attention to change, revise -- ten years. And so, you know, time frame notwithstanding, we can make a schedule for people to make that decision who serve on the boards. That's fair, as well. But just note our processes sometimes, too, causes other actions and reactions from our residents. So -- and we're not at -- and that report now has been deferred a couple times, not going to come back to us until October. And none of us had anything to do with that. None of us -- none had anything to do that. And yet, now, we're strapped with that. Should've been revised five years after -- this would have been `17, and then five years after that. And so, we're strapped now with somebody else's decision. Ten years, we haven't revised our own process, and so that's why you saw the line of people that way we did. Vice Chair Russell: Got it. So, there is a motion in a second for the 60, 45, 45 method that you're looking for. I'd prefer to see a deferral or I'm a no vote on this. What's the will of this Commission? City ofMiami Page 180 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Diaz de la Portilla: Take a vote. Let's call the question. Vice Chair Russell: Any further discussion? Todd B. Hannon (City Clerk): Chair? Vice Chair Russell: Yes, sir? Mr. Hannon: Title? Vice Chair Russell: Can you read it into the record, please? The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: As amended. Vice Chair Russell: Question. If they get to their full six months and they're wanting a further deferral for whatever reason, they can't have it at that point if this passes, correct? What will be reflected as it comes to City Commission in the Planning Zoning Appeals Board opinion? Would it be just a no vote if they don't take an action? Ms. Mendez: It's -- it's -- Commissioner Carollo: No. It'd be, they didn 't make a decision or a recommendation. Ms. Mendez: No, it's a denial -- it's considered a denial. Vice Chair Russell: So, it -- it will be a no vote? Ms. Mendez: It will be considered a denial because unfortunately, in pursuant to state statutes, they -- PZAB is the LPA, the Land Planning Agency, and they have to opine on the matter. So, if they choose not to deal with it -- Vice Chair Russell: If they don't opine, it's a default no. Ms. Mendez.: -- it will be a denial. Vice Chair Russell: It's a default no. Ms. Mendez: It -- it will be a denial because they didn 't tell you what they wanted. Commissioner Reyes: Question. And the -- the -- I mean, the person or the -- or the developer that -- that -- that presented the case to (INAUDIBLE), can they do it again, then? They can restart the process? Ms. Mendez: Based on the deni -- the -- when it -- if it comes here as the denial -- Commissioner Reyes: If it was denial, it is final. They cannot -- okay. Then we make the decision based on what we believe. Ms. Mendez: Right. And then you're going to know exactly what happened. Commissioner Diaz de la Portilla: But that's what we've been doing -- City ofMiami Page 181 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Ms. Mendez: Right. Commissioner Reyes: -- basically, right? Ms. Mendez: You -- you will know exactly how upset they were if they kept on -- Commissioner Reyes: Okay. Ms. Mendez: -- continuing it. Vice Chair Russell: Right. So -- understood. I see where everybody is. Just for the record, I believe that six months may not be enough. And there may be cases where it wouldn't warrant more, and in good diligence, not on the activist side or the holding hostage side, but in their efforts to learn more about the project to make a valid decision, they would want more time, and we 're taking that away from them. Commissioner Reyes: Well, we can. -- Vice Chair Russell: So, I'm a -- I'm a no vote, but I understand. Commissioner Reyes: But we -- we can -- we can -- if it doesn't work, we can modify. It is in our power to modify it and say, okay, if -- if there is -- there is convincing argument that it is not working or it being a -- being a hindrance, the -- I mean, they can come to us and say, listen, we cannot do that, and maybe we can extend it or we can rescind it. Vice Chair Russell: Yeah. I mean -- and they were talking on the big ones, SAPs and -- Commissioner Reyes: That's right. That's -- that's -- Vice Chair Russell: It's another alteration we could 've proffered is that the smaller ones, they -- they roll through. But big items that take a lot of diligence, you know, we want our PZAB to have a good crack at it. Commissioner Reyes: But -- but at least we -- we -- if they come in and -- my opinion would be, they come in and say, listen, this is too much -- too big of a project for us to do it within the time limit, you see, it is our -- we can modify. We can -- we can take action on it, extend it or -- or -- in that particular case. Vice Chair Russell: All right. Any further discussion? All in favor of the item as amended, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? No. Ms. Mendez: Okay. As amended? Vice Chair Russell: Yes. Motion passes, 4-1. Thank you. That is SR.1. Commissioner Reyes: Okay. City ofMiami Page 182 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 SR.2 ORDINANCE Second Reading 9212 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/STHS) AFFIRMATIVE VOTE, AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS", BY CREATING ARTICLE VI, TITLED "MASSAGE ESTABLISHMENTS", AND REGULATING THE OPERATION OF MASSAGE ESTABLISHMENTS LOCATED IN THE CITY OF MIAMI; MORE PARTICULARLY BY CREATING SECTION 31-100, TITLED "DEFINITIONS"; SECTION 31-101, TITLED "MASSAGE ESTABLISHMENTS — PROHIBITED PRACTICES"; SECTION 31-102, TITLED "PHYSICAL CONTACT"; SECTION 31- 103, TITLED "REMOVING CLOTHING"; SECTION 31-104, TITLED "PRESENCE OF LICENSED MASSEUR OR MASSEUSE REQUIRED"; SECTION 31-105, TITLED "PRESENCE OF PERSON IN CHARGE"; SECTION 31-106, TITLED "RESPONSIBILITY OF OWNER AND MANAGER"; SECTION 31-107, TITLED "HUMAN TRAFFICKING AWARENESS SIGNS AT ADULT ENTERTAINMENT, MASSAGE, AND BODYWORK SERVICES ESTABLISHMENTS"; SECTION 31-108, TITLED "WINDOW"; SECTION 31-109, TITLED "PENALTIES"; SECTION 31-110, TITLED "CUMULATIVE REMEDIES"; SECTION 31-111, TITLED "IMMUNITY"; AND SECTION 31-112, TITLED "SEVERABILITY OF ORDINANCE"; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14013 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Vice Chair Russell: SR.2 and SR.3, could you read them into the record, Barnaby, or Madam City Attorney. Victoria Mendez (City Attorney): Yes. The Chair wants Mr. Min to read all the titles. Vice Chair Russell: No -- no, I would like whoever would like to read the items into the record, read them to the record. Commissioner Reyes: He is the official reader. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chair. SR.2. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: SR.3. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. City ofMiami Page 183 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Go ahead and do the first reading items as well, please. They're FR.1, 3, and 4. Mr. Min: Yes, sir. FR.1. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: And I believe Commissioner Reyes does have a proposed amendment to that item. FR.3. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: FR.4. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Commissioner Reyes: Move it. Vice Chair Russell: Thank you. Is that a motion on the entire SR (Second Reading) and FR (First Reading) agenda? Commissioner Diaz de la Portilla: I will second that. Commissioner Watson: Let me just -- let me -- let me make sure I have on the record, FR.4. Vice Chair Russell: Yes, sir. What about it? Commissioner Watson: The map as a backup? Vice Chair Russell: All right, let me just get there. We've got a motion by Commissioner Reyes, and a second by Commissioner Diaz de la Portilla on SR.2 and 3, as well as FR.1, 3, and 4. Todd B. Hannon (City Clerk): And Chair, I will show you as a co-sponsor for FR.3? Vice Chair Russell: Yes, please. Mr. Hannon: Thank you. Vice Chair Russell: This is interesting. I look forward to seeing how this Wynwood pilot program for noise works because we're having noise issues, so -- Commissioner Reyes: That's right. Vice Chair Russell:: Yeah. I'm glad to sponsor that pilot program, as well. Commissioner Reyes: Okay. Vice Chair Russell: All right, Commissioner Watson, you needed to add something into the record? Commissioner Watson: Yeah. Just wanted to make sure the map is included. City ofMiami Page 184 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: On FR.4? Commissioner Watson: On FR.4. Vice Chair Russell: Is that an amendment or is that -- it's already there? Commissioner Watson: I just wanted to make sure it's there. Mr. Min: It is Exhibit 0 of the legislation, so it is part of the -- the ordinance. Commissioner Watson: All right. And -- and so there wasn't -- so there's no arnbi -- ambiguity to ensure that, regarding the church portion of this, it's just like with Liberty City and Little Haiti Special Districts. Mr. Min: That is a proposed amendment that you have asked us to make for a second reading which well incorporate when it comes back for a second reading. Commissioner Watson: Okay, -- okay. Thank you. Mr. Min: And Mr. Chair, if I may, I believe Commissioner Reyes has also requested an additional change to FR.1 when it comes back for second reading. Commissioner Reyes: That 'd be between -- between first and second. Mr. Min: Yes. And I believe the proposed change concerns the waiving ()flees for those establishments that are affected by the reconstruction along Flagler Street, and also requesting an amendment to the language concerning display of logos on the umbrellas in the public right-of-way for those establishments. Vice Chair Russell: What about that? Logos? Mr. Min: To allow logos on those umbrellas. Vice Chair Russell: Got it. Was it prohibited before? Mr. Min: It is currently prohibited in the right-of=way. So, that would require an amendment to allow for that type of -- Vice Chair Russell: Now, the other amendment with regard to Flagler, should that be captured in this ordinance, or should that be a separate resolution offering them relief? Mr. Min: There's a proposal that is -- because of the fees are charged by ordinance, you cannot waive them by resolution. It does not necessarily need be codified, per se, but it doesn't need to be incorporated into the article. Commissioner Reyes: While construction is on. Vice Chair Russell.• I want to -- I -- I definitely want to help. I think that's a good -- Commissioner Reyes: Construction. Mr. Min: But we will incorporate it for a second reading to -- Commissioner Reyes: Second reading. Mr. Min: -- to ensure that it's there for it. City ofMiami Page 185 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: All right. Does the mover and seconder agree with those amendments? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: For clarification. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Question of the sponsor. The logos is advertising, basically. Commissioner Reyes: Yes, and I -- I -- for example, we -- DDA (Downtown Development Authority), we bought umbrellas, you know, trying to help them, and it said DDA -- yeah, Downtown Development Authority. Commissioner Diaz de la Portilla: Well, is this advertisement for the Downtown Development Authority, not fordifferent companies, right? Commissioner Reyes: That's right. I mean, and then that is forbidden. Commissioner Diaz de la Portilla: But it -- could it be for anyone? Is it -- is it an advertising for -- Vice Chair Russell: The restaurant name, if it's a restaurant. Commissioner Diaz de la Portilla: Do -- do they pay? Will they pay us for that? Coniniissioner Reyes: No. I mean, they buy it. It's theirs. Vice Chair Russell: They're -- they're paying us for the space. Commissioner Reyes: For the -- they're paying us for the space. Commissioner Diaz de la Portilla: But not for the advertisement? Commissioner Reyes: But not for the ad. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: For the -- so, a beer company wants to advertise on -- Commissioner Reyes: Well, that is -- Mr. Min: Off -site advertising is not allowed. Commissioner Diaz de la Portilla: It's not allowed because of the different — Commissioner Reyes: No off site advertising. Vice Chair Russell: Off -site advertising is not allowed. City ofMiami Page 186 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Diaz de la Portilla: Oh, I understand. Okay -- I understand. Okay. That was my ques -- Vice Chair Russell: Well, when you say off -- just to be clear, when -- when you say of:site, what do you mean? Commissioner Diaz de la Portilla: Other than the name of the place. Mr. Min: Right. It -- it has to be for the establishment that is -- Vice Chair Russell: Well, let's say the establishment uses exclusively Coca-Cola products, and Coca-Cola is providing them with all the umbrellas. This is a very standard thing you'd see in Paris or anywhere, the -- the Perrier umbrella that they get for free. Commissioner Diaz de la Portilla: Well, the -- that's -- that's why, I'm asking. Vice Chair Russell: They're not getting paid for it, but they're getting a free umbrella out of it. And -- and so I'm happy with that without any charge. Commissioner Reyes: But I -- I -- I -- personally -- personally, I don't like that because then you're going to have -- in the same restaurant, you hadn't -- you have a Coca-Cola, Perrier, Budweiser and all that. I'd rather have the number -- I mean, the name of the establishment. I think it's -- Vice Chair Russell: I don't know that we can regulate the content, can we? Commissioner Reyes: I think so. Mr. Min: So, I believe the proposal from the sponsor is to limit it to the name or logo of the restaurant or any governmental entity that is sponsored in the program, such as the DDA or the CRAs (Community, Redevelopment Agencies). Vice Chair Russell: So, I think we have similar legislation with regard to advertising on certain facilities, where they can advertise for something that is sold within, for example, like at -- Commissioner Diaz de la Portilla: Pepsi, yes. Vice Chair Russell: Yeah, for example. I'm okay with that. I -- I really don 't think it's crass. I think it helps them cover their costs because they get free merchandise from the companies that's providing -- Commissioner Reyes: I -- I think it's more classy, you know, to have it the other way. Vice Chair Russell: Maybe, but I think that's up to the restaurant. Commissioner Reyes: Well, we can -- we can discuss this between first and second. I mean, think about it -- we can think about it. Commissioner Diaz de la Portilla: Yeah, I agree, but I think that we have our own outdoor advertising statutes -- ordinance, I'm sorry, right -- that limits all those things, right? Commissioner Reyes: Let's -- let's -- City ofMiami Page 187 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Diaz de la Portilla: Am 1 correct? Mr. Min: Correct, sir. Commissioner Diaz de la Portilla: Yeah. Let's do it -- let's do it. Commissioner Reyes: Let's do it in between first and sec -- whatever idea you come up with -- Commissioner Dias de la Portilla: All right. As the sponsor wants to do -- I sort of agree -- Vice Chair Russell: As per the sponsor. Commissioner Dias de la Portilla: I sort of agree with you, Commissioner Russell, but -- but -- but -- but we -- I -- I see both sides. Vice Chair Russell: Yeah. I don't want to micromanage them, but we'll work on it. All right. Commissioner Reyes: We work at it. Vice Chair Russell: So, we have amendments between first and second. Are they accepted by sponsor and -- I mean the -- the mover and seconder? Mr. Hannon: The legislation will be adopted as -is, with the changes being made in between first and second reading. So, no amendments are -- need to be -- need to be incorporated into the vote. Vice Chair Russell: (UNINTELLIGIBLE) between first and second, understood. Any further comments on SR.2, 3, and FR.1, 3, and 4? Commissioner Diaz de la Portilla: Nope. Vice Chair Russell: All in favor, say "aye. The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. We're done with our ordinances. Thank you. SR.3 ORDINANCE Second Reading 9240 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS," BY CREATING ARTICLE V, TITLED "HOTEL / MOTEL REGULATIONS," TO ADDRESS HUMAN TRAFFICKING VIOLATIONS AND BY CREATING AND PROVIDING DEFINITIONS, MINIMUM REQUIREMENTS, REMEDIES, AND PENALTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14014 City ofMiami Page 188 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, 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 SR.3, please see Item SR.2. END OF SECOND READING ORDINANCES City, of Miami Page 189 Printed on O1/21/2025 City Commission Meeting Minutes July 22, 2021 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 9311 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE VI OF THE CODE OF THE CITY MIAMI, FLORIDA, AS AMENDED, TITLED "SIDEWALK CAFES", TO INCLUDE STREET CAFES, FEES, PERMIT REQUIREMENTS, AND PERMIT CRITERIA; 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: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Nate for the Record: For minutes referencing Item FR.1, please see Item SR.2. FR.2 ORDINANCE First Reading 7221 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," TO CONVERT THE EXISTING MOTORIZED SCOOTER PILOT PROGRAM TO A PERMANENT PROGRAM; PROVIDING FOR INCREASED FEES FOR SCOOTER OPERATORS; PROVIDING FOR ENHANCED PENALTIES FOR VIOLATIONS OF THE SCOOTER PROGRAM, INCLUDING FINING ADULT ACCOUNT- HOLDERS OF A SCOOTER OPERATOR FOR PERMITTING A PERSON UNDER 18 YEARS OF AGE TO OPERATE A SCOOTER; PROVIDING FOR SCOOTER FLEET SIZE LIMITATIONS BY THE APPLICABLE PROCUREMENT METHOD THAT SELECTS OPERATORS; PROVIDING THAT ALL PROVISIONS OF THE MOTORIZED SCOOTER PILOT PROGRAM IN EFFECT PRIOR TO THE PASSAGE OF THIS ORDINANCE CONTINUE FOR THE REMAINING DURATION OF THE PILOT PROGRAM WITH CERTAIN LIMITED EXCEPTIONS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item FR.2 was continued to the September 23, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item FR.2, please see "Order of the Day." City ofMiami Page 190 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 FR.3 ORDINANCE First Reading 9369 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 36/SECTION 36-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "NOISE/OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION;" FURTHER AMENDING SECTION 36-5 OF THE CITY CODE, TITLED "SAME -HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS OF CITY -OWNED PROPERTY; RELAXATION," TO PROVIDE A PILOT PROGRAM FOR NOISE DISTURBANCES WITHIN THE NRD-1 DISTRICT IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE AND AN ENDING DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, 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 FR.3, please see "Public Comments for all Item(s)" and Item SR.2. FR.4 ORDINANCE First Reading 9377 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC BEVERAGES," MORE PARTICULARLY BY AMENDING SECTION 4-6 OF THE CITY CODE TO RENAME THE "OVERTOWN ENTERTAINMENT DISTRICT" TO THE "HISTORIC OVERTOWN CULTURE AND ENTERTAINMENT DISTRICT"; MODIFYING THE DISTRICT'S BOUNDARIES AS DEPICTED IN EXHIBIT "O"; AND MAKING GRAMMATICAL CORRECTIONS; 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: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item FR.4, please see Item SR.2. END OF FIRST READING ORDINANCES City ofMiami Page 191 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 BU.1 8138 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: All right. B -- where am I? BUJ, please. We're almost there, gentlemen. Fernando Casamayor (Assistant City Manager/Chief Financial Officer): 1 got to follow the Fire Chief? Commissioner Watson: You can make it great if you tell us you found some money somewhere. Did you find 26 million? Mr. Casamayor: Not quite. Commissioner Watson: Oh, okay. Mr. Casamayor: Good evening. Fernando Casamayor, Assistant City Manager and CFO (Chief Financial Officer). Commissioners, the books for the month of June closed on July 12th. I am happy to report that some of our revenue trends are starting to look a little bit better than we had anticipated when this budget was put together. We are still projecting a deficit of $26 million. However, taking away the $45 million that was transferred out of the building fund for a facility, it gives us a surplus -- a projected surplus of $21.9 million. The largest difference from last month to this month is we received an additional $6 million from the Miami Parking Authority for parking revenues that were budgeted much lower. So, the trends are looking very good. Other revenues are still down. However, we're a little more comfortable that, hopefully, the worst is behind us. And I'll take any questions you have at this time. Vice Chair Russell: Any questions? Thank you, Mr. Casamayor. That's BU.1. END OF BUDGET City ofMiami Page 192 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 DI.1 9174 Department of Finance DI - DISCUSSION ITEMS DISCUSSION ITEM A DISCUSSION REGARDING UNREIMBURSED GRANT EXPENDITURES FOR QUARTER ENDING MARCH 21, 2021. RESULT: DISCUSSED Vice Chair Russell: Discussion items, we have DTI, unreimhursed grants expenditures. Hello. Erica Paschal: Good evening, Commissioners. Erica Paschal for the City of Miami Finance Department. DI.1 is the quarterly report for the quarter ending March 31, 2021, as required by our City's financial integrity principles of any non - reimbursable expenditures incurred. I'm happy to report that there are no expenditures to -- incurred to be reported at this time. Vice Chair Russell: Thank you very much. That's DI.1. DI.2 DISCUSSION ITEM 9171 Commissioners and Mayor A DISCUSSION REGARDING THE RECONSIDERATION OF THE MOTORIZED SCOOTER PROGRAM. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item DL2 was continued to the September 23, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item DL2, please see "Order of the Day." DI.3 DISCUSSION ITEM 9367 Department of Code Compliance A DISCUSSION ITEM TO UPDATE THE CITY COMMISSION, AS REQUESTED DURING THE COMMISSION MEETING ON 7/8/21, REGARDING THE STATUS OF CODE ENFORCEMENT LEGISLATION ADOPTED BY THE CITY COMMISSION. RESULT: DISCUSSED Vice Chair Russell: D1.3 is status of Code Enforcement legislation. Whose -- whose item is this? City ofMiami Page 193 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Arthur Noriega (City Manager): Code Enforcement. We disseminated the -- the menu -- the memo to the Commission last week. I think it was Friday is when it went out with an update. Vice Chair Russell: Do you need to discuss at this time? Mr. Noriega: It' -- it's -- was just to provide an update if we needed to, but we did provide it in a memo form, as well, as -- as requested. Commissioner Watson: But that's just Code Enforcement, period. Mr. Noriega: That's all of the items -- all the legislative items that were referenced by Commissioner Carollo -- Commissioner Watson: Okay. Mr. Noriega: -- that we needed to respond to in terms of status. We did that in the form of a memo. Commissioner Carollo: You did it in the form of a memo? Mr. Noriega: Yeah. Vice Chair Russell: Microphone, please. So, do you need to discuss the DL3, or shall we --? Commissioner Carollo: No, (INAUDIBLE) was late to begin with so. Vice Chair Russell: Consider it done, DI.3. Commissioner Carollo: The -- the -- the Manager's good at this. He puts it at the end in a busy day, so he tires me out -- you know, takes advantage of my old age. Robert Santos-Alborna: Good evening, Commissioners. How are you? I'm Robert Santos-Alborna. I'm the Code Compliance director. Vice Chair Russell: Welcome. Mr. Santos-Alborna: I've -- thank you so much, Commissioner Russell. I've had the opportunity to meet with a few of you, and I'm here to answer some of your questions. And there's some specific legislation that -- I know that Commissioner Carollo had raised some concerns, so -- Commissioner Reyes. Vice Chair Russell: Does anybody have questions for the director? Mr. Santos-Alborna: Yes, sir. I'm sorry? Vice Chair Russell: I'm asking if any of the Commissioners have any questions for you. Commissioner Carollo: We -- we briefly met. He was very courteous in meeting with me. You know, I certainly will give him every opportunity that he deserves as a new director. He comes with a -- a background that certainly is experienced with the job that he's taken, and I wish you the very, best. Mr. Santos-Alborna: Thank you, Commissioner. City ofMiami Page 194 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: Because if you succeed, we succeed. Mr. Santos-Alborna: Yeah. I'm -- as the Commissioner said, 1 have more than 30 years in the public sector, 23 years doing Code Enforcement and Code Compliance in multiple jurisdictions: Miami -Dade, Miami Beach, my last five years in Palm Beach County. And I'm looking forward to contributing to the team and raising the bar. Vice Chair Russell: Thank you. Any other questions for the Director? Commissioner Watson: Well, I guess our meeting was interrupted by an employee hitting someone, and so I didn't get a chance to ask this. Mr. Santos-Alborna: Yes, sir. Commissioner Carollo: An employee what? Vice Chair Russell: Yeah. There's a backstory here. Commissioner Watson: We were meeting, and an employee from this -- from Natasha (phonetic) -- I'm sorry -- Mr. Santos-Alborna: ACM (Assistant City Manager) Colebrook. Commissioner Watson: -- was on -- on her way home and hit a -- hit a young man that was -- that dashed out in front ocher. And so our meeting was aborted because she freaked out and she was calling Natasha instead of 911. So, we didn't get a chance to finish that meeting. He's all right. But I didn't get a chance to ask this question. Mr. Santos-Alborna: Yes, sir. Commissioner Watson: Commissioner Russell's district notwithstanding, a lot of us have this whole problem with this illegal dumping. And I'm trying to find out -- and I rode with Interim Director Neurons trying to understand and find out. From the moment we see something, cite something, or what have you, what's our capacity to do something different than just send a letter. And you know, I have a case in my district -- even unsafe structure took ten years to resolve, right? How do we -- how do we do something to make sure that we have teeth in what we want to see accomplished and we get results where it doesn't continue. There's a real correlation in illegal dumping and vacant lots. This is why I've been on the vacant lots, right? Mr. Santos-Alborna: So, Commissioner, we -- we spoke briefly -- you know, today's my ninth day, so I'm in sponge -- in sponge mode -- Commissioner Watson: That's fair. I just wanted to put on the record. No problem. Mr. Santos-Alborna: -- but one of the -- part of the discussion that we had is how we're going to treat residential homesteaded properties very differently than commercial properties. As far as capacities, I have to do -- we're -- we're in the midst of doing an assessment for deployments for evening shift enforcement for commercial corridors. So, there's a number of processes that I'm in the midst of working with, along with AD (Assistant Director) Demons -- Neurons, and we will go ahead and forward that through my Assistant Manager and -- and the City Manager. But we're in the midst of that, but without -- without a doubt, there's a number of City ofMiami Page 195 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 things that we're rolling out, such as standard operating procedures to deal with recurring violations and repeat violations. Commissioner Watson: Right. Ms. Colebrook, the -- we passed a meeting ago, two meetings ago -- where -- is the solid waste plan being implemented? Natasha Colebrook -Williams: It is. Commissioner Watson: Because some of our districts were short even equipment and enforcement -- enforcement officers. That's been started already? Ms. Colebrook -Williams: Yes, sir, we have started implementing the plan Solid Waste presented to you. Commissioner Watson: Okay. Ms. Colebrook -Williams: We've also advertised for employees and have been recruiting with HR (Human Resources) to fall those vacancies. Vice Chair Russell: Thank you. Thank you very much. Mr. Santos-Alborna: Thank you. Vice Chair Russell: All right. That is it on DI.4 [sic]. DI.4 DISCUSSION ITEM 9384 A DISCUSSION REGARDING LIFE SAFETY CONCERNS RELATED City Manager's TO OCCUPANCY LOADS Office RESULT: DISCUSSED Vice Chair Russell: 1 apologize. I missed D1.4, Do we need to discuss occupancy loads, Mr. Manager? Commissioner Carollo: Which is -- which number is this? Vice Chair Russell: Occupancy loads is a discussion item. Commissioner Carollo: DI.4? Victoria Mendez (City Attorney): Right, by the Manager. Arthur Noriega (City Manager): Yeah. This is our -- this is our item. There's been some discussion relative to, generally, some concerns over our ability to monitor and enforce occupancy loads in the City. So, I asked the Fire Marshal, Chief Plasencia, to put together a report, which was disseminated to everybody. And he's prepared to go through it with you if you -- if you'd like, just to understand the context of how occ -- occupancy loads are generated by property, and also to talk a little bit about what our plan is to, one, create a very good database. Right now, our database is a little disjointed in terms of occupancy loads -- and also how we're going to enforce it. So, Mr. Plasencia, if you want to -- Commissioner Carollo: Yeah. This is -- this is key -- very key, not only because of COVID, but also because of what we've seen in Surfside -- City of Miami Page 196 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Watson: Yeah. Commissioner Carollo: -- among other things. Adrian Placensia: Good afternoon, Commissioners. Adrian Placensia, Assistant Fire Chief, Department of Fire -Rescue. So, occupant loads. The purpose of an occupant load is to reflect the maximum number of people anticipated to occupy a building room or space at any given time under any probable situations. It's established for use in determining the means of egress; for example, the size of doors, the size of stairwells, and also, what type of fire protection systems or life safety systems are needed, such as sprinkler systems. Now, to calculate an occupant load, there's an occupant load factor and a formula, which is on the fire -- the Florida Fire Prevention Code, which basically has an occupant load factor for each type of use of an occupancy. Commissioner Carollo: But that's also the same -- the Florida Code follows the national code, correct? Mr. Placensia: Yes, sir. The Florida Fire Prevention Code is adopted -- the fire code -- the national fire code, NFPA (National Fire Protection Association) and Life Safety Code with Florida amendments. Yes, sir. So, with that said with occupant load factors -- calculating occupant load, one would refer to that chart. So, let's say a business occupancy -- for example, you have a building with a floor, let's say 10,000 square feet. The occupant load factor for business is 100. You would divide, in this case, either the gross or net square feet. But jrothis, it would tell you it's gross square feet. So, 10,000 divided by an occupant load factor of 100 would equal 100 occupants. So, 100 occupants we utilize to determine the width of egress, the number of egress, the width of stairs if -- if required, and also any fire protection. Commissioner Carollo: So, Chief -- Mr. Placensia: Yes, sir. Commissioner Carollo: -- if I -- if I may, ask you: You will determine that, if you have 10,000 square feet, this open space, if it is, then you determine it by multiplying two by two and you get one person every four square feet, correct? Mr. Placensia: For -- for the -- the occupant load factor that I'm referencing, sir, it's -- you gather the net or gross square footage, whichever's applicable for that occupancy on that occupancy load chart, and you divide that square footage by that occupant load factor, whichever it may be for that use. Commissioner Carollo: Okay. Mr. Placensia: And we use this for both determining requirements, as mentioned, in buildings, like when plans are submitted, but also in what I'm going to speak about next, which is determining maximum occupant loads for occupant load certificates. So, an occupant load certificate is required in every room constituting an assembly occupancy and not having fixed seats. Because if you have fixed seats, that's basically your occupant load, just like in a movie theater, for example. The sign's supposed to be posted in a conspicuous location by the main exit. Why? So, employees there can readily see it so they know when a place is getting overcrowded to make sure it does not and prevent it. And also, so when people walk into the occupancy, they can look back and see what that occupant load is to say, it's overcrowded, they should probably leave. City ofMiami Page 197 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: However, if I could ask you -- and I'm sony to interrupt you. Mr. Placensia: Yes, sir. Commissioner Carollo: Having -- haven't you been finding that -- in the several months that you've been going out in a task force on this, that the vast majority of our alcohol establishments, whether bars, taverns, nightclubs, are over their occupancy load? Mr. Placensia: Yes, sir. We have witnessed several -- a number of occupancies that were overcrowded. Yes, sir. Commissioner Carollo: But it's been quite a few, correct? Mr. Placensia: Yes, sir. It's been a -- Commissioner Carollo: Yeah. Okay. Mr. Placensia: So, establishments that exceed their occupancy load put the public in danger. When you have more people than is supposed to be or the maximum occupant load in a space, it delays people from getting to an exit during an emergency. And obviously, in a fire with smoke, that's more dangerous. You know, having a lot of people in a space that's extremely overcrowded can also prevent people from getting out the doors as they squish in trying to get out. One of the other things that assembly occupancies require is something called a crowd manager, which is required training and a certificate within two years. Their job is to make sure that the occupant load is not exceeded, that egress is unobstructed and readily available all times. They're supposed to monitor and mitigate any hazards present, as well as other responsibilities to help with that. Now, how do customers or businesses acquire an occupant load certificate? So, one, they can ask the -- the Fire Prevention Bureau. We'll be happy to give instructions and facilitate that -- that process. The other way is, on our City of Miami website, there's a search bar. They can just type an occupant load or a number of search terms, and instructions will be provided how to acquire an occupant load. Additionally, if they're looking for step-by-step instructions in acquiring a new certificate of use, that information regarding acquiring an occupant load and how to do it is also on that site, as well. So, the way they get it is they simply click the link on that site. It'll request very specific and minimal information such as name, contact information, CU (Certificate of Use) number, and address. And then they'll be provided directions on how to submit their plans into ePlan. Once the plans are uploaded, the Fire Marshal's office reviews the plans, and then will determine the maximum occupant load based on those plans and the occupant load factors that are found in the Florida Fire Prevention Code that we discussed earlier. After that, we will then visit -- the Fire Marshal's office will visit that establishment to make sure that that plan represents what's truly at that establishment. Once that's accomplished, we'll sign the occupant load certificate communicating the maximum occupant load, and it'll be available for the applicant to download the signed occupant load certificate and plans from the ProjectDox platform. One of the things that's been accomplished last year is we started using electronic plans review. As you all know, electronic plans review has been largely used in cities, especially for the permitting process. So, when you migrate it to doing occupant load certificate processes through that -- that platform -- this was implemented to be consistent with all apartments, as mentioned, permitting, and allows for easy retrieval of past occupant load certificates and plans and provides an improved means for customers to submit plans at any time. So, in the event an occupant load certificate's missing at an establishment, they can come to us, and we can locate online, ver' that the plans still represent what the City ofMiami Page 198 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 establishment has, and provide them that same occupant load certificate. Now, some current actions to assure compliance with occupant loads and occupant loads certificates. First, a public service announcement is in the process of being developed, which communicates the requirement for an occupant load certificate. It communication -- communicates the reasons why a maximum occupant load should not be exceeded, and it also communicates how to get a new occupant load certificate or revised occupant load certificate. We've also been compiling past hard copy occupant load certificates, along with occupant loads -- occupant loads submitted, the electronic plans review. Additionally, fire inspectors have been visiting assembly occupancies to verify that occupant load certificates are posted, as well as taking photos of them for our records so we have a database of these. The goal is to have all maximum occupant loads certificates and occupant loads communicated and occupant load certificates easily accessible. For establishments who have lost their occupant load certificate, they're provided instruction regarding how to acquire a new occupant load certificate. And for those not working to acquire a new occupant load certificate in a timely manner, we will go out there and give them a temporary, conservative occupant load certificate. The reasons for that, it's going to be less than if they submitted plans to get an actual one, so that will help motivate them to get one. Fire inspectors have also been visiting assembly establishments during the day and night to assure maximum occupant loads are being adhered to and take appropriate action when needed. One of the other things we did recently was, the Manager asked us to come up with all the occupant loads or assembly occupant loads that are over 200. With that excess, we use to all the occupant loads we've got on ProjectDox, which was mentioned a little while ago; recently provided occupant load certificates, just prior to ProjectDox; and with the use of a list provided by the Department of Zoning, defining assembly establishments that are taverns, nightclubs, and restaurants, we minimized or we took a list of all restaurants over 3,000 square feet. The reason for that is because that -- we discussed occupant load factors. The assembly occupancy load factor for a non - concentrated use without tables and chairs, which would be a restaurant, 15. We figure 3,000 square feet divided by 15 would give you an occupant load of 200. That's being conservative because, keeping in mind a 3,000 square restaurant would also have a kitchen. So, with that information, we've compiled so far, is 68 assembly occupancies with occupancies -- or maximum occupant loads over 200. Commissioner Carollo: Did -- did you include in that establishments that have two occupancy loads, like one upstairs Mr. Placensia: Yes, sir. Commissioner Carollo: -- one downstairs for the same business? Mr. Placensia: Yes, sir. We included -- Commissioner Carollo: Or -- Mr. Placensia: Sorry. Commissioner Carollo: -- you know, one outside, one inside, like we have numerous in the City of Miami? Mr. Placensia: Yes, sir, we did. We included, as you mentioned, occupants where they have separate rooms -- Commissioner Carollo: Yeah. City ofMiami Page 199 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Placensia: -- and we used the sum of that. We included occupancies that have different floors, first and second floor, for example, and also that may have, for example,160 occupancy on the inside and maybe 60 on the outside. Yes, sir. Commissioner Carollo: Even with those, you only have -- you said what? 68 or -- Mr. Placensia: 68. And we are continuing to work to visit all of them. Our goal is to have all of them with up-to-date records on their occupant loads certificates and maximum occupant loads. Commissioner Carollo: Okay. Vice Chair Russell: Any other questions? Commissioner Carollo: Yes. Could you send me, since you started doing these checking and occupancy loads, the list of how many liquor establishments or restaurants, and divide them into what they really are, have been found that have been over their occupancy load. If you know approximately how much over, if you could include that, and try, to divide them into those that are 200 or over versus less than 200. Mr. Placensia: Yeah -- yes, sir. So, we will take all the, I guess, violations for exceeding occupant loads since we started out -- with -- our operation started, I believe, that -- that you were part of the initiating, which was April 17th. So, we take all this -- all the assembly establishments with occupant loads exceeded from that date, and we'll provide you a report on -- on which of those have violations. Commissioner Carollo: And last but not least, which I'm sure you would do it anyway, the dates and the violations that you filed -- Mr. Placensia: Yes, sir. Commissioner Carollo: -- on each. Mr. Placensia: Absolutely. But -- but for the violations filed, you are concerned with exceeding the occupant load? Commissioner Carollo: Yeah, the occupant load. Mr. Placensia: Yes, sir. Absolutely. Commissioner Carollo: Okay. Mr. Placensia: Any other questions? Vice Chair Russell: No. Mr. Placensia: Thank you very much. Commissioner Carollo: Thank you. Vice Chair Russell: All right. Is there any more business for the dais? Commissioner Reyes: No. Vice Chair Russell: Seeing none, everyone Have a good night. Thank you for your patience and advocacy. Have a good weekend. We are adjourned. City of Miami Page 200 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 END OF DISCUSSION ITEMS City of Miami Page 201 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 BC.1 9331 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN INDIVIDUAL AS A MEMBER OF THE LITTLE HAITI REVITALIZATION TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Ronald Page ENACTMENT NUMBER: R-21-0324 NOMINATED BY: Commissioner Jeffrey Watson MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: Let's -- Commissioner Carollo: Boards, appointments, and stuff Vice Chair Russell: We've got -- Commissioner Carollo: Yeah. Vice Chair Russell: Let's -- let's -- let's get through the actual action items first, I'd say. You want to do boards and appointments? Commissioner Carollo: Yeah. Let's get done with it. Vice Chair Russell: I'm fine with that. Commissioner Reyes: Okay. Vice Chair Russell.• Mr. Clerk? Todd B. Hannon (City Clerk): BC.1, Little Haiti Revitalization Trust. Commissioner Watson will be appointing Ronald Page. Vice Chair Russell: Is there a motion? Commissioner Reyes: Move it. Vice Chair Russell: Moved by Commissioner Reyes. Commissioner Carollo: Second. Vice Chair Russell: Second by Commissioner Carollo. All in favor, say "aye." City ofMiami Page 202 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 BC.2 9268 Office of the City Clerk The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Javier Banos Commissioner Manolo Reyes ENACTMENT NUMBER: R-21-0325 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Todd B. Hannon (City Clerk): Bayfront Park Management Trust. Commissioner Reyes will be appointing Javier Banos. Commissioner Carollo: Move. Vice Chair Russell: Moved by Commissioner Carollo. Is there a second? Commissioner Reyes: Second. Vice Chair Russell: Second by Commissioner Reyes. All in favor, say "aye." The Commission (Collectively): Ave. Vice Chair Russell: Any opposed? Motion passes. Were those all the boards boards and appointments? Mr. Hannon: I'm sorry. Yes, sir. Vice Chair Russell: Thank you. Commissioner Carollo: I thought there were more. That was quick. Vice Chair Russell: Got it. END OF BOARDS AND COMMITTEES City of Miami Page 203 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 RESOLUTION 8849 Department of Planning A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION, WITH CONDITIONS, PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 2-212(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "NONCONFORMING USE PILOT PROGRAM," TO ALLOW THE RE - ISSUANCE OF A CERTIFICATE OF USE FOR NONCONFORMING USES THAT HAVE LAPSED FOR A PERIOD OF MORE THAN EIGHTEEN (18) MONTHS AND LESS THAN FIVE (5) YEARS FOR THE PROPERTIES LOCATED AT APPROXIMATELY 116 NORTHWEST 52 STREET AND 123 NORTHWEST 51 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.1 was deferred to the October 14, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.1, please see "Order of the Day." City of Miami Page 204 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 PZ.2 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: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: Item PZ.2 was continued to the September 23, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.2, please see "Order of the Day" and "Public Comments for all Item(s)." PZ.3 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: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: Item PZ.3 was continued to the September 23, 2021, City Commission Meeting. City of Miami Page 205 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 PZ.4 9109 Department of Planning Note for the Record: For minutes referencing Item PZ.3, please see "Order of the Day" and "Public Comments for all Item(s)." ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE 0.15 ± ACRES DESCRIBED HEREIN OF REAL PROPERTY LOCATED APPROXIMATELY AT 3231 SOUTHWEST 23 TERRACE, 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: Jeffrey Watson, Commissioner AYES: Russell, Reyes, Watson ABSTAIN: Carollo ABSENT: Diaz de la Portilla Vice Chair Russell: Let's move to PZ (Planning and Zoning), unless you want to go back to the -- yeah, let's move to PZ. We're going to start with PZ.4 and 5, which are D4 (District 4) items. Conaniissioner Reyes: Mr. Chair, before you go to the PZs, 1 have -- I have a Jennings disclosure and it's all of them, PZ.1, PZ.2, 3, 4, 5, 6, 7 and 8. I have met with everybody, okay? Vice Chair Russell: Yes. Commissioner Reyes: All right. Vice Chair Russell: But that does not bias your opinion. PZ.4 -- so then let's take up PZ.4 and 5. Is there a motion? This is a D4 item. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: Is there a motion for PZ.4 and 5? Do you need a presentation first? Commissioner Reyes: PZ.4 and 5. Let me see which one are those. PZ.4 -- oh, PZ - PZ.1 was moved. Vice Chair Russell: This is the one on 23rd Terrace, Commissioner Reyes, 3231. Commissioner Reyes: Yes. I'll -- I'll move it. Move it. City of Miami Page 206 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: PZ.4 and 5 are moved. Commissioner Reyes: Moved. Ines Marrero Priegues: Hi. Commissioner Reyes: Hi. Vice Chair Russell: Would you like to present anything? Ms. Marrero Priegues: I -- just there's a covenant associated with the application. I think the covenant needs to be the accepted. This is -- just very briefly, it's -- this is the Old Victor's Cafe Studios. Depending how old you are, you remember the restaurant that was there. Commissioner Reyes: Before that -- Ms. Marrero Priegues: That -- Commissioner Reyes: Before that was the Dollar House. Ms. Marrero Priegues: I don't remember that one. My name is Ines Marrero. I'm attorney with the law firm of Holland and Knight, offices at 701 Brickell Avenue. So Commissioner Carollo: The -- the good side of the Priegues family. Ms. Marrero Priegues: The good side of the Priegues family, the ones with an S. So, that property is being -- currently has an application pending for approval by -- by -- through warrant of an assisted living facility. And so we have acquired this one single-family lot to make it part of our project. Let me he very clear, this is not needed for the project. The project stands on its own. But this one lot will serve to provide a Zen garden for the residents of the assisted living facility. So, we are seeking to rezone this one lot to allow the community support facility use to happen on it. The use is a park, essentially, for the residents of this -- of -- of our proposed facility. But without the rezoning, we cannot use it for that open space. And this has been confirmed by staff and the Planning and Zoning Board. Excuse me. Commissioner Carollo: What item is this, again? Ms. Marrero Priegues: This is 4 and 5 -- PZ.4 and PZ.5. Commissioner Carollo: Okay. And, well, this is 3231 Southwest 23rd Terrace? Ms. Marrero Priegues: Correct. Commissioner Carollo: Right on the corner of 23rd Terrace and 32nd Avenue? Ms. Marrero Priegues: Correct. Commissioner Carollo: I'm sorry. I have a conflict of interest. According to, I think, what the City Attorney would advise me on properties that are owned by my family, less than 500 feet from there. So, I don't think I would be allowed to vote in this; am I correct? City of Miami Page 207 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Barnaby Min (Deputy City Attorney): Yes, sir. If there's a financial interest that you would have from the vote, then yes, you would have a conflict. Commissioner Carollo: Okay. Mr. Min: We will give you the document that needs to be filed with the City. Commissioner Carollo: So, I -- I will step out on this one and -- Commissioner Reyes: Though 1 know you wouldn't vote against it because we've -- Commissioner Carollo: Well, look, I -- I can't even talk about it. Commissioner Reyes: No -- no, don't talk about it. I talk about it. Vice Chair Russell: All right. Recusal is note -- noted. Commissioner Carollo: I just didn't want someone coming at me later on and saying -- Commissioner Reyes: Yeah, yeah, yeah. Get out of here. Ms. Marrero Priegues: Understood, Vice Chair Russell: Thank you very much. Are there any other questions. for Ms. Priegues or for the -- fbr the Administration? Any further comment from the Commissioners? All in favor of the issue -- Todd B. Hannon (City Clerk): Chair? Vice Chair Russell: You need it read? Mr. Hannon: I don 't have a second. I -- I -- I -- Commissioner Reyes moved the item at 7..29, but I didn't have a second. Vice Chair Russell: Is there a second? Commissioner Watson: Second. Vice Chair Russell: Seconded by Commissioner Watson. Mr. Min: (UNINTELLIGIBLE) ordinance. Vice Chair Russell: Please read it into the record. Mr. Min: PZ.4. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: PZ.5. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Vice Chair Russell: Has the covenant been entered into the record? City of Miami Page 208 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Ms. Marrero Priegues: The covenant was submitted formally through ePlan to the City. Vice Chair Russell: Is it included in this item? Ms. Marrero Priegues: It was -- it was not in the City package with the agenda, but it has been formally submitted to the City. Vice Chair Russell: Let's formalize it formally. What's the covenant -- what's the substance of the covenant? Ms. Marrero Priegues: The -- yes. The covenant provides, in its pertinent part that - - this is the most important language. Do you have it in there? Thank you, James. Vice Chair Russell: Mr. Clerk, you don't have a copy of it for the record? Mr. Hannon: No, sir. I was going to defer to Mr. City Attorney to -- to determine whether or not the -- the legislation needs to be amended to incorporate the covenant. Mr. Min: If it's not in the record, it should be adopted as amended to incorporate the -- the covenant. Vice Chair Russell: But you don't have a copy of the covenant? Cesar Garcia -Pons (Director of Planning): I don't have a copy of it with me. It is uploaded into ePlan, so -- Vice Chair Russell: But you have seen it and studied it? Unidentified Speaker: Yes, sir -- yes. Ms. Marrero Priegues: Yes. The -- the procedures for submittal of covenants under the Zoning and Planning Departments requires that we do it through their portal, and so that was submitted. The most relevant language of the covenant is a use restriction that states that notwithstanding the property's T4-L zoning designation, the property shall only be used for those uses permitted in the T3-O zoning district. Of course, we want to be able to use a single-family home, or as green space recreate -- recreational area, or open space serving other abutting properties with a zoning classification of T4, T5, and T6. And the intent is to -- to allow this park to be used as a private park for the residents of the property that abuts it that it happens to be zoned T4, T5, and T6. If you would like to add where it says recreational area that it says passive recreational area, we can amend that. I just picked up on that and -- Vice Chair Russell: Zen passive. Commissioner Reyes: Zen passive. Vice Chair Russell: Zen. All right. Does the mover and seconder accept the covenant as an amendment? Commissioner Reyes: Yes. Vice Chair Russell: Yes. Mr. Watson? Commissioner Watson: Yes. City of Miami Page 209 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Ms. Marrero Priegues: Thank you. Vice Chair Russell: All right. Are there any further questions or discussion on the item? Commissioner Reyes: Nope. Vice Chair Russell: And it's been read into the record? Mr. Min: Yes, sir. Vice Chair Russell: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes as amended. Thank you, Ms. Priegues. Ms. Marrero Priegues: Thank you very much. PZ.5 ORDINANCE First Reading 9110 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 T3-O, "SUB -URBAN TRANSECT ZONE — OPEN," TO T4-L, "GENERAL URBAN TRANSECT ZONE —LIMITED," FOR THE 0.15 ± ACRES OF REAL PROPERTY LOCATED APPROXIMATELY AT 3231 SOUTHWEST 23 TERRACE, 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 with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Reyes, Watson ABSTAIN: Carollo ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item PZ.5, please see Item PZ.4. City of Miami Page 210 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 PZ.6 ORDINANCE Second Reading 8997 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O", URBAN CENTER TRANSECT ZONE — OPEN, TO "T6-8-O", URBAN CORE TRANSECT ZONE — OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 2200 AND 2222 SOUTHWEST 27 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14015 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Vice Chair Russell: Commissioner Reyes, still in your district, Item PZ.6 is rezoning. Commissioner Reyes: And as I understand, there is also some covenant that's going to be presented. Vice Chair Russell: Good afternoon. Ben Fernandez: Good afternoon, Mr. Chair, Commissioners. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the applicant and property owner. We have negotiated all the terms of the covenant. The items that were outstanding between first and second reading have now been addressed to everyone's satisfaction. The covenant has been uploaded into the Miami ePlan system. The -- your Planning Director has reviewed and approved the covenant. Your Law Department has reviewed it. And Commissioner, I believe your staff has also been a part of that process. So, we're -- we're happy to present it here this evening, joined by the owners that are with me, Mr. Pablo Ceijas (phonetic) and Allen O'Hara (phonetic). And the -- essentially, all of your requests concerning vehicular access will be abided by. The exclusive exit will be on Coral Way, entrance will be on 27th Avenue, only service and loading from 22nd Terrace -- Commissioner Reyes: The height. Mr. Fernandez: -- and the height is also limited, as well. Vice Chair Russell: Thank you. Does -- do you need that accepted -- the covenant accepted as an amendment, or is it already in -- in the -- Commissioner Reyes: It's already in. Mr. Min: If you can provide a copy to the Clerk's Office -- City of Miami Page 211 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Fernandez: Absolutely. Mr. Min: -- because the version that we have is still the outdated one. Commissioner Watson: Oh, yeah. Mr. Fernandez: I have a copy for the record right here to submit. Vice Chair Russell: And my question is: Is it already noted in the record, or you need -- Mr. Min: No. The one that's in the ree -- Vice Chair Russell: -- it as an amendment? Mr. Min: It needs to be amended because the one that's in the record is outdated. Vice Chair Russell: Thank you. We all have a copy of it. Does the mover -- does the mover and seconder accept? Commissioner Watson: Yes, we accept the -- the new one. Just make sure we have it. Commissioner Reyes: Yeah. Mr. Min: Yeah, the new one's been entered into the record, and Mr. Fernandez has summarized the substance of -- of the new covenant that is being proffered. Commissioner Watson: So, I -- I accept the new amendment, Mr. Chair. Cesar Garcia -Pons (Director of Planning): Mr. Fernandez? Commissioner Reyes: Okay, I do, too. Vice Chair Russell: Thank you. We have a motion. We have a second. Is there any further discussion or questions? All in favor of the -- Mr. Hannon: It's an ordinance. Vice Chair Russell: Is it an ordinance? Please read it into the record. Mr. Garcia -Pons: Mr. Chairperson, there is additional covenants, the 150,000 -- there are things that you -- Mr. Fernandez: Well, those were all part of the first reading. I can restate them if you like. Vice Chair Russell.: That -- that's why I asked. I wanted to make sure it is all captured. Mr. Garcia -Pons: Yes, sir. At the first reading, you said 100,000. They asked for 150. You've changed it, so if you could just summarize the changes for the board, please. Mr. Fernandez: We -- we -- the -- the changes are essentially an increase in the monetary contribution to 150,000 versus 100, 000. And the timing for that City of Miami Page 212 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 contribution has been moved up from TCO (Temporary Certificate of Occupancy) to obtaining a building permit for the project. As well as the vehicular access has been amended to provide that a waiver must be obtained within 18 months from the time of this approval, or the covenant must be modified or other arrangements made. Vice Chair Russell: All right. Is the department satisfied? Legal satisfied? Mr. Garcia -Pons: Yes. Thank you, sir. Vice Chair Russell: Clerk satisfied? Have we read it into the record? Mr. Min: Not yet, sir. Vice Chair Russell: Please do so. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Vice Chair Russell:: Thank you. PZ.6. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes as amended. Thank you very much. Mr. Fernandez: Thank you. Vice Chair Russell: Congratulations. City of Miami Page 213 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 PZ.7 ORDINANCE Second Reading 8999 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 "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL" OF THE 0.33± ACRES OF REAL PROPERTY APPROXIMATELY LOCATED AT 7421 NORTHWEST MIAMI PLACE, MIAMI, FLORIDA, AND FROM "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE 3.21± ACRES OF REAL PROPERTIES AT 60 AND 70 NORTHWEST 73 STREET; 7320, 7324, 7328, 7338, 7400, AND 7406 NORTHWEST MIAMI COURT; AND 7301, 7395, AND 7401 NORTHWEST MIAMI PLACE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: Itein PZ.7 was continued to the September 23, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.7, please see "Order of the Day" and "Public Comments for allltem(s)." City of Miami Page 214 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 PZ.8 ORDINANCE Second Reading 9000 Department of Planning PZ.9 9113 Commissioners and Mayor - PZ 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 T5-R, "URBAN CENTER ZONE - RESTRICTED", TO T6-8-O, "URBAN CORE -OPEN", FOR THE PARCEL GENERALLY LOCATED AT 7421 NORTHWEST MIAMI PLACE; AND FROM D1, "WORK PLACE DISTRICT", TO T6-8-O, "URBAN CORE -OPEN", FOR THE PROPERTIES GENERALLY LOCATED AT 60 AND 70 NORTHWEST 73 STREET; 7320, 7324, 7328, 7338, 7400, AND 7406 NORTHWEST MIAMI COURT; AND 7301, 7395, AND 7401 NORTHWEST MIAMI PLACE, MIAMI, FLORIDA, 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: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: Item PZ.8 was continued to the September 23, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.8, please see "Order of the Day" and "Public Comments for all Item(s)." ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING APPENDIX "B", TITLED "WATERFRONT WALKWAY DESIGN GUIDELINES", OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Vice Chair Russell: Moving on. PZ.9 and 10. Can I get a motion for PZ.9 and 10, waterfront design guidelines and waterfront materials -- Commissioner Reyes: Move it. City of Miami Page 215 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 PZ.10 9172 Department of Planning Vice Chair Russell: -- index? Moved by Commissioner Reyes. Commissioner Watson: Second. Vice Chair Russell: Seconded by Commissioner Watson. I'd like to be noted as a -- as a sponsor on both PZ.9 and 10, please. Commissioner Watson: Me, too. Commissioner Reyes: Me, too. Vice Chair Russell: All right. Amendments on those on the dais. Is there any further discussion on the items? Commissioner Reyes: No. Todd B. Hannon (City Clerk): PZ9 as an ordinance. Vice Chair Russell: Yes, I'm aware. Barnaby Min (Deputy City Attorney): PZ.9. The Ordinance was read by title into the public record by Deputy Cio, Attorney Barnaby Min. Vice Chair Russell: All in favor; say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on PZ.9 and PZ.10. Commissioner Watson: Aye. That was -- you've got me, Todd? Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE WATERFRONT MATERIALS INDEX AS A COMPLIMENTARY SET OF STANDARDS TO "APPENDIX B: WATERFRONT WALKWAY DESIGN GUIDELINES" TO GUIDE THE FUTURE DEVELOPMENT OF WATERFRONT PROPERTIES. ENACTMENT NUMBER: R-21-0329 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Reyes, Watson ABSENT: Diaz de la Portilla, Carollo Note for the Record: For minutes referencing Item PZ.10, please see Item PZ.9. City of Miami Page 216 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 PZ.11 ORDINANCE Second Reading 9104 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-L, "GENERAL URBAN ZONE —LIMITED," TO T5-O, "URBAN CENTER ZONE -OPEN," OF THE PROPERTY LOCATED AT APPROXIMATELY 2000 NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PZ.12 9382 Commissioners and Mayor - PZ MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.11 was deferred to the September 13, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.11, please see "Order of the Day." ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.9, TITLED "SPECIAL AREA PLANS" TO AMEND THE DEFINITION OF THE TERM "ABUTTING" AS IT RELATES TO SPECIAL AREA PLANS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Jeffrey Watson, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: PZ.12, updating definition of abutting regarding SAPs (Special Area Plans). Commissioner Watson, This is your item. Would you like to move it? Commissioner Watson: Yes. 1 just wanted to make sure that this was a clarification for the code. 1 move it. Commissioner Reyes: 1 second it. Vice Chair Russell: Moved by Commissioner Watson, seconded by Commissioner Reyes. So, I just -- I want to make sure I understand it fully because in the previous meeting, we were dealing with this question of whether or not -- Conmaissioner Watson: Yes. City of Miami Page 217 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: -- an SAP can jump a private property. So, the goal of this is to clari that in the future, from here forward, SAPs will not be able to jump private property? Commissioner Watson: And -- and what's abutting. Abutting is as is -- define abutting and not, you know,, jumping across the street or something like that. Vice Chair Russell: And does that change the definition of abutting for all of our -- everything we deal with in terms of abutting, or is it just in the -- in terms of SAP whereas the amendment's only happening in the SAP portion? Commissioner Watson: That's a good question. Vice Chair Russell: Mr. Min? Barnaby Min (Deputy City Attorney): It is -- the intent was limited to SAPs. Vice Chair Russell: But does that create a precedent within the Code as the definition of abutting will then be used in this fashion so that abutting cannot include properties that have a private property between them? Mr. Min: The proposal does amend -- actually, the proposal does not amend the definition of abutting. So, it should not affect other properties. It only amends Article 3, Section 3.9, which is limited to special area plans. Vice Chair Russell: Got it. And so our intention is that if a railroad goes through, and it's a privately -owned railroad, the SAP cannot extend on both sides of that, correct? It also affects boulevards over 75 -- rights -of -way over 75 feet; is that correct? Cesar Garcia -Pons (Director of Planning): Over 70 -- 70 feet right-of-ways, as written. Vice Chair Russell: So, is that also the intention of the sponsor, that SAP could not extend both sides of a street if that street is more than 70? Commissioner Watson: I wasn't aware of the -- that square footage designation. 1 mean, I can amend it to include it, if that's what's necessary. Vice Chair Russell: I'm wondering if there's a case where -- and I get an SAP is for design flexibility. It gets abused with regard to intensity and density, but the idea is, if someone amasses an assemblage that they get design flexibility. I could see where that would cross a boulevard and you would have -- you're basically creating a neighborhood and it -- and maybe they end up doing crossovers through, you know - Commissioner Watson: But if it -- I guess so then -- so then that question becomes' I guess, relevant if they own the other side of the boulevard. Vice Chair Russell: Yes -- yes. Commissioner Watson: Because then they own the other side of boulevard. Vice Chair Russell: Okay. I'm okay with it because -- you know, and this just gives them creative ways to create that assemblage. But I want to respect the spirit of what you're trying to protect against. City of Miami Page 218 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Watson: Right. Well -- Vice Chair Russell: Let's say, you don't want someone to abuse an SAP assemblage by crossing private property in the future. Is that -- Commissioner Watson: And -- and clarify, I guess, for the Code section, what -- what is abutting? Vice Chair Russell: Right. Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Commissioner, what's the -- the practical impact? What's the -- what's your ultimate goal here? Why -- because really, railway -- railway lines are not private property, right? Vice Chair Russell: FEC (Florida East Coast) owns it, so it's -- Commissioner Diaz de la Portilla: Right. Vice Chair Russell: -- not considered right-of-way. We -- we've treated it as right- of-way, but now we're thinking -- Commissioner Diaz de la Portilla: But let's say if hypothetically, I support it, and I support the concept of SAPS -- Commissioner Watson: Right. Commissioner Diaz de la Portilla: -- to create redevelopment in blighted areas and so forth. What's the -- the practical end result of this policy change? Because it's -- it's actually a major policy change. Commissioner Watson: So, then it becomes a question -- when you say abutting, let's -- let's say maybe SAPs die in the report that's corning in October. That's the best thing for us, right? We give people, flexibility and it gets abused. But the end of the day, right, if in fact, you -- it does survive, then the question is, you should have a singular owner, and a singular owner or then someone joining on land that's abutting, and this whole kind of squiggly lines thing doesn 't work to work against them. If you have to own nine acres, then you own nine acres. If not, then you can't bring something else in some sort of crazy fashion to be abutting for purposes of now gaining from us more leverage than you had. Commissioner Diaz de la Portilla: I -- I understand. I think -- and I remember before I was here -- before we were here, right -- maybe you remember. There was a particular developer that had seven acres and wanted to add another two acres of parkland. Commissioner Watson: Yeah. Vice Chair Russell: Legion Park -- Legion Park. Commissioner Diaz de la Portilla: That -- that -- right. And -- and Legion Park, was it? Yeah. And so that -- that's abusing the process. But if -- if we have a private owner -- let's say someone owns six acres, and there's another owner that owns three acres across on the other side of the railway line -- Commissioner Watson: A private acre -- a private owner, yeah, sure. City of Miami Page 219 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Diaz de la Portilla: -- and -- and -- and -- and that -- they got together, they assemble nine acres. They can do an SAP. There's some synergy there. Even though there's railway line between, they can do a walkway or a -- a crossover, as you call it, and -- but they can 't do if they only have six acres. So, would this stop that from happening? Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: And that's a concern that I have. Commissioner Watson: Well, it stops -- it stops it from happening unless they join together, then it's not going to stop them. Vice Chair Russell: Oh. So, I misunderstood -- I misunderstood. So, if they join together as a single entity, then it erases the -- the preemption of -- of a -- of a -- Commissioner Watson: Well, that's different. Vice Chair Russell: -- private railway from stopping the assemblage? Commissioner Watson: That's -- that's different. Commissioner Diaz de la Portilla: Yeah, that's different. Let me ask staff on this one, ifI may, through you, Mr. Chair. Vice Chair Russell: Okay. Yeah. But I -- I just want to make sure my question's answered because -- Commissioner Diaz de la Portilla: It's the same question. Vice Chair Russell: Is it? Okay. Ownership determines whether or not they can jump a railroad? Mr. Min: So, as drafted, regardless of whether or not the FEC joins, it states that properties separated by the Florida East Coast Railroad corridor shall not be included. Commissioner Diaz de la Portilla: So, that's the problem. Vice Chair Russell: But in general, SAPs -- can -- can SAPs be applied for by multiple owners, or do they need to have a joint ownership? Mr. Garcia -Pons: Yes. Multiple owners are fine. Vice Chair Russell: Multiple owners can, normally. So, this simply is saying, if a railway -- a private railways goes through -- Commissioner Diaz de la Portilla: Not private. Vice Chair Russell: -- your SAP -- FEC is private, though. Mr. Garcia -Pons: It's a private right-of-way. Commissioner Diaz de la Portilla: Yeah -- yeah, but it -- it's a different company, right? So -- and so, in essence, if they don 't -- finish, and I'll ask my question. Vice Chair Russell: Meaning that it's a separate property owner going -- City of Miami Page 220 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Diaz de la Portilla: They -- they can block -- Vice Chair Russell: -- bifurcating their SAP assemblage, they don 't get the assemblage? Mr. Garcia -Pons: Correct. Commissioner Diaz de la Portilla: Right. Mr. Garcia -Pons: It's -- it's just like any other private property. They can't jump a private property. They must be abutting. So, if -- if FECI (Florida East Coast Industries) -- according to the way it's written now, it does not -- you -- you will not be able to join them even if they did join. I'm not sure that was the intent. Commissioner Diaz de la Portilla: That needs follow up. Vice Chair Russell:: Yep. Mr. Garcia -Pons: But — Commissioner Diaz de la Portilla: Let me ask you: If someone -- again, to simples it, if someone owns six acres here, there's an FECI railway between -- track in between, and someone else owns three acres over there and they get together -- or the same person owns both, doesn't really matter. They get together and say, look, let's deve -- we develop this area. We know the area we're talking about. It's -- it's an area that needs redevelopment still. Not all parts need some redeveloping, but some of it still needs it, right? They say, let's do this SAP. And FECI says, I don't want it, they can stop it. Mr. Garcia -Pons: Yes, sir. Vice Chair Russell: It's -- it's not about whether or not FEC wants it or not. It simply, by the code, will not be allowed. Commissioner Watson: Yeah, right. Commissioner Diaz de la Portilla: No. But the change - Commissioner Watson wants to make -- is it allowed now? - the change that the Mr. Garcia -Pons: Through -- through the Chair, If -- if FEC -- currently, if FECI, as a private landowner, joins an SAP, it will work. Vice Chair Russell: Ah, okay. Commissioner Diaz de la Portilla: Oh, okay. That's what -- Mr. Garcia -Pons: What this is doing is -- what this is saying is that, even as a private property owner, they cannot jump it. And that's as written. I don't know if that was the intent. Commissioner Diaz de la Portilla: Oh, so it puts a limitation on -- on the, if I may, on the six -acre owner and the three -acre owner or the -- to -- to -- to talk to FECI and say, hey, you know, let's do this. Mr. Garcia -Pons: This -- City of Miami Page 221 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Diaz de la Portilla: This -- this would stop that from happening? Mr. Garcia -Pons: Pardon me? Commissioner Diaz de la Portilla: Prevent that from happening? Mr. Min: So, regardless of whether you have a property on the east side of the -- of the railroad track -- regardless of the -- if a property owner on the east side of the railroad tracks and a property owner on the west side of the railroad tracks, if they both agree, as drafted, it is not allowed. Because it says properties — Commissioner Diaz de la Portilla: 1 have a problem with it. Mr. Min: -- not abutting if it's -- if there's an FEC corridor. I don't know if that was the intent. If -- if we want to modify it and say, unless the FEC agrees -- you know, we could modify that, but as drafted, it says include properties separated by the FEC shall not -- Vice Chair Russell: Then maybe we're getting to it specific with regard to FEC. Because it seems the spirit is, if you're bifurcated by private property, you're not able to jump that private property unless that private property owner is a part of your SAP. Commissioner Watson: That's it. Commissioner Diaz de la Portilla: That'd be part of'it. Vice Chair Russell: Can we -- Commissioner Watson: I mean, that's what it's supposed to do. Vice Chair Russell: 1 think that's what he's going for. Victoria Mendez (City Attorney): That's how it's drafted. It's drafted -- Commissioner -- Commissioner Watson wanted that the definition of abutting would not include two different sides of a railroad. I did not know, though, that the railroad can apply to be part of the SAP. I did not know that that was a possibility. Vice Chair Russell: They're a private property owner. Commissioner Diaz de la Portilla: Well, doesn't that force -- well, I don't know, does it force a private property owner to deal with FECJ, or do they have to -- Vice Chair Russell: It should. It does. Commissioner Diaz de la Portilla: It does? Ms. Mendez: As -- as drafted, but I -- I really do not think that they could join that way. I mean, because you have to -- they would literally, have to parse out their property that -- you're not going to include the whole railroad. I mean the -- the -- I -- I don 't see how that could happen, but Planning is -- is stating that it -- Vice Chair Russell: Would they have to subdivide their property? Ms. Mendez. I -- I would think they'd have subdivide to actually make a property that's contiguous with this SAP and part of it, because if not, their whole railway would be one property. So, I don't know how you can technically -- City of Miami Page 222 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Watson: Right. Yeah. Commissioner Diaz de la Portilla: That's a big problem. Commissioner Watson: Here's the thing for us -- Ms. Mendez: I mean, I guess they have different parcels and -- but it would be a quite a long parcel. So, then you just say, oh, FECI -- I think it would circumvent the SAP process because then you could just have nine acres of FEC and two acres on either side of FEC. Like, I really don't think that that was -- Vice Chair Russell: That's interesting. Commissioner Diaz de la Portilla: Very narrow SAP. Commissioner Watson: Clear -- clearly -- Ms. Mendez: I don't think that was what was meant to happen. Commissioner Watson: Yeah. Commissioner Diaz de la Portilla: It'd he a very narrow SAP, right? Ms. Mendez: Right. Commissioner Watson: Commissioner raised a question. I guess, clearly, from -- from -- at least as relates to how we have to decide things. I want abut to mean abut. If it's abutting, it's abutting, okay? If it's not abutting, then -- right? It's automatically -- Vice Chair Russell: All right. I'm with you, Commissioner. Commissioner Watson: And so that -- that was really the intent of this. Now, I see what Planning Department -- I mean, it is to be determined -- to be determined. I mean, the issue is, abut should be abut. That's all. Vice Chair Russell.: Do we have a motion? Commissioner Watson: I wasn't trying to direct something to FEC or anybody else. But to clarify, because when I have to now make a decision on this, abutting isn't abutting. So, there you go. Ms. Mendez: The -- the other thing this does is, when a certain highway -- roadway is technically more than 70 feet -- Commissioner Diaz de la Portilla: That's what I -- that's -- Ms. Mendez: -- that is also not considered abutting because right now, as drafted, abutting is across the street. Commissioner Watson: Yes. Vice Chair Russell: But for the purpose of'SAPs, it won't be if' it -- if' the street is that wide. Ms. Mendez: And if this definition passes -- City of Miami Page 223 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: All right. We're good. We support you, Commissioner Watson. There's been a motion. There's been a second. No amendments. Commissioner Watson: Okay. Vice Chair Russell: You need this read into the record? Mr. Min? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Vice Chair Russell: All in favor of the item, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. PZ.13 ORDINANCE First Reading 9385 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 2, SECTION 2.2.1.3 AND SECTION 2.2.2, TITLED "CONFLICTS" TO CLARIFY THAT THE MIAMI 21 CODE PROVIDES A HIGHER STANDARD OF ZONING FOR THOSE PROPERTIES LOCATED IN THE MIAMI-DADE COUNTY RAPID TRANSIT SYSTEM DEVELOPMENT ZONE AND PROVIDING THAT ALL SUCH PROPERTIES SHALL REMAIN SUBJECT TO ALL OF THE PROVISIONS OF THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.13 was deferred to the September 13, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.13, please see "Order of the Day." END OF PLANNING AND ZONING ITEM(S) City of Miami Page 224 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 FL - FUTURE LEGISLATION FL.1 ORDINANCE 9313 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 2 TITLED "DEFINITION OF TERMS", AND ARTICLE 7 SECTION 1, TITLED "APPLICATION AND REVIEW PROCESS", MORE SPECIFICALLY SECTION 7.1.3.2 TITLED "GENERALLY" AND SECTION 7.1.3.8 TITLED "RESUBMISSION AND WITHDRAWAL OF APPLICATIONS REQUIRING PUBLIC HEARING", TO PROVIDE CLARITY AND COMMUNICATE PROCESS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item FL.1, please see "Public Comments for all Item(s)." FL.2 ORDINANCE 9314 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "NOTICE GENERALLY", MORE PARTICULARLY BY AMENDING SECTION 62-19 OF THE CITY CODE, TITLED "PUBLIC NOTICE - GENERALLY", AND SECTION 62-20 OF THE CITY CODE, TITLED "SAME -TYPES", TO PROVIDE FOR CLARIFICATION REGARDING REQUIRED AND COURTESY NOTIFICATIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item FL.2, please see "Public Comments for all Item(s)." City of Miami Page 225 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 FL.3 ORDINANCE 9363 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE SPECIFICALLY BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES", TO HARMONIZE THE PUBLIC NOTICE REQUIREMENTS FOR PLANNING AND ZONING MATTERS TO THE LANGUAGE FOUND IN SECTION 62- 19 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PUBLIC NOTICE - GENERALLY", AND SECTION 62-20 OF THE CITY CODE, TITLED "SAME -TYPES" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 226 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 NA.1 9435 City Commission NA - NON -AGENDA ITEM(S) DISCUSSION ITEM MAYOR SUAREZ AND CITY COMMISSION CONGRATULATED THE CITY OF MIAMI AND SANG HAPPY BIRTHDAY IN RECOGNITION OF THE CITY'S 125TH BIRTHDAY. RESULT: PRESENTED Vice Chair Russell: All right. On to the business of the day. All right. We've got to get this cake out of the way, so it's time to sing Happy Birthday. (UNINTELLIGIBLE) let us know whose birthday it is. Mayor Suarez: Okay. Perfect. Okay. So, I think obviously, there's been a lot of happening in the last few weeks, but this upcoming Thursday, right -- no, sorry, Wednesday, almost a week from today, the City of Miami is turning 125 -- 12.5. Applause. Mayor Suarez: And when you put it in the context of what we're seeing in Cuba, having 125 years of liberty, 125 years of freedom, 125 years of capitalism, we see that our city is thriving and doing better than many cities in urban America. And it's thanks to the Commission that we have, it's thanks to the wonderful citizens that we have in our city, and it's thanks to the fact that we abide by a few simple rules. The first is we try to keep taxes as low as humanly possible. The second one is, while a lot of cities defund police, we've increased funding for our police and want to have as many officers to keep our city safe. And number 3, we focus on quality of life. We know that the most important decision that any of you make is where you live and where you raise your families, and so we're focusing on making sure that we have the best city possible when it comes to education, when it comes to parks, when it comes to culture, when it comes to sports. And that's what we've focused on in our 125 years of existence. We hope to have another successful 125 years. And in the meantime, what, are we going to sing Happy Birthday? Is that we're going to do. All right. With a sparkler, here we go -- COVID-friendly sparkler. Happy birthday to you, happy birthday to you -- Ken, hurry up -- happy birthday to Miami, happy birthday to you. Applause. Mayor Suarez: Good job, buddy, good job. Yeah, they took a good picture. Commissioner Carollo: No, no, we don't blow it. It dies -- it dies naturally. We'll -- (COMMENTS MADE OFF THE RECORD) Applause. City of Miami Page 227 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 NA.2 9431 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE FIRST CITY COMMISSION MEETING FROM THURSDAY, SEPTEMBER 9, 2021 TO MONDAY, SEPTEMBER 13, 2021 STARTING AT 9:00 A.M. TO BE HELD AT CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA; DIRECTING THE CITY MANAGER AND THE CITY CLERK TO TAKE ANY AND ALL ACTIONS NECESSARY TO ENSURE THAT THE PUBLIC IS PROPERLY NOTIFIED OF THE CHANGE IN DATE. ENACTMENT NUMBER: R-21-0302 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Vice Chair Russell: Before we take up the order of the day, should I took up the first pocket item setting -- setting the September meeting? We'll call this P1.1. This is a resolution of the Miami City Commission, rescheduling the first Commission meeting from Thursday, September 9th. This is a pocket item number I about just setting the next Commission meeting so that as we go into the deferrals, we know what date we're setting it to. From Thursday -- it was September 9th, to now Monday, September 13th starting at 9:00 a.m. to be held at City Hall, 3500 Pan American Drive. So, the first Commission -- Commissioner Reyes: Can I -- can I ask why the change from -- Vice Chair Russell: Is your -- did administration get together with staffs on these dates -- the change of Commission date? Is my commi -- is my office aware? Commissioner Carollo: (INAUDIBLE) September? Vice Chair Russell: Yes, the first meeting in September was scheduled for Thursday, September 9th. The request is to move it to Monday, September 13th. Arthur Noriega (City Manager): The -- the -- can I -- can I give a brief explanation? Vice Chair Russell: Please. Mr. Noriega: The reason for that is because there's a conflict with the School Board also having their budget hearing on the original date, so we moved it to the 13th so that we would not have a conflict. Vice Chair Russell: Right. But did you check with each office? Mr. Noriega: We did, we did. We -- we -- we did check with each office, we did. Commissioner Reyes: 1 got it -- I got it. Vice Chair Russell: All right. So, each Commissioner is available. Is there a motion on PL1, please? City of Miami Page 228 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 NA.3 9439 City Commission Commissioner Reyes: Move it. Vice Chair Russell: Moved by Commissioner Reyes, seconded by the Chair. Is there anyone from the public that like to speak on this item? Seeing none, close public comment. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: The motion passes. Thank you. That's P1.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ("CITY COMMISSION") DIRECTING THE CITY MANAGER TO DRAFT A MEMORANDUM OF UNDERSTANDING ("MOU") WITH THE TOWN SQUARE NEIGHBORHOOD DEVELOPMENT CORPORATION ON THE DEVELOPMENT, DESIGN, AND FUTURE POTENTIAL PARTNERSHIPS REGARDING THE INTERSTATE 395 ("1-395") HERITAGE TRAIL/SIGNATURE BRIDGE UNDERDECK PROJECT ("PROJECT"), LOCATED ALONG 1-395/STATE ROAD 836 BETWEEN NORTHWEST 3RD AVENUE AND BISCAYNE BAY, MIAMI, FLORIDA; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE MOU FRAMEWORK, INCLUDING THE FUNDING SOURCE(S) FOR THE PROJECT'S OPERATIONS AND MAINTENANCE, TO THE CITY COMMISSION AT A CITY COMMISSION MEETING IN SEPTEMBER 2021. ENACTMENT NUMBER: R-21-0328 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Vice Chair Russell: During the discussion, 1 thought of something on RE.3. I don't want to revisit the item, but it brought up something -- that was the Baywalk under the I-395, which I want to make sure that our engineers are connecting it to the Underdeck project and not looking at them as separate projects. Commissioner Carollo: What -- what number is that? Vice Chair Russell: We just passed RE.3 before this, which is a -- Commissioner Carollo: Right -- right. Vice Chair Russell: It's a pedestrian passage under 395. I want to make sure our engineers are connecting it with the Underdeck project. And furthermore, I would like to welcome a motion directing the management to craft an MOU (Memorandum of Understanding) with Town Square on the development and design and future potential partnerships with the Underdeck and -- and -- so that we can at least see the framework for an MOU in September. It doesn 't mean we agree with it now, but we could have it bring -- brought back to us so we can have a fruitful discussion on it. Moved by Commissioner Reyes. Commissioner Diaz de la Portilla: I'll second it. City of Miami Page 229 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Vice Chair Russell: Seconded by Commissioner Diaz de la Portilla. Is that good, Mr. Manager? All in favor of the item say -- well, is there anyone who would like to comment on that? Unidentified Speaker: No. Vice Chair Russell: Seeing none, I'll close public comment. All in favor; say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Commissioner Watson: We -- we -- we're not on the hook for any money at this point? Vice Chair Russell: No. We're just asking the Management to come back in September with a framework MOU for us to consider. Commissioner Watson: And that -- that framework has the -- Commissioner Carollo had mentioned last time, Mr. Manager, make sure we know who's paying for operations and maintenance. Commissioner Reyes: Mr. Chair. Commissioner Watson: That's' a part of the MOU, right? Commissioner Reyes: Can we have a ten-minute break? Vice Chair Russell: Yes. Well take a ten-minute recess. Commissioner Watson: Okay. All right. Todd B. Hannon (City Clerk): And for the record, that motion passed, 5-0. Vice Chair Russell: Thank you. Yes. City of Miami Page 230 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 NA.4 9436 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO CONDUCT THE DUE DILIGENCE NECESSARY AND PURSUE THE PROCUREMENT MECHANISM REQUIRED, PURSUANT TO THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), FOR CONSIDERATION OF ACCEPTANCE OF A DONATION OF THIRTY PERCENT (30%) OF THE REVENUES GENERATED FROM THE SALE OF MIAMICOIN, A CRYPTOCURRENCY ("DONATION"), FROM CITYCOINS, INC., A DELAWARE NONPROFIT CORPORATION PENDING REGISTRATION TO CONDUCT BUSINESS IN FLORIDA ("CITYCOINS"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID DONATION; ALSO FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT SAID DONATION. ENACTMENT NUMBER: R-21-0326 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 Vice Chair Russell: I've -- I've just received a pocket item, but I don't know if the Commission wants to take this up today because it's -- I don't believe any of us have a than -- has -- have had a chance to get into it. But this is regarding Bitcoin, MiamiCoin cryptocurrency. Is -- is there -- this is from the Mayor's office, and I don't know if there's anyone here representing that can let us know if there's an urgency on this or -- a time emergency that this couldn't go on another agenda. Is anyone familiar with the cryptocurrency legislation that the Mayor is proposing? Fernando Casamayor: Commissioners, Fernando Casamayor, Assistant City Manager. We'll get Mike Sarasti to come down here and address any questions you have. I can tell you that believe there is a sense of urgency because in order to, for lack of a better term, get the key to this crypto wallet, we have to have it done in the next couple of weeks, or else the County could possibly get this key. But I'll let Mike Sarasti really get into the details on it. Commissioner Carollo: (INAUDIBLE). Vice Chair Russell: Your microphone, please. Commissioner Carollo: What I understand, it's basically that this company that's putting this Miami CityCoins is offering to give 30 percent of whatever they sell to the City of Miami, and we don't have to do anything, correct? Mike Sarasti: Yeah, that's correct. This is a -- Mike Sarasti, Director of Innovation and Technology at the City. This company' is effectively offering to give the City -- this is a donation. This is a right for the City Manager to explore the -- explore with due diligence on whether or not this cryptocurrency and -- and how the money will be corning towards us. But as well, it is to accept a donation from this company. City of Miami Page 231 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: Well, they're using our name already. Vice Chair Russell: Miami -- MiamiCoin is owned by whom? Mr. Sarasti: The -- CityCoin is the company. MiamiCoin is a company built on the Bitcoin protocol. Sorry, I just had to run down for a second, so let me catch my breath. Commissioner Carollo: It -- it's a Delaware corporation, so we really don't know -- Commissioner Watson: Yeah, the -- Commissioner Carollo: -- who the owners are? Mr. Sarasti: Yeah. There is no pre -mine, so in some cases, when you're talking about these coins, they are -- there's pre -mines involved, which means that there is a certain owner that's getting a percentage of the coin. That's not what happening in this case. So, in this coin, miners will get a percentage of the coin, and the City will effectively, get the -- the benefit. If it goes unclaimed -- if the City decides it does not want to take a donation, that 30 percent remains unclaimed. So, the idea is we are -- Commissioner Carollo: Well -- Commissioner Reyes: Wait -- wait -- wait -- wait -- wait a minute. Are we going to accept the -- this in cryptocoins? Mr. Sarasti: No, sir. It's accepted -- Commissioner Reyes: Do we have to -- do we have to purchase -- does City of Miami have to purchase any cryptocoins? Mr. Sarasti: Nothing. This is just the right for us to accept a donation. Commissioner Carollo: Yeah. Mr. Sarasti: There is no purchase. There is no holding of cryptocurrency. It's us accepting in US (United States) dollars. Commissioner Reyes: Do -- do we have -- Commissioner Carollo: And no strings -- Commissioner Reyes: Do we have a -- do we have any naming rights? Do you know what I mean -- that they say Miami? Commissioner Carollo: Nope -- no. Miami is one of those generic names. Commissioner Reyes: That -- that's the generic names? Commissioner Carollo: Yeah, generic name. Mr. Sarasti: Generic name. But -- Commissioner Reyes: Okay. Mr. Sarasti: -- so in effect -- City of Miami Page 232 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Commissioner Carollo: I see no problem in accepting this because they're just making an offer. We're asking the Manager to -- Commissioner Watson: To do due diligence. Commissioner Carollo: -- do due diligence, put this together. I'm sure the Manager will, for the sake of transparency, find out who the principals are so it's out in the open, obviously. Commissioner Watson: That's a must. Mr. Sarasti: That's correct. Commissioner Carollo: I'm sure the Mayor has done some of that so, you know, it's not like we're going to get, you know, some bad guy from somewhere in the world that's involved with this. I -- I -- I think -- I don't see anything wrong with passing this resolution. Commissioner Watson: So moved. Commissioner Carollo: We can make some money and -- look, this -- we're not being asked to do anything. Mr. Sarasti: That's right. Commissioner Carollo: They're offering 30 percent. Mr. Sarasti: Correct -- correct. Commissioner Reyes: That is -- that is -- I want to make sure we're not going to spend any of City revenue -- Commissioner Watson: No, no, no. Commissioner Reyes: -- I mean, funds on buying or purchasing any cryptocoins. Mr. Sarasti: That's correct. Commissioner Reyes: I mean -- Commissioner Diaz de la Portilla: I'll move that. Vice Chair Russell: It's been moved by Commissioner Watson, seconded by Commissioner Diaz de la Portilla. Question for you, Mr. Sarasti: So, the 30 percent is 30 percent of what, exactly? How do they generate revenue, and how do we calculate what we get? Mr. Sarasti: So, the coin is built on the Bitcoin blockchain. Stacks, which is a technology that exists on top of Bitcoin, is a smart contract technology on top of Bitcoin. This coin is designed on top of that programming protocol, and miners who choose to mine MiamiCoin can do that, and it will -- people -- there's a value -- people have perceived value around this coin. But there -- as part of the technology, if' they hold the coin for a certain amount of time, they can reserve the right to actually receive Bitcoin on top of it. So, there are a number of incentives around it. If you are a miner mining the coin, that incentives people mining this coin. So, out of that yield, there is a percentage of that that is effectively reserved inside the value City of Miami Page 233 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 that's allocated as part of this coin here. We're going to reserve that for the City, whether the City takes it or not. They are doing the conversion on their own side and say, City can only take USD (United States Dollar). We're going to convert that to USD and just send the allocation to the City. So, the City never deals in any of it. Commissioner Carollo: So what -- what -- what -- what do they have to gain from this? Or is it completely altruistic? Is this completely -- is this completely -- is this something that's completely altruistic from this Delaware company? Mr. Sarasti: Yes. The -- the spirit -- Commissioner Carollo: 100 percent altruistic? Vice Chair Russell: No, there's -- there's a profit to them. Mr. Sarasti: The spirit of this -- because there 's no pre -/nine, and it's important for the spirit of them pushing this coin that there is no, you know, pre -mine, there's no allocation to everybody. The idea is that if people make an investment in this coin, a portion of that money is going to go help make cities better. So -- Commissioner Carollo: Well, make sure we get to see what it looks like because I heard rumors they were going to put the Mayors face on one side and mine in the other, so -- Commissioner Reyes: Have -- have -- have you heard about Haiti coins? Commissioner Carollo: Two sides of a coin. Mr. Sarasti: Captain Haiti is -- this is actually a very similar concept to what Captain Haiti has done. Commissioner Reyes: Captain Haiti coins. Have you heard? This is a similar concept? Mr. Sarasti: The concept is similar where you 're using a token, yes, to incentivize community projects. Captain Haiti and I, I think, are actually doing some -- some lunch soon. Commissioner Watson: So -- and he -- and he is in -- in -- in -- Commissioner Carollo: Like Captain America. Commissioner Watson: He's based on Cardano, which is a different coin -- Mr. Sarasti: Correct. Commissioner Watson: -- and it's probably going to be going forward -- an area -- just like anything else; an area where community -based services for coins winds up being a valuable proposition, and so he was solicited. He was on Ether before. He was solicited and met the -- the creator of Cardano, and so the Cardano guy helped him change his platform. And so it's designed to have some iterations -- those first iterations. Commissioner Carollo: I'm -- I'm impressed -- since the Mayor started this whole thing, I'm impressed how knowledgeable some of my colleagues have become in Bitcoin. City of Miami Page 234 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 Mr. Sarasti: It is pretty awesome. Commissioner Reyes: Well, we have -- we have to be very careful because if we -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Watson: Let the record reflect, before the Mayor knew about this -- Commissioner Reyes: He obviously has reached and touched people. Mr. Sarasti: So, Charles Hoskinson that you mentioned, who's the founder of Cardano, has been doing a lot of advocacy on behalf of trying to do this community work in places. And, you know, there is a element of experimentation, but it is -- it's another potential revenue stream to improve the quality of the City. Commissioner Watson: Are we the first city -- are we the first city with this company? Mr. Sarasti: Yes. We would absolutely be the first. Commissioner Carollo: Mr. Manager -- Mr. Sarasti: We'll be the first coin -- Commissioner Watson: -- 40 percent. Mr. Sarasti: -- in city -- the first under the City. Commissioner Carollo: Mr. Manager, I'm cashing out in a minute or two. So, if I could call the question, and I just ask that you find out for us who the owners are -- Arthur Noriega (City Manager): Yep. Commissioner Reyes: -- if they're okay -- Mr. Noriega: Yep. Commissioner Reyes: -- and show us both sides of the coin. Mr. Noriega: Of the coin. Mr. Sarasti: Vicky -- Vicky's going to be -- Vicky's got something she wants to know. Vice Chair Russell: Thank you. This is DI (Discussion Item) -- Commissioner Diaz de la Portilla: But -- but -- but -- but -- but -- but please -- but please, please don't flip -- don'tflip the coin. (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Russell: This is getting worse. Commissioner Reyes: You want a picture on it? Commissioner Diaz de la Portilla: Only, downhill from here on. City of Miami Page 235 Printed on 01/21/2025 City Commission Meeting Minutes July 22, 2021 ADJOURNMENT Vice Chair Russell: Madam City Attorney -- Mr. Sarasti: You want a picture on the body. Victoria Mendez (City Attorney): Just -- just really quickly. This is a a great concept and everything, but it may have to be procured or there may -- may have to be a bid waiver. So, I just didn't want everybody to get all excited. So, it may have to come back -- Vice Chair Russell: Bring back if it does. That's fine. Ms. Mende: --Jroa bid waiver because this is -- even though it sounds altruistic, if we're the first coin, they're going to use the City logo, they're going to us as the first seller or -- Commissioner Reyes: That's right. That's -- that's one of the things. Ms. Mende: You know, I have to check out the liability. So, I -- I -- I get it, but just I wanted to let you know. Commissioner Carollo: Doesn't say that here. Okay. Vice Chair Russell: All right. P12, I'd like to open public comment. If there's anyone who would like to address PI.2 -- seeing none, I'll close public comment. There's' been a motion. There's been -- Commissioner Watson: Is that the occupancy loads? Vice Chair Russell: We got to get to that. Commissioner Watson: We didn't do that? Vice Chair Russell: No, this is just PI2. This is -- this -- this MiamiCoin item. All in favor of the MiamiCoin item, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. The meeting adjourned at 8:44 p.m. City ofMiami Page 236 Printed on 01/21/2025